nice whatfoever he expends is allowed him upon his accounts without any examination: the which no other of their publick Ministers of State have like privilege.

By the Laws of Venice there can be no extraordinary Ambaffador employed, unless they have been Ambaffadors formerly, and upon their return are ftrictly examined of their Comportment in their Legation, and are to disBodinus de Re- cover what Prefents they have received from the Prince pub. lib. 3. or State to whom they were fent, the concealment of which is of a very dangerous confequence.

Vita Auguftini
Barbadico

Nor may any of their Ambaffadors receive any Preferment from any other State during their Legation. The Jac. Aug. Thu- Patriarch of Aquileia dying, Hermolao Barbaro being there anus, l. 27. in Ambaffador for that Republick, the Pope conferred on him that Ecclefiaftical Dignity, and made him a Cardinal; which Duke of Ve- being known at Venice, notwithstanding he was a Person of great Merit, and had given notice to the Senate, rich, well allied, and had good Friends, they fent exprefs command that he should refign the Patriarchship, otherwife they would take from his Father the Procuratorship of St Mark, and confiscate all his Estate.

nice, Anno

1486.

lib. 7.

But if fuch Ambaffadors have received any Present, Gift, or Reward, from any Foreign Prince or Republick, Paulus Paruta and fuch Ministers of State are thought worthy of retainin Hift. Ven. ing the fame, fuch a Grace muft pafs by the Suffrage of the Senate, to oblige them more to the benevolence of the Republick, than to the bounty of any Foreign Prince. The confideration of which put the fame generous fcruple into the Breaft of Sir Amias Paulet, who returning from Francis Hotte- his Ambaffy in France, would not at his departure receive man, fol. 23, from the French King the Chain of Gold which is given of course, till he was half a League out of Paris. But more famous was the action of Sir Leoline Jenkins, the English Ambaffador at Nimeguen, who, though after the Treaty concluded, abfolutely refufed the French King's

24.

Prefent.

XX. By the Laws of Nations, in the Reception of Ambaffadors, those from a King are generally introduced by an Earl or Count, thofe from a Duke or Republick by a Baron; nor are they to be allowed that Honour but only at their first and laft Audience,

XXI. Pro

XXI. Prophane Hiftories are full of Wars becaufe of wrong done to Ambaffadors; and in the facred Story is extant the memory of the War which David upon that Ground waged against the Ammonites: nor doth Cicero efteem any Caufe more just against Mithridates; and at this day not only Lawyers*, but Divines † are all of the Grot. 1. 2. fame opinion, That a War cannot be more juftly com- c. 18. §. 11. menced than for the Violation done to their Publick † Montague's Minifters. Acts and Monuments,

CHAP.

XI.

Df the Right of delivering Perfons filed for

Protection.

I. Where Superiors may become culpable for the Crimes of their Subjects.

II. Offences by whom properly punished, whether by the injured State or they into whofe Territory the of fender is fled.

III. Whether Kingdoms and States ought to deliver up Fugitives, if required, or not.

IV. Where Perfons are fled, the places whither they come, ought to be Afylums.

V. How diftinguished, and when to be punished or delivered.

VI. Whether an innocent Man may be deferted and delivered up to the enraged Power that demands him.

I.

fol. 450.

Athers are not bound for the fault of their Children, Zeno internor Masters for those of their Servants; nor Prin- ceding for the Magnets to T. ces for the Actions of their Subjects, unless they become Quintus and partakers in the Crime; the which may be done in two the Legates refpects, by fufferance and receipt; therefore if Princes with him befhall fuffer or countenance their Subjects, by Pictures or with tears: ne fought them Libels, or otherwise, to abuse another Nation or Common unius amentiwealth, it is the fame as if they should authorize it. Bru- am civitati tus to Cicero, How can you make me guilty? Yes, well affignarent, enough, if it were in you to binder it; but receipt may periculo facere, admit of fome further fcrutiny.

fuo quemque

Liv. 1. 40.

II. Commonwealths being inftituted, it was agreed that Faults of Particulars, which do properly belong to their own Society, fhould be left to themselves and their Soveraigns, to be punished or connived at, as they judged moft fit.

Yet that Right is not fo abfolutely left to them, but Offences, which tend to the Deftruction of Society or Government, whereof Treafon is the chiefeft, may feem to be excepted; for if a Subject fhall commit an Act tending to the Subverfion of his Soveraign's Government, the fame is an Offence that's fubject to an univerfal punishment, i. e. it is to be punished every where; and the Governors into whofe Territory fuch fly, feem to have a Right Roll's Abridg of profecuting for the Offence: In Civil Actions, which ment, fol.530. tend to Commerce that fupports Society, the Subjects of Weyer's Cafe. foreign Nations having juftly contracted Debts in their own Country, may obtain Juftice in another; by a stronger Reafon it is thought, that Princes or Republicks that have received publick Injuries, have Right to require Punishment for the Indignity that is offered them, at least for that which tended to the Subverfion of their Government, and to have the Offenders delivered up.

dition; non decet bomines dedere caufa non cognita Plutarch in

For the III. The Question is Illuftrious, Opinions grounded on knowledge of the Caufe feveral great Precedents have been both ways produced: ought to pre. It hath been generally held, That thofe Kingdoms where cede the Red- the Offenders are fled, ought to do one of the two, either punish them according to their Deferts being called upon, or leave them to the Judgment of the offended State; others on the contrary; moft certain it is by the delivering up, is understood, to leave him to the legal Judgment of that his Romulus. Prince or State, whom he hath offended: And fuch was the Declaration of Ferdinand King of Spain, who had been Attainted by often requested by Henry the Seventh to deliver up Edmond A&t of Parlia- de la Pool Earl of Suffolk his Subject, then fled for ProtecCo. Inft. fol. tion to that Prince's Country, but was always refufed;

ment 12 H. 7.

180.

but being continually importuned by Promifes that he fhould not be put to Death, caufed the Earl to be deliver'd up to him, who kept him in Prifon, and conftruing his promife to be perfonal to himself, commanded his Son Henry after his Deceafe to execute him, who in the fifth Year of Pepin receiv his Reign in cold Blood performed the fame. But the ed, and would Malice of that politick Prince the Father, and the unconnot deliver up

Herbert's

Hift. H. 8.

troulable

troulable Will of the Son are Precedents but of fmall thofe that Force; the Example of which, not long after, gave the fled to him French King occafion to beware of trufting the latter with out of NeuAtria, opprest a Subject of his on the like occafion; for Cardinal Pool not by Tyranny. many Years after, coming Ambaffador from the Pope Fredegar in to the French King, they both being then in Amity, reb. Pep. An. 1188. and Henry the Eighth in League with the latter, but in Enmity with the firft, requested to have the Cardinal delivered up, but could not prevail, being doubly armed, as the Ambaffador of a Sovereign Prince, (for fuch is the Pope) and in the Territory of a foreign State.

his

The Ifraelites required of the Benjamites to deliver up the wicked Men; the Philistines, Sampfon. Cato gave Vote that Cafar fhould be delivered to the Germans, for fpoiling them without juft Caufe. Nor are nocent Perfons injured, if they are either delivered up, or punished; yet does it not thence follow that they must be thofe delivered up or punished: The Romans delivered up that had done Violence to the Carthaginian Ambaffadors; yet the Ambaffadors of the Abaffines having been traiteroufly murthered by one of the Templars at Jerufalem,

the Offender being demanded, that fo Juftice might be Tyrius, lib.zo. executed on him for the Act, the Grand Mafter anfwered, cap. 23. Anno That he had already enjoined him Penance, and had di- 1173. rected him to be sent to the Pope, but abfolutely refused to deliver him up.

are univerfal

IV. But then, and as in this laft, fo in all other, the * Yet out of Offender must have committed fome publick Offence, Churches beas Treafon; for moft certainly it extends not to private yond Seas for Injuries, because there is no Precedent that ever a War private Of was begun for fuch, though they may contribute much, fences, which but for those which tend to the Subverfion or Ruin of Sanctuaries, a Country, they often have been delivered up; Jugur- the Offenders tha of Bocchus in Salluft, So fhall thou at once free us from have been the fad necefity of profecuting thee for thy Error, and bim taken: In for bis Treafon. And by moft Writers it is agreed, Ferdinand that fuch Offenders muft either be delivered up or pu- Lord Chamnished, the Election is left to their Choice, into berlain was taken by whofe Territory they are fled; though fome have held, Force out of that in cafe of Protection or Sanctuary for fuch un- the Church

L 3

Lucitania,

fortunate and burnt, for

forcing a

fortunate Perfons, Princes do make their Countries Noble Virgin. Afylums †. +.

Mariana, lib.

It. Charles

Duke of Burgundy delivered up to Lewis the Eleventh, the Earl of St Paul, Conftable of France, who flying to fome of his own Cities, obtained Letters of SafeConduct 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 Cuftody, delivered him to the King of France,, who immediately after cut off his Head. Phil. Comines,

1. 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.

Sir Walter

Edit. 1736.

T. Quintus Flaminius fent Ambaffador to Prufias King of Bithynia, for the procuring the delivering up the brave but unfortunate Hannibal, who accordingly being seized on, I will now, fays he, deliver the Romans of that Fear Ralegh's Hift. which bath fo many Years poffeft them; that Fear which makes Vol.11.p.781. them impatient to attend the Death of an Old Man: This Victory of Flaminius over me, who am difarm'd and betray'd into his Hands, fhall never be numbered amongst the rest of his Heroical Deeds: No, it shall make it manifeft to all the Nations of the World, how far the antient Roman Virtue is degenerate and corrupted; for fuch was the Nobleness of their Forefathers, as when Pyrrhus invaded them in Italy, and was ready to give them Battle at their own Doors, they gave kim Knowledge of the Treafon intended against him by Poison; whereas thefe of a latter Race have employed Flaminius, a Man who bath berefore been one of their Confuls, to practise with Prufias, contrary to the Honour of a King, contrary to his Faith given, and contrary to the Laws of Hofpitality, to flaughter or deliver up his own Gueft. Then took a Draught of poyson, and dy'd.

Lib. 13.

V. Though Kingdoms and States are looked upon as places of Refuge; yet that must be understood for thofe that are perfecuted with caufelefs Hatred, not to fuch as have committed that which is injurious to human Society, or to other Men. Gilippus the Laconian in Diodorus Siculus, fpeaking of the Right of fuch miferable Fugitives, faith, They that introduced thefe Rights at first, meant the Unfortunate fhould expect Mercy, the Injurious PunishmentAfter-Thefe Men, if by the unjuft Defire of that which is another's, they have fallen into these Evils, must not accuse Fortune, nor impofe on themfelves the Name of Supplicants,

for