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B04842 The proceedings against Sir Thomas Armstrong, in his Majesties Court of Kings-Bench, at Westminster, upon an outlawry for high-treason, &c. As also an account of what passed at his execution at Tyburn, the 20th. of June 1684. Together with the paper he delivered to the sheriffs of London, at the same time and place. Armstrong, Thomas, Sir, 1624?-1684. defendant.; England and Wales. Court of King's Bench. 1684 (1684) Wing P3548; ESTC R182128 7,399 4

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THE PROCEEDINGS AGAINST Sir Thomas Armstrong In His Majesties Court of Kings-Bench at Westminster upon an Outlawry for High-Treason c As also an Account of what passed at his Execution at Tyburn the 20th of June 1684 Together with the Paper he delivered to the Sheriffs of London at the same time and place De Term. S. S. Trin. Anno Regni Regis Carol-II xxxvl Die Sabbati 14. Junii an Dom. 1684. B. R. Dominus Rex versus Thorn Armstrong Mil. This day Sir Thomas Armstrong was brought to the Bar of the Court of Kings-Bench at Westminster by vertue of a Writ of habeas Corpus directed to the Keeper of the Goal of Newgate which writ was on his Majesties behalf moved for on Thursday last by Mr. Attorney General The return of the writ was read by the Clerk of the Crown by which it appeared he was in the Custody of the Keeper of Newgate by a Warrant from the honourable Sidney Godolphin Esq one of his Majesties Principal Secretaries of State which warrant followeth in haec verba Sidney Godolphin Esq one of his Majesties m●st Honourable Privy Council and principal Secretary of State THese are in his Majesties Name to Authorize and Require you to receive into your Custody from on Board his Majesties Yatch the Catharine Captain Davis Commander the Person of Sir Thomas Armstrong Knight Outlawed for High-Treason and him safely to keep in his Majesties Prison of Newgate till his Majesties pleasure be farther known And for so doing this shall be your warrant Given under my Hand and Seal at Whitehal this 10th day of June 1684. In the 36th Year of his Majesties Reign S. Godolphin To Captain Richardson Keeper of his Majesties Prison of Newgate Lord Chiefe Justice WHat would you have Mr. Attorney Mr. Att. G. Have you the Outlawry there Cl of the Cr Yes Sir here it is Mr. Att. G. That which I humbly pray my Lord is an award of Execution for the King against Sir Thomas Armstrong upon the Outlawry L. Ch. Just First we must File this Return Mr. Att. G. I pray it may be Filed L. Ch. Just Let it be Filed Now what do you desire Mr. Attorney Mr. Att. G. My Lord I pray an Award of Execution upon the Outlawry L.Ch. Just Arraign him upon the Outlawry Cl. of Cr. Thomas Armstrong hold up thy hand Which he did Thou hast been Indicted in London by the name of Thomas Armstrong of London Knight of High-Treason for Conspiring against the King's Majesties Life and the Government For not appearing to Plead and Try that Indictment by due Process of Law issued against thee upon that Indictment thou standest Outlawed and thereby Attainted of the same High-Treason What hast thou to say for thy self why Excution should not be Awarded against thee upon that Attainder according to Law Sir Thomas Armstong My Lord I was beyond Sea at the time of the Outlawry I beg I may be Tried L. Ch. Just That is not material at all to us we have here a Record of an Outlawry against you Sir Thomas Sir Th. Armstong I desire to be put upon my Trial my Lord. L. Ch. Just We cannot allow any such thing we have nothing to do upon this Record before us but to Award Execution Captain Richardson which are your usual days of Execution Capt. Richardson Wednesdays and Fridays My Lord. Mrs. Matthews Here is a Statute my Lord. L.Ch. Just What is the matter with that Gentlewoman Sir Th. Armstrong Hold your tongue My Lord there is a Statute made in the 6th year of Edward the 6th which I desire may be read L.Ch. J. To what purpose would you have it read Sir Thomas Sir T Armstrong It giveth the Prisoner or Person Outlawed for High-Treason a years time to reverse the Outlawry if he were beyond Sea I desire it may be Read L Ch. Just Ay let it be Read Where is it do you say Sr T Armstrong it is in the sixth year of Edward the Sixth Mrs Matt Here is a Copy of it shewing a Paper L Ch J Why how now we do not use to have Women plead in the Court of Kings-Bench pray be at quiet Mistress Sir T. Armstrong pray hold your Tongue My Lord I could not come to alleadge this before because I have been a close prisoner and no body permitted to come at me I desire Councel to be assigned me at this Bar. L Ch Just For what Sir Thomas Sir T Armstrong To argue whether this Outlawry ought not to be reversed L Ch Just Read the Statute he desires Mr Att G Ay let it be Read Sir Thomas will not find it to his purpose Cl of the Cr VVhat Chapter is it L Ch Just You may easily find it about Outlawries for prease Cl of the Cr Reads Provided always and be it Enacted by the authority aforesaid that if the Party Mr. Att G Read the Clause before that Sir Samuel C of the C reads And that all Process of Outlawry hereafter to be made and had within this Realm against any Offendors in Treason being Resiant or Inhabitant out of the Limits of this Realm or in any the Parts beyond the Sea at the time of the Outlawry pronounced against them shal be as good and effectual in the Law to all intents and purposes as if any such Offenders had been Resident and Dwelling within this Realm at the time of such Process awarded and Outlawry pronounced L. Ch. Just read on the next Paragraph Cl. of Cr. reads Provided alway and ●eat enacted by the Authority aforesaid That if the Party so hereafter to be Outlawed shall within one Year next after the said Outlawry pronounced or Judgment given upon the said Outlawry yield himself unto the Chief Justice of England for the time being and offer to Traverse the Indictment or Appeal whereupon the said Outlawry shall be pronounced as is aforesaid That then he shall be received to the said Traverse and being thereupon found not Guilty by the Verdict of Twelve Men he shall be clearly acquitted and discharged of the said Outlawry and of all Penalties and Forfeitures by reason of the same in as large and ample manner and form as though no such Outlawry had been made any thing herein contained to the Contrary in any wise notwithstanding Mr. Att. Gen. Sir Thomas I suppose now will shew he Yielded himself to your Lordship L. Ch. Just This is the first time I have seen Sir Thomas Sir T. Armst My Lord I have been a Prisoner and the Year is not yet out I now render my self Mr. Att. Gen. Before he went out of England he might have rendred himself and been Tried if he pleased Sir T. Armst I am within the benefit of the Statute I conceive my Lord. L. Ch. Just. We think otherwise Sir Thomas Sir T. Armst I think my Lord the Statute is plain in the Case L. Ch. Just We are of another Opinion then you are it doth not reach your Case Sir T. Armst The Year
is not out and therefore I come time enough now and here I am and desire the benefit of this Act. L Ch Just Sir Thomas you should have rendred your self to me Sir T. Armst I do it now my Lord and the year is not yet out L Ch Just VVe cannot take notice of that we have nothing but the Outlawry and you did not render your self according to that act but are brought as a Prisoner before us now Sir T. Armst My Lord I beg I may have Counsel to plead for me in this Case L Ch Just For what reasons VVe are of opinion it is not a matter of any doubt For you must not go under the apprehension that we deny you any thing that is Right there is no doubt nor difficulty at all in the thing Sir T Armst Methinks my Lord the Statute is plain L Ch Just So it is very plain that you can have no advantage by it Cap Richardson you shall have a Rule for execution on Friday next Sir T Armst I would only take notice of one thing my Lord may I speak L Ch Just Ay Sir Thomas very freely what you please Sir T Ar A little while ago there was one in this place had the benefit of a Trial offered him if he would accept of it that is the thing I desire no●● and I thank God my Case is quite another thing than his I know my own innocence and I desire to make it appear by a Trial. L. Ch. Just. Sir T. Armstrong you may go away with what Opinion you please of your own Innocency but you are here Attainted by Outlawry That which was done to him you speak of was the Grace and Mercy of the King and he may if he please extend the same grace and favour to you but that is not our business We are satisfied that according to Law we must award Execution upon this Outlawry Mrs. Matthews My Lord I hope you will not Murder my Father this is murdering a Man L. Ch. Just. Who is this Woman Marshal take her into Custody Why How now Because your Relation is Attainted for High Treason must you take upon you to tax the Courts of Justice for Murder when we grant the Execution according to Law Take her away Mrs. Matthews God Almighty's Judgments light upon you L. Ch. Just God Almighty's Judgments will light upon those that are gu●lty of High Treason Mrs. Natthews Amen I pray God L. Ch. Just So say I. But Clamours never prevail upon me at all I thank God I am clamour proof and will never fear to do my Duty Then she was carried away Mr. Att. Gen. My Lord I would only acquaint you with one thing in reference to what Sir Tho Armstrong has said The King did indulge Holloway that the speaks of is true so far as to offer him a Trial and his Majesty perhaps might have some reason for it but the Prisoner deserves no sort of Indulgence or Mercy from the King For it has appeared by the Evidence that has been given of this late Horrid Conspiracy that after the Disappointment that was given by the Providence of God by the Fire at New-Market to the meeting at the Rye the Gentleman was one of the Persons that actually engaged to go on upon the Kings hasty coming to Town then and to destroy him by the way as he came to Town And this appears upon a full and clear evidence as positively testified as any thing can be And when he was taken beyond Sea Letters of Communication with Forreign Ministers and other People were taken about him and will be L. Ch. Just We are not to meddle at all with the Evidence Mr. Attorney that is not our business here is an Outlawry upon this Outlawry he is Attainted we have nothing more to do but to do the Duty of the Court upon this Record before us to Award Execution upon that Attainder and we must give a Rule for it If the King will be pleased to do for Sir Tho. Armstrong what he did for Holloway and indulge him a Tryal and wave th' Out-lawry with all our hearts We are not disposers of his Grace and Favour but the Ministers of his Justice If the King will pardon him he may that is not our business but all we have to do upon what is before us is to consider the Record and what the Prisoner says against our awarding of Execution We have Considered whether this be a Yielding within the Proviso of this Statute and we think it not nor can be by any means Sir T Armst My Lord I am within the Statute I was Outlawed while I was beyond Sea and I come now near within the Twelve Month. This is all I know or have to say in this Matter L Ch Just We think quite the contrary Sir Thomas Sir T. Armst When I was before the Council my Lord they ordered that I should have Counsel allotted me but I could have no benefit by that Order for when I was taken I was robbed of all the money I had and have not had one Penny re-restored to me nor any money since I know not whether the Law allows persons in my Condition to be robbed and stripped L. Ch. Just. I Know nothing at all of that matter Sir Thomas Sir T. Armst My Lord I know Lawyers will not plead without money and being robbed I could not have w●erewithal-to Fee them L. Ch. Just Sir Thomas Armstrong you take the Liberty of saying what you please you talk of being robbed no body has robbed you that I know of Sir T. Armst No body says you do know of it but so it is L. Ch. Just. Nay be as angry as you will Sir Thomas we are not concerned at your Anger We will undoubtedly do our Duty Sir T Armst I ought to have the benefit of the Law and I demand no more L Ch Just That you shall have by the grace of God see that Execution be done on Friday next according to Law You shall have the full benefit of the Law Then the Prisoner was carried back to Newgate and afterwards upon a Petition the Court ordered Mrs Matthews to be released out of Custody without Fees An Account of what passed at the Place of Execution Sir T. Arms MR. Sheriff do you purpose to ask me any Questions Sh Daniel No Sir you have leave to say what you please and shall not be interrupted unless you upbraid the Government Sir T Arms Sir I thank you But I shall not say any thing by way of Speech to the People Pray take this Paper which contains my Mind and I desire no other person may ask me any Question I desire you to make Way for Dr Tennison Which was done and then they went together into the Cart. Sir T Arms Mr Sheriff I have given you a Paper and that will set forth my Mind that is all I have to say Turning to Dr. Tennison he said Sir I desire you to pray with me