GREEKS ROMANS MIDDLE AGESFirst time that diplomatic relations became constant and took on a certain stability of form

Ambassadors were called a legatus, less often an orator and sometimes a fecial (this is used for the most part in negotiations looking towards war or peace).

The Senate regularly sent at least three ambassadors. Often, the number reached ten.

The President of the Senate chose the ambassadors, sometimes the names were drawn by lot, and quite often senators were chosen.

A chosen ambassador cannot refuse a mission. Expenses of the mission were borne by the state.

During the last years of the Roman Empire, the bishops became ambassadors. (e.g. Bishop of Marseilles, Gracus)

Byzantine Italian

Diplomacy was practiced as an art and taught as a science.

Relations between the Papacy and the Byzantine Empire were so important that popes maintained more or less permanent ambassadors at the imperial court at Constantinople – apocrisarii or responsales

The pope maintained a permanent appocrisarius at the court of the monarch at Ravenna while the archbishop of Ravenna had a special responsalis at the papal court.

Development of sending permanent missions was difficult because of the distrust of permanent representatives.

Diplomacy was synonymous with treachery and faithlessness.

Marselaer – when an envoy of an enemy state was received his weapons should be taken from him and his clothes be shaken out.

Nicodemus – envoy to the Medici in Florence, under the Duke of Milan, Francesco Sforza – earliest permanent embassy in Europe

Although there were no permanent embassies, interstate relations were

Any assault against an ambassador or herald was a violation of jus gentium.

They also recognized the inviolability of a diplomatic envoy (e.g. Salic Law)

carried on by means of ambassadors and missions. There was no need for a profession in diplomacy because most of the distinguished citizens were familiar with the political situation of the times. It was also impractical to have a permanent diplomatic mission in a Greek state because there were hundreds of independent states.

Immunity of ambassadors from territorial jurisdiction.

The diplomatic envoy had the right to be exempt from the jurisdiction of all courts except those of his own country. He possessed jus revocandi domum.

The procedure and etiquette employed in the diplomatic intercourse exhibited a marked ecclesiastical influence. (see De Ceremonis by Emperor Constantine VII)

Protocol permitted the emperor to send rare viands reserved normally for his own table to certain favored envoys.

Diplomats were under close surveillance

Emissaries, in order to defray expenses of their delegation, were expected to stimulate a large a sale as possible of the products of their country.

Liutprand, Bishop of Cremona – Emperor Otto I

Venice was the school and touchstone of ambassadors.

Important government officials were often appointed as diplomats. On occasion, actors and musicians were also appointed.

Aeschynus – Actor – Representative of Athens in Macedonia

The Senate at Rome considered ambassadors as its guests and received them with a ceremonial of great pomp.

Ambassadors had to request permission to be presented before the Senate, and if the Senate refused, they no longer possessed diplomatic status (e.g. Illyrian legates)

Legati a latere – cardinals

Legatis missi or muntii – below cardinal rank

Nuntii apostolici – resident ambassadors to the Holy Roman Empire

Italian diplomats also acted as representatives for other countries.

Menecles – Ambassador of Teos

Ulysses

and to various European kings

Definite principles of diplomatic practice were already recognized:

1. Inviolability of diplomatic envoys

2. An ambassador was not subject to local jurisdiction even when he committed an offense in the territory of the foreign state

3. The right to send ambassadors was inherent in the sovereign powers of the state, and the right to send implied the obligation to receive

4. Oftentimes, the subject of the mission was presented publicly by the foreign ambassadors to the representatives of the people

5. Greek envoys received their instructions orally or in writing and carried credentials

6. Diplomatic reps were accompanied by their suites

7. Ambassadors were strictly forbidden to accept gifts while on their mission (e.g. Timagoras, ambassador of

Permanent legations did not exist because they did not fit the needs of the time. But a well-established jus naturale covered diplomatic practice in antiquity, supplemented by jus gentium and jus fetiale of the Romans.

Decree of 1236 – forbade ambassadors at the court of Rome from accepting from any source whatever any favors or profits without the consent of the doge and the assembly

Ordinance of 1268 – Required ambassadors, upon their return, to surrender all the gifts they had received.

1268 Law – prevented the ambassador from being accompanied by his wife, lest she might divulge his affairs.

He had to take along his own cook so as not to be poisoned.

IT was decreed that envoys file a written report of their mission within a fortnight.

An envoy was not permitted to be absent a single day from the post.

Athens in Persia)8. The chief function of a

diplomat was the conclusion of treaties, especially treaties of alliance.

9. The right of asylum was a well-established principle of international law, but instead of embassies, statues, tombs, and temples were used.