appointed to reside. He
that is subject to the coercion of laws is necessarily dependent on
that power by whom those laws were made: but an embassador ought to be
independent of every power, except that by which he is sent; and of
consequence ought not to be subject to the mere municipal laws of that
nation, wherein he is to exercise his functions. If he grossly
offends, or makes an ill use of his character, he may be sent home and
accused before his master[e]; who is bound either to do justice upon
him, or avow himself the accomplice of his crimes[f]. But there is
great dispute among the writers on the laws of nations, whether this
exemption of embassadors extends to all crimes, as well natural as
positive; or whether it only extends to such as are _mala prohibita_,
as coining, and not to those that are _mala in se_, as murder[g]. Our
law seems to have formerly taken in the restriction, as well as the
general exemption. For it has been held, both by our common lawyers
and civilians[h], that an embassador is privileged by the law of
nature and nations; and yet, if he commits any offence against the law
of reason and nature, he shall lose his privilege[i]: and that
therefore, if an embassador conspires the death of the king in whose
land he is, he may be condemned and executed for treason; but if he
commits any other species of treason, it is otherwise, and he must be
sent to his own kingdom[k]. And these positions seem to be built upon
good appearance of reason. For since, as we have formerly shewn, all
municipal laws act in subordination to the primary law of nature, and,
where they annex a punishment to natural crimes, are only declaratory
of and auxiliary to that law; therefore to this natural, universal
rule of justice embassadors, as well as other men, are subject in all
countries; and of consequence it is reasonable that wherever they
transgress it, there they shall be liable to make atonement[l]. But,
however these principles might formerly obtain, the general practice
of Europe seems now to have adopted the sentiments of the learned
Grotius, that the security of embassadors is of more importance than
the punishment of a particular crime[m]. And therefore few, if any,
examples have happened within a century past, where an embassador has
been punished for any offence, however atrocious in it's nature.

[Footnote e: As was done with count Gyllenberg the Swedish minister to
Great Britain, _A.D._ 1716.]

[Footnote