fter, and to withdraw themselves from the Jurifdiction of their Sovereign, in his Prefence, and even in his own. Court. All thefe Reafons and Reflections were fuggefted to him, to the End he might the more effectually folicite the Duke to engage him to quit his Houfe, and that he might without any Restriction make ufe of the Expedi ent his Majefty had offered the Duke for his Security. To this fecond Application the Embaffador answered, that all the Inftances he had made to the Duke were unavailable and fruitless, and that all he could bring him to was this, most humbly to befeech his Majefty to vouchsafe to permit him to retire for fome Days into a Convent, which would remove the Scandal arifing from his keeping in the Houfe of a foreign Mi nifter, and give him Time to fet his Innocence in a clear Light. All this did not yet fuffice to determine his Majesty to make use of his Power, without taking the most ma ture Advice for his thorough Satisfaction; and he refolved to confult his Royal Council, laying before them all the Circumstances of the Cafe, to the End that with Knowledge of the Caufe, the Council might confider attentively whether, without infringing the Jus Gentium, and the Privileges therein reciprocally confidered and comprehended as belonging to Reprefentative Mi nifters, the King might ufe Force, and take the Duke of Ripperda out of the Houfe of the Embalador of England. The Royal Council of Caftile was duly convened and fully affembled for this Purpose, and having examined this Affair to the Bottom, by feriously attending to all its Circumstances; the Council gave the King their Opinion, That the Duke's Crime was in its Kind one of the greatest of thofe of High Treafon that ever can be committed; that there were few fuch Crimes equal to it in its Circumftances; that there was Reafon to fear its Confequences might render it yet more enormous; that it could not be doubted that in Crimes of High Treafon not only the Houfes of Embaffadors, but even Churches themselves cannot ferve for Refuge to the Criminals; that to affert the contrary, would be to maintain, that what the Law of Nations has introduced for their better Government and Correfpondence, might be made ufe of for their Ruin and Destruction, by allowing the Refuge granted to the Habitations of Embaffadors, out of Regard to the Soverigns they reprefent, C2 (nor (nor even to them in all Courts) to be stretched in favour of Subjects, who have under their Direction all the Forces, and the Management of the Finances of Kingdoms, and who know their Secrets, when they commit Crimes in their Employments; a Thing the moft pernicious that could ever enter into the Imagination of any Man; and mutually prejudicial to all States and Princes in the World; for if it were established, they would be obliged to maintain, allow, and tolerate in their own Courts, all thofe who would contrive and attempt their Ruin; it being evident that in fuch Cafes, with fuch ugly Circumstances, it ought to be prefumed the King of England would not approve of them in his Embaffador, nor would defend him; because they are not comprehended among thofe which the Law of Nations admits, and likewife because of the Prejudice which fuch an Example might bring to himself. In Confequence of this Report, and of Reasons fo folid, clear, and incontestably well-grounded, and upon the unanimous Votes of the Directors of his Confcience, his Majefty refolved at length to have the Duke of Ripperda taken out of the Embaffador's Houfe, ordering him to be carry'd to the Castle of Segovia. For which Purpose his Majefty appointed Don Lewis Cuellar, Knight of the Order of St. James, and one of the Alcaldes of the Court, (who was affifted by a Party of the Life Guards, led by Major-General Don Francis Valanfa, Commandeur-Major of Caftile in the Order of St. James, and Adjutant-General of the faid Life Guards) with Order, that on this Day, being Saturday the 25th of May, as foon as the Doors of the Embassador of England's Houfe fhould be opened, he fhould enter it, and take the Duke of Ripperda, and with a fufficient Guard convey him to the Caftle of Segovia, feizing all the Papers he might have, and omitting nothing for fecuring all thofe which might be found in his Coffers and elfewhere; moft exprefly commanding, that in Cafe the Embaffador fhould refift, the faid Don Lewis Cuellar and the Major-General, fhould perform the Offices befitting the Regard and Refpect due to his Character before they proceeded to Execution; but if that should not entirely fuffice, to ufe Force for feizing the Person of the Duke. Before any Thing was executed, I did, by Order of his Majefty, inform the Embaffador of England of all this, discharging him from the Word he had given ; and in Confequence of the whole, the Duke of Ripperda was this Morning taken away without Scandal or Diftur bance, and the faid Don Lewis Cuellar conducted him to the Caftle of Segovia in his Coach, guarded by fome of the Life Guards; to the End he may be there secured at his full Eafe, and free from the Infults which he vainly and without Ground apprehended. His Majefty has ordered me to inform your Excellency of the Particulars of this whole Affair, that you may be apprized of the Juftification with which the King has acted therein, and of all that preceded his Majefty's just Resolution; that you may acquaint his Britanick Majefty and his Court with the Truth of the Fact, and of all that has happened upon it. Extract of another Letter from the Marquefs de la Paz to the Marquefs de Pozobueno. S the prefent unexpected Cafe, which has happened' ratenefs of the Duke of Ripperda, has been fo contrary to the King's Inclination, as is moft clearly apparent from all the Circumstances which have attended it, and which I have very amply described in another Letter to your Excellency; and the King's most fincere Defire to preferve and maintain with his Britannick Majesty the moft ftrict and perfect Harmony and Correfpondence, being not altered by it; his Majesty has ordered me to fignify to your Excellency, that when you fhall give his Britannick Majefty an Account of what has happened, you are at the fame Time likewise to affure him, of the fincere and unalterable Friendship which the King on his Part preferves towards him, and for a Proof of it, your Excellency is to reprefent, in a ftrong Light, the Regard which his Majefty has had the Goodness to fhew to his Embaffador, and his Houfe; having deferred for fo many Days, after the Duke had taken Refuge in it, his final Refolution to take him out of it, though he had it in his Power to have done it from the Moment he went thither; his Majefty being informed, that the Rights of the Houfes of Embaffadors did not extend to the present Cafe. This your Excellency is to exeeute very punctually, for fuch is the King's exprefs Will. Madrid, May 25. Mr. Stan Mr.Stanhope's Memorial to the King of Spain, July 13 1726, N. S. SIR, HE underwritten Embaffador Extraordinary and Plenipotentiary of his Britannick Majesty, having received Order to communicate to your Majesty the Sentiments of the King his Mafter, upon the Duke of Ripperda's taking Refuge in his Houfe at Madrid, and his being taken from thence by Force by Virtue of your Majefty's Orders: And having at the fame Time received the Copy of a Letter which the Duke of New caftle, Minister and Secretary of State, was ordered to write to M. de Pozobueno, your Majefty's Minister at London, exhibiting amply the King's Sentiments on this Affair: The faid Emballador judges he cannot better acquit himself of this Duty, than by delivering to your Majesty the annexed Copy of the faid Letter, as containing literally all that he has been commanded to reprefent upon the faid Tranfaction; without adding any Thing of his own, more than most humbly to befeech your Majefty to be pleafed to have Regard to the folid and juft Reafons therein alledged; promifing himself, from your Majefty's high Wisdom and Justice, all neceffary Reparation of the Violence done to the Immunities of publick Ministers; and to have the Refolution communicated to him which your Majefty fhall judge proper to take in this important Cafe; that he may be able to give an Account of it to the King his Master. Done at Madrid the 13th of July, 1726. SIR, Wm. Stanhope. To the Marquefs de Pozobueno. Whitehall, June 20, 1726. I Prefented to the King fome Time ago, as I have al ready acquainted your Excellency, the two Extracts of Letters which you did me the Honour to deliver to me, one concerning the Refuge which the Duke of Ripperda had taken in the King's Embaffador's Houfe at Madrid, and his being forcibly taken from thence by his Catholick Majefty's Order; the other, which you gave me at the fame Time, containing the strongest Affurances of his faid Majefty's Defire to preferve and maintain with the King my Mafter a perfect Harmony and and good Correfpondence. Your Excellency will not be furprized at not having had an Anfwer fooner, upon an Affair fo important as that in Question is, if you will recollect, that though Mr. Stanhope's first Letter on this 14, Subject was of the fame Date as yours, viz. May 25, May 30, it did not come to the King till at Night; and that the Cause of this Delay was, that the Embaffador's Courier, who fet out but an Hour after him who was difpatch'd by your Court, was ftopt feven Days at Vitzoria: And even that Letter, as appears by its Date, having been fent at the Time when Mr. Stanhope was in great Perplexity upon what had been juft done to him, he could only write in general and confufedly in the Hurry he was in, and referred himself for a more diftinet and particular Account, to what he fhould fend by a Person whom he promised to dispatch in a few Days from Madrid. You will eafily conceive, Sir, that his Majefty, before he was exactly and fully informed of the Fact in all its Circumstances, could not determine what Answer to give upon fo nice and important an Affair, in which not only the Glory and Dignity of his Crown, but likewife of all Sovereign Powers, his Catholick Majefty himself not excepted, are fo much concerned. That Perfon being fince arrived, and the King having full Information, I am now to communicate to you his Majefty's Sentiments upon fo difagreeable an Occurrence. To come then to the Fact, I must begin by telling you, that his Majefty does not pretend, that publick Minifters may protect Perfons who are in the Service of Princes where they refide, or who are accufed of any Crime against them: And his Majefty has obferved with Pleafure, that his Embaffador never had any fuch Thought, as appears evidently by Mr. Stanhope's Behaviour towards the Duke of Ripperda, when at his Return from his Country-Villa, he found him very unexpect ly in his Houfe, in Company with the Embaffador of Holland. His Excellency began, by making the Enquiries neceffary for rightly understanding his Cafe; as, what Situation he was in with Respect to his Catholick Majefty, and what Reafons had induced him to feek that Refuge, that he might be able to regulate his Conduct accordingly, and judge whether it were convenient for him to permit him to remain there, The |