Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	charles_n	king_n	spain_n	2,773	5	8.5751	4	false

Text snippets containing the quad

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

had such exorbitant Privileges but observed the common Canonical Right which make's more for the reverence of the Church And whereas it may bee alleg'd that the said safe Conduct was not to bee observed by the said Delinquents becaus it was not publish'd and that it binde's onely from that time whereas it may bee alleg'd also that the King's safe Conduct is onely by roial Letters or som publick Instrument All this is of little or no validitie at all for the Delinquents voluntarily confess that they had notice by Letters from England that this Resident was to com to treat of Peace and correspond with Spain The Delinquents besides may aver that the observation of this Salvo Conducto did not aim at them beeing no Vassals here but this Argument is of little vigor likewise for all people whether vassals or no vassals are oblig'd to observ the Laws in the Territories of that Prince where they sojourn And if this Law take's hold on the natural Vassals of anie Countrie much more on strangers who must not bee encouraged by anie immunitie to com and offend in another Countrey without incurring the same severitie of Law Nor will it will serv their turn to saie that all treasons are either in odium or contemptum Regis neither whereof could induce them to that act becaus they were militant in his Majestie's Armie and serv'd him with all exact fidelitie for all this concur'd in Joab for hee was ever faithful and a confident of King David's and son to his sister Serviah For proof of the second Argument of our discours viz. that hee who commit's a treacherous or proditorious murther cannot have the protection of the Church the determination of his Holiness Clement the 8th shall serv who saith that not onely hee who kill's one proditoriously but hee who kill's a reconciled enemie is deprived of the benefit of Sanctuarie Now these Delinquents destroi'd this Publick Minister of State per insidias appensatè animo deliberato proditoriè fraudulently by forecast with a deliberate minde and proditoriously therefore they are far from deserving the shelter of the holie Church The sacred Scripture take's us out of all doubt by the act of holie and religious Solomon when in execution of the just commandement of David his father hee consulted how to punish Joab for having slain Abner who had David's safe Conduct for which hee fled to the Church and to the altar fugit ergò Joab in tabernaculum Domini apprehendit cornu altaris and Banaias who had the charge of executing him returning with this news to Solomon hee answered vade interfice eum Go and kill him Banaias going again to Joab told him the King's command and bid him com out Joab replied I will not com out but I will die here thereupon Banaias going back to Solomon to inform him what Joab had said the King rejoin'd Fac sicut locutus est interfice eum do as hee hath said and kill him So Banaias the son of Jehoida went up to the altar and assaulting Joab hee kill'd him Now 't is a great question among the Theologues whether Solomon sinned in doing this Abulensis excuseth him giving this reason Quia non illi profecit tenuisse aram quia nullum homicida insidiator habet praesidium becaus the altar could not profit him in regard that no treacherous manslayer hath anie protection Add hereunto what Gaspar Sanchez and Ruperto allege touching the same fact nihil debet illi fides Altaris qui per dolum occidendò proximum omnem fidem perdidit The faith of the Altar oweth him nothing who lost all faith in slaying his neighbor feloniously But Cajetan with others finde no way how to excuse Solomon touching this business in regard that hee might by his praetorian troops and veterane Souldiers have taken him both from the Altar and the Tabernacle and so without anie note of violating Religion hee might have dispatch'd him in som prophane place as the Priest Joiada commanded Athalia to bee taken out of the Temple and kill'd without This is a great and precise lesson for the Lords Alcaldes for they need not fear to put these men to death in regard they are not now materially in the Church To prove the minor of the second Syllogism viz. that these men did fraudulently of set purpose with a deliberate minde and proditoriously murther the Ambassador of the Parlament of England shall bee thus prov'd Certain men espied the said Ambassador lighting at his lodging the same night hee came the next daie William Spark and Henry Progers who is fled spoke with John Baptista Riva the Ambassador's servant and Henry going down said to William let 's go here below where the other three Delinquents were and said let 's kill the Resident for a destroier of our Nation so they swore among themselvs that if one died all would die with him in so heroick an act whence this circumstance may bee drawn that this murther was committed by former consultation and with a deliberate minde what is formerly related is confessed by the Delinquents themselvs and that they came to perform this exploit two by two for beeing com to the lodging two remain'd at the foot of the stairs two on the top and two entred William Spark went in first seeing two sitting at the Table hee pulld off his hat and said I kiss your hands which is the Resident and when they knew who hee was Don John Guillim came and snatching him by the hair with a naked dagger hee gave him a thrust that overthrew him then came William Sparks and gave him another so that they gave him five stabs in all John Baptista Riva thinking to retire to his chamber there went four of them after him and gave him four wounds whereof hee presently expired whereby it appear's most evidently that the murther of the Ambassador was committed per insidias appensatè animo deliberato proditoriè therefore the Church cannot protect them It was don proditoriously in regard that prodere est unum actibus ostendere aliud in mente gerere unde homicidium proditorium est caedes hominis nibil tale suspicantis as Augustin Barbosa affirm's Just so was Abner kil'd by Joab according to the Text he killed Abner in a dishonourable way viz. fraudulently when he spoke to him peaceably therefore Joab deserv'd to be depriv'd of the immunitie of the Temple and just so was this Ambassador kill'd and it may well bee thought they deserv not the shelter of the Sanctuarie as Joab did not But me think's I here the Delinquents to extenuate their delict whisper that they kill'd the said Ambassador for an Heretick for a disturber of the publick peace who particularly fomented the death of the King and the change of gouernment and they did operate this to vindicate the death of their King upon a Regicide an enemie to his Countrie and on an Impostor Moreover one of the Delinquents saith that in