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. 1684 Approx. 25 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A55929 Wing P3546 ESTC R21348 12119398 ocm 12119398 54421 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A55929) Transcribed from: (Early English Books Online ; image set 54421) Images scanned from microfilm: (Early English books, 1641-1700 ; 875:11) 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. 4 p. Printed for Robert Horn, John Baker, and John Redmayne, London : 1684. Reproduction of original in Huntington Library. Imprint information taken from colophon. Caption title. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Outlawry. 2006-02 TCP Assigned for keying and markup 2006-02 Aptara Keyed and coded from ProQuest page images 2006-04 Mona Logarbo Sampled and proofread 2006-04 Mona Logarbo Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion 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 not yet 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 . We 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 Councel to Plead for me in this Case . L. Ch. Just . For what reason . We 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. Armst . 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 now , 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 Guilty of High Treason . Mrs. Matthews . 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 he speaks of , it is true , so far as to offer him a Trial , and his Majesty perhaps might have some reason for it , but the Prisoner truly 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 ; this Gentleman was one of the Persons that actually engaged to go 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 Trial , and wave the Outlawry , with all our hearts . We are not disposers of his Grace and Favor , 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 Stature , and we think it is 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 here within the Twelve Month. That 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 Councel 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 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 wherewithal 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 L●w. Then the Prisoner was carried back to N●wg●te , 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. Armst . 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 . 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.