The Process, and Pleadings In the Court of Spain upon the death of Anthony ASCHAM Resident for the parliament of ENGLAND, And of John Baptista Riva his Interpreter, 
who were killed by 


John Guillim,  
William Spark,  
Valentine Progers,  
Jo. Halsal,  
William Arnet,  
Henry Progers.      
Who are all in close prison in Madrid for the said fact, except Henry Progers, who fled to the Venetian Ambassador's house, and so escaped.  
Sent from Madrid from a person of quality and made English.  
LONDON, Printed by WILLIAM DU-GARD, Printer to the Council of STATE. 1651.   

To his truly honoured friend Sr W. Butler Knight.  
SIR!  
YOur Desires to me are equivalent to Decrees, which I shall be always ready to put in execution, as far as I can, and never be 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; we cannot conjecture yet what will become of them, for the Church stands 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 appears abroad in some lustre with his Coach and lackeys, whereas before he kept retired and invisible. Catalunia is like to be reduced this summer, for there are mighty forces both by Land and Sea to that purpose.  
No more now, but that I am always  
Your ready and most real servant 
 R. W. Madrid this 8th of May, 1651.   


The whole discourse analysed.  This Plea doth partition itself into sundry particulars. 


1. THe manner and circumstance of the Fact is punctually related, with the names and distinction of the Actors.  
2. The atrocity and heinousness of the Fact is aggravated, being committed upon the person of a public Minister of State, viz. the Ambassador or Resident of England, whose person should merit more particular respect in the Catholic Court in regard of the precedencies which were always given in England to the Spanish Ambassadors.  
3. Divers testimonies are produced how that the persons and office of Ambassadors are sacred, &c.  
4. It is proved that this public Minister had the safe conduct, and consequently the protection of his Catholic majesty, which makes the offence reflect upon him, and is punishable by his own royal Justice, and so the Delinquents are not to be transmitted elsewhere for their punishment.  
5. A parallel twixt the death of Ascham and Abner, who had King David's safe conduct.  
6. The holy Church cannot protect so proditorious a murder, as it is proved 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 royal AGAINST Don John Guillim, William Spark, Valentine Progers, and William Arnet, Jo. Halsal, Englishmen, who say they are, and are detained in the royal prison of this Court, For having traitorously, and upon propens malice killed Anthony ASCHAM Ambassador, or Resident of the parliament of England, who came and entered into this Court by virtue of the safe conduct of the King our Lord (whom God preserv) and John Baptista Riva a Genuës, being Interpreter, or secretary of the said Resident. The immunity of the Church, which they pretend, cannot avail them, Nor ought the Plea of that immunity hinder the imposing and executing upon the said Delinquents the punishment that corresponds with their offences, as will be proved in the ensuing Charge.  

The Accusation or Charge.  
THe disaster and death of Charles Stuart 
Stylo Novo.  King of England happened the 9 of Febr. 1649. The parliament 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 any where, are Ambassadors. I could produce a cloud of Authors upon this argument, who treat of and declare, who have capacity 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, called The Ambassador, do amply aver: But whether the Person sent lately by the parliament of England was an Ambassador or Agent, or Resident, as the Delinquents term him, or most properly an Orator (for he came to deprecate peace) whether he was all these, or any of these it matter's not; for any of these may style him a Legate, and make him deserve that title; and the same security is due to all those titles, as Hotoman upon this theme resolves the point, with others.  
2. This Ambassador, or Resident sent by the parliament of England, called Anthony 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, he went in quest of him to the Port Santa Maria, and did let him know that he was sent by the parliament of England in quality of an Agent to the Court of Spain. The Duke lodged him thereupon, and according to his accustomed attention and prudence, by which he always operates, sent to tell him, that in regard it was the first negotiation between Spain and the parliament of England, he could do nothing in the business, till he had first given an account to his majesty, as he did the 27 of March, which came to Madrid the second of April, and the same day 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 convoied to the Court accordingly in safety. The twentieth of April the Resident (having been sick before) began his journey, being accompanied by the campmaster D. Diego de Moreda, and the second of June they came to Toledo, whence the campmaster sent to the Court for further Order, and Order was sent that he should pursue his journey, and that the Resident might take a house where he pleased in the Court: so they arrived at Court Sunday following at five in the evening, and Monday next after, at six in the morning John Baptista Riva, who was (He said a Genuës went in Company of a Servant of the campmaster, to Hieronymo de la Torre Knight of the Order of Calatrava, and secretary of State, the said Riva complained of the illness and incommodity of the lodging: But when the Resident and his train lighted at their lodging, 'twas observed there passed by some that went muffled, thereabouts, who were overheard to say, Essos son, these are they: so Riva delivered the secretary two letters from the parliament, saying that the Resident came under the protection of his majesty. The secretary answered, they had done ill not to have given account at the very point of their arrival, the Resident being the person he was, & being in the Catholic Court he was secure enough; and he would advertis his majesty of his coming accordingly, which he did within a quarter of an hour, charging the Camp-Master's Servant, that he should tell his Master, to continue in assisting the Resident; but an hour and half before this, the forementioned Delinquents, did proditoriously, out of propens malice, murder 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 he entered into this Court, by order from his majesty, and with his passport; so that besides, the treachery and malice of the Act, they committed capital treason, Crimen laesae majestatis in primo capite: now for every offence, there is a corresponding punishment, and for this certainly there is undoubted pain of death; therefore they have made themselves unworthy of the immunity of the Church, which they pretend.  
The business briefly doth branch itself into two Articles.  
First, The grievousness of the delict is to be considered, and the quality of the person upon whom it was committed, one, who had a safe conduct from his majesty, therefore it is crimen laesae majestatis, and perpetrated in a most treacherous and malicious manner.  
Secondly, The Church cannot give them sanctuary, 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 leave all curiosities, and go to the pitch of the business, without extending myself to any extravagant impertinencies.   


The first Article.  
TOuching the necessity and utilite of Embassies, Besoldus prosecutes 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 laws of peace or war enacted, enmities would prove immortal, slaughterings, perfidiousness; deceit and combustions would be everywhere. This so necessary and profitable a ministry, was justly called Santo officio y ministerio de los Angeles, The holy Office, and ministry of Angels; and the persons of those, who did exercise it, were held for sacred in all mens' 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 human injury. 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 human safeguard, but entrenched with divine safety; I could muster up a whole squadron of authors, both modern and ancient upon this Subject, specially King Don Alonso, who makes this security of Ambassadors his own, and defends it so; and this security is due to any ambassador, though he be suspected and false, as friar Don Goncalez resolves the point in his history of China, and Besoldus also, and although the said Ambassador come to deceive and collude, or that he be an enemy, 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 security be due to an Ambassador, that comes to entrap, yea, to an enemy, how much more to an English Friend, in whose country the Ambassador of Spain hath, and always hath had the preeminence of the Ambassadors of all other Princes.  
Now that England should still be our friend, in statu quo nunc, and that peace should be continued with her, proceeds from right, for peace is not only made with the King, but with the Kingdom also, and although the first exspire's, the last remains. For, put case that a peace be concluded with a country, without including the King, either by carelessness, or some other accident, yet the peace stands good, for so the Polish magistrates answered the Emperor Ferdinand the 2. Faltando el Rey, se conservan con el reyno, the King failing, yet peace is to be conserved with the Kingdom. So Bodin holds, 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 some 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 remained 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 entire with the Kingdom: And his majesty himself insinuates 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 receive a differing form of government, yet the peace holds good still, because it aimed 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 Mercury relate's.  
Therefore these Delinquents failed 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 murdering him: Joab did treacherously 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, being so treacherously killed, notwithstanding that he had his safe conduct, and the privilege of an Ambassador. The Romans raised Statues to Ambassadors that were killed. Interfecto Legato Statua debetur, saith Besoldus, through all his Chapter of Legations.  
Moreover it is observable that David did not only weep, but he 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 any thing else, &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 holy text hath it, The people heard, and were pleased with every thing that David did.  
Here it is to be observed, that the people were to be satisfied herein; nor was a bare sorrow only satisfactory for this murder, but a due punishment must expiate the offence, which in regard that David himself could not do it in his life time, he left it in charge to his son Solomon in these words, fancies ergò juxta sapientiam tuam, & effudit sanguinem belli in pace; Thou shalt do according to thy own wisdom (exaggerating his speech with a reason) and he shed the blood of war in peace.  
So his Catholic majesty (God guard him) hath done out of a resentment he had of this treacherous murder, 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 murdered the Ambassador of the parliament of England, though he came with a royal passport, and so shed the blood of war in time of peace.  
Moreover this death of the Ambassador, by hindering the procedure of his embassy is no single offence, but it reflect's upon many. 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 embassy, he averts not the benefit of one man, but of many, and as he hurt's many, so he is to be argued by many. Now many are the accusers of these men, many 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 parliament of England that sent him: Therefore these men had need to have many lives to lose, for to satisfy so many whom the business concerns; so Magalotti hath it, that the punishment is to be double, in regard of the persons concerned.  
But hence may result a question, whether the punishment be to be inflicted where the Delict was perpetrated, and the King's security violated, or whether the murderers be to be sent to the Ambassador's Master, whom he represents: This was an old difference twixt Romulus and Tacius, who reigned together as Pedro Aerodo relate's the business briefly, yet elegantly. Romulus was of opinion that the Offenders were to be sent to the Ambassador's Master. But this transferring of the offender to the party offended, was always held to proceed rather from urbanity then justice, as it appears in the case of Rincon and Fregoso, which is amply related in the Annals of the Emperor Charles the fifth, it was a loud clamorous business, whereof all the corners of Christendom did ring, and every Chronicler hath it, therefore I will not molest you with so trite a thing.  
Tacius was of differing sentiment; for he would have the delict to be punished where it was perpetrated, and the reasons which the Doctors give, is, because the Lord of the territory is the more interressed, and obliged to punish the offence on the party, to vindicate his own wrongs, as in this cause his Catholic majesty is most injured, because his royal Passport is violated, and why should he have recourse to a foreign power, to desire Justice, when by the Law of Nations he may avenge the affront at home by his own. And it is most fitting they should receive punishment in this Court, rather than anywhere else, where in regard of the greatness of our King, there are continually so many Ambassadors residing, whose security may be much confirmed by the exemplary punishment of these Delinquents, and in particular, the very Ambassadors of England themselves who are sojourning here now, though opposites to the dead Ambassador, in regard of the dissensions now in England, all which must be done by a just infliction of punishment.  
But the Delinquents think to scape by the immunities of the Church, where they fled, and sheltered themselves from so grievous and atrocious a crime, aggravated by so many circumstances, by so many Accusers and interessed persons; nor according to their defence, do they confess to have committed any offence or sin at all; but they vaunt to have performed an heroic act. Now 'tis a rule that Jactantia aggravat peccatum; boasting of mischief, make's the sin the worse. St Augustin in defining sin, saith, that it is Dictum, factum vel concupitum contra legem aeternam, a thing spoken, done, or wished against the eternal Law; Him followed Thomas Aquinas, and citing Gregorio de Valentia, Father Granados pursueth the opinion, and Vasquez. Sin also is defined Transgressio legis, a transgression of the Law, now the delict of murder is opposite to all Laws, both divine and human; as also to violate the security of an Ambassador, much more to murder him, is condemned by all Laws of Heaven and Earth; therefore this can be no other than a delict, and much more precisely a sin, and a sin non nominandum, an infandous sin, much less an heroic action, or exploit of gallantry.   

The second Article.  
THat these Delinquents cannot make themselves capable of the protection of any sanctuary, will be justified by two Mediums, in form of a syllogizing Argument.  
He 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.  
He who commit's a treacherous murder cannot have the protection of the Church;  
But these Delinquents have committed a treacherous murder;  
Ergò they cannot have the benefit of the Church.  
For proof of the first, Ambrosinus, Bosius, and Julius Clarus their opinions are clear, Gambacarta, Diana and others concur with them; among other high Treasons they instance in killing the Kings 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 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 petitioned against by divers, and to this day, it 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 of the Church. And whereas it may be alleged that the said safe Conduct was not to be observed by the said Delinquents, because it was not published and that it binde's only from that time; whereas it may be alleged also that the King's safe Conduct is only by royal Letters, or some public 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 to 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 no 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 will 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 concured 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 commit's a treacherous, or proditorious murder, cannot have the protection of the Church; the determination of his Holiness Clement the 8th 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 public Minister of State per insidias, appensatè, animo deliberato, & proditoriè, fraudulently, by forecast, with a deliberate mind, and proditoriously, therefore they are far from deserving the shelter of the holy 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 Abner, who had David's safe Conduct, for which he 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, he answered vade interfice eum, Go and kill him; Banaias 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 Banaias going back to Solomon to inform him what Joab had said, the King rejoined: Fac sicut locutus est & interfice eum, do as he hath said and kill him. So Banaias the son of Jehoida went up to the altar, and assaulting Joab, he killed him; Now 'tis 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, because the altar could not profit him, in regard that no treacherous manslayer hath any 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 neighbour feloniously. But Cajetan with others find no way how to excuse Solomon touching this business, in regard that he might by his praetorian 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 Joiada commanded Athalia 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 fraudulently, 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's go here below (where the other three Delinquents were) and said, let's 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 heroic 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 knew 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 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 he presently expired, whereby it appears most evidently, that the murder of the Ambassador was committed, per insidias, appensatè, animo deliberato, & proditoriè, therefore the Church cannot protect them. It was done 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 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 well be thought, they deserve not the shelter of the sanctuary, as Joab did not.  
But me thinks I here the Delinquents, to extenuate their delict, whisper that they killed the said Ambassador for an heretic, for a disturber of the public 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 in this rebellion he killed a brother of his, with whom he had particular enmity, 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 spared, but we must satisfy the unlearned, as well as the learned, and concerning the first,  
They say, they killed the Ambassador for an heretic, so was their King, who they pretend he had helped to murder; but the Catholic 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 seaside by his majesty's Servant; And Ministers of any religion may have passports for their safety as John Huss had, and as Charles 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 XII. which gained Nebart, and occasioned the wars: Hence they infer, that he came to deceive, there was also found a Crown stabbed with a poniard. This same argument Joab propounded to David, when he said, Ignoras Abner filium never, 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 never, for he is come hither to deceive thee, to know thy going out, and thy coming in, and to pry into all things thou dost, 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 come now to a conclusive point, and final period of this plea, the punishment of these men for having fraudulently, by propense 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 interessed therein. Viz.  

1. By God himself.  
2. By the King.  
3. By his Subjects.  
4. By the public cause.  
5. By the fiscal of the Council.   
First, God requires it, who watcheth over all crimes specially those of blood, which cry out 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 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 legacy.  
Thirdly, The Subjects of the King, our Liege Lord, require a hastening of the punishment, because it troubles them to see hard before the King's eyes, and in his Catholic Court, so horrid and sudden a murder 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 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 Israël was troubled at it, as Abulensis speaks upon the 2 of Kings.  
Fourthly, The public cause requires a sudden execution of justice upon these Delinquents, because they murdered two men by fraud; quorum opera utilis videbatur futura Reipublicae, whose negociation was to be profitable to the commonwealth, as Gaspar Sanchez sayeth.  
Lastly, The Fiscal requires justice for God, for the King, for his fellow-Subjects, for the public-cause, and for himself, who concludes with Cokier in his treaty de Legato.    

Ac Perde has animas, patriam bonus eripe noxâ.  
To shut up all, the justified▪ an● 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, specially to the Ambassadors of England; they slew him, though they knew that he had his majesty's safe conduct, they slew him in the Catholic Court, where the right of Nations useth to be kept inviolable, and more solemnly than anywhere else, whereby they committed not only a soul 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, por insidias▪ animo deliberato, appensatè & proditoriès 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 public-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 Doctor Hieronymo Hierro, Knight of the Order of Calatrava, against John Guillim, William Spark, Valentin 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, in so much that it is not known when it will be determined.   
FINIS.