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A55929 The proceedings against Sir Thomas Armstrong in His Majesties Court of King's 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 ... Armstrong, Thomas, Sir, 1624?-1684.; England and Wales. Court of King's Bench. 1684 (1684) Wing P3546; ESTC R21348 7,450 4

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to pray with me Dr. Tennison's Prayer ALmighty God with whom do live the Spirits of Just men made Perfect after they are delivered from their earthly Prisons we humbly commend the Soul of this thy Servant into thy Hands as into the Hands of a Faithful Creator and most Merciful Saviour beseeching thee it may be pretious in thy Sight Wash it and Sanctifie it by the Blood of the Immaculate Lamb that taketh away the Sins of the World that whatsoever defilements it may have contracted in this miserable sinful and naughty World through the lusts of the Flesh or the wiles of Satan being purged and done away it may be presented Pure and Spotless before thee And now O Holy and most Merciful Saviour thou most Blessed Judge Eternal suffer him not suffer him not at his last Hour for any Pains of Death to fall from thee Support him by the assistance of thy Spirit in all Agonies of Soul and Body at his last Moment and teach us by this and all other Spectacles of Mortality to number our Days and to apply our Hearts to that Holy and Heavenly Wisdom whilst we live here which may bring us hereafter to everlasting Life through Jesus Christ our Lord. Our Father c. The Grace of our Lord Jesus Christ the Love of God the Father and the Fellowship of the Holy Ghost be with us and in a particular manner with this thy Servant now in the Minute of Death and in the Day of Judgment Amen Amen Come Lord Jesus come quickly Now Sir commend your self to God by your private Devotions make your self Ready and then let that be the last thing you do Sir T. Arms Sir I hope in God my Sins are Pardoned and I do Pray for it heartily I forgive the whole World all offences they have committed against me Dr. Tennison I pray God shew Mercy to you as you express Charity to them Then Sir Thomas kneel'd down and Prayed and afterwards thanked Dr. Tennison for his great Care and Pains with him And then he turned to his Servant and desired to be remembred to his Wife and Children The PAPER he delivered to the SHERIFFS I Thank Almighty God though I have had but a short time allowed me I find my self prepar'd for Death and my thoughts set on another World and trust in God well weaned from putting my heart on this yet I cannot but give so much of my little time to set down in Writing my Answers to some Calumnies raised since my close Imprisonment as well as what Mr. Attorney accus'd me of at the Bar I was told a Very Great Person says I was a Spy of Cromwel's I have been sent from England by the best and considerablest Friends the King had then with Bills of Exchange for His Majesties Use and Letters of very great Importance to His Majesty then at Bruxels I appeal to His Majesty if I deliver'd them not safe to Him and His answers too when I return'd Which I had not been above Six Days but I was Clapt up Ten Weeks a close Prisoner in the Gate-house and in no small hazard of my Life for that Journey Before this time I had been a whole Year at least in Lambeth-house a Prisoner and after both these times a Prisoner in the Tower when the Usurper Died and near Starving in every One of them Very ill Treatments for a Spy and Pensioner My Lord of Oxford and many others of Quality will I think testifie my Innocency in this point I protest before God I was never a Spy to Cromwel or any other Man O● Saturday last I was brought to the Kings-Bench Bar on an Outlawry of High Treason I was asked what I had to say for my self that Judgment of Death should not pass I was beyond Seas when the Outlawry came out I thought a Writ of Errour to Reverse it the Law allowed I prayed I might be allowed a Tryal for my Life according to the Laws of the Land I urg'd the Statute of Edward the 6th which was expresly for it it being within the Twelve Months allowed by that Statute It signified nothing I was with an unordinary Roughness Condemned and made a President tho' Mr. Holloway a little before had it offered him I cannot but think all the World will conclude my Case very different else why refused me Mr. Attorney said I was accused for being one of those that was to Kill the King as he came from Newmarket after the Fire I take God to Witness I never had any Design nor ever had such a Thought to take away the King's Life neither ever had any man the Impudence to propose so Barbarous and Base a thing to me neither was Fever in any Design to alter the Government of England What I am Accused of more I know no otherwise than by Reports and Prints which I take to be uncertain So that it cannot reasonably be expected I should make particular Answers If I had been Tryed I could have proved my Lord Howard's Base Reflections on me to be a Notorious Falshood For I know there is at least Ten Gentlemen besides all the Servants of the House can testifie I Dined there that day I have Lived and now Die of the Reformed Religion A True and Sincere Protestant and in the Communion of the Church of England and I heartily wish I had more strictly lived up to the Religion which I believed and I have found the great comfort of the Love and Mercy of God in and through my Blessed Redeemer in whom I only trust and I do verily hope that I am going to partake of that fulness of Joy which is in His Presence the hopes whereof doth infinitly please me I thank God I have no repining at my heart for the condition my sins have most deservedly brought upon me I have deserved much worse at the hands of God so that I cheerfully submit to this Punishment as being taken off but a small time sooner I do freely forgive all the World even those concerned in taking away my Life As for the Sentence of Death past upon me I cannot but think a very hard one being I think denied the Laws of the Land To conclude as I never had any Design against the King's Life or the Life of any man so I never was in a Design to alter the Monarchy I Die in charity with all the World and therefore I heartily pray God to Bless the Church of Christ every where these poor Nations the Kings Majesty and I heartily commend my Soul to Gods Infinite Mercy through my Blessed Saviour Jesus Christ We do Appoint Robert Horn John Baker and John Redmayne to Print and Publish this Paper and that none other Print the same Peter Daniel Samuel Dashwood LONDON Printed for Robert Horn John Baker and John Redmayne 1684.
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. xxxvi Die Sabbati 14. Junii An. Dom. 1684. B. R. Dominus Rex versus Thom. 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 most 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 Catherine 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 White-hall 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 Chief Justice VVHat 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 Execution should not be Awarded against thee upon that Attainder according to Law Sir Thomas Armstrong 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 T. Armstrong 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 T. 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 Th●mas Sir T. Armstrong It giveth the Prisoner or Person Outlawed for High-Treason a years time to reverse the Outlawry if he were beyond S 〈…〉 sire it may be Read L. Ch. Just Ay let it 〈…〉 is it do you say Sir T. 〈…〉 year of Edward the Sixth 〈…〉 Mrs. Matt. 〈◊〉 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 King's-Bench pray be at quiet Mistriss Sir T. Armstrong Pray-hold your Tongue My Lord I could not come to alledge 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. What Chapter is it L. Ch. Just You may easily find it about Outlawries for Treason 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 Cl. of the Cr. 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 shall 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 be it 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 offe● 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