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ted, he told them his cause was good and that, he had not only a com mission, but particular orders for what he had done, from his Majesty, which he was engaged to be a servant to, and they also had professed to comply with; and upon that account, however they dealt with him, yet he would own them to be a true parliament. And he further told them, that if they would take away his life, the world knew he regarded it not; it was a debt that must once be paid, and that he was willing, and did much rejoice, that he must go the same way his Majesty did, and it was the joy of his heart, not only to do but to suffer for him. His sentence was, to be hanged upon a gallows thirty feet high, three hours at Edinburgh-cross; to have his head struck off, and hanged upon Edinburgh tollbooth, and his arms and legs to be hanged up in other publick towns in the kingdom, as Glascow, &c. and his body to be buried at the common burying-place, in case his excommunication from the kirk were taken off, or else to be buried where those are buried that are hanged. All the time while sentence was giving, and also when he was executed, he seemed no way to be altered, or his spirit moved, but his speech was full of composure, and his carriage as sweet as ever I saw a man in all my days. When they bid him kneel, he told them he would, he was willing to observe any posture, that might manifest his obedience, especially to them who were so near in conjunction with his Majesty. It is absolutely believed, that he hath gained more by his death, than ever he did in his life. The Scots are listing forces here, and have named their officers; they intend to make up their army twenty-five thousand, they are very much startled at the marching of the English army northwards. By the next you shall hear further from
Edinburgh, May 21, 1760.
Further by another express from Edinburgh of the same date, thus:
YESTERDAY, after the sentence was pronounced against Montross, he said, That tho' he was cried out against for a bloody man, yet he never committed any act of cruelty, nor took away any man's life, but in an hostile way.
After he came to the place of execution, having been so used as before, he spoke to this purpose to one that was near him: You see what compliments they put upon me, but I never took more delight in all my life, in riding in a coach, than I did in this manner of passage to this place.
His late declaration and the history of his transactions were tied at his back, when he was hanged, but he would have nothing to do with the ministers who stood at the end of the scaffold.
The places where Montross's quarters are to be set up, are, Glascow, Sterling, Perth, alias St. Johnson, aud Aberdeen.
A letter out of Ireland, more fully concerning the taking of Clonmelt.
THIS day we entered Clonmell, which was quit by the enemy the last night, about nine of the clock, after a tedious storm, which continued four hours. Our men kept close to the breach, which they had entered, all the time, save only one accidental retreat in the storm. We lost in this service Colonel Cullum, and some other officers, with divers private soldiers, and some others wounded. The enemy had made many great prepartions within, by a traverse or cross work, and so beat our men off, as they entered; but afterwards many of them stole out of the town, and left some few, with the inhabitants, to make conditions. In the morning, our forces pursued and killed all they could light upon. The town is a very strong place, and I hope the getting of this garison will be of good use for the gaining of others, which depended upon this. The English under Ormond and Inchequeen are come in, and as many as desired had passes to go beyond seas, and the rest have leave to live quiet at home. I am Clonmell, May 10, 1650.
Your affectionate friend,
For Argyle's Last Will, See VOL. II. p. 508.
The Process and Pleadings
IN THE COURT OF SPAIN,
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, and 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 Dugard, printer to the council of state, 1651. Quarto, containing twenty pages.
To his truly honoured friend Sir W. Butler, Knight.
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 *This is the 38th Number in the Catalogue of Pamphlets in the Harleian Library.
in 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 Hyde are parted, and departed from this court, the first to Valladolid, the other for Flanders; and since that time Mr. Fisher appears abroad in some lustre with his coach and lacquies, whereas, before, he kept retired and invisible. Catalonia is like to be reduced this summer, for there are mighty forces both by land and sea, to that purpose.
Madrid, this 8th of May,
No more but that I am always
Your ready and most real servant,
The whole discourse analysed.
This plea doth partition itself into sundry particulars.
FIRST, The manner and circumstance of the fact is punctually related, with the names and distinction of the actors.
Secondly, The atrocity and heinousness of the fact is aggravated, being 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 always given in England to the Spanish ambassadors.
Thirdly, Divers testimonies are produced how that the persons and office of ambassadors are sacred, &c.
Fourthly, It is proved that this publick minister had the safe conduct, and consequently the protection of his Catholick 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.
Fifthly, A parallel betwixt the death of Ascham and Abner, who had King David's safe conduct.
Sixthly, The holy church cannot protect so proditorious a murther, as it is proved by forcible reasons.
Seventhly, Important arguments for a sudden execution of justice. upon the offenders, &c.
The learned and elaborate charge of Dr. 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, William Arnet, and Jo. Halsal, Englishmen, who say they are, and are detained in the Royal Prison of this court, for
having traiterously, and upon prepense 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 preserve, and John Baptista Riva, a Genoese, 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.
1. THE disaster and death of Charles Stuart, King of England, happened the ninth of February, N. S. 1649. The parliament of England, governing the kingdom afterwards, sent an ambassage to the King our Lord, whom God guard; and Besoldus saith, that qui à belli Ducibus Gubernatoribusque 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 matters not; for any of these may stile him a legate, and make him deserve that title; and the same security is due to all those titles, as Hotoman upon his 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 Calais the twentyfourth 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 twentyseventh 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 conveighed to the court accordingly in safety. The twentieth of April, the resident, having been sick before, began his journey, being accompanied by the camp-master, Don 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 he should pursue his journey, and that the resident might take a house where he pleased in the court. So they arrived at court the Sunday following at five in the evening; and Monday next after, at six in the morning, John Baptista Riva, who was, he said, a Genoese, went in company of a servant of the camp-master, 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, it was observed there passed by some that went muffled, thereabouts, who were over-heard 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, that they had done ill, not to have given account at the very point of their arrival; the resident being the person he was, and being in the catholick court he was secure enough; and he would advertise 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 fore-mentioned delinquents did proditoriously, out of prepense 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 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 læsæ 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 læsæ 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 pinch of the business, without extending myself to any extravagant impertinencies.
The First Article.
Touching the necessity and utility of ambassies, Besoldus prosecutes this subject at large, together with Pascalio Benavente and Marsellaert, in their learned dissertations. But Pedro Ærodo may be said to com→ prehend all, in these elegant words: Legatorum munus perquam utile est, ac perquam necessarium, nam sine iis nec fœdera iniri possunt, nec belli leges pacisq; dici; inimicitiae essent immortales, insidia, cedes, ubiq; essent. The function of ambassadors is both profitable and necessary, for without them there can no confederation be made, nor any