THE PROCEEDINGS AGAINST Sir Thomas Armstrong, In His Majesties Court of
Kings-Bench, at
Westminster, upon an Outlawry for High-Treason,
&c:
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.
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.
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.
To Captain Richardson Keeper of his Majesties Prison of Newgate.
WHat would you have, Mr. Attorney?
Have you the Outlawry there?
Yes, Sir, here it is
That which I humbly pray, my Lord, is an award of Execution for the King against Sir Thomas Armstrong, upon the Outlawry.
First we must File this Return.
I pray it may be Filed.
Let it be Filed: Now what do you desire Mr. Attorney?
My Lord, I pray an Award of Execution upon the Outlawry.
Arraign him upon the Outlawry.
hold up thy hand.
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?
My Lord, I was beyond Sea at the time of the Outlawry; I beg I may be Tried.
That is not material at all to us: we have here a Record of an Outlawry against you, Sir Thomas.
I desire to be put upon my Trial, my Lord.
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?
Wednesdays and Fridays, My Lord.
Here is a Statute, my Lord.
What is the matter with that Gentlewoman?
Hold your tongue. My Lord there is a Statute made in the 6th. year of Edward the 6th. which I desire may be read.
To what purpose would you have it read, Sir Thomas?
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.
Ay let it be Read. Where is it, do you say?
it is in the sixth year of Edward the Sixth.
Here is a Copy of it—
Why? how now, we do not use to have Women plead in the Court of Kings-Bench; pray be at quiet, Mistress.
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.
For what, Sir Thomas?
To argue whether this Outlawry ought not to be reversed.
Read the Statute he desires.
Ay let it be Read. Sir Thomas will not find it to his purpose.
VVhat Chapter is it?
You may easily find it about Outlawries for prease.
Provided always, and be it Enacted by the authority aforesaid, that if the Party—
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 [Page 2]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.
read on the next Paragraph.
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.
Sir Thomas, I suppose, now will shew he Yielded himself to your Lordship.
This is the first time I have seen Sir Thomas.
My Lord I have been a Prisoner, and the Year is not yet out; I now render my self.
Before he went out of England he might have rendred himself, and been Tried, if he pleased.
I am within the benefit of the Statute, I conceive, my Lord.
We think otherwise, Sir Thomas.
I think, my Lord, the Statute is plain in the Case.
We are of another Opinion then you are; it doth not reach your Case.
The Year is not out, and therefore I come time enough now; and here I am, and desire the benefit of this Act.
Sir Thomas, you should have rendred your self to me.
I do it now my Lord, and the year is not yet out.
VVe 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.
My Lord, I beg I may have Counsel to plead for me in this Case.
For what reasons, VVe 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.
Methinks, my Lord, the Statute is plain.
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.
I would only take notice of one thing, my Lord, may I speak?
Ay Sir Thomas, very freely what you please.
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 no [...] 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.
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.
My Lord, I hope you will not Murder my Father; this is murdering a Man.
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.
God Almighty's Judgments light upon you.
God Almighty's Judgments will light upon those that are gu [...]lty of High Treason.
Amen, I pray God.
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.
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 the speaks of, is true, so far as to offer him a Trial, and his Majesty perhaps might have some reason for it, but the Prisoner 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, the Gentleman was one of the Persons that actually engaged to go on 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—
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 Tryal, and wave th' Out-lawry, with all our hearts. We are not disposers of his Grace and Favour, 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 Statute, and we think it not, nor can be, by any means.
My Lord, I am within the Statute, I was Outlawed while I was beyond Sea, and I come now near within the Twelve Month. This is all I know, or have to say in this Matter.
We think quite the contrary, Sir Thomas.
When I was before the Council, my Lord, they ordered that I should have Counsel 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 rerestored to me, nor any money since, I know not whether the Law allows persons in my Condition to be robbed and stripped.
I Know nothing at all of that matter, Sir Thomas.
My Lord, I know Lawyers will not plead without money, and being robbed I could not have w [...]erewithal-to Fee them.
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.
No body says you do know of it, but so it is.
Nay be as angry as you will, Sir Thomas, we are not concerned at your Anger. We will undoubtedly do our Duty.
I ought to have the benefit of the Law, and I demand no more.
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 Law.
An Account of what passed at the Place of Execution.
MR. Sheriff, do you purpose to ask me any Questions?
No Sir; you have leave to say what you please, and shall not be interrupted unless you upbraid the Government.
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.
Mr: Sheriff, I have given you a Paper, and that will set forth my Mind; that is all I have to say.
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 precious 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 Judgement, Amen, Amen. Come Lord Jesus, come quickly.
Now Sir, commend your self to God by your private Devotions, make yourself ready, and then let that be the last thing you do.
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.
I pray God shew Mercy to you, as you express Charity to them.
Then Sir Thomas kneel'd down and Prayed, and afterwads 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 Sheriff.
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 Writting 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 sayes, 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 returned; 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 Ʋsurper Died, and near Starving in every One of them: Verily 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.
On 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 Judgement of Death should not pass; I was beyond Seas when the Outlawry came out, I thought a [Page 4]Writ of Error 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 I ever 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 King Majesty; and I heartily commend my Soul, to Gods Infinite Mercy, through my Blessed Saviour Jesus Christ.