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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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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 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