THE PRIVILEGES OF AN AMBASSADOR: Written by a CIVILIAN to a FRIEND who desired his Opinion concerning the Portugal AMBASSADOR.  
— Et sanctum populis per secula nomen  
LEGATUM;—  
Printed in the Year 1654.   

SIR,  
I Received your Letter concerning the portugals outrageous action in the New Exchange; and by that Empire you have over me, you may challenge my private opinion concerning it, how our State may justly vindicate the blood of our Natives, shed by the train and followers of an Ambassador; Although the Judges having already acted by their imprisonment in the Common-goal, may seem to have decided the Controversy, by subjecting their persons to the Common-Lawes, not allowing them privileges as Comites Legati ought to have. But I find Sir Edward Cook himself censured, by a most learned Civilian, to be, Juris quod cum exteris obtinet non adeò peritus; And therefore the present Judges may allow themselves not infallible in a point not deduced from Littleton or Magna Charta, (and so bounded within the Narrow Seas) but referring wholly to the Laws and practice of Nations.  
Sir Edward Cook in the jurisdiction of Courts treateth but incidently of Ambassadors, 
Cap. 26.  as it were Confessing them exempt from the Jurisdiction of the Common Law. In the same Chapter he delivers it for Law, that if a man banished for any heinous offence be sent Ambassador to that place whence he was proscribed, he ought not to be detained or punished: and the same Legantine office may in reason aswell protect him that offends Durante offic●o, as exempt that person from punishment, in that place where he is Employed Legate, after a Crime committed.  
The most worthy Selden tells us, 
Ad Fletam. dissert. cap. 8. § 4.  that Renatus Choppinus and other learned men are deceived, that rashly affirm, the English retain no use of the Caesarian Laws; and declares that all Leagues and transactions between this Nation and other Princes and States, and the rights of Legation, are Governed and expounded by those Laws, and the interpreters of them: and therefore the use of these Laws is admitted in the Consistories of both our Universities, and in the Court of Admiralty, that Forainers that come to study and merchandise may be regulated by those Laws that are well known to themselves.  
The Legate brings with him the Laws and rules of Nations; 
Kirckner. l. 2. c. 1. n. 126.  according to which he squares his proceed; and his actions are only examined by these, and not by the municipal Statutes of particular nations: the Interdict in some Cities in Italy, that no man shall under a great penalty wear a sword in public, cannot extend to a Legate (thither sent) who according to the custom of his nation, Aeinacem & telum gerit.  
Ferdinand the Emperor shut up a Grove near to his palace in Vienna for his privacy and delight, and prohibited all persons under an heavy mulct to enter or cut down any trees there: the King of Poland's Ambassadour's Coachman rudely entered the place, and carried away a Cartfull of the forbidden trees, and though the Emperor frowned hereat, yet Legationis tutamini impunè res illa cessit, quod aliis fraudifuisset.  
An Ambassador, 
Dd. in leg. quoties ff. ad Leg. Jul. Maj.  that Conspireth the destruction of that Prince to whom he is sent, cannot be accused of Treason, for non subditus non potest peccare in majestatem; and though he be punishable, yet not by the municipal Laws of that place where he offends, which usually punish affectum pro effectu, 
Leg. post. Diu. God●eod.  suasum & Consilium sceleris pro consummato, but natural reason, and the Law of nations, make a difference between Intentions, and Facts, Gentilis de legate. lib. 2. Cap. 17.  
The Venetian Ambassador resident in England about the year 1628. was deprehended by the husband (if not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet) in bed with his wife; the husband consulting the learned in the Laws for revenge upon the Ambassador, found, that (inanis erat actio quae exceptione repellitur) the Legate was Privileged; and therefore was content only to sue a divorce adniterium a mensa & thero: though adultery be held natura probrum ac turpe, and (by the Law of the God) styled faedissima nequitia. leg. 20. cad. ad leg. Jul de adult.  
Cicero saith, 
Orac. 3 ●● verrem.  that the name of Ambassador ought to be so holy and inviolable, quod non modò inter sociorum Jura, sed etiam hostium tela incolume versetur, idque non tam humano quam divino scito sancitum: They were as sacred as Mercury sent from Jupiter, and thereupon Cato Oraculously saith, Caduceatori nemo nocet: And therefore the Romans esteeming Embassy the only Umpire and preparative of Peace and War, and that Legates in their employments do put off the nature of Enemies, did set up a College of twenty Feciales or Heralds, that if any Ambassador was violated by a Roman, they might deliver up the offender without any respect had to the honour and dignity of his person: for to that Heroic nation, Legati nomen gravius erat, quam ullius Injuriae aestimatio. 
Alber Gent. H. Grotius. etc.  The most eminent Civilians hold, that if an Ambassador offend (even through Treason or sedition) he is to be remitted to his own Prince to be punished, or yielded up by him, unless the danger from the Ambassador be imminent and sudden, in which case he may be justly killed, yet non per modum poenae, sed per modum naturalis defensionis. And though Ambassadors have sometimes been more roughly dealt with upon their committing offences, yet the sacred privileges of Ambassadors (as the Bishop of Rosse Ambassador for the Queen of Scots answered the Lord Burleigh (upon the same pretences against him) were never violated, 
Camd. Eliz. anno 1571.  viâ Juris, sed viâ Facti; and that by barbarous or ignominious persons.  
The Ambassadors of the Tarquins being sent into Rome to demand their goods, 
Liv.  although they had conspired with some Roman Youths, and taken a resolution to let in the Kings clancularly by night: yet the Consuls (to whom this Treason was discovered by a slave, deprehending all the Conspirators, & casting them into Prison) dismissed the Legates as inviolable by the laws of Nations, whose very persons are Asyla, protecting both themselves, and others.  
Scipio African, having taken a ship filled with many Carthaginians, remitted them all untouched, because they averred themselves to be Legates, although it was manifest to him, that they falsely assumed the name of Ambassadors to avoid the present danger. And the learned Gentilis (though Advocate in England for the Spaniard) hath these words, 
De legate. l. 2. c. 18.  Justissimè actum his diebus in Angliâ cum legato Hispanico, qui in vitam Principis & regnum ejus conjuratus, dimissus est dimittendum Legatum exist imamus optimis docti rationibus, & exemplis. We read of Sacra lagationum, & Sanctimoniam legatorum. Pomponius: l. si quis: ff: de legationibus: Sancta corpora Legatorum: Varro lib. 3. de ling. lat. ab omni injuriâ tectis jure Gentium, Servius ad 10 Aeneid: tutique regressus legato. Papinius. lib. 2.  
I shall not deny but that some learned men do hold that the law of nations is reciprocal, and may be violated by the Legate as upon the Legate: and that 'tis one thing to violate the Ambassador, and another thing to punish him, this supposing a Crime, that an Injury, & hoc juris illud facti nomen est: and though a Legate is esteemed holy and inviolable by the laws, 
ff. l. 8. the rer: divis.  yet Marcianus in his elegant definition of the word Sanctum, delivers that to be so, quod ab injuriâ hominum (non autem a jure magistratus) defensum atque munitum est, and therefore if an Ambassador, Jure gentium sanctus habetur, Jure-gentium etiam delinquens obligatur ad paenam: like as a sanctuary will save a man's life from manslaughter, but not when manslaughter is commited within the Sanctuary. 
Cap. in audientia. ex. de sent excom.  Frustra siquidem Ecclesiae implorant auxilium qui in eam committunt.  
To this it may be replied, that by Remission of an offending Ambassador to his own Prince, the offence is not pardoned, but the tribunal changed; his Mercurial rod doth not free but reprieve him: he may be interrogated, and his examinations transmitted to his Prince to punish him: And if an Ambassador ought to be remitted for offences against Princes and Commonwealths, which are Crimes, contra Jus inter Gentes (quod Jus inter Principes & populos diversarum Gentium communiter intercedit) how much more for offences against private persons that are Crimina solùm Jure Gentium, such as are Homicide, Felony, and Lying, etc.  
Now whether that security given to the Legates themselves may be extended to their followers, comes home to the portugals Case. It is a received rule, that privilegium concessum personae singulari extenditur ad personas accessorias sine quibus privilegium exerceri non potest. Rebuffus' de privilegiis, etc. privileg. 166. cap. licet. 
Plut.  de privileg. in 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And we see it granted at home and abroad to Ambassadors, their followers being comprehended to use divine service after their own Country Rites, 
Argum. le●. 16 ff. d●●ffio. pr●●s. 12 q. 2. cap. ecclesiar.  and Religion: eademque Privilegia prudentum interpretatione derivantur & extenduntur ad Comites, cum aequissimum sit oneris & periculi socios quinimo muneris vicarios, & morum testes, honoris quoque & favoris esse participes. And therefore they are equally guilty by the Julian Law who have injured either the Ambassadors or their Comites. 
ff. ad leg. Ju●. de repub. l. Julia lege. De Jure Bel. & pac. l. 2. c. 18. §. 8  And the most excellent Grotius saith, Comites sancti sunt accessoriè, and therefore if they do transgress, the Legate may be demanded to yield them up, but they are not to be taken away by force, which being once done by the Achaeans upon the Lacedæmonians (who were in company with the Roman Ambassadors) the Romans exclaimed The Laws of Nations were broken. 
Paus. lib. 7.   
And if the Ambassadors refuse to deliver up the offenders, satisfaction may be required of that Prince or State, that commissioned the Legat.  
The mere Law of Nature exacts punishments in the place where the Crime is committed, 
L●g. 2. God. ubi crim. God ubi sen. leg. 1. ff. l g● eo fa cto. de vulg. Subs.  and by the Civil Law, quisque conveniendus est ubi deliquit, vel ubi reperitur, it seeming to be reason that reatus omnem honorem excluderet, and that immunitas desineret cum incipit esse damnosa, Yet the Law of Nations exempts those that come upon public Faith, by which Law many things are forbidden that are allowed by the Law of Nature. Also by the Canon Law Clerico delinquenti datur praescriptio fori, And the Civil Law speaks De subditis, who are to be tried where they have offended.  
If Ambassadors and their Comites should be only secured from outrages and injustice (other men being so fare protected) they enjoy no special favour, or privilege. Besides, the security and remission of an Ambassador and his Comites, is of more concernment than their punishments, for punishments ought and may be had from that Prince and State, which sent the Ambassador. And if they refuse (justè interpellati) war may be denounced in vindication. And therefore those Laws which subject Strangers to the Laws of those Territories where the Strangers are found, suffer an exception in the persons of Legates because they represent their Princes. The Civilities and Violations done to their Ambassadors being esteemed by Princes as done to themselves.  
We find him in the Civil Law to be guilty of Treason, 
ff. leg. 6 ta. ad leg. Jul. Majest. 19 Obs.  qui statuas aut imagines Imperatoris jam consecratas conflaverit, aliudve quid simile admiserit: and Cujacius (like our own Law) affirms him guilty of the penalty in the Law Cornelia: qui monetam vultu Principis signatam conflaverit. 
7. Variar.  Cassiodorus brings in King Theodorick speaking, Monetae debet integritas quaeri, ubi & vultus noster imprimitur; quoduam erit tutum, si in nostrâ peccetur effigies, etc. 
Dio. Ap. in Mithr.  And Philip did therefore overthrow Athens, because the Athenians had but bespattered his Image with Urine. And if the Abusers of the Statues and Pictures of Princes, have been so severely handled, how may they be dealt with, that shall violate the vocal and animate Images of Princes (prope dixerim animum & Linguam) the Legates themselves.  
Idiaco Secretary to Philip the second, King of Spain, told Waad the Ambassador of Queen Elizabeth, 
Camd. Eliz.  that the affronts and injuries the Queen had done to Mendoza (anno 1584.) as formerly to Despesi, the Spaniards Ambassadors (anno 1569.) were offered to the Catholic King himself.  
An Ambassador therefore representing his Prince, enjoys the same privilege his Prince should do, were he in another Nation. And there is a notable Precedent cited out of Fleta, 
Lib. 2. cap. 3.  that Kings carry an exempt Jurisdiction being in another Nation, where treating of the Jurisdiction of the Court of marshalsea, it is said, And these things they may lawfully do by Office, (that is to say) the Steward of the King's household, notwithstanding the liberty of any other, although in another Kingdom, where the offendor may be found in the King's house; according to that which happened at Paris, held in the 14. year of Edw. 1. of one Ingelram of Nogent, taken in the household of the King of England, (the King himself being then at Paris) with silver dishes lately stolen, at which deed the King of France being present; and whereupon the Court of the King of France did claim Cognizance of the Plea concerning that Theft, by Jurisdiction of the Court at Paris, the matter being diversely debated in the Council of the King of France; at length it was ordered that the King of England should use and enjoy that his Kingly Prerogative of his household; where being convicted (by Sir Robert Fitz-John Knight, Steward of the King's household) of the Theft, by consideration of the same Court he was hanged on the Gallows in St. German's fields.  
It may be objected that by this Remission of the offenders to their own Masters, the like attempts may be encouraged, the Train and followers of Ambassadors being not stinted by the Laws of Nations, and then, not legatio sed Legio mittatur, 
Proc. lib. 2.  whereupon Georgius Romanus, Governor of the City Dara under Justinian the Emperor, refused to admit the Ambassadors of Cosrhois the Persian King into the City, being four hundred Persons, lest they might prevail upon the City.  
It is replied, No man can justly object his fear of the multitude of Ambassadors; for my right is not taken away by another man's sear, and so much the less, because there be many ways of Caution and prevention of danger.  
It is true, that Embassies of Congratulation carry more pomp usually than business, and the Attendants are many; In these Embassies of business, fewer, because transactions are more expeditious (and more secret) that are managed by few; And therefore that little beast the Naturalist calls Millepeda, omnium reptilium tardissimum est animalculum: And though Demetrius taking it heinously from the Lacedæmonians that had sent only one person in Embassy to him, sic exclamasse fertur, unum ad me Lacedaemonij? to whom the Legate replied scitè & breviter, sed non ad Legationis pompam ac decorem, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, And Isidor. lib. 4. speaks of Belus rex Babyloniae (who first introduced Commerce by Ambassadors) that he was content with two: Like old Cato that had one or two Boys only in his company when he was Ambassador. 
Plutarch.  Yet our modern Lawyers commend sometimes the splendour of an Embassage, & our Stories express them most successful in their Treaties, that are most honourable in their carriage, and Copious in their trains. And Kirchnerus observes the French to be reputed ignominious by the parsimony of their Legations.  
But heretofore (as well as at present) the portugals in their Embassies, as Warser. de Legat. speaks, Lusitani Regis in Hispaniam legationem instar exercitus appulisse, and the master of the Household appointed to quarter them, demanding how many they were, being answered by a Portugal, that they were 500 like unto Gods, and 500 like unto other men in that Embassage, replied that the Godlike should go into the Temples, and these like men into the Inns.  
In this delivery of my Judgement, I have not endeavoured to flatter my Countrymen into the usurpation of an illegal privilege, but rather advertised them to amplify their renown by a generous observation of Hospitality, and respect to strangers and Ambassadors: and have impartially searched after truth, because though there is no man before whom I might more safely err, yet there is none whom I would more unwillingly seduce than my Second self.  
FINIS.