which are for a seuerall discourse I wil only say that if an Ambassador will reape honour of his charge it is meete that he doe honour vnto the same and that he be iealous of the degree and place which is due vnto his Maister without yeelding any iote thereof vnto an other Princes and soueraigne estates doe hold many times more deare the conseruation of their degree and dignitie than of their lands and possessions So Arcases did put his Ambassador to death for hauing surrendered his place vnto Sylla as Plutarke saith It is true that alwayes such questions doe not arise because almost euery one throughout all places knoweth the degree and place that is due vnto him In the Court of Rome for these 50. or 60. yeares the Ambassador of Spaine hath made question of precedencie with those of France There was a great alteration therein at the Councell of Trent At Venice it hath beene adiudged to him of France The late Aduocate Pithou affirmeth that in all the prouincials of all the Cathedrall Churches of Christendome that haue beene imprinted at Rome euen to this present the King of France is put the first of all other Kings being seconded by the King of England and then by him of Spaine Bodin sayeth that in the ceremonie of the Order of England the place of the King of France is at the right hand of the chiefe of the Order and so it was decreed at a Chapter helde on the eue of Saint George patron of that Order in the yeare 1555 by the knights of the Garter albeit that the King of Spaine had maried Mary the elder sister of the late Queene of England I beleeue that there would be no lesse honour done vnto him in Scotland Denmarke of many princes and potentates of Germany and Italy But the Emperor being neere kins-man of the same name and armes that the King of Spaine is giueth the precedencie to his Ambassador and the last Emperor was content that it should goe by turnes as anciently that of the Roman Consulls was and at present that of the Burghemaisters and Auoyers in some Cantons of Swisserland is to the end not to displease th' one nor the other Neuerthelesse the King sent word vnto Monsieur de la Forrest his Ambassador that he should not alter any thing in this matter without his expresse commandement The Senate of Polonia to a like question ordayned tha the first come should be the first heard At an other time at the Councell of Constance the Ambassador of England debated it with him of France whose strongest argument was the title which his Maister then tooke of King of England and France And he possessed Aquitania and pretended vnto Normandie I haue heard reported that an Ambassadour of the Kings in Swisserland being in company with the Ambassador of Spaine at the assembly of Baden and seeing that the spaniard alwaies stroue for the way made as if hee would buy something at a Marchantes shoppe where both of them staying together the French stepped out first and took the aduantage The best is in such occasions neuer to meet together vnlesse that the seruice of his maister doe require it At least he can excuse himselfe for publike places and ceremonies as hath bin practised at Rome for these certaine yeares And if so be our Ambassador chance to be present at such like altercation of other Ambassadors he must take heed not to inuest himselfe in the one side or the other or any way to interpose himselfe therein without his masters commandement It is not so for al other differences that many fal out in the countrie where he is especially if hee perceiue his Maister to haue any interest therein as when there hapneth any discord amongst the Swissers or the Grisons all which haue almost as many common-wealthes as they haue Citties and Corporations And it is very hard that in that great body so diuersly compounded with difference of customes languages and religion in one only Canton of the Grisons there are three different languages spoken there growe not amongest them as wise as they all are some occasion of disputation wherein the wise Ambassadour may make the dexteritie of his spirit to preuaile by setting them at accord imploying the affection of his Maister towardes the one side and the other to oblige them both vnto him The which thing the Sieur de Liuerdis last Ambassador for the King amongst the Grisons knewe how to handle both wisely and profitably when he sawe they were on termes of disagreeing and I can speak for a certainty that his memory is yet helde deare amongest them The Interest of the King in these two estates is that during their diuisions hee can leuie no forces nor be succoured with their people to any purpose if hee shoulde stand in neede of them About the yeere 1602. the Sieur de Dase by his wise Meditation accorded to twoo Kings of Denmarke Swethen being ready to enter into warre and both of them made choice of him for Arbitrator of their differences His Priuiledges IT followeth now to speake of the priuileges immunities of an Ambassador not only for the respect of his owne person but also of those of his family of all that appertaineth vnto him for concerning his person euery man knoweth that by the lawes of God man euen amongst barbarous nations and in the middest of the armes and armies of enemies the person of an Ambassador hath in all ages beene adudged holy sacred and inuiolable for if besides the perill and inconueniences of a long voyage to which they expose themselues they should not be in safetie in the place whereunto they goe there would neuer be any which would vndertake the hazard thereof and consequently there would neuer any longer be made any truce peace or establishment of commerce finally we should fall againe into that first Chaos and confusion of all things And likewise the punishments of those that haue done violence vnto them haue in all times beene very rigorous this lawe being growne into a prouerbe Legatus neque coeditur neque violatur And when men haue not taken punishment for the same it hath beene obserued from age to age that God hath not suffiered this offence vnpunished witnesse the subuersion of Carthage of Sirus of Thebes and of so many other Citties yea Prouinces and whole Kingdomes Dauid fought against discomfited and brought into bondage the Ammonites for this cause The histories both sacred and prophane doe afforde vs enough and too many examples hereof King Frances the first denounced warre against the Emperour Charles for the murther of Amion and Fregose his Ambassadours Yea euen a rough and haughtie word a scorne or contempt done vnto some Ambassadors hath beene oftentimes cause of the beginning of warre as that of Dalmatia whereof Nasica was Generall and a long time after that of Simon King of Bulgarie against Alexander Emperour of Constantinople By a much stronger reason
many times his Maisters messengers to giue attendaunce fifteene or twentie dayes for his pleasure He shall therefore so accommodate himselfe vnto the manners of the country where he is that hee neither force his naturall disposition neither be perceiued to doe it purposedly for the one is ridiculous and the other suspected and odious An other effect of his temperance shal be not to receiue any gifts and presents neither of the Prince to whome hee is sent nor of any of his for any cause whatsoeuer vnlesse at such time as hauing taken his leaue he is ready to take horse and departe The Ambassadour of England sir Amias Pawlet would not receiue the chaine of golde which the king sent vnto him according to the custome vntill he was halfe a league out of Paris Giftes doe oblige and those that receiue them become slaues to those that giue them much more if they take a pension or other benefite in which case there wil be either a staine of auarice or suspition of treason and that is capitall in many places But there is nothing more hurtfull to his reputation then vndiscreete speaking for there are some seene who at the table and at euery word meddle not onely with particular persons but with the Princes also to whom they are sent finde fault with the forme of a popular gouernment laugh openly at the manners of the nation where they are This indiscretion cannot be endured from a priuate man but it is altogether intolerable from the mouth of an Ambassador who in doing therof doeth not any longer remember wherefore he is in that charge since that the principall and most apparant end thereof is to confirme as I haue said and to entertaine the amitie of the Prince or people to whom he is sent and I should neede a resme of paper to reckon vp the inconueniences that haue befalne throgh such indiscretion the danger that those haue incurred which could not commaund their tongues I will onely say with an ancient Writer He that knoweth how to speake well knoweth also when hee must hold his peace Whereas besides the tediousnesse of much speaking the same hindereth him from hearing of others and gathering by that meanes the truth of such matters as hoe ought to know in his charge The Lord Cecill high Treasurer of England had this dexteritie that he left not one at his table whom he did not reason with and heare speake at their turnes And concerning those which speake not the language the same may and ought to be doone by an interpreter who is present for that effect especially in popular Estates where the least will be respected as well as the greatest Neither can I forbeare to speake of those who spare not euen their maister and their owne nation these defaults wherof they discouer by their talke and by the same meanes confirme that opinion which strangers haue thereof Our country is our mother we ought not to reueale the shame thereof and we ought to be as iealous thereof as of our owne honour for it is ill befitting to a seruant to touch the honour of his maister to publish the secrets of his Court to controle his pleasures and blame his actions especially hee must take heede that he speake not in publike what hee iudgeth touching the right of his pretences towards any Estate for either hee must maintaine them to be iust or must altogether hold his peace and discreetly turne his talke to other matter These are Arcana imperij whereof Tacitus speaketh Courage also and resolution are very necessary for him by reason of the hazards intricate affaires oppositions and vexations which are euermore ordinary with those that serue Princes and Commonwealths And euen so the Romanes wel considering the perill which accompanieth Ambassages honoured the memory of those that died in that charge with a statue for which cause an Ambassador of Athens answered so freely King Philip of Macedon who threatned him that he would cause his head to be cut off If thou takest this head from me my Country will giue mee another that shall be immortall Statuam pro capite pro morte immortalitatem Neuerthelesse euery one would not like of such a change and some would rather keepe their owne and if the Ambassadors escaped the danger and had well serued the Commonwealth there were recompenses answerable to the desertes appointed vnto them The English Ambassador Sir Edward Stafford on the day or the next day after the Barricadoes of Paris when a Lorde of the faction of the Duke of Guise that dead is woulde haue him take a pas-port or safe-gard from the said duke made him answer I am vnder the safegard of the law of nations and in the protection of the King to whom you are but subiects and seruantes This proceeded from a generous resolution euen in the furies of a popular commotion when the most mutinous could do all and good men feared all The Lord of Mortfontaine that dead is going Ambassadour into Swisserland about fiue yeeres past and being to passe through the County of Burgundie which at that time was full of Spanish and Italian Souldiers going into Flaunders spake very freely vnto those of the parliament of Dole which would haue put him in feare to the end that hee might not arriue in due time at the assembly of Baden wherein they had some practise against the Kings seruice That he was vnder the assurance of the Law of nations and of the Newtrality and in the protection of the Lords of the Cantons and that they should readily determine to make his passage safe and this furthered him albeit that which he aledged of the Law of nations was very disputable as I told him as soone as wee were out of danger I will speake a worde agayne theereof in his due place Furthermore these are too common and childish precepts to admonish him to be patient and staied if he see any to breake out through impatience as they doe most commonly who thinke they haue right and reason on their sides Especially the Swissers and Germans who are cholerike The sence being distempered choketh reason and choller is an enimy to counsaile breeding hatred and contempt and is ill-befitting to euery man much more to a man that manageth the chiefe affaires of an Estate which many times hee hurteth through his hastinesse coller and impatience The Frenchman who hath his bloud hote and his spirit more stirring hath consequently certaine quicke dispositions which other Nations doe not allow of at least they woulde bee more tolerable in martiall men yea in any other man than in an Ambassador and Counsellor of Estate I wish neuerthelesse that he would moderate his grauitie so as it be not hautie as that of the Spaniards oftentimes is in their speach countenance traine and gate One that hath beene Ambassador in England since in France for the last King of Spaine was wont to say Dios es poderoso en el ciel y
therefore if they haue beene outraged n their persons Contrariwise this very name of Ambassador hath beene in so great reuerence with all good men that some haue not so much as touched the persons of those that had beene surprised in working some practises at Rome with the rebells The great Africanus sent home those of Carthage although that their Masters had violated the lawe of nations in the persons of the Romane Ambassadors and the Dictator Posthumius suffered certain spies to departe who falsely termed themselues Ambassadors and did no other harme vnto them It is not long since that there was great courtesie shewed to an Ambassador of a neighbour Prince which was discouered to haue complotted with the rebells of the Estate for without more adoe he had feare to departe Yet I aduouch that other haue dealt herein otherwise And the three former examples are of meere curtesie and effects of the Roman generositie King Frances the first hauing vnderstood that the Emperor had put vnder custodie the Bishop of Tarbis his Ambassador did the like vnto Granuelle lodging him in the Chastelet without dooing him other hurt And very seldome indeed hath that respect bin violated which the law of Nations I had thought to haue said of Nature hath imprinted in the mindes of men since the beginning of the world if it were not peraduenture by a Clement the VI. a Iulius the II. or some such other enemie of the name of France or rather enemie of nature The one reuiled and imprisoned the Ambassadors of Germany and France which went in their Maisters behalfe to offer him some good meanes of reconciliation The other committed to prison and tortured a Bishop being an Ambassador of Savoy that offered in the behalfe of his Master to enterpose himselfe in making peace betweene him and the King of France In ancient times the Romanes contented themselues to carry vpon them certaine herbs which they called Sagmina whereof they were called Sancti and the Greekes their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Heraldes their Caducei This onely marke in those dayes held them inuiolable and respected euen amongst the very Barbarous nations It is true that this respect freedome and assurance which they haue for their Maisters sakes giueth them no libertie to doe euill In hoc datumius gentium non vt laedant alios sed ne ipsi laedantur as saith a Writer of our time For hee that hath falsified the publike faith doth not deserue that it shoulde be kept vnto him and a colourable Ambassage is so much the more to be punished because oftentimes it concerneth the ruine of an Estate And all lawes ordaine that hee which abuseth his priuiledge maketh himselfe vnworthy therof and looseth it For if hee worketh any plottes or practises either by attempts on the person of the Prince to whom hee is sent or any enterprise vppon his Estate as Mendoza did in that of England some sixteene or eighteene years past At other times there was a distinction made if there were but a counsell simply giuen or a conspiracy made without execution or else if the effect followed thereuppon Afterwards they would know if hee were abetted in it by his Maister or not The which the Romanes and others did many times put in practise and those which were found to be disalowed by them were deliuered and giuen ouer vnto him whom they had offended or vnto his Maister Dedebantur ex iure gentium In the matter of Mendoza the Queene of England laide no hand on him but gaue him a Congee to departe out of her Realme This was not done without consultation taken whether there were lawe to stay him and haue him punished saying that in vaine hee putteth himselfe vnder the sauegard of nations which violateth the lawe of nations and there were many examples thereof or at least if he should be held in safe keeping vntil aduise had beene giuen and right required of his Maister They hauing done me the honour to aske my opinion on herein I told them that the most requisite and ordinary meanes and safest for the Estate was to aduertise his Maister therof to expect his allowance or disallowance but the Gentleman whom they sent thither was neither seene nor heard by the King of Spaine who made himselfe to be excused by his weakenes of body that he might auoide answering thereof Forasmuch as his attēpts of long time plotted ted against England were to manifest he would neuer he nor forsake him whom he had set on work They were also aduised that the offence was only plotted no executed coeptum non consummatum as the Lawyers say But in this last point I would not haue bin his warrant no more then of al others that make the like attempts who falling into the hands of Princes or Common-weales that are more patient to beare a wrong lesse stayed should not escape so good cheape For if it be granted by both ciuill and naturall lawes to resist force with force if Lex Talionis proceede from the law of nature Yea if such an enterprise had not beene left vnpunished in the very person of his Maister if hee had beene present as it hath beene seene many times I leaue it to be iudged of if there were not good reason to detaine him that I may say no worse Considering that rule of the Common law Vbi quis deliquit iurisdictionem eius subijsse intelligigitur cuius in ditione deliquit He is subiect vnto the laws of the Estate where the offence is commited and there is no qualitie nor priuiledge that excuseth him Which I affirme although he had shewed his maisters commission for the same And indeede euery man vseth not in such a matter the patience and prudence of a Romane Senate For the truth is that the Ambassadour which vnder the title of amitie commeth towards a Prince that is his Maisters alie to serue him an ill turne maketh himselfe culpable and without excuse Bis peccat qui praetexta pietatis peccat There being no priuiledge of the law of nations that can warrant him from the ordinary punishment of all such as trouble the quiet of any Estate Which I affirm by so much the stronger reason since that Procopius in his historie of the Gothes bringeth in Theodeadus saying vnto the Ambassador of Iustinian that an attempt against the honour of a woman or an indignitie done vnto a King by an Ambassador deserueth punishment Eatenus hac praerogatiua possunt vti quoad ab officio non recedunt Nam legatum licet oceidere si in Regem fuit contumeliosus aut si pudicitiam alienae vxoris contrectauit The easiest punishment is to expell him and send him home vnto his Maister or to demand Iustice to be done after that the crime shall be sufficiently auerred by letters or witnesses or that the Ambassador standeth conuict by hauing entered into the execution and enterprise Thus many haue dealt as I haue said before to shew themselues more