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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