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The first Quellion that Mr. Staniuje asked him, and which indeed was the mod effential one, was, whether he had fill av Engioment under his Catholick Majefs, or whether he was in any Manner whitfoever in his Service? To which the Duke anfwer'd, He was not, that the Night before his faid Majefty had, at his Requet, abfuitely difcharged and difm fled him from all his Empingments. The fecond Question his Excellency put to him, wis. Whether he had Ground to believe Arndalf to be in Difgrace or under the Difpleasure of the King of Spain, or to apprehend that his Catholick Mijetly defigned to charge him with any Accufation, or to cause him to be profecuted for any Crime or Mifdeateracur committed in his late Miniftry? For neither in the one or the other Cife would he have found any Encouragement, much less any Protection, from his Excellency. The Duke having anfwered, That quite to the contrity, far from looking on himself as difgraced, and pet lels to be fufpected or in Danger of being accufed of any Crime, the King of Spain had had the Goodness to grant him a Penfion of 3000 Piftoles a Year, in Recompence of his paft Services: And perceiving that what he had faid had not all the Effect he wished on the Miad of his Excellency, he fhewed him an original Letter, of which I fubjoin a Copy, wherein the Marquels de la Paz fignifes to him, in the Name of his Catholick Majesty, that as the Duke himself had defired, his Majefty confented to his laying down his Employments, and did him the Favour to grant him a Penfion of 3000 Pistoles a Year, till he fhould employ him in his future Service, in fuch Manner as to Him should feem moft convenient. All this not having yet satisfy'd his Excellency, he would know what Motives he had for coming to ask the Protection of his House; to which the Duke reply'd, That it was not from the leaft Apprehenfion of any Violence on the Part of his Catholick Majefty, of whofe Favour and great Goodness he had juft received so evident a Mark as the Penfion he had granted him; but that he was in Fear of his Life, from the inveterate Malice of his Enemies, and the Rage and Fury of the Populace, who had that very Day infulted his Domefticks, and declared publickly that they would come at Night and attack his Houfe, and tear him to Pieces.

However, notwithstanding the Marquefs de la Paz's forementioned Letter was more than fufficient to con

vince

vince Mr. Stanhope, that the Duke of Ripperda was neither in the Service of the Catholick King, nor fufpected of any Crime; but that on the contrary, his Catholick Majefty had even given him very recent Marks of his Goodness; yet Mr. Stanhope, ever careful not to do any Thing that might be difagreeable to the King of Spain, would not promife the faid Duke Harbour in his Houfe, without first acquainting his Catholick Majesty with it, and knowing his Sentiments upon it; requiring M. de Ripperda, in the firft Place, to fend in Writing to the Secretary of State the Motives of his Retiring; and the next Day, the 16th of that Month, his Excellency had thereupon an Audience of his Catholick Majefty, when having given him an exact and fincere Account of what had paffed between him and the faid Duke, he was for. tunate enough to be affured from his Catholick Majesty's own Mouth, that he was not displeased with his Proceeding, whatever Cause he had to be fo with the Duke of Ripperda's, in taking Refuge in the Houfe of a Foreign Minifter; adding, that the faid Duke having asked a Paffport that he might retire to Holland, he could not grant it him, till he had firft delivered up feveral Papers of Confequence to his Service, which he had in his Hands; and therefore he defired Mr. Stanhope would engage, not to permit him to efcape out of his House, till his Catholick Majesty should caufe a Lift to be drawn of his Papers, and fend to get them, which fhould be done the next Day; to which Mr. Stanhope confented, and gave his Word for the fafe keeping of the Perfon of the Duke of Ripperda, which was all the King of Spain required of him: And his Catholick Majefty's Approbation of all that Mr. Stanhope had done, cannot be more ftrongly confirmed, than by the Letter, of which I fubjoin a Copy, that the Marquefs de la Paz wrote to him that very Day, in which he tells him, That the Cathalick King had entire Confidence in the Word his Excellency had given him, to keep the faid Duke of Ripperda in his Houfe; and acquaints him, that it was refolved, for the greater Security, that fome Soldiers should be pofted in the Neighbourhood and Avenues of his Houfe; affuring him at the fame Time, that in this Proceeding there was not the least Diftrust on the Part of his Majefty with relation to his Excellency, but that it was only for taking the greater Precaution against the Attempts the faid Duke might make to escape.

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Mr. Stanhope having therefore, in Confequence of
what the Catholick King had done him the Honour to
fay to him in the Audience he had just had of his Ma-
jesty, given his Word to the Duke of Ripperda, that he
might remain in his House, as long as the faid Duke
fhould not attempt to escape out of it, he could not re-
tract that Engagement but by Order from the King his
Mafter, and no other Perfon in the World had a Right
to releafe him from it: So that none can deny, that af-
ter all that had paffed on both Sides, the making use of
Force to take the faid Duke out of his Excellency's
Houfe, without having previously obtained, or at leaft
asked the Confent of his Britannick Majefty, must be
·looked upon as an Infraction of the Law of Nations.

Your Excellency will fee, that even your Couft was
of that Opinion, by the Marquefs de la Paz's Letters to
Mr. Stanhope of the 18th and 21ft of the faid Month, of
which I likewife fubjoin Copies; by which it appears,
that though the Catholick King had begun to entertain
Uneafiness at the Duke of Ripperda's Stay in his Ex.
cellency's Houfe, yet all his Catholick Majefty required
of him, was, to ufe Means of Perfwafion to induce him
to leave it: And Mr. Stanhope on his Part, always ar
dently difpofed to do all that may be agreeable to the
King of Spain, without proftituting the Glory of the
King his Master, and his own Character of Embaffador,
by breaking the Word he had given in Confequence of
what his Catholick Majefty had done him the Honour
to fay to him, wrought fo effectually with the Duke of
Ripperda, purfuant to the Intimation he had received
from his Catholick Majefty, that he prevailed with the
faid Duke to confent to leave his Houfe, provided he
might be permitted to retire to a Convent: And I
cannot conceal from your Excellency, how much the
King my Master was furprized, that this Propofition was
not accepted, not being able to conceive any folid Rea-
fon for its being rejected.

But what has much more furprized the King my
Mafter, and renders the Treatment of his Embaffador
yet the more unreasonable, is, that it does not appear,
that before Force was ufed, after all that had paffed on
both Sides, his Embaffador was ever asked in Form to
deliver up the faid Duke, or make him quit his House;
not even after the Refolution taken by the Council of
Caftile, by which he was declared Guilty of High Trea-
fon

nor was the faid Refolution, or the Contents of

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it, communicated to him, but at the Time when the Officer of Juftice, accompany'd by a Military Officer with 60 Guards, having enter'd his Excellency's Houfe with a Commiffion to force it, delivered to him a Letter from the Marquefs de la Paz, in which he fignify'd to him, that he was difcharged from the Word he had given; that they were to take the faid Duke out of his Houfe, and feize all the Papers that might be found in his Poffeffion, by making strict Search in his Coffers and elsewhere. And this was done on the Spot, notwithstanding the Proteft of the Embaffador, who defired only, that the Execution might be fufpended till he had anfwered the Marquefs de la Paz's Letter, which was refufed him.

His Majefty perfwades himfelf, that your Excellency yourfelf will own (without deciding whether Mr. Stanhope had Right or not to give his Protection to M. de Ripperda) that after all that had paffed between his Catholick Majefty, his Minifters, and the faid Mr. Stanhope, it was requifite at leaft, according to all Rules, that before Soldiers were fent to his Houfe, the forefaid Refolution of the Council of Caftile fhould have been notify'd to him in Form, and that his Catholick Majesty had determined, in Confequence of that Refolution, to take the faid Duke out of his Houfe by Force, in Cafe he would not deliver him up; and that they should have waited to fee what Effect that Notification would have produced; there being nothing that could have justify'd in fuch a Cafe the Violation of the Immunities of an Embaffador's Houfe, but the utmost Neceffity.

Thus, Sir, having laid before you without any Difguife the Fact in Question, in Anfwer to the Extracts of Letters you gave me; the King my Mafter hopes, that this Affair being placed in its true Light, his Catholick Majesty will difcover fo clearly, how much it concerns his own Intereft, as being one of the Powers of Europe moft to be refpected, to prevent the Confequences which might be drawn from fuch an Example of the Violation of the Immunities of publick Minifters; that he will be pleafed to take upon himself the Care of ordering on this Occafion all neceffary Reparation to be made, for preferving the Privileges which have ever been annexed to that Character. This the King my Mafter expects from the Wifdom and Juftice of his Catholick Majefty, and that he will thereby enable Him the better to act anfwerably on his Part, to the Affurances

Dz

of

of a fincere and inviolable Friendfhip which you have given on his Catholick Majefty's Part, in pursuance of the Orders contained in the forefaid Extracts. I am, with the most profound Regard,

SIR,

Your Excellency's

Moft humble and moft obedient Servant,

Holles Newcastle.

The four Letters referred to above by the Duke of Newcaftle, are the following.

I. Letter from the Marquefs de la Paz to the Duke of Ripperda.

SIR,

TH

HE King our Mafter having thought fit to admit the Reprefentation your Excellency made to him Yesterday, to retire from the Employments which his Majefty had conferred upon your Excellency; he has refolved to favour your Excellency with the Grant of a Penfion of 3000 Pistoles a Year, till his Majesty does for the future employ your Excellency in his Service, in fuch Manner as may appear to him most convenient. I acquaint your Excellency with this, by his Majesty's Order, that you may be informed of the Royal Refolution in the one and the other Matter. I am, &c.

From the Palace, the 14th of May, 1726.

Juan Baptifta de Orendayn.

II. Letter from the Marquefs de la Paz to Mr. Stanhope.

SIR,

HE King is perfectly affured of the Honour of the Word your Excellency has given his Majefty, to keep the Duke of Ripperda in your Houfe: But as all the Precautions your Excellency may take, may perhaps not be fufficient to hinder fome Folly or Disorder which that Gentleman might attempt, his Majefty has refolved, for the greater Security, that fome Soldiers fhall be pofted in the Neighbourhood and Avenues of your Excellency's Houfe, who may be vigilant to hinder all Irregularity which that Duke might undertake without your Excellency's Knowledge: There not intervening in this Affair the leaft Diftruft on the Part of his Majefty, for what relates to your Excellency; but only

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