A true account of the proceedings against John Ayloff, and Richard Nelthorp Esquires at the King's-Bench-Bar Ayloffe, John, d. 1685. 1685 Approx. 10 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A63336 Wing T2390 ESTC R516 12126696 ocm 12126696 54623 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. A63336) Transcribed from: (Early English Books Online ; image set 54623) Images scanned from microfilm: (Early English books, 1641-1700 ; 900:28) A true account of the proceedings against John Ayloff, and Richard Nelthorp Esquires at the King's-Bench-Bar Ayloffe, John, d. 1685. Nelthorpe, Richard, d. 1685. 4 p. Printed by D. Mallet, London : 1685. Reproduction of original in Huntington Library. Caption title. Imprint taken from colophon. 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. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England and Wales. -- Court of King's Bench. Trials (Treason) -- England. Treason -- Great Britain. 2000-00 TCP Assigned for keying and markup 2001-09 SPi Global Keyed and coded from ProQuest page images 2002-06 Kirk Davis Sampled and proofread 2002-06 Kirk Davis Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion A TRUE ACCOUNT , OF THE PROCEEDINGS AGAINST Iohn Ayloff , AND Richard Nelthorp Esquires AT THE King's-Bench-Bar , On the 27 th . of October , 1685. Relating to their award of Death , upon their being Out-Lawed for HighTreason , in conspiring the Death of his late most Sacred Majesty , Charles the Second of Ever Blessed Memory : Together with their Behaviour , Confession , and Manner of Execution on the 30 th . of October , in the year aforesaid : On which day , Richard Nelthorp was executed on a Gibbet Erected at Greys-Inn-Gate in Holbourn , and Iohn Ayloff on a Gibbet Erected at Chancery-Lane End in Flee●●street : Both Quartered as in Case of High-Treason . SUch are the horrid crimes of Treason and Murder , that by daily experience we see they seldom go unpunished even in this life : The Wise man gives wholsome advice when he fore-warns men to take heed they do not curse the King , altho' it be in their secret Chambers , lest the Fowles of the Ayr make discovery thereof : much more ought men to Tremble at the thoughts of any undertaking against the life of God's Vicegerent . It is a horrid murder for a private man to compass the Death of his Father ; and much more horrid the Father of his Country ; for altho' , men may think to flee out of one Country into another , and secure themselves from the vengeance due to such crimes , yet Providence so orders it , that those very methods they take for their security , commonly brings them to Justice , as we have a fresh Example of the persons now brought thereto . Iohn Ayliff and Richard Nelthorp Esquires ; men whose Education is against them and who were not Ignorant of the Law ; yet having once violated the same , by joyning in the horrid Conspiracy against the life of the mercifulest of Kings , his late Majesty of ever blessed memory , his present M●jesty , the utter subversion of the Government , &c. They were not content , by fleeing from Justice to live in contempt of the of the Law , but to imploy that time God permitted for their Repentance , in the enterprize of fresh Treasons against his most sacred Majesty that now is . Iohn Ayloff took his lot with the late Earl of Argyle setting up for one of the Rulers of the Scotch Commonwealth , and after the design was blasted , and he amongst others taken , the sence of his Guilt run him forthwith upon the Rock of Despair , by laying violent hands upon himself , and with a Pen-Knife or other Instrument which he carried about him he rips up his own belly as far as Nature would suffer him ; but God in Mercy to his Soul , so ordered it , that he did not Dye thereof , but after a long illness Recovered , and was with others of those traytors brought for England , and soon after committed to Newgate , where he remained Eight or Ten Weeks . Rich. Nelthorp , a Person brought up to the Law , but leaving that Study engage d in the R●e-house conspira cie and with the said Ayloff be●●● since attainted by Out-Lawry of High-Treason , was of those who came over with the late Duke of Monmouth● and one of the principal Captains in that Western Rebellion . Soon after the deseat of the Rebels , being taken and committed to some Goal in the West Country , was from thence brought to Newgate , where his Crimes had little better Effect ( then the other in Scotland ) behaving himself for sometime like a Person destracted , and very impatient under the sufferings which his Treason had brought upon him . On Monday the 26 th . of October , 1685 Upon the motion of the King's Council , a Habeas Corpus was granted , to bring up these two Criminals to the King 's - Bench-Bar at VVestminster , and being accordingly on Tuesday the 27 th . Ditto , brought up by the Keeper of Newgate to the said Bar. The Lord Chief Justice Herbert , and the other Judges of that Court sitting on the Bench. First , Mr. Ayloff was called to hold up his hand , and told that he had been Indicted by the Name of Iohn Ayloff late of London Esq for High-Treason in conspiring the Death of his late Majesty , the subversion of the Government &c. That he had thereupon been Out-Law'd , and stood attainted of High-Treason , was therefore askt what he had to say why Judgment should not be awarded , for him to dye according to Law. To which Mr. Ayloff at first replyed he had been out of the Land and did not know of it , at last said , that he had seen or heard only of a printed Tryal of Captain Walcot , wherein Mr. West had made some mention of him ; but he desired to know what was sworn against him by the Witnesses . Then the same Method being used to Mr. Nelthorp , he answered very little , only said he had not conspired the Death of the King. After that , the Lord Chief Justice in an Excellent Speech , declaring that it was no hard case for Traytors to be Executed upon an Out-lawry , and how inexcusable they of all men were , who had not only fled from Justice , deprived themselves of a Tryal , by standing in contempt of the Law , but ingaged since in other Treasons and Rebellions ; his Lordship also giving them divers Christian admonitions to improve the short time they had left for the good of their Immortal Souls . In conclusion told them , that nothing remained for that Court but to award Judgment upon the Out-lawries . And a Rule was made for their Execution on Fryday the 30th day of the said Moneth , as in Cases of High Treason . Mr. Ayloff then desired he might have the liberty of his Friends coming to him , and the same being granted , provided it was in the presence of a Keeper , they were remanded to Newgate . On Thursday the 29th Ditto , one of his Majesties Council moved the Court of Kings Bench , that whereas a Rule was made for the Execution of the said Iohn Ayloff and Richard Nelthorp as the next day ; for a more publique Example , one of them , viz. Ayloff might be Executed over against the Temple Gate in Fleet-street , and Nelthorp against Grayes Inn in Holborun , to which Inns of Courts they did formerly belong when they Studied the Law ; and the Court ordered it to be done accordingly . Pursuant to which Rules of Court on Fryday the 30th Ditto about ten in the Forenoon , first Richard Nelthorp was drawn from Newgate on a Sled , to a Gibbet erected over against Grayes Inn Gate ; he had on a Black Sute , and two in Black Habit went by the Sled , viz. on each side one . After it followed an Elderly Person also in Mourning , he was but a short time at the Gibbet before Executed , he spoke to several that were near him with a seeming cheerfulness , Praying also with great earnestness , and to appearance at this last moment of his Life submitted with greater patience to the punishments which his Treasonable practices had brought upon him , then he did during his Imprisonment ; very readily , addressing himself to undergo the Sentence which the Law had pronounced . He had on a Whlte Sattin Cap over a Linnen one , and himself helped to pull it down over his Face . Being turned off , he Hanged the usual time , and then was Quartered , &c. Iohn Ayloff , by some called Col. Ayloff , according to the Rule of Court made for his Execution , was delivered by the Keeper of Newgate , on the 30 th . of October to the Sheriffs of London and Middlesex , between Ten and Eleven in the Morning ; when being put into a Slead ; he was conveyed through the Old-Bayly and Fleet-street to a Gibbet Erected between Chancery-Lane End , and one of the Temple Gates , where upon his arrival being in the Slead , he confessed that he was in the Rebellion raised by Argile in Scotland , and was Conscious of the late Conspiracie , that he suffered justly and deservedly , praying for the King , and desiring the Prayers of all people , but more especially of those that were spectators ; after which and the like Expressions , he came out of the Slead , again , and desired God to bless all present , lifting up his hands and Eyes towards heaven , when looking upon the Gibbet he ascended , and in ascending , repeated his Prayers for the People , praying to God to keep them in the right way of Loyalty and Obedience , &c. and to preserve the Protestant Religion ; being ascended , he prayed a while to himself , and turning at the request of the Executioner , his Back to the Ladder ; he said that he was now willling to dye , but bid the Executioner not to turn him off till he gave notice ; the signal being the lifting up his hands ; when being bid to go somewhat lower on the rounds of the Ladder , the sooner to put him out of his pain , when turned off , he after having prayed a while , said he was ready , biding the Executioner turn him off , which was accordingly done , when having hang'd about half an hour ; he was cut down and quarter'd according to Sentence , and his Quarters to be disposed of , at the pleasure of the King. This may be Printed , R. L. S. October the 30th . 1685 LONDON , Printed by D. Mallet , 1685.