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A60846 Some remarkable observations on the proceedings against Sir Thomas Armstrong in His Majesties court of Kings-Bench at Westminster, upon an outlawry for high-treason &c. : as also on what passed at his execution at Tyburn and the paper then delivered to the sheriffs of London and since published. Armstrong, Thomas, Sir, 1624?-1684. 1684 (1684) Wing S4593; ESTC R35196 4,825 2

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Some Remarkable OBSERVATIONS ON THE PROCEEDINGS AGAINST Sir Thomas Armstrong In His Majesties Court of Kings-Bench at Westminster Upon an Outlawry for High-Treason c. AS ALSO On what passed at his Execution at Tyburn and the PAPER then delivered to the Sheriffs of London and since Published IT is not with intention to overcharge the too Exuberant Press or increase the number of Prints that these ensuing Remarks are now Published But considering the Age we now live in and the Persons amongst whom who are too ready to take any advantage to Palliate the Treasons and Conspiracies they have been found Notoriously Guilty of and rather to Arraign the Laws that adjudged them than Confess the Guilt they are adjudged of That I have undertaken a little to look back on the Proceedings against an the last Words of Sir Thomas Armstrong If ever any People had cause to say they lived under a Good and Gracious Governour and an Equal and Impartial Government it is certainly our selves for as on the one Hand we ought to bless God for the Life and welfare of our present Monarch so on the other for the Equal and Impartial Justice we enjoy under him It is not with us as in Times un-forgotten that our Lives Liberties and Estates were at the Disposal of an Unjust and Tyrannical Usurpation we have no High Courts of Injustice no unordinary Proceedings that must be Warranted by subsequent Acts or Votes in Parliament to avouch their Legality but every Man may set under his own Vine and sing a Requiem to himself in Peace and Plenty well knowing that the increase of his Labour and Industry is his own Propriety unless he justly makes a Forfeiture thereof by his Traterous and Criminal Actions Yet such are the Positions of too many amongst us that we are apt to Quarrel with the Benifits we Enjoy and Calumniate those Laws that Protect us and those very Ministers by whose Just and Wise Disposal that Protection is derived to us But I look not on it as any great Wonder to hear the Thief complain of the Halter and Traytor at the Severity of the Sentence self love induces him to Plead some what for his Justification tho of all Men our present Sufferrer had on due consideration least to say for himself which we now come to Examine A Horrid Conspiracy against the Life and Person of his Sacred Majesty his Royal Brother and the Government was on foot several of the Conspirators received Sentence and were justly Executed for the same others Fled amongst which number Sir Thomas Armstrong was not the least nor last that avoyded Justice for which he stood duly Outlawed and five hundred Pounds by Proclamation set upon his Head as a Reward to him who should Apprehend him Upon which about a year after he was taken beyond the Seas brought over and Committed to the Goal of Newgate and by Habeas Corpus on Saturday the 14th of this last June brought up to the Kings-Bench-Bar at Westminster where he was Arraigned upon the said Outlawry and demanded what he could say for himself why Execution should not be Awarded against him upon that Attainder according to Law His pretence was that he was beyond Sea at the time of the Outlawry and begged to be Tryed urging as a point of Law the Statute of Edward the Sixth which provides That if a party Outlawed should within one year next ensueing the said Outlawry pronounced or Judgment given upon the said Outlawry Yeild himself to the Lord Cheif Justice of England for the time being and offer to Traverse the Inditement or Appeal whereupon the said Outlawry should be pronounced as aforesaid That then he should be received to the said Traverse and being thereupon found not Guilty by the Verdict of Twelve men he should be acquitted of the said Outlawry c. But pray let us consider this Plea and let any Impartial Eye take a view thereof If such party so Outlawed yeild himself Is it for a man to yeild himself to the Law to run away shelter and abscond out of the sight and reach of it to defie all Proclamations and stand out from the legal and repeated Summons thereof and when at last by the care and caution of the Government he is forcibly taken and against his will brought in a Prisoner to offer then to submit himself and to take hold of what was never intended for him If this be a yielding according to the Statute then Sir Thomas Armstrong might tolerably enough pretend the same But the Law is not to be Baffled Had he indeed thro Remorse of Conscence came and flung himself at the Feet of his Offended Majesty and humbly have submitted his Head a Forfeit to Justice or through sense of his Innocency appealed to the Law and Justice of the Government it might have born some weight and without all doubt he would have had the favour of his Prince and provision of the Law which in this Case he was justly and regularly A. bridg'd of Nor could he as in a further part of the said Proceedings is by him urged claim any Right by what had been offerr'd to another Criminal in his Case A little while a go says he there was one in this Place had the benefit of a Tryal offered him if he would accept it that is the thing I now Desire and I thank God my Case is quite another thing this I kn●w my own Innocency and I desire to make it appear by a Tryal This he meant by Mr H●lloway but what was offerred to him was the Product of his Majesties Imparralel'd Bounty and could never be demanded as a Debt which was free Grace and Favour But their Cases says Sir Thomas Armstrong were different true the one had Confessed his Crimes and in some measure begged his Majesties Mercy but the other in a Contumelious Stubbornness tho the same had been ten times more palpably proved against him stood out and disowned it in contradiction of the said Proofs and even of the Circumstanses he then stood under for had he been Innocent why at that time of the Day did he demand a Tryal he might have had it before his Conscious Breast had enticed him from his Wronged Country or if the sense of Innocency had been so prevalent upon him why did it not bring him in to take hold of that benefit the Law provided for him But alas these pretences have other meanings than at fi●st sight they import they are ad Captandum Populum to make the P●r-blind Multitude who can see no further than what is before them apprehend Hardship and Illegality in the proceedings against the Criminal and consequently stir them up at least to a mutinous and Seditious Pity if not a Rebellious Revenge But thus for as to the Proceedings let us now look into the Words he said at the place of Execution viz. Sir Thomas Armstrong Mr. Sheriff do you purpose to ask me any Questions Sh. Daniel No Sir