Oath as their firmament though that is not so for the most part of the efficacy of such Leagues rests in the promise it self to which for Religion sake the Oath is added Hence it is that Promises made to a Free-People are in their nature real because the subject is a permanent matter although the State or Republique be changed into a Monarchy yet the League remains for that the body i. e. the power is still the same though the Head be changed And the Person is incerted into the agreement not that the agreement may be personal but to shew with whom it is made for if it be incerted into the League that it shall be perpetual or that it is made for the good of the Kingdom or with the Person and his Successors or for a time limited the same does most apparently demonstrate the thing to be real However in all Leagues which tend to Peace though there may remain somewhat whereby words of ambiguity may arise yet the most pious way of interpreting hath been to account the same rather real then Personal for all Leagues made for Peace or Commerce admit of a favorable construction Leagues defensive have more of favour offensive of burthen XVIII Leagues made with Princes although they happen afterwards to be driven out of their Kingdoms by their Subjects yet the League remains firm and good for the Right of the Kingdom remains with such an unfortunate Prince notwithstanding he hath lost his Kingdom on the other hand Leagues made with the Invader cannot be good for his cause being unjust is odious but if the people will make him King de facto and investe him the question is then out of all controversy for then he is become a King regnant and by the Laws of England if treason by committed against his Person and after he is beaten out and the King de Jure comes to his Crown the King de Jure may punish those Traytours with death The Earl of Warwick having raised an Army in France and Flanders invaded England and within five or six daies after his landing King Edwards Forces betraying him the Earl became Master of the Realm the King flying for protection to his Kinsman the Duke of Burgundy he kindly in his misfortunes entertained him yet while he was in this banished estate the Duke of Burgundy renewed the League with the English it being agreed that notwithstanding King Edwards misfortune the League remained firm and unviolable between the Duke Charles of Burgundy and the King and Realm of England So that for Edward they should name Henry who was newly taken out of the Tower by the Earl of Warwick at his chacing out of King Edward now the true reason that Leagues remain and are firm notwithstanding such a change is because there goes along with them a tacite condition viz. of holding their possessions and therefore the World wondred not that His late Sacred Majesty having sworn a League with the King of Spain expresly as he was King of Portugal did notwithstanding receive two Embassadors from the then new King of Portugal and that without being judged either in England or Spain to have broken his former Oath and League The Duke of Guise having formed the League against Henry the Third which was that in regard the King was so cold in the Profession of the Romish Faith that it was in danger to be extinguisht by the increase which he permitted of the Reformed Religion especially seeing Henry the Fourth then King of Navar was of that Religion and was to succeed to the Crown wherefore by the Mediation of Philip the Second of Spain the Pope qualified the Duke of Guise Head of that Catholique League and which in point of Government was to set him above the King avowed him Protector of the Catholique Faith in the Kingdom of France When Henry the Fourth succeeded the Crown then this League for security of Religion was most violent and the Spaniard without hoped by nourishing thus the division within to carry all for himself at last To avoid which gin and to answer all the King chang'd his Religion and negotiated by d'Ossat to be received by the Pope as a dutyful Son of the Church of Rome demanding absolution for what was past and making large promisses of due obedience for the time to come the King of Spains interest was that he should not be received and thereupon he endeavoured to perswade the Pope that King Henry did but dissemble with him and that under this disguise he would easiest ruine the Romish Religion notwithstanding this the Cardinal obtained his Reception Absolution and Benidiction through the many promises and presents which he made to His Holyness whereupon the Spaniards designes were in a moment all blown over from France but fell heavily upon the United Provinces which were sorely opprest for that they apprehended the loss and ruine of their Countrey and thereupon they implored assistance from King Henry who received their Ambassadours very gratiously and gave them assurance of relief The King of Spain who wanted no good intelligence in the Court of France immediately remonstrates to the Pope that his former inclinations concerning Henry's dissimulations did now appear in the face of all the World and that seeing His Holyness had been so credulous he knew not now whether they should be able to save the Catholique Faith from being subjected to the Reformed Religion or no for whereas the Hollanders had revolted from him only because he resolved to use the true means for the establishment of the Romish Faith among them and that now he was in a fair way of reducing them which conduced so much by his Holiness his opinion to the establishment of the Romish Faith Henry had taken their party against him in that work and that at Paris he had received their Ambassadors to that purpose although he knew they were his lawful Subjects c. This startled the Pope not a little who charged d'Ossat for having betrayed him and put the Church in danger this argument was as subtil on the Spaniards side as changing Religion was on King Henry's and therefore the Cardinal was not a little perplext how to answer it to the advantage of his Master as also coherently to the considerations of his former reception into the Church But at last he replyed That His Holyness needed not wonder how in reason of State those different Religions might joyn together for political ends without hazard of altering Religion Thus David sought protection of the Philistians and Abraham redeemed the sinful Sodomites That he took it to be upon the same ground that His Holyness himself not long before received a Persian Ambassador who was so far from being an Heretick that he never pretended to the Name of Christian that it was a plausible argument which the King of Spain used in complaining of Henry's receiving and avowing their Ambassador especially knowing
dissembled or connived at or else the Ambassadour be commanded to depart the Realm and if the crime be cruel and publiquely mischievious the Ambassadors may be sent with Letters of Request to his Master to inflict punishment according to the offence So likewise in the precaution of a great mischief especially publique if there be no other remedy Ambassadors may be apprehended and executed and if they oppose by force of Arms they may be slain In the Bishop of Rosses Case An. 13 Eliz. the question was An Legatus qui rebellionem contra Principem ad quem Legatus concitat Legati Privilegiis gaudeat non ut hostis poenis subjaceat and it was resolved that he had lost the Priviledge of an Ambassador and was subject to punishment nor can Ambassadors be defended by the Law of Nations when they commit any thing against the State or Person of the Prince with whom they reside And why Ambassadors are in safety in their Enemies Countries and are to be spared when they commit offences is not so much for their own or Masters sake but because without them there will never be an end of hostility nor Peace after Wars neither is the Name or Person of an Ambassador so inviolable either in Peace or in time of War but there may be both a convenient time and a good occasion to punish them and this standing with the Laws of Nations VII The Signiory of Venice understanding that certain Traytors who had revealed their Secrets to the Turk were fled for protection into the House of the French Ambassador at Venice sent Officers to search the Ambassador's House but the Ambassador refusing them enterance the Senate commanded certain Cannon to be brought out of the Arsenal to beat down his House which when he saw planted he surrendred up the Traytors 1 The Ambassadors of Tarquins Morte affligendos Romani non judicarunt quanquam visi sunt ut hostium loco essent jus tamen Gentium voluit 2 The State of Rome though in case of most capital crimes exempted the Tribunes of the People from question during the Year of Office 3 The Ambassadors of the Protestants at the Councel of Trent though divulging there the Doctrine of the Church contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment It is generally consented by all the Civilians That Legis de jure Gentium indictum est eorum corpora salva sint propter necessitatem Legationis ac ne confundant jura commercii inter Principes 4 Viva the Popes Legates was restrained by Henry the Second for exercising a Power within his Realm not allowed or admitted of by the King in disquiet of the State and forced to swear not to act any thing in praejudicium Regis vel Regni 5 On the other hand it has been answered that they are by the Laws of Nations exempted from Regal Tryal all actions of one so quallified being made the act of his Master or those whom he represents until he or they disadvow and injuries of one Absolute Prince or State to another is factum hostilitatis and not Treason the immunity of whom Civilians collect as they do the rest of their grounds from the practise of the Roman State deducing their Arguments these examples The Fabii Ambassadors from Rome were turn'd safe from the Chades with demand of Justice against them only although they had been taken bearing Arms with the Ethurian their Enemies Titus Liv. 2. Dec. 6 King Edward the Second of England sent amongst others a French Gentleman Ambassador into France the King upon this arraigned him as a Traytor for serving the King of England as Ambassador who was his Enemy but the Queen procured his pardon 7 Henry the Third did the like to one of the Popes Ambassadors his Colleague flying the Realm secretly fearing timens pelli sui as the Records has it Edward the First restrained another of the Popes turbulent Embassadors untill he had as his progenitors had informed the Pope of the fault of his Minister and received satisfaction for the wrongs 8 Henry the Eighth commanded a French Ambassador to depart presently out of the Realm but because he was the professed enemy of the Seat of Rome 9 Lewis de Prat Ambassador for Charles the Fifth was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Henry the Eighth and his Master to make up the amity with the French King 1523. 10 Sir Michael Throgmorton by Charles the Nineth of France was so served for being too busie with the Prince of Condy his faction 11 The Popes Ambassador at Paris was arraigned for practising certain Treasons in France against the King in the Parliament of Paris and was there found guilty and ccommitted to Prison 12 Doctor Man in the Year 1567 was taken from his house at Madrit in Spain and put under a Guard to a straighter Lodging for breeding a scandal as the Condo Teri said in using by Warrant of his place the Religion of his Countrey although he alledged the like permitted to Guzman de Silva their Ambassador in England and to the Turke no less then in Spain 13 Francis the First King of France sent Caesar Trâ—…gosus and Anthony Rincone Ambassadors to the Turk they were surprised by the Armies of Charles the Fifth on the River Poe in Italy and were put to death the French King complained that they were wrongfully murdered but the Emperor justified their death for that the one being a Genois and the other a Milanois and his Subjects feared not to serve the King his Enemy 14 Henry the Eighth being in League with the French and at enmity with the Pope who was in League with the French King and who had sent Cardinal Poole to the French King of whom King Henry demanded the Cardinal being his Subject and attainted of Treason sed non praevaluit 15 Samuel Pelagii a Subject to the King of Morocco pretended that he was an Ambassador sent unto the States General of the United Provinces he came to them and accordingly they did treat with him afterwards he departed and being upon the Sea he did take and spoil a Spanish Ship and then came into England the Spanish Ambassador here having received intelligence of the spoliation caused his Person to be seized upon intending to proceed against him as against a Pyrat and imprisoned him and upon conference with the Lord Coke Dordridge and other Judges and Civilians they declared their opinions That this Caption of the Spaniards Goods by the Morocco Ambassador the same is not in Judgement of Law a Pyracy in regard it being apparent that the King of Spain and the King of Morocco are enemies and the same was done in open Hostility and therefore in Judgement of Law could not be called Spoliatio sed legalis Captio and a Case out of 2 R. 3. fo 2.
Peace for himself a part being angry with Edw. the 4th for making the same Philip. Com. lib. 4. c 40. So Lewis the 11th concluded a Truce for nine Years with Edw. the 4th when he had invaded France Phil. Com. lib. 4. cap. 8. * For the Right remains with him how ever he hath lost the possession Grot. de Jure Belli ac Pacis lib. 2. ch 16. §. 18. 2 H. 5. cap. 6. 20 H. 6. cap. 11. †And at the the Lords of Request of and Commons was pardoned he making satisfaction for the losse 11 H. 4. ad Parliament tent quenden Hill vide Cotton Abridgement 19 E. 4. 6. B. 18 H. 6. ca 4. 20 H. 6. cap. 1. 19 E. 4. 6. B. Maxime Rott Scotiae de An. 10 E. 3. m. 36. intus de puniendo illos qui contra formam Treugae hominibus de Scotiae concessâ—… deliquerint Much practised by the Free Princes and States of the Empire †An. 1674 Consul Quintus ad Achaeos quod optimum esse di cant non interâ—…erponi vos bello imo nihil tam alienam rebus vestris est Quippe sine gratia ne lignitate praemiuâ—… 〈◊〉 eritis Lucius lib. 35 Scripta Ammirat disc polit l. 18. disc polit Pompon Leg. si quis D. de Lecationibus Livy lib. 1. 6. Kings conquer ed in a solemn War and deprived of their Kingdom with other Royalties loose the right Legation P. Aemilius detain'd the Heralds of Perseus whom he conquered †P. Poole a Traitor fled to Rome the Pope sent him Ambassador to the French King of whom the King of England demands his Subject sed non praevaluit Co. Inst. 3. fo 153. Rot. Pat. 3. R. 2. num 18. * Legatus ejus vice fungitur a quo destinatur honorandus est sicut ille cujus vicem gerit Legatos violare contra jus Gentium est â—…2 Assize pl. 49. Note this was 3 years before the making of the Stat. of 25 E. 3. quaere if such a Prorex is within the Stat at this day Cambden 157â—… quaestionum ibi pro posticarum quarta Daniels Hist. of Henry the Second Carolus quintus Imp. Galliae Venetorum Florentinorum ad bellum sibi indicendum missos dâ—…duci jussit in locum qui a comitatu sno abesset triginta millarum aria Guic. l. 18. Bellaius lib. 3. †Card. Arnold Ossat in his 353 Epistle Coke 4. Iust. 153. Menander Protector Justino Imper. Avarorum Legatos contra jus Legationum in vinculis habuit Cothmannum Resp. 32. num 29. Co. Inst. 4. 153. 2. H. 5. Cap. 6. 20 H 6 Cap. 11. * Quanquam visi sunt commisisse ut Hostium loco essent jure tamen Gentium valuit †Fit reus magis ex equo bonoque quam ex jure Gentium Bomilicari comes ei qui Romam fide publ venerat An Enemy is boundtowhom they are sent 〈◊〉 their Priâ—…ge oblidâ—… 〈◊〉 those 〈◊〉 whose 〈◊〉 thâ—… 〈◊〉 without leave For if they go to or come from their Enemies or make aâ—…y hostile attempâ—… they may be slain Livy lib. 26. Grotius de jure Bâ—…li â—…c Pacis lib 〈◊〉 Cap. 18 §. 4. nâ—… 4 5. Senatus faciem secuâ—… attulerat auctoritatem Reip M. Tullius 8. * Co. Inst. 4. f. 152. Sic Carolus quintus Legato Ducis Mediolanensis ut subditi sui imperavit ne a Comitatu suo abâ—…cederet Guicciardi indicat jam loc Hill 13 Eliz. Bishop of Rosses Case Co. 4. Inst. 15â—… August de Leg. Antiq. Rom. Acta Trideâ—… Concilii Pompon Leg. ult D. de Lâ—… patis Benedict in Vita Henr. 2. 〈◊〉 Colloquium Machiav lib. 2. cap. 28. Rott Scaccar Westm. Claus. Edw. primi Bulstr. 3. part fo 28. cited in Marshe's Case Sir Henry Woot on fo 211. stat Cris. Vide Sir Robert Cottens posthum and the Proposit. to K. James The opinion of the Lord Coke 4. Inst. 153 c. Hobart f. 71. * Distingui ferme ac in re solent crimine Vide â—…utam l. 10. ubi Rex Galliae hans ab causam â—…ratus â—…acatur Vide euadem lib. 11. †Grot. de jure Belli ac Pacis l. 18. §. 4 5 6 7. Rex facisne metu regium nuntium populi Romani Quiritum vasa comitesque meos yet an Ejectment hath been brought and left at the house of the Ambassador and it was allowed good and conceived no breachof their priviledge in the case of Monsieur Coâ—…bert for York House Mich. 28 Car. 2. in Banc. Reg. †Grot. de jure Belli ac Pacis lib. 2. cap. 18. * Co. Inst. 4. 153. Certain it is that none dareth presume to meddle either with their Persons Goods or Servants without leave had the contempt of which has been punish'd with imprisonment Barkseate in memor Grotii †Bodinus de Repub. l. 3. * Jac. Aug. 〈◊〉 l. 27. â—…ta Auguâ—… Barbadico 〈◊〉 of Vec 〈◊〉 1 86. Paulus Parâ—…ta in Hist. Venice lib. 7. Zeno interceeding for the Magnets to T. Quintus and the Legates with him besought them with tears ne unius amentiam civitati assignarent suo quemque periculo facere Livy lib. 40. For the knowledge of the cause ought to proceed the dedition non decet homines dedere causa non cognita Plutarch in his Romulus Attainted by Act of Parliament 12 H. 7 Co. Inst. f. 180. 5 H. 8. vide Lord Herberts Hist. of Henry the Eighth Pipin receiv'd and would not deliver up those that fled to him out of Newstria opprest by Tyranny Frededegar in reb Pep an 1188. * Yet out of Churches beyond Seas for private offences which are universal Sanctuaries the offenders have been taken out in Lusitania Ferdinand Lord Chamberlain was taken by force out of the Church and burnt for forcing a Noble Virgin Mariana lib. 11. Charles Duke of Burgundy delivered up to Lewis the 11th the Earl of St. Paul Constable of France who flying to some of his own Cities obtained Letters of Safe-Conduct to come and commune with the Duke in order to the making his peace with the King but the Duke after he had him in custody delivered him to the King of France who immediately after cut off his head Phil. Comines lib. 4. c. 12. †Ludovicus Pius the Emperor received those that fled to him from the Roman Church as appears by his Decree anno 817. and Luther himself did not want Princes to protect him from the fury of St. Peter's Chair Vide his Colloquiums printed in London an 1663. Livy vide Sir Walter Raleigh lib. 5. cap. 6. 〈◊〉 2. 34 Elizabethae Cambden f. 35. Vide Cambd. anno 1585. An. 1660. That politik Princes gave the Scots a more equitable answer when they demanded Bothwell she answered that she would either render him up or send him out of England Cambden annh 1593. Hist. Rep. Ven. in Vita Tebastiano Cynei Duke of Venice An. 1164. Phil. Comines lib. 1. cap. 1. Idem de finibus 3 Vir bonus sapiens Legibus parens
yet as in reference to the Maritime Dominion Henry 8th did embellish his Navy Royal therewith and Queen Elizabeth stamped it upon those Dollars which she designed for the East India Trade signifying her Power of shutting up the Seas if she thought fit as by a Port-cullis with the Navy Royal this Dominion of the British Seas did Authenticate the Proclamation of King James ordaining the Flemish at London and Edinborough to take licence to Fish this justified the like Proclamation by the late Royal Martyr King Charles and warranted by the Earl of Northumberland in his Naval Expedition That Prescription is valid against the claims of Soveraign Princes cannot be deny'd by any who regard the Holy Scripture reason the practise and tranquillity of the World and that true it is the modern Dutch have pretended if not dared to challenge the Freedom to Fish in the British Seas by Prescription but it is likewise as true that Prescription depends not upon the Corporeal but the Civil possession and that is retained if claim be but made so often as to barr the Prescription the which hath been alwaies made evident first by frequent Medals next by punishing those that refused it as Rebels by guarding it of it and lastly by giving Laws time out of mind on it which evidently proves that the Civil possession is not relinquished our Kings constantly claiming the Dominion of the same none else pretending all Nations acknowledging it to be in them and the same never questioned till those modern Dutch of yesterday arose XIV The importance of the Dominion of the Sea unto this Nation is very great for alone on that depends our Security our Wealth our Glory from hence it is that England hath a Right to all those advantages and emoluments which the Venetian Republique draws from the Adriatique Sea where the Ships of the Grand Seignior of the Emperor King of Spain and Pope pay Customs to maintain those Fleets which give Laws to them within the Gulfe 't is hereby that the English can shut up or open these Seas for Ships or Fleets to pass or repass them whereto Queen Elizabeth had so special a regard that when the King of Denmark and the Hansiatique Towns sollicited her Majesty to permit them free passage they transporting Corn into Spain she refused them and when a Protestant Fleet of Hamburgers and others had presumed to do so notwithstanding her prohibition she caused her Navy Royal to seize take burn and spoil them when they were passed her Maritime Territory within sight of Lisbon yielding this reason for her justification that they not only relieved her Enemy with provisions but had presumptuously made use of her Seas without obtaining her Royal Permission for so doing 't is from hence that the Crown of England can justly demand an account of any Ship or Ships occurring in those Seas what 's their Business and what their intentions are and prohibite any Prince or Reipublique to enter there with potent Fleets without praeacquainting his Majesty and obtaining his Royal Permission without which Dominion and Soveraignty England can never live secure on shore it being easy for any Forreign Fleets to amuse us with specious pretenses and in their passage to invade and surprise us Thus whilst the Turk pretended to sail for Malta he occasionally possessed himself of Canea in the Isle of Candia many such presidents do occur in History And in fear of such surprizal the Athenians being Lords at Sea did exclude the Persian Monarchs from sending any Ships of War into any part of the Aegean Sea Rhodian Carpathian and Lydian Seas and that which tends to the West towards Athens the like caution was used by the Romans against Antiochus and the Carthaginians and the Turk prohibits all Nations saving his Vassals to enter the Black Sea or Pontus Euxinus and also the Red Sea and that 't is by virtue and force of this right that the British Nation can drive on their own Commerce navigate themselves and permit others securely to trade with them 't is true that the Dutch have presumed some years since to violate the security of the British Seas by the attacking the Allies of England not only within the British Seas but in her Harbours attempting to pursue a French Vessel up almost to London and have more then once attacqued the Spanish Fleets in her Ports under the protection of her Castles and that against the Laws of Nations and the Peace of Ports in which for the time they seemed to cloud the Honour of the Nation but satisfaction for indignities of that nature though slow yet are sure and should such as those have been longer tollerated Beloved Britannia must become a prostitute by a Confederation of those States or take Pass-ports for her Commerce But the Royal Martyrs goodness was no longer to be trod on his Heart and his Cause were good and though those unhappy times which were crooked to whatsoever seem'd straight did hinder the accomplshiments of his entire intention for satisfaction yet those whom the just God of Heaven was pleased for a time to permit as a punishment to this Nation to rule did not want in the fulfilling for so soon as he was pleased to stay the fury of the Intestine Sword their hearts took fire from that flame that had formerly been kindled in that Royal Brest and having prepared a Fleet in order to the treating as Souldiers with Swords in their hands they were in the like manner assaulted in their Territories in the Downes but the Dutch found then what it was though two for one to assault a British Lyon at the mouth of his Den intending if possible to have destroyed the English Power but were frustrated in their design being severely beaten home to their own dooâ—…â—…d afterwards those that then had got the English â—…d in their hands begun to consider that the Victâ—…y â—…ust be pursued as a season fit to assert their Antienâ—…â—…ight and Soveraignty of the Sea and then those people thinking that the odds before was not enough to destroy the Briâ—… Fleet they equipt out a Fleet greater and far more numerous then the English under the Admirals Van Trump De Witt the two Evertsons and Ruyter but they suffered the same fate as their former about some 34 of their Ships on the Coast of Flanders burnt and taken and the rest chased home to their Ports and not long after followed the total defeat of their Naval forces accompanied with the death of Van Trump by the English under the Admirals Blake and Monk who had sunk and fired about 30 more of their Ships of War no quarter being given till the end of the Bataill six Captains and about a thousand Men were taken prisoners and about six thousand slain of their Presomptions since amongst other things in denying the duty of the Flagg and of what punishment and check they have had for
faith given and contrary to the Laws of Hospitality to slaughter or deliver up his own guest V. What ever the opinion of those Writers have been the practise of latter Ages have seemed to incline otherwise Queen Elizabeth demanded Morgan and others of her Subjects fled into France that had committed Treason against her the answer of the French King was Si quid in Gallia machinarentur Regem ex jure in illos animadversurum sin in Anglia quid machinati fuerint Regem non posse de eisdem cognoscere ex jure agere omnia Regna profugis esse libera Regum interesse ut sui quisque Regni libertates tueatur imo Elizabetham non ita pridem in suum Regnum Mountgumerium Principem Condaeum alios e Gente Gallica admisisse c. and they were never delivered up but the like was not returned by the King of Scotland for he promised that he would transmit Fernihurst and the Chancellor too if they were convicted by a fair Tryal the Cry of the late ROYAL MARTYR's Blood justly procured some of those Regicides to be delivered up by them of Holland VI. Most certain it is if War be threatned to a Nation or People if they deliver not up the offender though perhaps he is innocent and that such is the malice of his enemies that they know they will put him to death yet he may be deserted especialy if that Nation or Kingdom is inferior to the others but then the same ought not to be done rashly The Italian Foot that forsook the unfortunate Pompey before all was lost being assured of Quarter from the Victorious Caesar were condemned by most that reported the Story of that day Pope Alexander in that mortal Feude becween him and the Emperor Frederik who favoured Octavian the Antipope fled disguised to Venice the Duke and Senate being jealous that the Emperor would demand him sent an Ambassy to the Emperor to endeavour a Mediation and Peace which was no sooner offered but the Emperor break forth into a rage bidding them go home saying Tell your Prince and People that Frederik the Roman Emperor demands his Enemy who is come to them for succour whom if they send not presently bound hand and foot with a sure Guard he will proclaim them Enemies to him and the whole Empire and that there is neitheir Alliance or Law of Nations which shall be able to free them from revenge for such an injury to prosecute which he is resolved to overturn all Divine and Human Laws that he will suddenly bring his forces before their City and contrary to their expectation plant his Victorious Eagles on the Market-place of St. Marke This Message being faithfully delivered the Senate decreed Arms Arms and while they were preparing news was brought that Otho the Emperor's Son and General of the Caesarian Fleet was entered the Gulph with 7 5Gallyes the most valiant and religious Tebastiano Cyani resolved to meet him and having encountred them on the Coast of Istria defeated Otho and all his Naval forces taking 48 Gallyes Otho their Admiral and the rest either burnt or distroyed he returned in Triumph for Venice and not long after Frederik became converted that Heaven fights the Batailles for the Innocent and on his knees begg'd pardon of the Pope Lewis the 11th of France required by Ambassadors of Phillip Duke of Burgundy the delivery up of Sr. Oliver de la Marche who being a Burgundian had wrot as was conceiv'd somewhat against the claim of the French to several Territories upon a publique audience at Lisle they were answered by Duke Phillip That Oliver was Steward of his House a Burgundian by birth and in no respect Subject to the Crown of France notwithstanding if it could be proved that he had said or done any thing against the Kings Honour he would see him punished according as his faults should deserve But admitting that such an Innocent Person ought not to be delivered up whether he is bound to yield himself by some it is conceiv'd he ought not because the nature of Civil Societies which every one hath entered into for his own benefit doth not require it from which it follows that such Persons are not bound to that by right properly so called it doth not follow but in charity he seems bound to do it for there be many offices not of proper Justice but of love which are not only performed with praises but also cannot be omitted without blame and such indeed is the act of such a Persons voluntary yielding up himself preferring the lives of an Innocent multitude before his own Cicero for P. Sextus If this had happened to me sailing with my Friends in some Ship that Pyrats surrounding us should threaten to sinck us except they would deliver me I would rather have cast my self into the Sea to preserve the rest then to bring my Friends either to certain death or into great danger of their life The Request of the Noble Strafford is fresh in our memories VII But whether such an Innocent Person may be compelled to do that which perhaps he is bound to do may be a question Rich Men are bound by the precept of Mercy to give alms to the poor yet cannot be compelled to give It is one thing when the parts are compared among themselves another when Superiors are compared to their Subjects for an equal cannot compell his equal but unto that which is due by right strickly taken yet may a Superior compell his Inferior to things which vertue commands in a famine to bring out provisions they have stored up to yield him to death that deserts his Colours or turns coward to mulct those that wear excessive apparel And the like Phocion pointing to his dear Friend Nicocles said Things were come to that extreamity that if Alexander should demand him he should think he were to be delivered up It hath seem'd that such an Innocent Person might be deserted and compelled to do that which Charity requires but the late ROYAL MARTYR seem'd of another opinion when he came to dye in the case of the British Proto-martyr Strafford VIII Persons that have wrong'd or defrauded Kings of their Revenue especially in England upon Letters of Request to those Princes whether they have fled have been delivered up Some Florentine Merchants of the Society of the Striscobaldi being made Collectors and Receivers of the Kings Customs and Rents in England Wales Ireland and Gascoigne running away with those Moneys together with all their Estates and Goods for Rome the King sent his Letters of Request to the Pope desiring that they might be arrested their Persons and Goods and sent over to satisfy him the dammages he and his Subjects had sustained by them promising not to proceed against them to the loss of their limbs and lives Upon which Letters the Pope seized on their Goods and not long after the King Writ for
Carthaginians and again rendred upon request the Hollanders in the heat of the War between the Sweden and Polland never suffer'd themselves to be interdicted with either Nation the same State when they had War with Spain they intercepted the French Ships passing to or for Spain but restor'd them And Pompey in the History of the Mitridatie War set a Guard on the Bosphorus to observe if any Merchant sailed in thither whosoever did and was taken was surely put to death so Demetrius when he possessed Attica with his Army having blockt up Athens hang'd up both the Master and Commander of a Ship who attempted to bring in Corn the Hollanders having blockt up Dunkirk some English Merchants Ships did attempt to enter but were deny'd by the Hollanders Most certain if a Neuter Nation hath had notice of the War and caution given them as is usual not to supply the Enemy with counterband Goods as they call them if such be the case the prize is become absolute the Captors So Queen Elizabeth did when she seized on the 60 Sail of the Hansiatique Towns who were carrying of Goods ropas contrabanda to the Spaniard her Enemy she condemned them and made them absolute prize for as neuters are not compellable by the rigour of War to give any thing against their will so must they not against the will of each Party afford such things as may dammage one another for Persons or Nations having had notice of the War which is done and caution given sometimes by Proclamation or some other publick Edict signifying the right of their cause shall afterwards gather to and assist the Enemy whether associates neuters or Subjects the same yeilds a right so far as to them not only to the charge and dammage that may fall thereby by making them prize but may make them obnoxious to punishment For it is the duty of those that abstain from War to do nothing for the strengthning of him who maintains a bad cause whereby the motions of him that wageth a just War may be retarded and where the cause is doubtful they ought to shew themselves equall to both permitting passage Baking Dressing and affording provision for each Army or Navy L. Aemilius Praetor accused the Tejans for victualling the Enemy's Navy promising them Wine adding that unless they would do the like for the Navy of the Romans he would account them as Enemies but common experience hath taught Nations and Kingdoms when they declare a Neutrality to make provision by way of League with both the Nations at War that when it should happen the Armies of both or any draw towards their Territories it might be lawful for them to exhibite the Common offices of humanity to both The Venetians having so far prevail'd against the Turk in the Island of Candia that they held the City of Canea straightly besieg'd by Sea and Land whereby they had reduc'd it to great extremities it happened at that time to ride about 7 stout Merchant Men in the Port at Smirna the General of the Venetians being jealous of their joyning with the Turkish Armado desired to know their minds who answer'd they would prove neuter in the dispute but afterwards though at first the Captains all refused upon the threatning of the Grand-Seignior to lay an Embargoe on all the Goods of the English Nation in his Dominion and to make slaves of their Persons those Captains were forced to joyn with the Turkish Forces who beat the Venetians from before Canea and so reliev'd it the Venetians Embassador complain'd to the then Powers in England but could have no relief being answer'd that those Ships in the Turks power were Subject to it CHAP. II. Of Letters of Marque and Reprizal I. Of Reprizals generally considered and for what II. That Reprizals are unlawful by the Laws of Nature and the Romans III. That the same by the Laws of Nations are now become lawful IV. The advantage that accrues by the same V. The causes that requires the same VI. Of the things necessarily requisite for the observing them VII Reprizals ordinary and extraordinary according to the Laws of England VIII Of the Interest of Princes of granting them and Letters of Request IX The difference of injustice offer'd to Subjects and Forraigners when and where the one is concluded and not the other X. What is meant by denying of right and doing of injustice and where Reprizals take rooting and where not XI Of Reprizals awarded in cases ordinary XII Of Reprizals issuing forth in cases extraordinary XIII Of Letters of Request precedent allotting a time certain for satisfaction XIV Domicil not origination subject to Reprize XV. Reprizal not granted if the spoil was occasioned by War XVI Of Persons exempt from Reprizal by the Laws of Nations Canon and Civil Law XVII Where Ships or Goods are subject to Reprize and where not XVIII When right deny'd whether life is engag'd and whether Persons refusing to yeild may be slain XIX Goods taken by Reprize where the Property is altered and where otherwise XX. Where many Ships are present and one becomes Captor whether the spoil must be divided or remain his that became Master XXI Of the Captors duties afâ—…ter a Prize taken and its exemption from Custom XXII Restitution when to be made after the debt satisfy'd XXIII Contribution whether it can be by the Laws of England to him whose Goods are taken by Reprize XXIV Commissions awarded for the enquiring of depredations under which the Parties may probaably obtain recompence I. REprizals known to us by the word of Represalie or Leters of Marque in Law have other appellations as Pignoratio Clarigatio and Androlepsia c. In imitation of that Androlepsia among the Greeks to seize the three next Citizens of that Place whether the murderer had fled and was always given to him who required revenge of the offender the word Reprisals is from the French reprendre and reprise i. e. resumptio that is to re-take or take again one thing for another like our Saxon Withernam Though the Art is now become lawful by the Law indeed the consent of Nations yet it must have its Standard mark for the same cannot be done by any private authority but only by the power of that Prince or Republique whose Subject the injur'd Person is nor is the same grantable by authority but where the Party injur'd has Justice deny'd him or the same illegally delay'd II. By the Law of Nature no Man is bound for anothers Act but only the successor of his Estate for that Goods and Estate should pass with their Burdens was introduc'd together with the Dominion of things hence it is that the Son cannot be molested for the debt of his Father neither the Wife for the debt of the Husband nor the Husband for the debt of the Wife the same being against natural equity that one should be troubled for the debt of another So it is
precaution whether the same may be given to such not to come and attempting against such interdiction how dealt with and of punishment of those that shall hurt them by the Laws of England IV. Of the several causes that Princes or Reipubliques may reject such publique Ministers of State V. Where Ambassadors may be subjected to punishment by the Laws of Nations VI. Of the proceeding against them by Princes States at this day according to the practise of Nations VII Of the various proceedings against them by several Princes and Reipubliques illustrated in 15 Presidents of examples VIII Of the proceeding against them according to the pactise in England IX Ambassadors where they forfeit their Priviledge by the Laws of England X. Where actions committed by them though against the known Laws yet oblidges them not to a forfeiture of their Priviledge XI Of the duty of Ambassadors in cases Civil and what their Office includes for the King and Nation whom they represent XII Whether the House of an Ambassador can be a Sanctuary or whether he may exercise a Royal Jurisdiction over his Servants and Vassals whether the same proceeds from the Laws of Nations XIII Whether the Goods of an Ambassador may be seized for debt or other Contracts XIV Whether outrages committed by publique Ministers of State can subject them to punishment XV. Of the punishment of those that commit any outrage on them XVI Some observation of the immunities and Government by the Laws of Venice of their Ambassadors AN Ambassador and Agent is the same thing if we consider only the Function of their Charges only in this they differ an Agent hath charge to represent the Affairs only but an Ambassadors ought represent the Greatness of his Master and of his Affairs II. The right of Ambassadors is secured both by the Safeguard of Men and also by the protection of the Law Divine therefore to violate this is not only unjust but impious too and as Protection is given to the Legates of Supream Rulers by the Laws of Nations so by the Civil Law there is a protection likewise for Provincial Legates and Heraulds c. This Right of Legation was originally provided saith Livy for a Forreigner not a Citizen yet in Civil Wars necessity sometimes makes place for this right besides the Rule as when the People are so divided into equal parts that it is doubtful on which side the right of Empire lyeth as that unhappy spot of Flanders or when the right being much controverted two contend for the succession to the Throne for in this case one Nation is reckoned as two and so was the State of England when the House of York and Lancaster contended for the Crown nay this right of Legation hath been preserved that the very Messengers of Rebels have been protected as were those of Holland by Phillip of Spain So great a respect have Nations had in all times to such Men that even Pyrats and Robbers who make not a Society nor have any Protection by the Law of Nations and with whom neither Faith nor Oath as some conceive may be kept Faith being given them obtain the right of Legation as once the Fugitives in the Perynean Forest. III. Ambassadors may by a precaution be warned not to come if they dare they shall be taken for Enemies but once admitted even with Enemies in Arms much less with Enemies not in actual hostility have the protection and Safe-guard of the Laws of Nations and therefore their Quallity being admitted by Safe-conduct they are to be preserved as Princes and so it was declared in Parliament where the killing of John Imperial Ambassador from the States of Genoa was High-treason Crimen laesae Majestatis So likewise of A. de Walton the Kings Ambassador Nuncium Domini Regis missum ad mandatum Regis exequendum who was murdered by one John Hill for which offence it was adjudged High-treason and accordingly he was drawn hang'd and beheaded IV. On the other hand Ambassadors may not alwaies be received though alwaies they ought not to be rejected for there may be cause from him from whom they come as the Roman Senate would not admit of the Ambassage of the Carthaginian whose Army was then in Italy the King of Spain those of Holland and the then Pope the Ambassadors of Henry the 2d after the murder of Becket Arch. Bishop of Canterbury so likewise from the very Persons that are sent as Theodorus Athest whom Lisimachus would not give Audience to and Mr. Oliver Lewis the 11th's Barber whom they of Caunt refused So likewise where the cause of sending is suspected as in reference to disturbe the People or intentions rather to sow sedition then to conclude a Peace if such be their errand or not honourable or unseasonable as for those assiduous Legations which are now in use they may with very good right be rejected for the no-necessity of them appears by the Antient Custom whereto they are unknown The Venetian having admitted Henry the Fourth of France his Ambassador yet they interdicted him to come with the other Ambassadors to the Chappel till the King was reconciled to the Church of Rome V. By the Laws of Nations only unjust force is kept from the Bodies of Ambassadors for if the Laws of Nations be broken by him he is subject to punishment Yet the opinion of Nations and Men Eminent for Wisedom have been doubtful in this point and Presidents on both sides have been avouched one which seems to refute that position of punishing such Ministers of State the Ambassadors of Tarquin who had committed treason at Rome and as Livy observes were in the State of Enemies yet the Right of Nations as he calls it prevailed so far as to preserve them although in a case of hostility On the other hand Salust observes that Bomilicar one of the Carthaginian Ambassadors who came to Rome on the Publique Faith was adjudged guilty rather saith he by the Rules of Equity then by the Laws of Nations Equity that is the meer Law of Nature suffers punishment to be exacted where there is found a delinquent but the Laws of Nations except the Persons of Ambassadors for certainly their security out-weighs the profit arising from punishment which may be inflicted by him that hath sent him if he be willing if unwilling it may be exacted of him as an approver of the crime VI. Again as Ambassadors are not to render a reason of 〈◊〉 actions to any other but him by whom they are sent â—…nd it is impossible but by the reason of various Interests and other secrets of State which pass through their hands somewhat may be said which bears a show or face of crime which perhaps may prove otherwise yet the examining and tracing of the truth may be of a dangerous consequence and therefore if the offence be such as may be contemned it is usually to be
was vouched where a Spanish Mere chant before the King and his Councel in Camera Scaccarii brought a Bill against divers English-Men there in setting forth quod depradatus spoliatus fuit upon the Sea juxta partes Britanniae per quendam Virum bellicosum de Britannia de quadam Navi and of divers Merchandizes therein which were brought into England and came into the hands of divers English-Men naming them and so had process against them who came in and pleaded that in regard this depradation was done by a Stranger and not by the Subjects of the King and therefore they ought not to be punished in regard that the Stat. of 31 H. 6. Cap. 4. gives restitution by the Chancellor in Cancellaria sibi vocato uno Judice de uno Banco vel altero and by the Stat. of 27 Ed. 3. Ca. 13. that the restitution may be made in such a case upon proof made by the Chancellor himself without any Judge and upon that case it was resolved Quod quisquis extraneus c. who brings his Bill upon this Stat. to have restitution debet probari quod tempore captionis fuit de amicitia Domini Regis and also quod ipse qui eum coeperit spoliavit fuit etiam sub obedientia Regis vel de amicitia Domini Regis sive Principis quaerentis tempore spoliationis non inimicus Domini Regis sive Principis quaerentis quia si fuerit inimicus sic coeperit bona tunc non fuit spoliatio nec depradatio sed legalis captio pro ut quilibet inimicus capit super unum alterum the Judgement of which case was held to be Law and thereupon the Judges delivered their opinions that the Morocco Ambassador could not be proceeded against as a Pyrat 16 In the time of Philippe the Second of Spain the Venetian Ambassador in Madrid protecting one Bodovario a Venetian an offender that fled into his house and denying the Corigidor or Justices to enter his house where the Ambassador stood armed to withstand them upon complaint made the Ambassador was removed unto another house until they had searched and found the offendor then conducting back the Ambassador with all due respect a Guard was set upon his house to stay the fury of the enraged People the Ambassador complaining to the King he remitted it to the Supream Councel they justified the proceedings condemning Bodavario to loose his head and other the Ambassadors Servants to the all which the King turned to Banishment and to satisfy the most Serene Republique sent the whole process to Inego d' Mendoza his Ambassador at Venice and declaring by a publique Ordinance unto that State and all other Princes That in case his Ambassador should commit any offence unworthily and disagreeing to their qualities and professions of Ambassadors they should not enjoy the Priviledge of those Officers but would refer them to be judged by the Laws of that Prince or States where they then resided and where they had injured it was a great and a noble Saying 17 In the Year 1568 Don Guhernon d'Espes was ordered to keep his house in London for sending scandalous Letters to the Duke de Alica unsealed and in 1586 Don Bernardino de Mendoza was restrained first and after commanded away 8 The manner of proceeding against them has been conceived necessary to be that some of the Chief Secretaries of State were sent to the Ambassadors and by way of advice that understanding that the Common People having received notice of c. And that they cannot but conceive a just fear of uncivil carriage towards their Excellencies or their followers if any the least incitement should arise and therefore for quiet of the State and securing of their Persons they were bound in love and respect to their Excellencies to restrain as well themselves as followers untill a further course be taken by legal examination where the aspersion began the same being in their opinions the best and the only way to prevent the danger c. Sometimes if the Parliament be sitting the King acquaints the Lords and then departing who having had conference with the Commons conclude of a Message to be sent to the Ambassadors either by requiring an account of the matter or confining of them the Persons to be sent the two Speakers of both Houses with some convenient number of either having their Maces or Ensigns of Offices born before them to the Ambassadors Gates and then forborn and then requested speech with them let them know that a relation being made that day in open Parliament of c. they were deputed from both Houses the Great Councel of the Kingdom to the which by the fundamental Laws of this Nation the Chief care of the Kings safety and the Publique Peace and quiet of the Realm is committed and that they were no less the High-Court of Justice or Supersedeas to all others for the examining and punishing all attempts of so High a nature as c. if it carry truth and having executed their Commission concluded that the Houses to show that reverence which they bear unto the dignity of his Master by their Message they two that never are imployed but to the King alone were at that time sent c. and if the Houses shall upon reâ—…n of their Speakers conceive their answer if it be a matter that requires it are such as may justly deserve thâ—… being confined they then make an address to his 〈◊〉 to confine them to their Houses restraining their â—…ure untill the Prince or State whom they repreâ—… 〈◊〉 â—…cquainted with their offence And so it was 〈◊〉 â—…n 44 H. 3. to the Popes Legates in England and 28 E. 1. XI If a Foraign Ambassadors being a Prorex commits here any crime which is contra jus Gentium as Treason Felony Adultery or any other crime which is against the Law of Nations he looseth the Priviledge and dignity of an Ambassador as unworthy of so high a Place and may be punished here as any other private alien and not to be remanded to his Soveraign but of courtesy X. But if any thing be malum prohibitum by any Act of Parliament private Law or Custom of this Realm which is not malum in se jure Gentium nor contra jus Gentium an Ambassador residing here shall not be bound by any of them but otherwise it is of the Subjects of either Kingdom for if a French Merchant or Spanish Merchant trades or imports any prohibited Goods he must at his peril observe the Laws of England and so it was adjudged Pasc. 33 Eliz. in the Exchequer Tomlinson qui tam versus Henry de Vale â—…l upon the Stat. of 19 H. 7. Ca. 21. but if an Ambassador imports any prohibited Goods econtra In Causes Civil XI The Office of an Ambassador does not include a procreation private but publique for the King his Master nor for any several Subject otherwise then as
it concerns the King and his publique Ministers to protect them and procure their protection in forreign Kingdoms in the nature of an Office and Negotiation of State therefore their Quality is to Mediate and prosecute for them or any one of them at the Councel Table which is as it were a Court of State but when they come to settled Courts which does and must observe essential formes of proceedings scil processus legitimos they must be governed by them And therefore in the Case of Don Diego Serviento de Acuna Ambassador Leger for the King of Spain who libelled in the Admiral Court as Procurator General for all his Masters Subjects against one Jolliff and Tucker and Sir Richard Bingley for two Ships and their lading of divers kinds of the Goods of the Subjects of the King of Spain generally and not naming of them adduct ad Port de Munster in the Preface of the Libel generally against them all and then proceeds and charges them severally thus That Jolliff and Tucker Captain Pyrate in alto Mare bellico dictas Naves aggressi sunt per vim violentiam took them and that they were adductae in partes Hiberniae and that they came to the hands of Sir Richard Bingley and he converted them to his own use not saying where and refuseth to render them being required it was there held that a Prohibition should go for the matter is tryable meerly at the Common Law and that such a Procuration was not good Don Alonso de Valesce Ambassador from the Catholique King attached Tobaccoes at Land here which one Corvero a Subject to the King of Spain brought hither and the Ambassador by his Libel supposed to belong to his Master as Goods confiscated as all others his Goods were Sir John Watts the Plaintiff in the suggestion pray'd a Prohibition which was granted accordingly for the property of Goods here at Land must be tryed by the Common Law however the property be guided and it was likewise rul'd that if any Subject of a Forreign Prince bring Goods into this Kingdom though they were confiscate before the property shall not be questioned but at the Common Law Don Alfonso vers Corvero Mich. 9 Jac. Hob. 212. Hill 9 Jac. upon the like Libell by Don Pedro Surega Ambassador for Spain XII Whether an Ambassador hath Jurisdiction over his own Family and whether his House be a Sanctuary for all that fly into it depends upon the concession of him with whom he resides for this belongs not to the Law of Nations †and it hath been seen that an Ambassador hath inflicted punishment on his own Servants and Vassals as the Muscovite did here in England but for Fugitives that fly into their Houses nay their own Servants if they have greatly offended cannot be drawn forth by force without a demand and refusal which then done it is then become as an offence in them XIII Most certain by the Civil Law the movable Goods of an Ambassador which are accounted an accession to his Person cannot be seized on neither as a pledge nor for payment of a debt nor by Order or Execution of Judgement no nor by the King or States leave where he resides as some conceiue for all coaction ought to be far from an Ambassador as well that which toucheth his necessaries as his Person that he may have full security if therefore he hath contracted any debt he is to be called upon kindly and if he refuses then Letters of Request are to go to his Master so that at last that course may be taken with him as with Debtors in another Territory to some this may seem hard yet Kings who cannot be compelled want not creditors but the Lord Coke seems to be of another opinion for as to Contracts and Debts that be good Jure Gentium he must answer here XIV If an Ambassador commits any private outrage against one of the Princes Subjects with whom he resides unless it be to defend the Dignity of his Charge or of his Master it has been conceived by some not to be justifiable before the Prince with whom he resides for say they there is a great difference between the Dignity and Authority of the Prince in the Countrey of another Soveraign for say they he may well retain his Dignity but not his Authority usually injuries of that nature being done they have admitted debates at a Councel of State where the Soveraign with whom the Minister of Stare hath resided being satisfied that reparation ought to be made to the party injured he hath been ordered or at least requested to comply with the same XV. But on the other hand if any private outrage be committed by the Subjects of that Prince with whom he resides upon his Person the offenders may be subjected to punishment and the Queen of Sweden having made the Incomparable Grotius after he had escaped by Providence out of Prison by a greater from his Country-Men her Ambassador for that Crown with Lewis the 13 th with whom he resided at Paris coming one day from St. Germans the Secretary of Ceremonies being in the Coach with him it chanced that in one place as they passed a great number of People were in the way seeing of an execution his Postillion and Coach-man driving boldly through the company the Archers then attending the execution with short pieces concerned somewhat angerly that the execution was disturbed made after the Coach shot his Postillion and Coach-man and through the Coach even through his hat the matter coming to be examined the King ordered 3 or 4 of them to be hang'd but that Good Man first pardoned them himself and then obtained the King's XVI The Republique of Venice imployeth generally more Ambassadors abroad then any other State and they are as other Princes be Ordinary and Extraordinary the Commission of the Ordinary continueth for 3 years but he which resides at Constantinople is not call'd Ambassador but Bailio residing there perpetually and that Republique allowes him a greater provision to support his Grandeur then to any other and by the Laws of Venice whatsoever he expends is allowed him upon his accounts without any examination the which no other of their publique Ministers of State have like priviledge By the Laws of Venice there can be no Extraordinary Ambassador imploy'd unless they have been Ambassadors formerly and upon their return are strickly examined of their comportment in their Legation and are to discover what Presents they have received from the Prince or State to whom they are sent the concealment of which is of a dangerous consequence Nor may any of their Ambassadors receive any preferment from any other State during their Legation The Patriarch of Aquilia dyed and Hermolao Barbaio being there Ambassador for that Republique the Pope conferred on him that Ecclesiastical Dignity and made him a Cardinal which being known at Venice notwithstanding he was a Person of great desert
would protect them still in the Immunities and Condition she found them Hereupon their Navigation and Traffique was suspended a while which proved very advantageous to the English for they tryed what they could do themselves herein their adventures and returns proving successful they took the whole Trade into their own hands and so divided themselves to Stapters and Merchant-adventurers the one residing constant at one place the other keeping their course and adventuring to other Towns and States abroad with Cloth and other Manufactures This so nettled the Hans that they devised all the wayes that a discontented people could to draw upon our new Staplers or Adventurers the ill opinion of othhr Nations and States but that proving but of too small a force to stop the Current of so strong a Trade as they had got footing into they resorted to some other whereupon they applyed themselves to the Emperour as being a Body incorporated to the Empire and upon complaint obtained Ambassadors to the Queen to mediate the. business but they returned still re infecta Hereupon the Queen caused a Proclamation to be published That the Merchants of the Hans should be intreated and used as all other Strangers within her Dominions in point of Commerce without any mark of distinction This enflamed the more thereupon they bent their Forces more eagerly and in an Imperial Dyet at Ratsbone they procured that the English Merchants who had associated themselves in Corporations both in Embden and other places should be adjudged Monopolists whereupon there was a Comitial Edict procured against them that they should be exterminated and banished out of all parts of the Empire which was done by Suderman a great Civilian There was there at that time for the Queen as nimble a man as Suderman and he had the Chancellor of Embden to second him yet they could not stop the Edict whereby our new erected Society of Adventurers were pronounced a Monopoly Yet Gilpin played his Cards so well that he prevailed the Imperial Ban should not be published till after the Dyet and that in the interim his Imperial Majesty should send an Ambassador to England to advertise the Queen of such proceedings against her Merchants But this made so little impression on the Queen that the â—…an grew rather rediculous than formidable for the Town of Embden harboured our Merchants notwithstanding and afterwards the Town of Stode but the Hansatiques pursuing their revenge and they being not so able to protect them against the Imperial Ban removed and setled themselves in Hamburgh This Politique Princess in recompence of their revenge commanded another Proclamation to be published That the Hansatique Merchants should be allowed to Trade into England upon the same Conditions as they formerly did Provided the English Merchants might have the same Priviledges to reside and Trade peaceably in Stode or Hamburgh or any where else within the Precincts of the Hans This so incensed and nettled them That all endeavours were made to cut off Stode and Hamburgh from being Members of the Hans or of the Empire But the Design was suspended till they saw the Success of 88 King Philip having promised to do them some good Offices in the Concern But the Queen finding that the Hans were not contented with that Equality she had offered to make betwixt them and her own Subjects but were using such extraordinary means put forth another Proclamation That they should transport neither Corn Victuals Arms Timber Masts Cables Metals or any other Materials or Men to Spain or Portugal And not long after the Queen growing more redoubled and Famous by the Overthrow of King Philip's Invincible Armada as the Pope christned it the Hans began to despair of doing any good especially they having about some 60 Sayl of their Ships taken about the River Lisbon by her Majesties Frigats that were laden with Ropas de contrabanda She notwithstanding had thoughts of discharging this Fleet by endeavouring a reconcilement of the differences but she having intelligence of an Extraordinary Assembly at Lubeck which had purposely met to consult of means to be revenged of her she thereupon made absolute prize of those 60 Sayl onely two were freed to carry home the sad Tydings of their Brethrens misfortune Hereupon the Pole sent a ranting Embassador in the behalf of the Hans who spake the Injuries done to the Hans in a high tone But the Queen her self suddainly answered him in a higher with a satisfaction no greater than what she had done to others of the like quality before This fortunate Clashing for the 19. per Cent. on the Customes has proved ever since advantageous for England our Merchants have ever since beaten a peaceful and an uninterrupted Trade into High and Low Germany and by their constant Trade in those Parts have found a way thorough the White Sea to Arch-Angel and Mosco The return of all which hath since vastly encreased the Riches and Strength of this Nation V. After the Jewes became Tributary to Rome which was acquir'd by Pompey Threescore years before the Birth of our Saviour certain Officers or Commissioners were appointed by the Romans in all those places where their Victorious Standards had claymed a Conquest who used to appoint such Officers or Commissioners to Collect and gather up such Custome-money or Tribute as was exacted by the Senate Those that gathered up these Publique payments were termed Publicani Publicanes and by reason of their Cruel and Oppressive Exaction they became hateful in all Nations Every Province had his several Society or Company of Publicans Every Society his distinct Governour in which respect it is that Zaccheus is called by the Evangelists Princeps Publicanorum the chief Receiver of the Tribute or chief Publican And all the Provincial Governours in these several Societies had one chief Master or Superintendant residing at Rome unto whom the other subordinate Governours gave up their Accounts These Publicans were hated of all the Roman Provinces but especially of the Jewes because though it was chiefly maintained by the Galileans yet it was generally inclined unto by the Jewes That Tribute ought not to be paid by them This Hatred is confirmed by the Rabinical Proverb Take not a Wife out of that Family wherein there is a Publican for such are all Publicans Yea a Faithful Publican was so rare at Rome it self that one Sabinus for his honest managing of that Office in an Honourable remembrance thereof had certain Images with this Inscription 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Faithful Publican No marvel that in Holy Writ Publicans and Sinners go hand in hand But now the World has been so long used to them that in all or most Nations the particular Princes or States chuse out the most Sagest and Prudent'st men for that Imployment And certainly the Customes of this Realm never did return to that great and clear Account as they have done under the Care and Prudent management of the present Commissioners
him on the face and gave him a push on the back and after this he was Registred for a Freeman This being performed the Servant having his head shaven purposely at that time received a Cap as a Token of Liberty Tertullian observes That at this time of their Manumission the Servants received from their Masters a white Garment a Gold Ring and a new Name added to their former By the Laws of England every Subject Born within the Kings Dominions is a Freeman of this Realm as appears by the Grand Charter Cap. 14. yea though he be a Bond-Slave to a Subject But a Stranger Born is no Free-man till the King have made him a Denizon in whose Power alone without the help of any other one may be made Free To be a Freeman of the Realm the place of Birth is held more considerable than the Quality of the Person Yet by the opinion of Hussey Chief Justice in 1 R. 3. fo 4. And in Calvins Case of the Post Nati it is held for Law That if Ambassadors of this Realm have Children Born in France or else where the Father and Mother being Natural Born Subjects the Children are Free of the Realm of England But if either the Father or the Mother of such Children were an Alien then are not those Children Free But the Law is conceived to be otherwise at this day The Statute de Natis ultra mare 25 E. 3. Cap. declares the Issue Born of an English-man upon an English-woman shall be a Denizon for upon the Construction of this Statute it has been adjudged more than once That if an English-man marry a Foreiner and has Issue by her Born beyond Seas the Issue is a Natural Born Subject IX Disfranchising by the Romans called Capitis diminutio was Three fold Maxima Media Minima the least degree was when the Censors pulled a Man from a higher Tribe down to a lower and less Honourable or when by any Censure they disabled a man from suffraging or giving his Voice in the publick Assemblies such as were thus in the last manner punished were termed Aerarii and in aerarios veluti quia omnia alia jura Civium Romanorum preterquam tributi aeris conferendi amiserunt Gellius relates That P. Scipio Nascica and M. Pompilius being Censors taking a view of the Roman Knights observed one of them to be mounted on a lean starvling Horse himself being exceeding fat whereupon they demanded the Reason why his Horse was so lean himself being so fat his Answer was Quoniam ego inquit me curro statius mens servus By the Ancient Laws of England and by the Great Charter no Freeman shall be taken or Imprisoned but by the Lawful Judgment of his Peers that is by Jury Peers for Peers ordinary Juries for others who are their Peers or by the Law of the Land which is always understood by due process of the Law and not the Law of the Land generally for otherwise that would comprehend Bond-men whom we call Villains who are excluded by the word Liber for such Bond-men might be Imprisoned at the pleasure of his Lord but a Free-man neither could nor can without a just Cause nor does the Priviledge extend to private Actions or Suits between Subject and Subject but even between the Sovereign and the Subject Hence it is that if a Peer of the Realm be Arraigned at the Suit of the King for a Murder he shall be tryed by his Peers that is by the Nobles But if he be appealed of Murder upon the prosecution of a Subject his Tryal shall be by an ordinary Jury of 12 Free-holders and as the Grand Charter did and does protect the Persons of Free-men so likewise their Free-hold For by the same Charter it is declared That the King or His Ministers shall out no man of his Free-hold without reasonable Judgment and so it was rul'd upon a Petition in Parliament setting forth that a Writ under the Privy Seal went to the Guardian of the Great Seal to cause Lands to be seized into the Kings Hands and that thereupon a Writ issued forth to the Escheater to seize against the form of the Great Charter upon debate of which the Party had Judgment to be restored the greatest and most Explanatory Act which succeeded in point of Confirmation was that of Edward the 3d. the words are That no Man of what Estate or Condition soever he be shall be put out of the Lands and Tenements nor taken or imprisoned nor dis-inherited nor put to death without he be brought to answer by due process of the Law that is by the Common Law 2. Diminutio media was an Exilement out of the City without the loss of ones Freedom the words of the Judgment or Sentence were Tibi aquae igni interdico 3. Diminutio maxima was the loss both of the City and the Freedom and by his Judgment or Sentence was obliged and limited to one peculiar Countrey all other places in general being forbidden him There was a Fourth kind of Banishment Disfranchising called relegatio which was the Exilement only for a season as that of Ovid's The Laws of England in this matter have some resemblance with those of the Romans for Bracton observes 4 Distinctions 1. Specialis hoc est interdictio talis Provinciae Civitatis Burgi aut Villae 2. Generalis Interdictio totius Regni aliquando est 3. Temporaria pro duobus tribus quatuor aut pluribus annis aut c. 4. Perpetua pro termino vitae exilium est aliquando ex arbitrio principis sicut in exiliando Duces Hertfordiae Norfolciae per Regem Richardum Secundum aliquando per Judicium Terrae ut fit in Casu Piers de Gaviston etiam in Casu Hugonis de le Spencer Junioris qui ambo fuerunt exilit ' per Judicium in Parliamento So likewise was that of the Banishment of the Earl of Clarendon who dyed beyond the Seas X. Abjuration was also a Legal Exile by the Judgment of the Common Law as also by the Statute Law and in the Statute of Westm the second Cap. 35. He which Ravishes a Ward and cannot render the Ward unmarried or the value of his Marriage must abjure the Realm and this is a General Exile And by the Statute made 31 Ed. 1. Butchers are to be abjured the Town if they offend the Fourth time in selling measled Flesh and this is a Special Banishment A man Exil'd does forfeit these things 1. Hee looseth thereby the Freedom and Liberty of the Nation out of which he is Exiled 2. He forfeits his freedom in the Burrough or City where he was free for he which forfeits the Freedom of the whole Realm forfeits his Freedom in every part 3. The Law accounts him as one dead for his Heir may enter and so may his Wife enter into her own Lands and may sue
Sometimes a General Truce holds the place of a Peace as that of a hundred years Such Truces are commonly made betwixt Princes that are equal in Power and will not quit any thing of their Rights by Peace and yet desire to live quietly in the State wherein they are satisfying by this medium the Point of Honour IV. Treaties of Truce are many times less subject to Rupture then a Peace which is made perpetual for Princes or States that find themselves aggrieved with a Treaty that is perpetual seek out plausible reasons to forsake it seeing the grievance cannot be otherwise repaired but if the time be limited and expired they may pursue that which they think ought to be granted and the other may oppose and if they have a desire to continue the Truce there is nothing so easy as to renew it Hence it is become a Maxim in State that seeing Treaties are grounded on the Interests of Princes which change with the time it is necessary to change and settle them at the end of the time or to break them off for it is in vain to trust to a bare Friendship A Truce is likewise made to advance a Peace and to treat it so likewise it is sometimes promoted for the more honest discharge of a League which is made with some other Prince whom they have accustomed to comprehend therein so as a Peace following it or a Truce not being accepted by him they take accasion to leave the League it being not his fault that leaves it that the War was not ended And although it seems that a Truce cannot by its condition prejudice the pretention in the Principal yet it is most certain that if he which is chased out of a contentious State consents that during the Truce the Commerce shall be forbidden to his Subjects he doth wholly stop the gate as Lewis the 12th did in the Truce which he made with Gonsalve after the Conquest of the Realm of Naples In England by the Stat. 2 H. 5. cap. 6. Robbery spoiling breaking of Truces and Safe-Conducts by any of the Kings Liege People and Subjects within England Ireland and Wales or upon the main Sea was adjudged and determined to be High-treason but this branch concerning High-treason is repealed by the Stat. of 20 H. 6. cap. 11. but by the said Act of 2 H. 5. for the better observation of Truces and Safe-Conducts Conservator Induciarum salvorum Regis conductum was raised and appointed in every Port of the Sea by Letters Patents his Office was to enquire of all offences done against the Kings Truces and Safe-Conducts upon the main Sea out of the Counties and out of the liberties of Cinque Ports as Admirals of Custom were used to do Sir John Trebiel was committed to the Tower for taking a French Ship and being brought into Parliament did there justify the same but at last confessed his fault and begged the Kings Pardon generally all Leagues and Safe-Conducts are or ought to be of Record that is they ought to be Inrolled in the Chancery to the end the Subject may know who are in Amity with the King and who not who be Enemies and can have no Action here and who in League and may have Actions personal here Sometimes they have been inrolled in the Wardrobe as being matters of State Note In all Treaties the power of the one party and the other ought to be equal nor are they to be held firm till ratified Before the Statute when any breach of Truces or Leagues happened or was occasioned by the misdemeanours of any of the King of Englands Subjects there did usually issue forth Commissions under the Great Seal of England to enquire of the fringers of the same and to punish and award satisfaction to the injured VI. Princes who neither love nor hate any thing absolutely seem generally inclined to neutrality and in that govern themselves in their Friendships according to their interests and Reasons of State in effect is no other but Reason of Interest Neutrality may be of two sorts the one with Alliance with either part the other without Alliance or so much as the least tie to the one or other which is that which properly may be called Neutrality The first is governed by the Treaty of Neutrality the latter by the Discretion of the Neuter Prince whose carriage ought alwaies to be such as that he may not give the least glimpse of inclining more to one then to another VII The advantages of Neutrality are that the neuter Prince or Republique is honoured and respected of both Parties and by the fear of his declaring against one of them he remains Arbitrator of others Master of himself And as a Neuter neither purchases Friends nor frees himself from Enemies so commonly he proves a prey to the Victor hence it is held more advantage to hazard in a Conquest with a Companion then to remain in a State wherein he is in all probability of being ruined by the one or the other But Princes that are powerful have used generally to preserve a Neutrality for whilst Petty Princes and States ruin themselves by War he fortifies himself with means and in the end may make himself Judge of their differences On the other hand it hath been conceived that Reipubliques that are weak what part soever they take it will be dangerous unto them especially if they are in the midst of two more powerful States then themselves but experience hath made it appear to the contrary that Neutrality is more beneficial to a weak Prince or Reipublique so that they that are at War be not barbarous or inhumane for although a Neutrality does not please either party yet in effect wrongs no Man and as he doth not serve so he does not hurt besides his declaration is reserved till the issue of the War by which means he is not oblidged that by siding with eiher party to gain or loose by the War VIII But if the Neuter be prest by necessity to declare himself he must do it for the most powerful of the two parties following that Roman Maxime That either they must make themselves the strongest or be a friend to the strongest So they of Strasburgh declared for the Empire against the French on the other hand if the Neuter sees that joyning to the weaker will ballance the power of the stronger and by this counterpoize reduce them to reason the same hath been generally followed upon the Maxime That the safety of States consist chiefly in an equal counterpoize of the one and the other for as the greatness and oppulancy of a Prince draws after it the ruin of their Neighbours it is wisdom to prevent it CHAP. X. Of the immunities and Priviledges of Ambassadors and other publique Ministers of State I. Of the Function of Ambassadors and Agents generally II. Of their right and protection by the Laws Divine and of Nations III. Of