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He who commits Crimen leesce majestatis, a crime of high treason, cannot have the protection of the church.
But these delinquents have committed a crime of high treason.
Ergo, They cannot have the protection of the church. The second argument is of no less force.
He who commits a treacherous murder, cannot have the protection of the church.
But these delinquents have committed a treacherous murder.
Ergo, They cannot have the benefit ofthe church.
For proof of the first, Ambrosinus's, Bosius's, and Julius Clarus's opinions are clear; Gambacarta, Diana, and others concur with them; among other high-treasons, they instance in killing the King's eldest son, his brother, or any of the race royal; or the King's wife (because she is the one half of him) or a privy-counsellor of his, &c. as also, he who violates the King's salvo conducto, whereon they insist much. Now, touching that large bull of Gregory the Fourteenth, 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 petitioned against by divers; and to this day is not put generally in practice. They are the words of Evia de Bolanos in his Curia Filippica. It was petitioned against in Portugal; nor could this bull take footing in Spain, which never had such exorbitant privileges, but observed the common canonical right, which makes more for the reverence ofthe church. And whereas it may be alledged, that the said safe conduct was not to be observed by the said delinquents, because it was not published, and that it binds only from that time; whereas it maybe alledged also, that the King's safe conduct is only by royal letters, or some publick instrument, all this is of little or no validity at all; for the delinquents voluntarily confess, that they had notice, by letters from England, that this resident was come 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, being no vassals here: But this argument is of little vigour likewise; for all people, whether vassals, or not vassals, are obliged to observe the laws, in the territories of that prince where they sojourn; and, if this law takes hold on the natural vassals of any country, much more on strangers, who must not be encouraged, by any immunity, to come and offend in another country, without incurring the same severity of law.
Nor will it serve their turn to say, That all treasons are either in odium, or contemptum regis; neither whereof could induce them to that act, because they were militant in his Majesty's army, and served him with all exact fidelity; for all this concurred in Joab; for he was ever faithful, and a confident of King David's, and son to his sister Serviah.
For proof of the second argument of our discourse, viz. that he, who commits a treacherous or proditorious murder, connot have the protection of the church, the determination of his holiness Clement the Eighth shall serve; who saith, that ' not only he who kills one proditoriously, but he who kills a reconciled enemy, is deprived of the benefit of sanctuary.' Now, these delinquents destroyed this publick minister of state per insidias, appensatl, animo deliberato, etptodutoric, fraudu lently by forecast, with a deliberate mind, and proditoriously; therefore they are far from deserving the shelter of the church.
The sacred scripture takes us out of all doubt, by the act of holy and religious Solomon, when, in execution of the just commandment of David his father, he consulted how to punish Joab for having slain A liner, who had David's safe conduct, for which he fled to the church and to the altar: Fugit ergo Joab in tabernaculum Domini, et apprehendit cornu altaris: And Benaias, who had the charge of executing him, returning with this news to Solomon, he answered, Vade, inter/ice eum, go and kill him. Benaias, going again to Joab, told him the King's command, and bid him come out: Joab replied, I will not come out, but I will die here. Thereupon, Benaias going back to Solomon to inform him what Joab had said, the King rejoined, Fac sicut locutus est, et interfice eum; do as he hath said, and kill him. So Benaias, the son of Jehoiada, went up to the altar, and, assaulting Joab, he killed him. Now, it is a great question among the theologues, whether Solomon sinned in doing this? Abulensis excuseth him, giving this reason: Quia non Mi profecit tenuisse aram, quia nullum homicida insidiator habet prce' sidium: because the altar could not profit him, in regard that no treacherous man-slayer hath any protection. Add hereunto what Gaspar Sanchez and Ruperto alledge touching the same fact: Nihil debet Mi Jides altaris, qui per dolum occidendo proximum omnemfidem perdidit: the faith of the altar oweth him nothing, who lost all faith in slaying his neighbour feloniously. But Cajetan, with others, find no way how to excuse Solomon touching this business, in regard that he might, by his pretorian troops and veteran soldiers, have taken him both from the altar and the tabernacle; and so, without any note of violating religion, he might have dispatched him in some profane place, as the priest Jehoiiada commanded Athaliah to be taken out of the temple, and killed 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 voluntarily, of set purpose, with a deliberate mind, and proditoriously murder the ambassador of the parliament of England, shall be thus proved:
Certain men espied the said ambassador lighting at his lodging the same night he came; the next day, 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 us go here below (where the other three delinquents were) and said, Let us kill the resident for a destroyer of our nation: So they swore among themselves, that, if one died, all would die with him in so heroick an act: Whence this circumstance may be drawn, that this murder was committed by former consultation and with a deliberate mind. What is formerly related is confessed by the delinquents themselves, and that they came to perform this exploit two by two; for, being come to the lodging, two remained at the foot of the stairs, two on the top, and two entered. William Spark went in first; seeing two sitting at the table, he pulled off his hat, and said, I kiss your hands: Which is the resident? And, when they lenew who he was, Don John Guillim came, and, snatching him by the hair, with a naked dagger he gave him a thrust, that overthrew him; then came William Spark 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 he presently expired; whereby it appears most evidently, that the murder of the ambassador was committed per insidias, appensati, animo deliberate, et proditurii; therefore the church cannot protect them. It was done prodiioriously, in regard that Prodere est unum actibus ostendere, et aliud in mente gerere; undc homicidiumproditorium est cades hominis nihil tale swtpicantis, as Augustine Barbosa affirms. Just so was Abner killed by Joab; according to the text, he killed Abner in a dishonourable way, viz. fraudulently, when he. spoke to him peaceably, therefore Joab deserved to be deprived of the immunity of the temple; and just so was this ambassador killed, and, it may be thought, they deserve not the shelter of the sanctuary,as Joab did not.
But, methinks, 1 hear the delinquents, to extenuate their delict, whisper, that they killed 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 government; and they did operate this to vindicate the death of their King upon a regicide, an enemy to his country,and on an impostor. Moreover,one of the delinquents saith,that,m this rebellion,he killed a brother of his, with whom he had a particular enmity. To these arguments I may say, as John Garcia did in his Gloss. Nobilit. Adducuntur leviuscula quxdam argumenta, quce merito subtaceri potcrant; sed satisfaciendum est doctis pariter ac indoctis: Certain light arguments are alledged, which might have been spared; but we must satisfy the unlearned, as well as the learned. And, concerning the first,
They say, they killed the ambassador for an heretick; so was their King, whom, they pretend, he had helped to murder: But the Catholick church never held yet, that it was lawful to kill a man only for his religion; besides, this ambassador had a royal passport, and was attended all the way, from the sea-side, by his Majesty's servants; and ministers of any religion may have passports for their safety, as John Huss had, and asCharles the emperor gave Luther.
They say, this ambassador came to seduce and deceive by a book of his, which was found among his papers, and a medal which he had, which had, on the one side, Nebart, and on the other XII. and the word obstricti; and they say it signifies those twelve, which gained Nebart, and occasioned the wars: Hence they infer, that he came to deceive. There was also found a crown stabbed with a ponyard. This same argument Joab propounded to David, when he said, Ignoras AbnerJilimn Ner, quoniam ad hoc venit ad te, ut deciperet te, ut sciret exitum tuum, et introitum tuum, et muse omnia quce agis. Thou knowest not Abner the son of Ner; for he is come hither to deceive thee, to know thy goingout and thy coming in, and to pry into all things thou dost, as the sacred text tells us: 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.
. * * Q3
To come now to a conclusive point, and final period of this plea . The punishment of these men, for having fraudulently, by prepense malice, with a deliberate mind,and proditoriously murdered the ambassador of the parliament 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 immunity of the church) is required by six parties that are interested therein, viz.
1. By God himself.
2. By the King.
3. By his subjects.
4. By the publick cause.
5. By the fiscal of the council.
First, God requires it, who watcheth over all crimes, especially those of blood, which cry for vengeance more than any, therefore the procrastination hereof would be offensive to his divine Majesty.
Secondly, The King (whom God preserve) requires speedy execution, in regard some grave doctors do doubt, whether 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 legacy.
Thirdly, the subjects of the King our Lord require a hastening of the punishment; because it troubles them to see, hard before the King's eyes, and in the Catholick court, so horrid and siulden a murder committed: Qumido accidunt aliquamala et horrenda, qua sunt penitiis inopinata, solent homines nimium turbari, etiamsi ad illos mala ilia non pertineant; quia ergo mors Abntr erat malum quoddam rarnm et inopinatum, subito, itlo audita, turbati sunt omnes Israelite. When some horrid, unexpected, and unusual mischiefs happen, people use to be strangely troubled, though it nothing belongs unto them; therefore, because Abner's death was a kind of extraordinary, sudden mischief, all Israel was troubled at it, as Abulensis speaks upon the second of Kings.
Fourthly, The publick cause requires a sudden execution of justice upon these deliquents, because they murdered two men by fraud, quorum opera utilkvidebaturfuturcereipublica, whose negotiation was to be profitable to the commonwealth* as Gaspar Sanchez saith.
Lastly, The fiscal requires justice for God, for the King, for his fellow-subjects, for the publick cause, and for himself, who concludes with Cokier, in his treatise de legato,
Ac perde has animas, patriam bonus eripe noxd.
To shut up all; the justified cause cries out for speedy justice, in regard that these delinquents murdered an ambassador of the parliament of England. Now to every ambassador there is owing an extraordinary respect, especially to the ambassadors of England; they slew him,though they knew that he had his Majesty's safe conduct; they slew !him in the Catholick court, where the right of nations useth to be kept inviolable, and more solemnly than any where else, whereby they committed not only a foul, treacherous murder, but treason in a high degree against his Majesty; they surprised the ambassador and his secretary at dinner, a harmless hour; they came in like friends; wherefore it may justly be inferred, that this murder was committed per insidias, ammo deliberato, appensate, et proditorii; by fraud, with a deliberate mind, by forecast, and treacherously. Touching the circumstances, their own spontaneous confessions make them good; therefore both God, the King, all the vassals of this court, the publick cause, and the fiscal of the council demand a speedy and actual execution of justice upon them, notwithstanding the depending process, and pretensions 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 Dr. Hieronymo Hierro, knight of the order of Calatrava, against John Guillim, William Spark, Valentine Progers, Jo. Halsal, William Arnet, and Henry Progers, who are detained still in prison for killing Anthony Ascham, resident for the parliament of England, and John Baptista Riva, his interpreter; all except Henry Progers, who, being formerly known to the Venetian ambassador, fled to his house for protection, and so made an escape. The suit is still depending, and no resolution taken, in regard the church stands so earnestly for them; insomuch that it is not known when it will be determined.
TRUE NARRATIVE AND REL4TI0N*
MOST SACRED MAJESTY^
MIRACULOUS ESCAPE FROM WORCESTER,
On the Third of September, 1651, till his arrival at Paris. Printed at London, for G. Coiborn, ]66o. Quarto, containing eight pages.
FORTUNE had now twice counterfeited and double-gilt the trophies of rebellion, and its brazen trumpet repeated victory, betrayed, or Prostituted, before at Dunbar, and now ravished at Worcester, by nu
* This is the. ICOth number in the catalogue of pamphlets in the Slarleian Libiary.