Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	war_n	17,303	5	6.8100	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

The Process and Pleadings In the Court of Spain upon the death of ANTHONIE ASCHAM Resident for the PARLAMENT 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 LONDON Printed by WILLIAM DU-GARD Printer to the Council of STATE 1651. To his truly honored friend Sr W. Butler Knight SIR YOur Desires to mee are equivalent to Decrees which I shall bee alwayes readie to put in execution as far as I can and never bee found in a contempt Therefore according to the contents of your last I have sent you by this Post the Plea concerning the English Gentlemen that are under close restraint here in the King's Prison for the death of Mr Ascham and your old acquaintance John Baptista Riva his Interpreter wee cannot conjecture yet what will becom of them for the Church stand's firm for them and you well know what predominant influences the Church hath in this Clime The Lord Cottington and sir Edward Hide are parted and departed from this Court the first to Vallodolid the other for Flanders and since that time Mr Fisher appear's abroad in som lustre with his Coach and Lackies whereas before hee kept retir'd and invisible Catalunia is like to bee reduc'd this summer for there are mightie forces both by Land and Sea to that purpose No more now but that I am alwaies Your readie and most real servant R. W. Madrid this 8th of Maie 1651. The whole discours analys'd This Plea doth partition it self into sundrie particulars 1. THe manner and circumstance of the Fact is punctually related with the names and distinction of the Actors 2. The atrocitie and hainousness of the Fact is aggravated beeing committed upon the person of a publick Minister of State viz. the Ambassador or Resident of England whose person should merit more particular respect in the Catholick Court in regard of the precedencies which were alwayes given in England to the Spanish Ambassadors 3. Divers testimonies are produc'd how that the persons and office of Ambassadors are sacred c. 4. It is proved that this publick Minister had the safe conduct and consequently the protection of his Catholick Majestie which make's the offence reflect upon him and is punishable by his own royal Justice and so the Delinquents are not to bee transmitted elswhere for their punishment 5. A parallel twixt the death of Ascham and Abner who had King David's safe conduct 6. The Holie Church cannot protect so proditorious a murther as it is prov'd by forcible reasons 7. Important arguments for a sudden execution of Justice upon the offenders c. The learned and elaborate CHARGE of Doctor Don Augustin de Hierro Knight of the order of Calatrava and Fiscal or Attorney General of the Council Roial AGAINST Don John Guillim William Spark Valentine Progers and William Arnet Jo. Halsal Englishmen who saie they are and are detained in the Roial prison of this Court For having traiterously and upon propens malice kill'd ANTHONIE ASCHAM Ambassador or Resident of the Parlament of England who came and entred into this Court by virtue of the safe conduct of the King our Lord whom God preserv and John Baptista Riva a Genuës beeing Interpreter or Secretarie of the said Resident The Immunitie of the Church which they pretend cannot avail them Nor ought the Plea of that Immunitie hinder the imposing and executing upon the said Delinquents the punishment that correspond's with their offences as will bee proved in the ensuing Charge The Accusation or Charge THe disaster and death of Charls Stuart King of England hapned the 9. of Febr. 1649. The Parlament of England governing the Kingdom afterwards sent an Embassage to the King our Lord whom God guard And Besoldus saith that qui à belli Ducibus Gubernatoribúsque provinciarum liberis mittuntur sunt Legati Those who from Generals of war and free Governors of Provinces are sent anie where are Ambassadors I could produce a cloud of Authors upon this argument who treat of and declare who have capacitie to send Ambassadors as the Earl of Fontanar Don Christoval de Benevente in his Advertencies to Princes and Ambassadors the Dissertations of Don John Vella Conrado Bruno and the Count Don Juan Antonio de Vera in his Book call'd The Ambassador do amply aver But whether the Person sent lately by the Parlament of England was an Ambassador or Agent or Resident as the Delinquents term him or most properly an Orator for hee came to deprecate peace whether hee was all these or anie of these it matter 's not for anie of these may style him a Legate and make him deserv that title and the same securitie is due to all those titles as Hotoman upon this theme resolv's the point with others 2. This Ambassador or Resident sent by the Parlament of England call'd Anthonie Ascham arrived at the bay of Calis the 24 of March 1650. with an Interpreter and three or four servants and not meeting there with the Duke of Medina Celi hee went in quest of him to the Port Santa Maria and did let him know that hee was sent by the Parlament of England in qualitie of an Agent to the Court of Spain The Duke lodg'd him thereupon and according to his accustomed attention and prudence by which hee alwayes operate's sent to tell him that in regard it was the first negotiation between Spain and the Parlament of England hee could do nothing in the business till hee had first given an account to his Majestie as hee did the 27 of March which came to Madrid the second of April and the same daie the King referred the letter to his Council and the fourth of April there was order sent to the Duke to treat him as Resident and see him convoi'd to the Court accordingly in safetie The twentieth of April the Resident having been sick before began his journey beeing accompanied by the Camp-Master D. Diego de Moreda and the second of June they came to Toledo whence the Camp-Master sent to the Court for further Order and Order was sent that hee should pursue his journey and that the Resident might take a Hous where hee pleas'd in the Court so they arriv'd at Court Sundaie following at five in the evening and Munday next after at six in the morning John Baptista Riva who was hee sayed a Genuës went in Company of a Servant of the Camp-master to Hieronymo de la Torre Knight of the Order of Calatrava and Secretarie of State the said Riva complain'd of the illness and incommoditie of the lodging But when the Resident and his train lighted at their lodging 't was observ'd there passed by som that went muffled thereabouts who were over-heard to say

Essos son these are they so Riva delivered the Secretarie two letters from the Parlament saying that the Resident came under the protection of his Majestie The Secretarie answered they had don ill not to have given account at the verie point of their arrival the Resident beeing the person hee was being in the Catholick Court hee was secure enough and hee would advertis his Majestie of his coming accordingly which hee did within a quarter of an hour charging the Camp-Master's Servant that hee should tell his Master to continue in assisting the Resident but an hour and half before this the fore-mentioned Delinquents did proditoriously out of propens malice murther the said Resident and the said John Baptista Riva according to the circumstances which shall follow Now these men well knew that the said Resident came to treat of peace and they spontaneously confess they knew it and that hee entred into this Court by order from his Majestie and with his pass-port so that besides the treacherie and malice of the Act they committed capital treason Crimen laesae majestatis in primo capite now for everie offence there is a corresponding punishment and for this certainly there is undoubted pain of death therefore they have made themselvs unworthy of the immunitie of the Church which they pretend The business briefly doth branch it self into two Articles First The grievousness of the delict is to be considered and the qualitie of the person upon whom it was committed one who had a safe conduct from his Majestie therefore it is crimen laesae majestatis and perpetrated in a most trecherous and malicious manner Secondly The Church cannot give them Sanctuarie therefore the pain of death is to be executed upon them according to the merit of the delict in declaring the circumstances whereof I will leav all curiosities and go to the pitch of the business without extending my self to any extravagant impertinencies The first Article TOuching the necessity and utilite of Embassies Besoldus prosecut's this subject at large together with Pascalio Benavente Marsellaert in their learned dissertations But Pedro Erodo may be said to comprehend all in these elegant words Legatorum munus perquam utile est ac perquam necessarium nam sine iis nec foedera iniri possunt nec belli leges pacisque dici inimicitiae essent immortales insidiae caedes incendiáque ubique essent The function of Ambassadors is most profitable and necessary for without them there can no confederation be made nor any Lawes of peace or warr enacted enmities would prove immortall slaughterings perfidiousness deceipt and combustions would be every where This so necessary and profitable a Ministerie was justlie called Santo officio y ministerio de los Angeles The holy Office and ministerie of Angels and the persons of those who did exercise it were held for sacred in all men's opinions Sancti habebantur Legati eorúmque corpora sancta sunt Ambassadors were held holy and their bodies are holy saith Marcus Varro therefore they should be protected from all humane injurie Cicero also sayeth Sentio jus Legatorum tum hominum praesidio munitum esse tum etiam divino jure vallatum I hold the right of Ambassadors not only to be fortified with humane safe-guard but entrenched with divine safetie I could muster up a whole squadron of autors both modern and ancient upon this Subject specially King Don Alonso who mak's this security of Ambassadors his own and defend's it so and this securitie is due to any Ambassadour though he be suspected and fals as Frier Don Goncalez resolve's the point in his historie of China and Besoldus also and although the said Ambassador com to deceiv and collude or that he bee an Enemie yet having a safe conduct he is to be protected as the Count de la Roca sayeth Fides enim quando promittitur etiam hosti servanda est contra quem hellum geritur quantò magis Amico pro quo pugnatur And if this securitie be due to an Ambassador that com's to intrap yea to an Enemie how much more to an English Friend in whose Countrie the Ambassador of Spain hath and alwaies hath had the pre-eminence of the Ambassadors of all other Princes Now that England should still be our friend in statu quo nunc and that peace should bee continued with her proceed's from right for peace is not only made with the King but with the Kingdom also and although the first exspire's the last remain's For put case that a peace be concluded with a Countrie without including the King either by carelesness or som other accident yet the peace stand's good for so the Polish Magistates answered the Emperor Ferdinand the 2. Faltando el Rey se conservan con el reyno the King failing yet peace is to be conserv'd with the Kingdom So Bodin hold's and urgeth a pregnant example to this purpose lib. de Repub. cap. 4. fol. 63. where he allegeth the answer which the Ambassadors of France made to Edward the fourth King of England desiring aid from France against som rising Subjects of his by virtue of the league between them which answer was that the King of France could not help him for confederations twixt France and England were made twixt the Kings and Kingdoms so that though King Edward was dispossessed thereof yet the league and amity remain'd still with the Kingdom and with the King regnant Just so the peace twixt the Kings and Kingdoms of Spain with England though Charles Stuart the King be wanting yet it may be kept intire with the Kingdom And his Majestie himself insinuat's so much unto us continuing still his Ambassador in England for when a peace is established twixt Kings and Kingdoms people persons and vassals though the King fail and the Kingdom receiv a differing form of government yet the peace hold's good still becaus it aim'd principally at the people and persons of both Nations and upon these terms the peace was renewed twixt Spain and England 1630. as the French Mercurie relate's Therefore these Delinquents fail'd much in the foresaid reverence due to the sacred persons of Ambassadors as also to the safe conduct of his Matie by laying violent hands upon his person much more by murthering him Joab did treacherouslie kill Abner who came with David's safe conduct whereupon David said to all the people that were about him Scindite vestimenta vestra and reinforcing his sorrow levavit David vocem suam flevit super tumulum Abner flevit autem omnis populus David lifted up his voice upon Abner's tomb and wept yea all the people wept Moreover David erected a tomb for Abner beeing so treacherously kill'd notwithstanding that hee had his safe conduct and the privilege of an Ambassador The Romanes rais'd Statues to Ambassadors that were kill'd Interfecto Legato Statua debetur saith Besoldus through all his Chapter of Legations Moreover it is observable that David did not onely weep but

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