Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	slay_v	4,177	5	8.7559	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

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

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