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cause_n according_a justice_n law_n 1,616 5 4.3920 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A03724 The ambassador; Ambassadeur. English Hotman, Jean, seigneur de Villers-Saint-Paul, 1552-1636.; Shawe, James. 1603 (1603) STC 13848; ESTC S104251 45,449 156

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religious in the preseruation of a publike and priuiledged person or charitable to render good for euill as the Great Africanus did Of whom when it was demanded in the open Senate what should be done vnto the Ambassadors of Carthage are answered Nihil tale quod Carthaginienses Let vs not committe that fault which wee blame in them Therefore a wise Ambassador will not thrust himselfe into these perils Neuerthelesse if he haue a Commandement from his Maister to doe it as we spake before concerning deceipt and lies Shal he be admitted to excuse himselfe thereby to iudge of the iustnesse of his Maisters intentions and of the equitie of his commandements Is it for him to diue into the secrets or to control the pleasure of his Prince Heare a good man doth againe finde himselfe in great doubts what to doe for if an Ambassadour ought to set before his eyes the honour greatnesse profite and seruice of his Lorde and that by these practises ' some speciall seruice may be effected for him I seemeth that it is not lawful for him to refuse his commaundement This question me thinks may be resolued by the solution of such as are made by Philosophers Lawyers and Diuines concerning the obedience that the childe is bound to render to his father the seruant vnto his Maister the Subiect vnto his Prince and the Vassal to his liege Lord. For all are of accord that this obediēce extendeth not vnto that which is against God Nature and Reason But to lie deceiue betray to attempt the life of a Soueraine prince to make his subiects to reuolt from him to weaken and trouble his Estate especially in time of peace and vnder colour of amitie alliance is directly against the Commaundement of God against the Lawes of Nature and of Nations It is a violating of the publike faith without which humane societie and finally the frame of the world would be dissolued And the Ambassador which serueth his Maister in such an affaire committeth a double offence both for that he serueth him in the enterprise and execution of so ill an action and for that hee dooth not giue him better counsell which he is bound to doe by the dutie of his charge which charge comprehendeth the qualitie of a Counsellour of Estate for time of his Ambassage although he had not the honour to be accounted so before The History of France mentioneth that the Sieur de Flauij Gouernor of Compisque for King Charles the seauenth seeing that his Maister suffred himselfe to be abused by the Duke of Burgundy caused the Inhabitantes to enterpose themselues and by humble demonstrations refused to giue ouer the place vnto the Duke notwithstanding a second Commaundement from this King and inhonestly refusing that vnto his master which was preiudicial vnto him he discharged the duty of a faithfull seruant Surely it is a good seruice to deny ones Maister when hee commaundeth to his hurt as the one that would aske a sword to hil himself Non dare sed eripere telum irato pium est But let vs speake the truth the most part of the practises that are made vpon adioining estates take such beginning as the Ambassadors Agents themselues doe giue thereof vnto their Maister they themselues laving open the means thereunto and offering themselues voluntarily to put them in execution I haue obserued it tenne times in my life neither are they to complaine when they fall into this laborinth Thus much for the publike but what if the Ambassadour himselfe hath offered violence to any particular person I know not whether there be any thing determined or specified by the Lawes therein Yet if extremitie be vsed he cannot escape the rigor of the Lawes of the Countrie where hee committed the fault His master himselfe according to the rule aforegoeing should in like case be ordered by iustice For there is a difference to be made between the dignitie of a Prince and his Authoritie Within the dominions of another Soueraigne he retaineth but his dignitie And what honor soeuer is done vnto his Person yet there is no authoritie giuen him to make grauntes to pronounce decrees to establish Lawes to stampe monie of his owne coine and such like things which carry the marke of Souerainetie A neighbour King being fledde for refuge into France did or suffered to be done some violence to a Sergeant which went to doe an exploite in his lodging Had it not beene in respect of his dignitie and other reasons of Estate hee had possibly beene otherwise spoken withall then hee was The like and so much the stronger reason is for an Ambassadour who is but the Minister and subiect of his Prince But the safest and fittest course is before you require reason of him to demaund it of his Maister who in such a case will not denie it so soone as in a matter of estate Here falleth out place for a question which some men make to witte If by the Law of Nations an Ambassador hath iurisdiction ouer those of his house and familie For which I see no likelihood for the reason which I here giue That the authoritie of a Prince and all markes of souerainetie do cease in an others dominions But punishment by death is the Soueraine marke of Soueraintie and to come from the great to the lesser the Ambassador hath not more right than his Prince or other Soueraine An Ambassador I neuer name any that I may not wrong his reputation did runne a hazard in a neere Country One of his houshold seruants had forced his Daughter being of the age of fiue or sixe yeares he himselfe caused punishment to be done causing the seruant to be strangled In France the iust cause of giefe might possibly haue excused a man of qualitie for not hauing addressed himselfe to the ordinarie course of iustice according to the sence of the Law Iulia de adulterys in the behalfe of fathers and husbandes that found the adulterers in this act at least a pardon or a remission had yeelded reason for the same But these people made much worke about it saying that no man of what qualitie soeuer could exercise iustice but he to whom the Soueraine committeth it and they said true for no Prince Lord or gentleman exerciseth supreame iustice in that Countrie and the stood vppon it that processe ought to be made against the Ambassador for hauing dared to cause a man to be put to death of his owne priuate authoritie Neuerthelesse the foule offence committed by the seruant which was a frenchman and the considerations of estate but much more the authority of the prince did stoppe their mouthes The King of Denmarkes Ambassador vsed altogether an other course in England for he demaunded Iustice of the Queene for a Murder committed in his house by one of his owne seruants vppon an other of them She of fauour would not meddle therewith but permitted him to carry him backe into Denmarke to haue him there ordered by Iustice