"These are in his majesty's name to authorize and require you to receive into your custody, from on board his majesty's yacht the government. There were no remarks published on his speech, which it was believed the Court ordered for they saw how much ground they had lost by this stretch of law, and how little they had gained by his death. One passage in it was the occasion of their ordering no such reflections to be made on it, as had been made on the other speeches. The king had published a story all about the Court, and had told it to the foreign ministers, as the reason of this extreme severity against Armstrong: he said, that he was sent over by Cromwell to murder him beyond sea, and that he was warned of it, and challenged him on it; and that upon his confessing it he had promised him never to speak of it any more as long as he lived. So the king, counting him now dead in law, thought he was free from that promise. Armstrong took this heavily and in one paper which I saw, writ in his own hand, the resentments upon it were sharper than I thought became a dying penitent. So, when that was represented to him, he changed it: and in the paper he gave the sheriff's he had softened it much. But yet he shewed the falshood of that report: for he never went beyond sea but once, sent by the earl of Oxford, and some other cavaliers, with a considerable present to the king in money, which he delivered; and brought back letters of thanks from the king to those who made the present. But Cromwell having a hint of this clapt him up in prison, where he was kept almost a year. And upon the merit of that service, he was made a captain of horse soon after the restoration. When Jefferies came to the king at Windsor soon after this trial, the king took a ring of good value from his finger, and gave it him for these services: the ring upon that was called his blood stone. The king gave him one advice, which was somewhat extraordinary from a king to a judge; but it was not the less necessary to him; the king said, it was a hot summer, and he was going the circuit, he therefore desired he would not drink too much." Burnet, 577. "June 11th 1684. Sir Thomas Armstrong, one of the late fanatic plotters, and who stood outlawed for High-Treason, having been taken the last week at Leyden in Holland, by order of the States, was brought in one of his majesty's yachts, and committed last night to Greenwich, and was this morning committed to Newgate. Catherine, captain Davies commander, the person of sir Thomas Armstrong, kt, outlawed for high-treason, and him safely to keep in his majesty's prison of Newgate, till his majesty's this shall be your warrant. Given under my pleasure be farther known. And for so doing, hand and seal at Whitehall, this 10th day of June 1684. In the 36th year of his majesty's reign. S. GODOLPHIN," "To Captain Richardson, Keeper of his Majesty's Prison of Newgate." "Sir Thomas Armstrong, when he was taken, had in his pocket a bill of exchange charged by one Hayes, a merchant here, payable there; on which Mr. Hayes is committed to Newgate for holding correspondence with traitors. "14th. Sir Thomas Armstrong was brought from Newgate to the King's-bench bar, where being asked what he could say why execution should not be awarded against him, he standing outlawed and so attainted upon an indictment of High-Treason, for conspiring the death of the king, &c. He said he was beyond sea at the time of the outlawry, which the court telling him they could take no notice of: he then desired that he might come to his trial, and that his majesty would grant him the same favour he had offered to Holloway; but the court told him that belonged to his majesty, not to them; then he said he was within the statute made 5 & 6 E. 6, c. 11, and demanded his trial, he being within the statute, and desired council to argue the same; but the court being of another opinion would allow him no council, but made a rule for his execution on Friday next at Tyburn. "18th. The same day, also, sir Thomas Armstrong's daughter, petitioned the court of King's-bench that her father might have a Writ of Error allowed him to reverse his outlawry and so come to his trial; but the court told them this was no proper place to move in; they must go into the chancery for it; but there they had been before, and the lord keeper was pleased to deny it. "20th. Sir Thomas Armstrong was drawn upon a sledge with a very numerous guard to Tyburn; where being come Dr. Tenison prayed with him, who seemed very penitent; he prayed himself also very fervently, which done, he delivered a paper to the sheriffs, and submitted himself to the sentence; after he had hanged about half an hour, he was taken down and quartered according to his sentence, and his quarters were brought back in the sledge to Newgate, to be disposed of as his majesty shall direct. "Sir Thomas Armstrong's quarters are disposed of; a forequarter is set on Temple bar, his head on Westminster, another quarter is sent down to the town of Stafford, for which be was a Parliament-man. Quære, how many quarters of the Popish Traitors were set up, and quære, which of these fanatic plotters were not set up. "July 1st. Came out the Paper that sir L. C. J. (Sir George Jefferies) What would you have, Mr. Attorney? Att. Gen. (Sir Robert Sawyer) Have you the Outlawry there? Cl. of Cr. Yes, Sir, here it is. Att. Gen. That which I humbly pray, my lord, is an award of execution for the king against sir Thomas Armstrong upon the outlawry. L.C. J. First, we must file this return. L. C. J. Let it be filed: now, what do you desire, Mr. Attorney? Att. Gen. My lord, I pray an award of execution upon the outlawry. L. C. J. 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 majesty's 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 thyself, why execution should not be awarded against thee upon that attainder according to law? Sir T. Armstrong. My lord, I was beyond sea at the time of the outlawry; I beg I may be tried. L. C. J. 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. C. J. 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? Captain Richardson. Wednesdays and Fridays, my lord. Mrs. Matthews. Here is a statute, my lord. L C. J. What is the matter with that gentlewoman? Sir T. Armstrong. Hold your tongue. | lord, there is a statute made in the 6th year of Edward the 6th, which I desire may be read. L. C. 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 year's time to reverse the outlawry, if he were beyond sea. I desire it may be read. L. C. J. Ay, let it be read. Where is it, do you say? Sir T. Armstrong. It is in the 6th year of Edward 6. Mrs. Matthews. Here is a copy of it[Shewing a paper.] L. C. J. Why, how now? We do not use to have women plead in the Court of King'sbench; pray be at quiet, mistress. 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 nobody permitted to come at me. I desire counsel to be assigned me at this bar. L. C. J. For what, sir Thomas? Sir T. Armstrong. To argue whether this outlawry ought not to be reversed. L. C. J. Read the statute he desires. Att. Gen. Ay, let it be read. Sir Thomas will not find it to his purpose. Cl. of Cr. What Chapter is it? L. C. J. You may easily find it about outlawries for treason. Cl. of Cr. Reads. Provided always, and be it enacted by the authority aforesaid, That if 'the party' Att. Gen. Read the clause before that, sir Samuel. Cl. of Cr. Reads. And that all process of outlawry hereafter to be made and had within 'this realm, against any offenders 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 pro'nounced.' L. C. J. Read on the next paragraph. My Thomas Armstrong delivered to the sheriffs at the time of his execution, wherein he denies the being of a spy to Cromwell for the seizing Cl. of Cr. Reads. Provided always, and be the king when in Flanders; he inveighs against it enacted by the authority aforesaid, that if the hardship of his case at the King's-bench 'the party so hereafter to be outlawed, shall bar, being denied his trial; and does absolutely 'within one year next after the said outlawry deny his being concerned in any plot against pronounced, or judgment given upon the said the king's life or for alteration of the govern-outlawry, yield himself unto the chief justice ment, as also the story of the lord Howard's about him; he professed himself to die in the reformed religion, and in the Communion of the Church of England, concluding with his prayers for the king and these poor nations. "His majesty bath been pleased as a signal favour to the lord chief justice Jefferys, to take a diamond ring off his finger, and present it to his lordship." Narcissus Luttrell's MS. "Brief Historical Relation," &c. in the College of All Souls', Oxford. 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 12 men, he shall be clearly acquitted and discharged of the said outlawry, and of all penalties and for'feitures 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.' Att. Gen. Sir Thomas, I suppose, now will shew he yielded himself to your lordship. L. C. J. This is the first time I have seen sir Thomas. Sir T. Armstrong. My lord, I have been a prisoner, and the year is not yet out; I now render myself. Att. Gen. Before he went out of England he might have rendered himself, and been tried, if he pleased. Sir T. Armstrong. I am within the benefit of the statute, I conceive, my lord. L. C. J. We think otherwise, sir Thomas. Sir T. Armstrong. I think, my lord, the statute is plain in the case. L. C. J. We are of another opinion than you are; it doth not reach your case. Sir T. Armstrong. 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. C. J. Sir Thomas, you should have rendered yourself to me. Sir T. Armstrong. I do it now, my lord, and the year is not yet out. L. C. J. We cannot take notice of that; we have nothing but the outlawry, and you did not render yourself according to that act, but are brought as a prisoner before us now. Sir T. Armstrong. My lord, I beg I may have counsel to plead for me in this case. L. C. J. 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.† "Here the prisoner was denied counsel upon a point of law, in which case it was never pretended but he is intitled to it." Former Edition. +"King and Johnson, Mich. 2. Geo. 2. B. R. The prisoner was allowed to be within the benefit of the Proviso, and though he had escaped out of prison, and was retaken in England, was admitted to prove himself beyond sea at the time of the outlawry; and upon proving that he was then at Middleburgh in Zealand, his outlawry was reversed, and he was admitted to a Trial, and acquitted: Armstrong's case was declared a precedent not fit to be followed." Former Edition. This Case of Johnson is thus reported by Mr. Justice Foster, Crown Law, 46. "Michaelmas, 2 Geo. 2. B. R. "The Case of ROGER JOHNSON, cited twice in Mr. Ratcliffe's Case, was thus: Sir T. Armstrong. I would only take notice of one thing, my lord, may I speak? indictment; alledging that he was at Flushing beyond the seas at the time the outlawry was pronounced. "The chief justice said, we cannot refuse to accept his surrender; he must be remanded to Newgate; and let a special entry be made that he offered to surrender, and to traverse the indictment.* "At another day in the same term the defendant was was again brought to the bar, and he tendered a plea in parchment, That he 'was out of the realm on the 8th of February 'when the outlawry was pronounced,' and pleaded over to the treason; which plea was received. The attorney-general prayed that he might have a copy of the plea, and three day's time to demur or join issue; which was granted; the court declaring that the attorney might have joined issue instanter; and that on the trial of such issue the prisoner could not challenge any of the jury without cause. The prisoner prayed counsel and had four assigned. "At another day in the same term the prisoner being at the bar, by leave of the court, withdrew his plea; and pleaded the substance of it, viz. his being beyond sea on the 8th of February, ore tenus. The attorney-general ore tenus replied, I say he was within the 'realm on the 8th of February, and I traverse his being then out of the realm.' Issue being thus joined, the court awarded a venirc returnable instantèr, and the sheriff, sitting the court, returned a jury. Then the prisoner's counsel opened the plea and case, and called their witnesses; and the attorney-general insisting that the witnesses should be examined apart, they were so examined; as likewise were the witnesses produced on the part of the crown. "The prisoner's counsel managed the whole in his behalf, and three of them were heard on the reply; and the jury, after a short recess, returned with their verdict, That the prisoner 'was out of the realm on the 8th of February.' "Then the prisoner was arraigned on the indictment, to which he pleaded not guilty; and the attorney joined issue, and prayed a venire returnable the first return of the next term; which the court awarded; and the prisoner was remanded to Newgate." "This note of Johnson's case was communiin-cated to me by my good friend the late Mr. Justice Abney. The case is reported by serjeant Barnardiston in his first volume, and by sir John Strange. "The defendant stood outlawed upon an dictment for High Treason in diminishing the current coin of the kingdom, and was taken and committed to Newgate. Being now brought to the bar by Habeas Corpus, he offered to surrender himself to the chief-justice, pursuant to the act of the 5th and 6th Ě. 6. c. 11. (being within the year) and to traverse the "This justice was refused to sir Thomas Armstrong in a like case." L. C. J. Ay, Sir Thomas, very freely what you please. * Sir T. Armstrong. 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. C. J. Sir Thomas Armstrong, you may go away with what opinion you please, of your own innocency: but you are here attainted by out-lawry. That which was done to him you speak of, was the grace and mercy of the king, and be 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. C. J. 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. C. J. God Almighty's judgments will light upon those that are guilty of high-trea son. Mrs. Matthews. Amen, I pray God. L. C. J. 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.] tion with foreign ministers with other people were taken about him, and will be L. C. J. 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 at tainder, and we must give a rule for it. If the king will be pleased to do for sir Thomas 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 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 awarding of execution. We have considered whether this be a yielding within the proviso of this statute, and we think it is not, nor can be, by any means. Sir T. Armstrong. My lord, I am within the statute. I was outlawed while I was beyond sea, and I come now here within the twelvemonth. That is all I know, or have to say in this matter. L. C. J. We think quite the contrary, Sir Thomas. Sir T. Armstrong. 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 restored to me, nor any money since; I know not whether the law allows persons in my condition to be robbed and stripped. L. C. J. I know nothing at all of that mat Sir T. Armstrong. My lord, I know lawyers will not plead without money, and being robbed, I could not have wherewithal to fee them. L. C.J. Sir Thomas Armstrong, you take the liberty of saying what you please; you talk of being robbed, nobody has robbed you that I know of. Att. Gen. My lord, I would only acquaint you with one thing, in reference to what sir Thomas Armstrong has said: the king did inter, sir Thomas. dulge 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 king's hasty coming to town, 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 seas, letters of communica * See the Case of Holloway, p. 1, of this volume. + See in this Collection, Mr. Erskine's observations on this Case in his Address to the Jury in Hardy's Case, A. D. 1794. See, too, the Case of Purefoy as there mentioned by Mr. Erskine. Sir T. Armstrong. Nobody says you do know of it; but so it is. L. C. J. Nay, be as angry as you will, sir Thomas, we are not concerned at your anger. We will undoubtedly do our duty. Sir T. Armstrong. I ought to have the benefit of the law, and I demand no more. L. C. J. 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. Then the prisoner was carried back to Newgate, and afterwards, upon a Petition, the Court ordered Mrs. Matthews to be released out of custody without fees. "If this had been so evidently clear, it can scarce be imagined they would have been so backward to have waved the outlawry, and let him have his trial; nothing but a conscious-Edition. VOL. X. ness of the contrary could, probably, have prevailed to put so strained a sense on the statute, in order to deprive him of a Trial." Former I The sheriffs of London and Middlesex, about nine o'clock in the morning, coming to New gate, and demanding their prisoner, he was forthwith delivered to them, and put into a sledge, and drawn to the place of execution, attended by a numerous guard, and as great a number of spectators, of all degrees and qualities, as have been seen on such occasions. and particularly of what Mr. Attorney accused him of at the bar. That he prayed to be allowed a trial for his life, according to the laws of the land, and urged the statute of Edward 6th, which was expressly for it; but it signified nothing, and he was with an extraordinary roughness condemned and made a precedent; though Holloway had it offered him, and he could not but think all the world would conclude his case very different, else why was it refused to him? That Mr. Attorney charged him for being one of those that were to kill the king. He took God to witness, that he never had a thought to take away the king's life, and that no man ever had the impudence to propose so barbarous and base a thing to him; and that he never was in any design to alter the government. That if he had been tried, he could have proved the lord Howard's base reflections upon him to be notoriously false. He concluded, That he bad lived, and now died of the Reformed Religion, a Protestant in the communion of the church of England, and he heartily wished he had lived more strictly up to the religion he believed: That he had found the great comfort of the love and mercy of God, in and through his blessed Redeemer, in whom he only trusted, and verily hoped that he was going to partake of that fulness of joy which is in his presence, the hopes whereof infinitely pleased him. He thanked God he had no re He employed the time he was drawing to Tyburn in reading "The Whole Duty of Man," till he came within sight of the gallows, and then he laid it by, and with lifted up hands and eyes, addressed himself to Heaven, till he came beneath the tree, where he remained about a quarter of an hour in the sledge; before he ascended the cart that stood ready for him, he desired the sheriff to admit Dr. Tennison to come to him and having delivered a paper to the sheriff, the doctor kneeled down with the prisoner, and prayed with him about a quarter of an hour, during all which time the prisoner preserved a becoming and heroic countenance, little daunted with the terror of that fate he was in view of: but rising from his de votions, he pulled off his cravat and hat, which he gave to his servant who attended him, and had followed him by the sledge-side, when kneeling down himself, he prayed for a short time with fervency and devotion, begging pardon of his God for those manifold and crying sins he had been too often guilty of, and concluded with a resignation of himself to the God of Heaven and earth, before whose judg-pining, but chearfully submitted to the punishment seat he was forthwith to appear, desiring that the whole world would forgive him, with whom he hoped he died in peace and charity. Having thus ended these devotions, he again stood up, and putting off his periwig, he had a white cap delivered to him, which he put on; and being soon after tied up, the chief of his discourse was addressed to a gentleman who stood by him; and after a short space, holding up his hands, he again renewed his prayers; his visage little changing all the time, till the very moment the cart drew away; the executioner having pulled the cap over his eyes, he continued his prayers all the time, and even whilst he hung, as long as life was in him, and he had the command of his lips; after he had hung about half an hour, and the executioner had divested him of his apparel, he was cut down according to his sentence, his privy members burnt, his head cut off, and shewed to the people as that of a traitor, his heart and bowels taken out, and committed to the flames, and his body quartered into four parts, which with his head was conveyed back to Newgate, to be disposed of according to his majesty's pleasure; and were afterwards publicly exposed. The substance of the Paper delivered to the sheriff was, "That he thanked Almighty God, he found himself prepared for death, bis thoughts set upon another world, and weaned from this; yet he could not but give so much of his little time as to answer some calumnies, ment of his sins: he freely forgave all the world, even those concerned in taking away his life, though he could not but think his sentence very hard, he being denied the laws of the land." These Proceedings were afterwards enquired into, and censured as illegal by the House of Commons in 1689.* Martis, 12 November, 1689. A Petition of the lady Armstrong and her daughters, was read; whereupon a Committee was appointed to examine the matter, and make their report to the House. "Resolved; "That it be an instruction to the Committee, That they examine who were the judges that gave the sentence against sir Thomas Armstrong, and who were the prosecutors of him; and who had his estate; and how the petitioners may have reparation and also to examine what proceedings were in order to a writ of error by him desired, and how it came to be denied, and by whom: And they are to make their report with all convenient speed." Martis, 19 November, 1689. Mr. Chrisly reported from the Committe to whom the Petition of the lady Armstrong, and the daughters of sir Thomas Armstrong was referred; an account of the whole pro * See 5 Cobb. Parl. Hist. 445, 516. |