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A86339 The process, and pleadings in the court of Spain upon the death of Anthonie Ascham resident for the Parliament of England, and of John Baptista Riva his interpreter, who were kill'd by John Guillim, William Spark, Valentine Progers, Jo. Halsal, William Arnet, Henrie Progers. Who are all in close prison in Madrid for the said fact, except Henry Progers, who fled to the Venetian ambassador's hous, and so escaped. / Sent from Madrid from a person of qualitie and made English. Hierro, Agustín de, 17th cent.; Howell, James, 1594?-1666.; R. W. 1651 (1651) Wing H1944; Thomason E636_3; ESTC R202579 11,479 19

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hee burst out into this deprecation si ante occasum solis gustavero panem vel aliud quidquam If before the setting of the Sun I taste bread or anie thing els c. Now this sorrow of David did much pleas the people Populus audivit placuerunt iis cuncta quae secerat Rex in conspectu totius populi as the holie text hath it The people heard and were pleas'd with everie thing that David did Here it is to bee observed that the people were to bee satisfied herein nor was a bare sorrow onely satisfactorie for this murther but a due punishment must expiate the offence which in regard that David himself could not do it in his life time hee left it in charge to his son Solomon in these words Facies ergò juxta sapientiam tuam effudit sanguinem belli in pace Thou shalt do according to thy own wisdom exaggerating his speech with a reason and hee shed the bloud of war in peace So his Catholick Majestie God guard him hath don out of a resentment hee had of this treacherous murther by recommending the business to so great a tribunal Facietis ergò juxta sapientiam vestram effudit sanguinem belli in pace proceed according to your own high prudence by punishing these Delinquents who have murtherd the Ambassador of the Parlament of England though hee came with a Roial Pasport and so shed the bloud of war in time of peace Moreover this death of the Ambassador by hindering the procedure of his Embassie is no single offence but it reflect's upon manie As the great Civilian saith Si quis autem legationem impedit non unius sed multornm profectum avertit sicut multis nocet à multis arguendus est Whosoever shall impede an Embassie hee avert's not the benefit of one man but of many and as hee hurt 's manie so hee is to bee argued by manie Now manie are the accusers of these men manie are interressed in the business and most especially the King our Liege Lord who gave a Passport and allowed of the Ambassador and of the Parlament of England that sent him Therefore these men had need to have manie lives to lose for to satisfie so manie whom the business concern's so Magalotti hath it that the punishment is to bee double in regard of the persons concern'd But hence may result a question whether the punishment bee to bee inflicted where the Delict was perpetrated and the King's securitie violated or whether the murtherers bee to bee sent to the Ambassador's Master whom hee represent's This was an old difference twixt Romulus and Tacius who reign'd together as Pedro Aerodo relate's the business briefly yet elegantly Romulus was of opinion that the Offenders were to bee sent to the Ambassador's Master But this transferring of the Offendor to the partie offended was alwaies held to proceed rather from Vrbanitie then justice as it appear's in the case of Rincon and Fregoso which is amply related in the Annals of the Emperor Charls the fifth it was a loud clamorous business whereof all the corners of Christendom did ring and everie Chronicler hath it therefore I will not molest you with so trite a thing Tacius was of differing sentiment for hee would have the delict to bee punish'd where it was perpetrated and the reasons which the Doctors give is becaus the Lord of the Territorie is the more interressed and obliged to punish the offence on the partie to vindicate his own wrongs as in this caus his Catholick Majestie is most injur'd becaus his roial Passport is violated and why should hee have recours to a forrein power to desire Justice when by the Law of Nations hee may avenge the affront at home by his own And it is most fitting they should receiv punishment in this Court rather then anywhere els where in regard of the greatness of our King there are continually so many Ambassadors residing whose securitie may bee much confirmed by the exemplarie punishment of these Delinquents and in particular the verie Ambassadors of England themselvs who are sojourning here now though opposites to the dead Ambassador in regard of the dissentions now in England all which must bee don by a just infliction of punishment But the Delinquents think to scape by the immunities of the Church where they fled and sheltered themselvs from so grievous and atrocious a crime aggravated by so manie circumstances by so manie Accusers and interessed persons nor according to their defence do they confess to have committed anie offence or sin at all but they vaunt to have performed an heroick act Now 't is a rule that Jactantia aggravat peccatum boasting of mischief make 's the sin the wors St Augustin in defineing sin saith that it is Dictum factum vel concupitum contra legem aeternam a thing spoken don or wish'd against the eternal Law Him followed Thomas Aquinas and citing Gregorio de Valentia Father Granados pursueth the opinion and Vasquez Sin also is defin'd Transgressio legis a transgression of the Law now the delict of murther is opposite to all Laws both divine and humane as also to violate the securitie of an Ambassador much more to murther him is condemn'd by all Laws of Heaven and Earth therefore this can bee no other then a delict and much more precisely a sin and a sin non nominandum an infandous sin much less an heroick action or exploit of gallantrie The second Article THat these Delinquents cannot make themselvs capable of the protection of anie Sanctuarie will bee justified by two Mediums in form of a syllogizing Argument Hee who commit's Crimen laesae Majestatis a Crime of high treason cannot have the protection of the Church But these Delinquents have committed a Crime of high treason Ergò they cannot have the protection of the Church The second Argument is of no less force Hee who commit's a treacherous murther cannot have the protection of the Church But these Delinquents have committed a treacherous murther Ergò they cannot have the benefit of the Church For proof of the first Ambrosinus Bosius and Julius Clarus their opinions are cleer Gambacarta Diana and others concur with them among other high Treasons they instance in killing the Kings eldest Son his brother or anie of the race roial or the King's wife becaus shee is the one half of him or a Privie Counsellor of his c. as also hee who violate's the King's salvo conducto whereon they insist much Now touching that large Bull of Gregory the 14th touching the immunities of the Church it is the opinion of all the Civil Doctors on this side the Alps that it is not available in all Provinces nay it hath been petition'd against by divers and to this daie it is not put generally in practice they are the words of Evia de Bolanos in his Curia Filippica It was petition'd against in Portugal nor could this Bull take footing in Spain which never
this rebellion hee kill'd a brother of his with whom hee had particular enmitie to these arguments I may say as John Garcia said in his Gloss Nobilit Adducuntar Leviuscula quaedam argumenta quae meritò subtaceri poterant sed satisfaciendum est doctis pariter ac indoctis Certain light arguments are alleged which might have been spar'd but wee must satisfie the unlearned as well as the learned and concerning the first They say they kill'd the Ambassador for an Heritick so was their King who they pretend hee had help'd to murther but the Catholick Church never held yet that it was lawfull to kill a man only for his Religion besides this Ambassador had a royall pass-port and was attended all the way from the Sea-side by his Majestie's Servant And Ministers of any religion may have pass-ports for their safetie as John Huss had and as Charls the Emperour gave Luther They say this Ambassador came to seduce and deceiv by a book of his which was found among his papers and a medall which hee had which had on the one side Nebart and on the other XII and the word Obstricti and they say it signifie's those XII which gain'd Nebart and occasion'd the warrs Hence they inferr that hee came to deceiv there was also found a Crown stab'd with a poniard This same argument Joab propounded to David when hee said Ignoras Abner filium Ner quoniam ad hoc venit ad te ut deciperet te ut sciret exitum tuum introitum tuum nosse omnia quae agis Thou know'st not Abner the son of Ner for hee is com hither to deceiv thee to know thy going out and thy coming in and to prie into all things thou do'st as the sacred Text tell's but this could not excuse Joab for killing Abner who came hither all the way with a safe conduct and it is the prerogative only of that Prince who gave him the safe conduct to know the cause of his coming To com now to a conclusive point and finall period of this plea the punishment of these men for having fraudulently by propense malice with a deliberate mind and proditoriously murthered the Ambassador of the Parlament of England according to the foregoing circumstances and by their own spontaneous confessions I say the speedy chastisement of these men to death notwithstanding the depending process touching the immunitie of the Church is required by six parties that are interessed therein Viz. 1. By God himselfe 2. By the King 3. By his Subjects 4. By the publick cause 5. By the Fiscall of the Council First God require's it who watcheth over all crimes specially those of blood which crie out for vengeance more then anie therefore the procrastination hereof would be offensive to his divine Majestie Secondly The King whom God preserve require's speedie execution in regard som grave Doctors do doubt whither it was a sin in David to delay the punishment of Joab till after his death by bequeathing the execution of Justice to his Son Solomon as a legacie Thirdly The Subjects of the King our Liege Lord require a hastning of the punishment becaus it trouble's them to see hard before the King's eyes and in his Catholick Court so horrid and sudden a murther committed Quando accidunt aliqua mala horrenda quae sunt penitus inopinata solent homines nimiùm turbati etiamsi ad illos mala illa non pertineant quia ergo mors Abner erat malum quoddam rarum inopinatum subitò illo audito turbati sunt omnes Israëlitae When som horrid unexpected and unusuall mischiefs happen people use to be strangely troubled though it nothing belong's unto them therefore because Abner's death was a kind of extraordinarie sudden mischief all Israël was troubled at it as Abulensis speake's upon the 2 of Kings Fourthly The publick caus requir's a sudden execution of justice upon these Delinquents becaus they murthered two men by fraud quorum opera utilis videbatur futura Reipublicae whose negociation was to bee profitable to the Common-wealth as Gaspar Sanchez sayeth Lastly The Fiscal require's justice for God for the King for his fellow-Subjects for the publick-caus and for himself who conclude's with Cokier in his Treatie de Legato Ac Perde has animas patriam bonus eripe noxâ To shut up all the justified an● cries out for speedie justice in regard that these Delinquents murthered an Ambassador of the Parlament of England now to everie Ambassador there is owing an extraordinarie respect specially to the Ambassadors of England they slew him though they knew that hee had his Majestie's safe conduct they slew him in the Catholick Court where the right of Nations useth to be kept inviolable and more solemnly then anywhere else whereby they committed not only a soul trecherous murther but treason in a high degree against his Majestie they surprised the Ambassador and his Secretarie at dinner a harmless hour they came in like Friends wherefore it may justly be inferr'd that this murther was committed por insidias animo deliberato appensatè proditoriès by fraud with a deliberate mind by fore-cast and trecherously touching the circumstances their own spontaneous confessions make them good Therefore both God the King all the vassals of this Court the public-publick-caus and the Fiscal of the Council demand a speedie and actual execution of justice upon them notwithstanding the depending process and pretentions touching the immunities of the Church Salva in omnibus c. Such was the Charge in the Court of Spain which was delivered with much aggravation by the said Doctor Hieronymo Hierro Knight of the Order of Calatrava against John Guillim William Spark Valentin Progers Jo. Halsal William Arnet and Henrie Progers who are detain'd still in prison for killing Anthonie Ascham Resident for the Parlament of England and John Baptista Riva his Interpreter all except Henrie Progers who being formerly known to the Venetian Ambassador fled to his hous for protection and so made an escape the suit is still depending and no resolution taken in regard the Church stand's so earnestly for them in so much that it is not known when it will be determined FINIS Stylo Novo