Since I writ the letter, I perused the stat. of 27 Eliz. and commission whereby the queen of Scots was tried; and doubt much whether it be to advantage to mention it, because her trial was by special commission framed by Act of Parliament in the nature of an high court of justice. Quere.-[Vol. 2. p. 428.] To his highness the Lord Protector of the Shewing that on the 5th of this inst. July,the petitioner being brought before certain judges at Westminster to answer concerning a crime of Murder objected against him, the petitioner then alleged his agency and employment here, being made a public minister with his brother the Lord Embassador from the king of Portugal his master, and that he was taken out of the house of residence of himself and his said brother Embassador, to answer touching the premises, which were supposed to be done during the time of his residence here, for the causes aforesaid. The petitioner prayed allowance of his privilege, and to be tried according to the use and justice of all nations in such cases, and prayed counsel to be allowed him to alledge his privilege, but was denied in his requests; and for fear of certain torments of death, unless he pleaded not to the indictment, which he apprehended would be instantly executed; he pleaded thereto, and hath since received judgment of death; which of how great consequence it is, being as he conceiveth, violation of the rights of Embassadors in his person, and otherwise, your highness's wisdom may judge. He prayeth respite of execution by your favour, and that due consideration may be had of him and premises, and execution on the said judgment may not be done, and that be may be remitted to his king. 'Don PANTALEO DE SA E MENESES. To his highness the Lord Protector of the That he is innocent of the crime that he is accused of; besides that he was condemned, the judges thinking he had submitted to the laws of England, which is a great mistake, for be, not being acquainted with the language, ever said the same that his master's brother said, not understanding any thing that was past, neither having any body to counsel him herein. Therefore be humbly beseeches your highness to consider of it, and other reasons, that do excuse him; and to grant him time, wherein your highness may be better informed herein, and he enjoying the privileges of the Embassador's family, your highness may take such resolution as you shall think most just and fit. [Vol. 1. p. 616] Bordeaux, the French Ambassador in England, to the count de Brienne. My lord; You will have without doubt received the articles, which the Lord Protector did send to ine; likewise you will have taken notice of the demands of this state, which did oblige me at my audience, which I had on Sunday last, after I had interceded for the brother of the Ambassador of Portugal, to declare unto him in general, &c. An Extract of a Letter of Intelligence from wherein I see how the Portuguese Ambassador's Paris 25-15 July, 1554. Extract of a Letter of Intelligence from Paris, It is believed your government cannot hold long in that fashion; yet the beheading of the Portugal Ambassador's brother is not displeas ing or wonderful to honest men; but the action he committed is worse esteemed, and only taken for madness and temerity, not for any gallantry or courage; so they say, justice should be considered over all things; yet concerning such a person, that grace should take place; which is all here said of that matter. Letter from Mr. Edward Pashlowe to the Protector's Council. Dated Gravesend Aug. 3, 1654. Right honorable; I make bold to inform your honours, that this day an attachment was granted out against the Portugal Ambassador's goods, at the suit of William Garfeild, who pretends, that the said Ambassador owes him' 521. and more. And I being desirous not to suffer the attachment to be perfectly executed without some directions from your honours, I have caused my servants to forbear, until I can be informed from your honours, whether I shall give permission, that the same shall be executed, or no. Therefore I most humbly pray your honours to send me such order therein, as may tend to my security, and according to your honour's good pleasure. [Vol. 2. p. 517.] Some few decisions relative to the Privileges of Embassadors and of persons attached to legations, which have been made in our courts of law, are collected in Comyns's Digest, title Embassador B. (they relate chiefly to the question what servants of an Embassador are protected against process in civil suits by stat. 7 Anne c. 12, which protection was at time much abused.) Mr. Ward, in his " Enquiry one aliud mihi factum quàin quod sceleris sui reprehensi essent,' saith Appian; The embassadors of the protestants at the council of Trent, though divulging there the doctrine of the churches, contrary to a decree there enact into the Foundation and History of the Law of Nations in Europe," chap. xvii. has collected and examined several precedents (among others this of Sa, and those of the Russian Embassador in 1708 and of Count Gyllenberg in 1717) and several opinions of jurists respecting the invio-ed, a crime equivalent to Treason, yet stood lability of Embassadors. Towards the end of the reign of James the first, the Spanish Embassador Inoisa secretly laid before the king a Memorial containing some very grievous and alarming charges against the duke of Buckingham. (See Hacket's Life of archbishop Williams). Upon discovering the fact, the duke, who was very desirous that the Embassador should be punished, applied for advice to sir Robert Cotton, and obtained from him the following answer, which is printed in the Posthuma of the author and is also among Tanner's MSS. in the Bodleian Library at Oxford. A RELATION OF PROCEEDINGS AGAINST To the high and mighty prince George duke of Buckingham. May it please your Grace; "In humble obedience to your Grace's command, I am emboldened to present my poor advice to this the greatest, and most important cause that ever happened in this state; the quiet of the kingdom, the honour of the prince, the safety of the Spanish ambassador's person exposed hereby to the fury of the people, all herein involved; A consideration not the least for the reputation of the state, and government, though he little deserved it. "The information made to his sacred majesty by him, That your Grace should have plotted this parliament; wherein if his majesty did not accord to your designs, then by the authority of this parliament to confine his sacred person to some place of pleasure, and transfer the regal power upon the prince: This information if it were made by a subject, by the laws of the realm were high treason, to breed a rupture between the sovereignty and the nobility, either by reports or writings, and by the common law is adjudged no less: The author yet knowing that by the representing the person of a sovereign prince he is by the law of nations exempt from regal trial, all actions of one so qualified being made the act of bis master, until he disavow: And injuries of one absolute prince to another, is factum hostilitatis, and not treason. The immunity of whom civilians collect as they do the rest of their grounds, from the practice of the Roman state, deducing their arguments from these examples. The Fabii ambassadors from Rome were turned safe from the Chades with demand of justice against them only, although they had been taken bearing arms with the Ethrurian their enemies: [Titus Livius 2 dec.] The ambassadors of the Tarquines, Morte affligendos Romani non judicârunt, et quanquam visi sunt ut hostium loco essent, jus tamen gen"tium voluit.' And where those of Syphax had plotted the murder of Masinissa, Nou they protected from any punishment: So much doth public conveniency prevail against a par ticular mischief; that the state of Rome, though in case of the most capital crime, exempted the tribunes of the people from question, during the year of office: [August. de Legibus Antiq Roman.] And the civilians all consent, that legis de jure gentium indictum est, et eorum corpora salva sint, propter necessitatem lega tionis, ac ne confundant jura comercii inter principes,' the redress of such injuries, by such persons, the example of modern and best times will lead us to. Vivia the Pope's legate was restrained by Henry 2, [Benedict, ia Viti Hen. 2.] for exercising a power in his real, not admitted by the king, in disquiet of the state, and forced to swear not to act any thag in prejudicium regis vel regni.' [Record, in Scaccar, West Claus. Edw. 1.] Hen. 3. ded the like to one of the Pope's embassadors, another flying the realm secretly, fearing, timel pelli sui, as the record saith. Edward 1, sa restraining another until he had, as his pregenitors had, informed the Pope of the fant of his minister, and received satisfaction of the wrongs. In the year 1523, Lewis de Pratt, Embassador for Charles 5, was commanded w his house, for accusing falsely cardinal Wolsey to have practised a breach between Hen. & and his master, to make up the amity with the French king; sir Michael Throgmorton, by Charles 9, of France, was so served, for being too busy with the prince of Condy in his fac tion. Doctor Man, in the year 1567, was taken from his own house in Madrid, and put under a guard to a straiter lodging, for breeding a scandal (as the Conde Teri said, in using by warrant of his place, the religion of his country, although he alledged the like permitted to Ghusman de Silva their embassador, and ta the Turk no less than in Spain. In the year 1568 Don Ghuernon d' Espes was ordered to keep his house in London for sending scanda lous letters to the duke d' Alva unsealed. The bishop of Rosse in the year 1571 was first confined to his house, after to the Tower, then committed for a good space to the bishop of Ely his care, for meddling with more business than belonged to the place of his employment: The like was done to Dr. Alpin and Marvisett, the French embassadors successively, for being busy in more than their master's attais. In the time of Philip the 2d, of Spain, the Venetian embassador in Madrid, protecting an oflender that fled into his house, and denying the beads or justices to enter his house, where the em bassador stood armed to withstand them, and one Bodevario a Venetian, whom they committed to prison, for his unraly carriage, and they removed the embassador unto another house, until they had searched and found the offender: Then conducting back the embassador, set a guard upon his house, to stay the fury of the people enraged. The embassador complaining to the king, he remitted it to the Supreme Council; they justified the proceeding, condemning Bodavario to lose his head, and other the embassadors servants to the galleys, all which the king turned to banishment, sending the whole process to Inego de Mendoza his embassador at Venice, and declaring by a public ordinance unto that state, and all other princes, that in case his embassadors should commit any offence, unworthily, and disagree ing to their professions, they should not then enjoy the privilege of those officers, referring them to be judged by them where they then resided. Bernardino de Mendoza, for traducing falsely the ministers of the state to further his seditious plots, was restrained first, and after commanded away in the year 1586. The last of Spanish instruments that disquieted this state, a benefit we found many years after by their absence, and feel the want of it now by their reduction. Having thus shortly touched upon such precedent examples, as have fallen in the way, in my poor observation, I humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent Cause. I conceive it not unfit, that with the best of speed, some of the chief secretaries were sent to the embassador by way of advice, that they understanding a notice of this information amongst the common people, that they cannot but conceive a just fear of uncivil carriage towards his lordship or his followers, if any the least incitement should arise; and therefore for quiet of the state, and security of his person, they were bound in love to his lordship to restrain as well himself as followers until a further course be taken by legal examination where this aspersion begun, the way they only conceived secure to prevent the danger; this fear in likelihood will be the best motive to induce the embassador to make discovery of his intelligence, when it shall be required: I conceive it then most fit, that the prince and your Grace to morrow should complain of this in parliament, and leaving it so to their advice and justice, to depart the house, the lords at the instant to crave a conference of some snall number of the commons, and so conclude of a message to be sent to the embassador to require from him the charge and proofs; the persons to be sent, the two Speakers of the two houses, with some convenient company of either, to have their maces and ensigns of office borne before them to the embassador's gate, and then forborne, to shew fair respect to the embassadors, then to tell them that a relation being made that day in open parliament of the former information to the king by his lordship, they were deputed from both houses, the great council of the kingdom, to the which, by the fundamental law of the state, the chief care of the king's safety and public quiet is committed, they were no less the high court of VOL. V. Justice, or supersedeas to all others, for the examining and correcting all attempts of so high a nature as this, if it carry truth; that they regarded the honour of the state, for the Catholic's immoderate using of late the lenity of sovereign grace to the scandal and offence of too many, and this aspersion now newly reflecting upon the prince and others, meeting with the former distaste (which all in public conceive to make a plot to breed a rupture between the king and state, by that party maliciously laid) hath so inflamed and sharpened the minds of most, that by the access of people to term and par-' liament, the city more filled than usual, and the time itself near May-day (a time by custom apted more to licentious liberty than any other) cannot but breed a just jealousy and fear of some disorder likely to ensue of this information, if it be not aforehand taken up by a fair legal trial in that high court: Neither want there fearful examples in this kind in the embassadors of Genoa upon a far less ground in the time of parliament, and his house demolished by such a seditious tumult: The parliament therefore, as well to secure his lordship's person, followers and friends, from such outrages, to preserve the honour of the state, which needs must suffer blemish in such misfortunes, they were sent thither to require a fair discovery of the ground that led his lordship so to inform the king, that they might so there upon provide in justice and honour, and that the reverence they bear unto the dignity of his master, may appear the more by the mannerly carriage of his message. The two that are never employed but to the king alone, were at this time sent, and that if by negligence of this fair acceptance, there should happen out any such disaster and danger, the world and they must justly judge as his own fault: If upon the delivery of this message the ambassador shall tell his charge, and discover his intelligence, then there will be a plain ground for the parliament to proceed in examination and judg ment; But if (as I believe) he will refuse it, then is he author scandali both by the common and civil laws of this realm, and the parliament may adjudge it false and untrue, and declare by a public act, the Prince and your Grace innocent, as was that of the duke of Gloucester, 2 Rich. 2, and of York in Henry 6th his time, then may the parliament jointly become petitioners to his majesty, first to confine bis embassador to his house, restraining his departure, until his majesty be acquainted with his of fence, and as well for security as for further practice to put a guard upon the place, and to make a proclamation that none of the king's subjects shall repair to his house without express leave: And to send withal a letter, with all speed, of complaint against him to the king of Spain, together with a declaration under the seals of all the nobility and Speaker of the commons, in their names, as was 44 Hen. 3, ta the Pope against his legate, and 28 Edw. 1. Requiring such justice to be done in this case, as by the leagues of amity, and law of nations 2 K is usual, which if the king of Spain refuse, or delay, then it is transactio criminis upon himself, and an absolution of all amity and friendly intelligence, and amounts to no less than a war denounced. Thus have I by your leave, and command, delivered my poor opinion, and ever will be ready to do your Grace the best service, when you please to command it. Mary particulars concerning Leslie the bishop of Rosse, whose Case sir Robert Cotton quotes, may be found in the Trial of the duke of Norfolk, ante, vol. 1, p. 957. The Case is also noticed in that of the duke of Hamilton, ante, vol. 4, p. 1155. The following are extracted from Camden: "Since by the confession of all, even of the duke himself, the bishop of Ross was charged as principal contriver of the business, they entered into a serious consultation what should be done with him, being an embassador. For whilst he (after the manner of other embassadors) thought he might lawfully promote the interest of his prince by any methods, and that by the sacred and inviolable privilege of embassadors, he was not to be accountable to another's jurisdiction: he had already committed many irregularities, by raising rebellion, and holding nocturnal cabals with the earl of Southampton and others; and now lately with the English fugitives in the Netherlands, the duke d' Alva, the Spaniard, and the Pope, for invading of England. It was therefore proposed to Daniel Lewis, Valentine Dale, William Drury, Wm. Aubrey, and Henry Jones, learned civilians, 1. "Whether an Embassador procuring an insurrection or rebellion in the Prince's country, toward whom he is Embassador, is to enjoy the privilege of an Embassador?" 2. "Whether he may not, Jure Gentium et Civili Romanorum, be punished as an enemy, traitor, or conspirator, against that Prince, notwithstanding he be an Embassador ?" To these two questions they answered: "Touching these two questions, we are of opinion, that an Embassador procuring an insurrection, or rebellion, in the Prince's country towards whom he is Embassador, ought not, Jure Gentium, et Civili Romanorum, to enjoy the privileges, otherwise due to an Embassador; but that he may, notwithstanding, be punished for the same." 4. "Whether, if the Prince be deposed by the common authority of the realm, and another elected and invested of that crown; the solicitor, or doer of his causes, and for his aid, (although the other Prince do suffer such one to be in his realm) is to be accounted an Embassador, or to enjoy the privilege of an Embas sador ?" To this they answered, "We do think, that the solicitor of a Prince lawfully deposed, and another being invested in his place, cannot have the privilege of an Embassador, for that none but Princes, and such other as have sovereignty, may have Embassadors." realm, and remaining there under custody and guard, ought, or may have there his solicitor of his causes, and if he have, whether he is to be counted an Embassador?" To this they answered, "We do think that a Prince coming into another Prince's realm, and being there under guard, and custody, and remaining still a Prince, may have a solicitor there; but whether he be to be accounted an Embassador, that dependeth on the nature of his commission." 5." Whether if such a solicitor be so appointed by a Prince so flying, or coming into another Prince's realm; if the Prince in whose realm, the Prince so in guard, and his solicitor is, shall denounce, or cause to be denounced, to such a solicitor, or to such a Prince under cus tody, that his said solicitor shall hereafter be taken for no Embassador; whether then such solicitor or agent can justly claim the privilege of Embassador?" To this they answered, "We doe think that the Prince to whom any person is sent in mes sage of Embassador, may for causes forbid him to enter into his lands, or, when he hath received him, command him to depart; yet so long as he doth remain in the realm, and not exceed the bounds of an Embassador, he may claim his privilege as Embassador, or solicitor, according to the quality of his commission." 6. "Whether, if an Embassador be confederacy, or be aider, or comforter of any trai tor, knowing his treason toward that Prince, toward whom, and in whose realm he pretendeth to be Embassador; is not punishable by the Prince in whose realm and against whom such treason is committed, or confede racy for treason conspired ?". And to this they answered, "We do think that an Embassador aiding and comforting any traitor in his treason toward the Prince with whom he pretendeth to be Embassador in his realm, knowing the same treason, is punishable by the same Prince against whom such treason is committed."* "According to these answers of the civilians, Ross being called up from the isle of Ely, and receiving a sharp reprimand, it was declared by the council, that he should be no longer reputed an Embassador,, but be severely punished according to his demerits. He allswered, That he was the Embassador of an absolute queen that was unjustly deposed, ' and had, according to his duty, carefully en'deavoured the delivery of his princess, and 'the safety of both kingdoms: that he came into England with the full authority of an Embassador under public warrandise, which he had produced; and that the sacred privi leges of Embassadors are by no means to be infringed.' Burghley most gravely informed him, That neither the privileges of an Embassage, nor letters of public warrandise, *These queries and answers are thus given in Murdin's State Papers, Camden abridges 4 "Whether a Prince coming into another them. "In the mean time the bishop of Ross was not wanting in the duty of a most faithful subject to the queen of Scots, but solicited the emperor, the Pope, the French king, and the catholic princes of Germany, who held him in hopes, but performed just nothing." Mr. Ward cites the following Case from Finet: ⚫ could protect Embassadors that offend against | Scous account, John Lesley bishop of Ross (who the public majesty of a prince, but that they had served his queen with an approved loyalty, are liable to be punished for the same, else though to the ruin of some, and the danger of wicked Embassadors might plot against the more) was dismissed from the Tower, and comlife of princes without any punishment.' On manded to depart England. He accordingly the other hand, he stiffly maintained, That the withdrew into France, being deadly afraid of 'privileges of Embassadors had never been vio- the earl of Southampton, (whose life he brought ⚫lated (to use his own words) via Juris (but into danger by the discovery he made) and of via facti:' And he pleasantly wished them Henry Howard the duke of Norfolk's brother, not to shew him fouler play than the English for the appeasing of whose displeasure, he Embassadors, Throckmorton in France, and wrote an apology for himself. He was scarce Randolph and Tamworth in Scotland, had gone, but H. Cokin, his private letter-carrier, found; who had raised rebellions, and openly was apprehended, and by his confession Morgan ⚫ fomented them; and yet suffered no greater discovered; who, being a forward man to pro'punishment, than the being commanded to mote any secret designs for the queen of Scots depart within such a time.' When they be interest, and very eager to put them in execu gan to urge him with testimonies of English- tion, presently fled. Atslo, the principal phymen, be gently desired them not to do it, since sician among the Papists; and Good, both of by a common received custon, which, as he them doctors of physic; and Francis Berty, said, was grown into a law, The testimony of were kept in prison for some months, for hold'an Englishman against a Scotchman, or of a ing a private correspondence with her by letScotchman against an Englishman, was not ters; and upon the same account were Henry 'to be allowed of. After some debates whe- Goodyer and Richard Lowder had in suspicion ther this would hold good, unless betwixt the borderers of both kingdoms, and that in cases relating to the frontiers; and whether the English Embassadors had raised rebellions; Ross was committed to the Tower of London; where being kept close prisoner, within a while he answered to all questions, with this proviso, That his answers should not be prejudicial to any. He excused the queen of Scots, for that she being a prisoner in the flower of her age, could not but use her utmost endeavours to regain her freedom, since queen Elizabeth 'denied her access to her presence, debarred ⚫ her from all hope of her liberty, and openly ' relieved her enemies. The duke he excused, in that he had done nothing as to the marriage with the queen of Scots, but with the consent of many of the queen's council; nor could he forsake her, though he had promised to do so ⚫ under his hand and seal, since there was before a mutual engagement of marriage betwixt 'them.' Lastly, he excused himself, For that 'since he was an Embassador and a servant, he could not without a sin depart from his 'duty, and abandon his princess in her distress.' But that he proposed the design of seizing on the queen, with no other intent, than to try whether the duke had courage to undertake such an attempt.' The crimes of the other conspirators he cunningly extenuated, but could by no means be brought to tell the names of the gentlemen who had devoted their service to the duke in seizing the queen. But he confessed, that, by the queen of Scots orders, he had, by servants employed betwixt them, treated with the duke, Arundel, Lumley and Throckmorton, and with the lord viscount Montacute by Lumley, about putting the castles in Scotland, the hostages, and the king of Scots, into Englishmen's hands, about renouncing the title, and giving up the English rebels." Afterwards, under the year 1573, he says, "That England might be the better secured from all domestic attempts upon the queen of "In the year 1627, one Philip Weiseman, a German, who was a kind of purveyor to foreigners in England, having bargained to defray the Embassador of Denmark's expences at a certain rate from Paris to London, made some unreasonable demand upon him on his arrival at the latter place, and that, says Finet," with much touch to his honour." The Embassador complained to the Lord Chamberlain, who acquainted the King, order was made for the Lord President of the Council, the Lord Chamberlain, and the Vice Chamberlain, to "hear and determine" the business. The cause was examined, and the following Record and Sentence was the consequence: "Henry, Earl of Manchester, President of the Privy Council of his Majesty of Great Britain; Philip, Earl of Montgomery, Great Chamberlain, and of the Council of State to his said Majesty, being Commissioners and Deputies for his said Majesty to hear the protestation which the Lord Rosenbranck, Embassador Extraordinary to his Majesty of Denmark, shall make against Philip Weiseman, for certain injuries and calumnies which he should speak and write against his person, in prejudice of the honour of the King his master, and of his own particular reputation; having by express commandment from his Majesty adjourned, and examined the foresaid Philip Weiseman, and having understood at the same time, by confrontation, some of the domestics of the said Lord Embassador, and others; as also examined his letter to the said Lord Ambassador: we find that the said Philip, without any rea |