DIvers of the Conspirators against His Majesties sacred Life, and the Established Government upon the Dis­covery of the late Plot flying from Justice, and up­on being commanded by His Majesties Proclamation, to Sur­render themselves; into the hands of the Majestrate, upon their refusal or delaying, so to do the Kings Attorney Ge­neral, upon an Indictment of High Treason found against them in London, proceeded to process of out-lawry, which was enter'd up according to Law, and they thereby attainted of the Treason specified in the Indictment: Amongst whom was Sir Thomas Armstrong taken, in Holland; upon leave granted by the States General, at the request of His Maje­sties Envoy extraordinary &c. Who being brought over in one of His Majesties Yates, was carryed before the Right Honourable Sidney Godolphin Esq; one of His Majesties Prin­cipal Secretaries of State; and after some examination com­mitted to Newgate, where he remained till this day, when with a strong Guard, he was brought to the Kings Bench Bar Westminster, and the Court being set after divers mo­tions relating to private Affairs, Mr. Attorney General mov­ed on the behalf of the King, that seeing the Prisoner had been attainted of High Treason by out-lawry, for conspiring the Death of the King &c. Execution might be awarded against him, whereupon the Warrant of Commitment was [Page]read, and after that he was commanded to hold up his Hand, when as the Clerk of the Crown asked him, that seeing he the said Sir Thomas Armstrong Knight, had been found Guilty upon an Indictment in London of High Trea­son, and thereupon stood attainted of the said Treason by out-lawry, what he could say for himself, why Execution ac­cording to Law should not be awarded against him, or to this effect, to which he answered, that he was beyond the Seas, and knew not of the Prosecution, adding that he was present within the Twelve month, specified by an Act of Parliament, for surrender in case of a Proclamation for High Treason &c. desiring the Statute might be read, which was accordingly done, but it not appearing, he had surrendered himself nor was inclined so to do, the Court told him he was not comprehended within the benefit of that Statute, yet he argued that, seeing he was in the hands of Justice, within the time he ought to have the benefit thereof, and be suffered to have a Tryal, desiring that Council might be assigned him to argue the Point, but being over-ruled in that demand, he alledged that a Person under the same cir­cumstances, had by the consent of Mr. Attorney General the offer of a Tryal, to which the Court replyed, it was the Kings pleasure and mercy, and that the King knew how and when best to dispose of it, and that if it was his plea­sure so to order, (God forbid) but he should have the bene­fit of it, or if it was His Majesties pleasure to pardon Sir Thomas Armstrong the Court would acquiess therein, but no such mercy or indulgence appearing, it was the duty of the Court to award Execution &c. Then Captain Richardson being demanded what days were usual for Execution, he answered, Wednesdays and Frydays, whereupon it was order­ed, that he should be Executed on Fryday next, and till then the Prisoner remanded to the Prison from whence he came, but he desiring that he might be further heard, it was granted, whereupon he required, that he might have the Benefit of the Law &c. But not urging any material point pertinent to the matter in hand, he was answered, that he should have the Benefit of the Law, and thereupon, Captain Richardson was charged to see him Executed accord­ing to Law. Then Mr. Attorney Informed the Court, in part of the Evidence against the Prisoner, but was answer­ed, that the Court could not take notice of any thing in that nature, but what was before them: So that in fine, the Prisoner was reconveyed to Newgate, in order to his Execu­tion on Fryday next.