Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.

A RELATION OF THE PROCEEDINGS AGAINST AMBASSADORS Who have miscarried themselves, &c.

IN humble obedience to your Grace's Command, I am emboldened to present my poor advice to this the greatest, and most impor∣tant cause that ever happened in this State, the Quiet of the Kingdom, the Honour of the Prince, the safety of the Spanish Ambassadors 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 de∣served 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 Sub∣ject, by the Laws of the Realm were high Treason, to breed a rupture be∣tween the Soveraignty and the Nobili∣ty, 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 sove∣rain Prince he is by the Law of Nations exempt from Regal tryal, all actions of one so qualified being made the Act of his Master, until he disavow: And in∣juries 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 onely, although they had been taken bearing Arms with the Ethrurian their Enemies: The Ambassadors of the Tar∣quines, Morte affligendos Romani non judi∣cârunt, & quanqnam visi sunt ut hostium

loco essent, justamen Gentium voluit. And where those of Syphax had plotted the murder of Masinissa, Non aliud mihi fa∣ctum quàm quod sceleris sui reprehensi essent, saith Appian: The Ambassadors of the Protestants at the Counsell of Trent, though divulging there the Doctrine of the Churches, contrary to a Decree there enacted, a crime equivalent to Treason, yet stood they protected from any punishment: So much doth public conveniency prevail against a particu∣lar 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: And the Civilians all consent, that Legis de Jure Gentium indictum est & 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 Popes Legate was restrained by Henry the Second, for exercising a power in his Realm, not admitted by the King, in disquiet of the State, and forced to swear not to act any thing in Praejudi∣cium Regis vel Regni. Hen. 3. did the like to one of the Popes Ambassadors; another flying the Realm secretly, fearing, timens pelli sui, as the Record saith. Edward 1. so restraining another until he had, as his Progenitors had, informed the Pope

of the fault of his Minister, and received satisfaction of the wrongs. In the year 1523. Lewis de Pratt: Ambassador for Charles 5. was commanded to his house, for accusing falsly Cardinal Wolsey to have practised a breach between Hen. 8. and his Master, to make up the Amity with the French King; Sir Michael Throgmorton by Charles the 9. of France, was so served, for being too busie with the Prince of Condy in his faction. Doctor Man in the year 1567. was taken from his own house in Madriil, and put un∣der 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 Ghus∣man de Silva their Ambassador, and to the Turk no less then in Spain. In the year 1568. Don Ghuernon d' Espes vvas ordered to keep his house in London, for sending scandalous Letters to the Duke d' Alva unsealed. The Bishop of Rosse in the year 1571. vvas first confined to his house, after to the Tower, then committed for a good space to the Bi∣shop of Ely his care, for medling with more business then belonged to the place of his imployment: The like was done to Dr. Alpin and Malvisett the French Ambassadors successively, for being bu∣sie in more then their Masters affairs. In the time of Philip the second of Spain,

the Venetian Ambassador in Madrill, protecting an offendor that fled into his house, and denying the Heads or Justices to enter his house, vvhere the Ambassador stood armed to vvithstand them, and one Bodavario a Venetian, whom they committed to Prison, for his unruly carriage, and they removed the Ambassador unto another house, until they had searched and found the Offendor: Then conducting back the Ambassador, set a guard upon his house, to stay the fury of the people enraged. The Ambassador complaining to the King, he remitted it to the Supreme Councel; they justified the proceeding, condemning Bodavario to lose his head, and other the Ambassadors servants to the Galleys, all vvhich the King turned to banishment, sending the whole pro∣cess to Inego de Mendoza his Ambassador at Venice, and declaring by a publick Ordinance unto that State, and all other Princes, that in case his Ambassadors should commit any offence, nnworthily, and disagreeing to their professions, they should not then enjoy the privilege of those Officers, referring them to be judged by them vvhere they then resided. Barnardino de Mendoza, for traducing falsly the Ministers of the State to fur∣ther his seditious Plots, vvas restrained first, and after commanded away in the year 1586. The last of Spanish Instru∣ments

that disquieted this State, a be∣nefit vve found many years after by their absence, and feel the vvant of it now by their reduction.

Having thus shortly touched upon such precedent examples, as have fallen in the vvay, 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 vvith the best of speed, some of the chief Secre∣tarries vvere sent to the Ambassador by vvay of advice, that they understanding a notice of this information amongst the common people, that they cannot but conceive a just fear of uncivil car∣riage towards his Lordship or his fol∣lowers, if any the least incitement should arise; and therefore for quiet of the State, and security of his person, they vvere bound in love to his Lord∣ship to restrain as vvell himself as fol∣lowers until a further course be taken by legal examination, vvhere this asper∣tion begun, the vvay they onely con∣ceived secure to prevent the danger; this fear in likelyhood vvill be the best motive to induce the Ambassador 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 con∣ference of some small number of the Commons, and so conclude of a Mes∣sage to be sent to the Ambassador to re∣quire from him the charge and proofs; the Persons to be sent, the two Speakers of the two Houses, vvith some conve∣nient company of either, to have their Maces and ensigns of Office born brfore them to the Ambassadors Gate, and then forborn, to shew fair respect to the Ambassadors, 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 vvere deputed from both Houses, the great Councel of the Kingdom, to the vvhich, by the fundamental Law of the State, the chief care of the Kings safety and public quiet is committed, they vvere no less the high Court of Justice, or Supersedeas to all others, for the examin∣ing 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 Catholicks immoderate using of late the Lenity of Soveraign Grace to the scandal and offence of too many, and this aspersion now newly reflecting upon the Prince and others, meeting vvth the former distaste (which all in publique conceive to make a plot to breed a rupture between the King and

State, by that party maliciously layd) hath so inflamed and sharpned the minds of most, that by the access of people to Term and Parliament, the City more filled then usual, and the time it selfe neer May day (a time by custom apted more to licentious liberty then any o∣ther) cannot but breed a just jealousie and fear of some disorder likely to en∣sue of this information, if it be not a∣forehand taken up by a fair legal tryal in that High Court: Neither want there fearful examples in this kind in the Ambassadors Genoa upon a far less ground in the time of Parliament, and is house demolished by such a seditious tumult: The Parliament therefore, as well to secure his Lordships person, fol∣lowers 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 thereupon provide in Justice and Honor, and that the reverence they bear unto the digni∣ty of his Master, may appear the more by the mannerly carriage of his Mes∣sage. The two that are never imployed but to the King alone, were at this time sent, and that if by negligence of this fair acceptance, there should hap∣pen 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 intel∣ligence, then there will be a plaine ground for the Parliament to proceed in Examination and Judgment; But if (as I believe) he will refuse it, then is he Author Scandali both by the Com∣mon 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 the sixth his time, then may the Parliament joyntly become Petitioners to his Majesty, first to con∣fine his Ambasiador to his house, re∣straining his departure, until his Ma∣jesty be acquainted with his offence, and aswell for security as for further practice to put a Guard upon the place, and to make a Proclamation that none of the Kings 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 Spaine, together with a Declaration un∣der the Seals of all the Nobility and Speaker of the Commons in their names as was 44 Hen. 3. to the Pope against his Legat, and 28 Edw. 1. Requiring such Justice to be done in this case, as by the Leagues of Amity, and Law of

Nations is usual, which if the King of Spain refuse, or delay, then it it Trans∣actio Criminis upon himself, and an ab∣solution of all Amity and friendly in∣telligence, and amounts to no less then 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.

Notes

• Titus Livius 2. doc.
• Livius.
• Acta Triden. Concil.
• August. de le∣gibus Antiq. Roman.
• Benedict. in vi∣ta Hen. 2.
• Record. in Scaccar. W••st. Claus. Edw. ••.
• Lewes in the Paper Chart. 1523: