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.
      
       
         This text is an enriched version of the TCP digital transcription A86339 of text R202579 in the  English Short Title Catalog (Thomason E636_3). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
       Approx. 40 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images.
       
         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A86339
         Wing H1944
         Thomason E636_3
         ESTC R202579
         99862809
         99862809
         114986
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A86339)
         Transcribed from: (Early English Books Online ; image set 114986)
         Images scanned from microfilm: (Thomason Tracts ; 98:E636[3])
      
       
         
           
             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.
          
           [4], 15, [1] p.
           
             Printed by William Du-Gard, printer to the Council of State,
             London :
             1651.
          
           
             A translation, by James Howell, of an unidentified work by Agustín de Hierro, whose name appears on A3r.
             Dedication signed: R.W.
             The words "John Guillim, .. Henrie Progers." are bracketed together on title page.
             Annotation on Thomason copy: "July. 9th".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Ascham, Antony, d. 1650.
           Riva, John Baptista, d. 1650.
           Guillim, John, 17th cent.
           Spark, William.
           Progers, Valentine.
           Arnet, William.
           Progers, Henry.
           Halsal, John.
           Great Britain -- Foreign relations -- Spain -- Early works to 1800.
           Spain -- Foreign relations -- Great Britain -- Early works to 1800.
        
      
    
       A86339  R202579  (Thomason E636_3).  civilwar no The process, and pleadings in the court of Spain upon the death of Anthonie Ascham resident for the Parliament of England, and of John Bapti Hierro, Agustín de 1651    6648 3 0 0 0 0 0 5 B  The  rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
        2007-04 TCP
        Assigned for keying and markup
      
        2007-05 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2007-07 Angela Berkley
        Sampled and proofread
      
        2007-07 Angela Berkley
        Text and markup reviewed and edited
      
        2008-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
         
           
             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
               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
               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
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A86339e-910
           
             Stylo
             Novo
             .