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A63336 A true account of the proceedings against John Ayloff, and Richard Nelthorp Esquires at the King's-Bench-Bar Ayloffe, John, d. 1685.; Nelthorpe, Richard, d. 1685. 1685 (1685) Wing T2390; ESTC R516 3,118 4

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A TRUE ACCOUNT OF THE PROCEEDINGS AGAINST Iohn Ayloff AND Richard Nelthorp Esquires AT THE King's-Bench-Bar On the 27 th of October 1685. Relating to their award of Death upon their being Out-Lawed for HighTreason in conspiring the Death of his late most Sacred Majesty Charles the Second of Ever Blessed Memory Together with their Behaviour Confession and Manner of Execution on the 30 th of October in the year aforesaid On which day Richard Nelthorp was executed on a Gibbet Erected at Greys-Inn-Gate in Holbourn and Iohn Ayloff on a Gibbet Erected at Chancery-Lane End in Flee●●street Both Quartered as in Case of High-Treason SUch are the horrid crimes of Treason and Murder that by daily experience we see they seldom go unpunished even in this life The Wise man gives wholsome advice when he fore-warns men to take heed they do not curse the King altho' it be in their secret Chambers lest the Fowles of the Ayr make discovery thereof much more ought men to Tremble at the thoughts of any undertaking against the life of God's Vicegerent It is a horrid murder for a private man to compass the Death of his Father and much more horrid the Father of his Country for altho' men may think to flee out of one Country into another and secure themselves from the vengeance due to such crimes yet Providence so orders it that those very methods they take for their security commonly brings them to Justice as we have a fresh Example of the persons now brought thereto Iohn Ayliff and Richard Nelthorp Esquires men whose Education is against them and who were not Ignorant of the Law yet having once violated the same by joyning in the horrid Conspiracy against the life of the mercifulest of Kings his late Majesty of ever blessed memory his present M●jesty the utter subversion of the Government c. They were not content by fleeing from Justice to live in contempt of the of the Law but to imploy that time God permitted for their Repentance in the enterprize of fresh Treasons against his most sacred Majesty that now is Iohn Ayloff took his lot with the late Earl of Argyle setting up for one of the Rulers of the Scotch Commonwealth and after the design was blasted and he amongst others taken the sence of his Guilt run him forthwith upon the Rock of Despair by laying violent hands upon himself and with a Pen-Knife or other Instrument which he carried about him he rips up his own belly as far as Nature would suffer him but God in Mercy to his Soul so ordered it that he did not Dye thereof but after a long illness Recovered and was with others of those traytors brought for England and soon after committed to Newgate where he remained Eight or Ten Weeks Rich. Nelthorp a Person brought up to the Law but leaving that Study engage d in the R●e-house conspira cie and with the said Ayloff be●●● since attainted by Out-Lawry of High-Treason was of those who came over with the late Duke of Monmouth● and one of the principal Captains in that Western Rebellion Soon after the deseat of the Rebels being taken and committed to some Goal in the West Country was from thence brought to Newgate where his Crimes had little better Effect then the other in Scotland behaving himself for sometime like a Person destracted and very impatient under the sufferings which his Treason had brought upon him On Monday the 26 th of October 1685 Upon the motion of the King's Council a Habeas Corpus was granted to bring up these two Criminals to the King 's Bench-Bar at VVestminster and being accordingly on Tuesday the 27 th Ditto brought up by the Keeper of Newgate to the said Bar. The Lord Chief Justice Herbert and the other Judges of that Court sitting on the Bench. First Mr. Ayloff was called to hold up his hand and told that he had been Indicted by the Name of Iohn Ayloff late of London Esq for High-Treason in conspiring the Death of his late Majesty the subversion of the Government c. That he had thereupon been Out-Law'd and stood attainted of High-Treason was therefore askt what he had to say why Judgment should not be awarded for him to dye according to Law To which Mr. Ayloff at first replyed he had been out of the Land and did not know of it at last said that he had seen or heard only of a printed Tryal of Captain Walcot wherein Mr. West had made some mention of him but he desired to know what was sworn against him by the Witnesses Then the same Method being used to Mr. Nelthorp he answered very little only said he had not conspired the Death of the King After that the Lord Chief Justice in an Excellent Speech declaring that it was no hard case for Traytors to be Executed upon an Out-lawry and how inexcusable they of all men were who had not only fled from Justice deprived themselves of a Tryal by standing in contempt of the Law but ingaged since in other Treasons and Rebellions his Lordship also giving them divers Christian admonitions to improve the short time they had left for the good of their Immortal Souls In conclusion told them that nothing remained for that Court but to award Judgment upon the Out-lawries And a Rule was made for their Execution on Fryday the 30th day of the said Moneth as in Cases of High Treason Mr. Ayloff then desired he might have the liberty of his Friends coming to him and the same being granted provided it was in the presence of a Keeper they were remanded to Newgate On Thursday the 29th Ditto one of his Majesties Council moved the Court of Kings Bench that whereas a Rule was made for the Execution of the said Iohn Ayloff and Richard Nelthorp as the next day for a more publique Example one of them viz. Ayloff might be Executed over against the Temple Gate in Fleet-street and Nelthorp against Grayes Inn in Holborun to which Inns of Courts they did formerly belong when they Studied the Law and the Court ordered it to be done accordingly Pursuant to which Rules of Court on Fryday the 30th Ditto about ten in the Forenoon first Richard Nelthorp was drawn from Newgate on a Sled to a Gibbet erected over against Grayes Inn Gate he had on a Black Sute and two in Black Habit went by the Sled viz. on each side one After it followed an Elderly Person also in Mourning he was but a short time at the Gibbet before Executed he spoke to several that were near him with a seeming cheerfulness Praying also with great earnestness and to appearance at this last moment of his Life submitted with greater patience to the punishments which his Treasonable practices had brought upon him then he did during his Imprisonment very readily addressing himself to undergo the Sentence which the Law had pronounced He had on a Whlte Sattin Cap over a Linnen one and himself helped to pull it down over his Face Being turned off he Hanged the usual time and then was Quartered c. Iohn Ayloff by some called Col. Ayloff according to the Rule of Court made for his Execution was delivered by the Keeper of Newgate on the 30 th of October to the Sheriffs of London and Middlesex between Ten and Eleven in the Morning when being put into a Slead he was conveyed through the Old-Bayly and Fleet-street to a Gibbet Erected between Chancery-Lane End and one of the Temple Gates where upon his arrival being in the Slead he confessed that he was in the Rebellion raised by Argile in Scotland and was Conscious of the late Conspiracie that he suffered justly and deservedly praying for the King and desiring the Prayers of all people but more especially of those that were spectators after which and the like Expressions he came out of the Slead again and desired God to bless all present lifting up his hands and Eyes towards heaven when looking upon the Gibbet he ascended and in ascending repeated his Prayers for the People praying to God to keep them in the right way of Loyalty and Obedience c. and to preserve the Protestant Religion being ascended he prayed a while to himself and turning at the request of the Executioner his Back to the Ladder he said that he was now willling to dye but bid the Executioner not to turn him off till he gave notice the signal being the lifting up his hands when being bid to go somewhat lower on the rounds of the Ladder the sooner to put him out of his pain when turned off he after having prayed a while said he was ready biding the Executioner turn him off which was accordingly done when having hang'd about half an hour he was cut down and quarter'd according to Sentence and his Quarters to be disposed of at the pleasure of the King This may be Printed R. L. S. October the 30th 1685 LONDON Printed by D. Mallet 1685.