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warrant from the honourable Sidney Godolphin, Catherine, captain Davies commander, the esq. one of his majesty's principal Secretaries person of sir Thomas Armstrong, kt, outlawed of State; whichWarrant followeth in hæc for high-treason, and him safely to keep in his verba;
majesty's prison of Newgate, till his majesty's Sidney Godolphin, of his majesty's most this shall be your warrant. Given under my
pleasure be farther known. And for so doing, esq. hon. Privy Council, and principal Secretary hand and seal at Whitehall, this 10th day of of State.
June 1684. In the 36th year of his majesty's “ These are in bis majesty's name to autho- reign.
S. GODOLPHIN," rize and require you to receive into your cus- “ To Captain Richardson, Keeper of bis tody, from on board his majesty's yacht the Majesty's Prison of Newgate." government. There were no remarks pub- “ Sir Thomas Armstrong, when he was taken, lished on his speech, which it was believed the had in his pocket a bill of exchange charged by Court ordered: for they saw how much ground one Hayes, a merchant here, payable there; they had lost by this stretch of law, and how on which Mr. Hayes is committed to Newgate little they had gained by his death. One pas for holding correspondence with traitors. sage in it was the occasion of their ordering no “ 14th. Sir Thomas Armstrong was brought such reflections to be made on it, as bad been from Newgate to the King's-bench bar, wbere made on the other speeches. The king bad being asked what he could say why execution published a story all about the Court, and bad should not be awarded against him, be standing told it to the foreign ministers, as the reason of outlawed and so attainted upon an indictment this extreme severity against Armstrong: he of High-Treason, for conspiring the death of said, that he was sent over by Cromwell to the king, &c. He said he was beyond sea at murder him beyond sea, and that be was the time of the outlawry, which the court .werned of it, and challenged him on it; and telling him they could take no notice of: he that upon his confessing it he had promised then desired that he might come to his trial, him never to speak of it any more as long as he and that his majesty would grant him the same lived. So the king, counting him now dead favour he had offered to Holloway ; but the in law, thought he was free from that promise. court told him that belonged to his majesty, Armstrong took this heavily : and in one paper not to them; then he said he was within the which I saw, writ in his own hand, the resent statute made 5 & 6 E. 6, c. 11, and demanded ments upon it were sharper than I thought his trial, he being within the statute, and desired became a dying penitent. So, when that was council to argue the same ; but the court being represented to him, he changed it: and in the of another opinion would allow him no council, paper he gave the sheriffs he had softened it but made a rule for his execution on Friday much. But yet he shewed the falshood of next at Tyburn. that report : for he never went beyond sea “ 18th. The same day, also, sir Thomas but once, sent by the earl of Oxford, and some Armstrong's daughter, petitioned the court of other cavaliers, with a considerable present to King's-bench that her father might have a the king in money, which he delivered ; and Writ of Error allowed him to reverse bis outbrought back letters of thanks from the king lawry and so come to his trial ; but the court to those who made the present. But Crom- told them this was no proper place to more well having a hint of this clapt bim up in in; they must go into the chancery for it; but prison, where he was kept almost a year. And there they had been before, and the lord keeper upon the merit of that service, he was made a was pleased to deny it. captain of horse soon after the restoration. “ 20th. Sir Thomas Armstrong was drawn When Jefferies came to the king at Windsor upon a sledge with a very numerous guard to soon after this trial, the king took a ring of Tyburn; where being come Dr. Tenison good value from his finger, and gave it him prayed with him, who seemed very penitent; for these services : the ring upon that was he prayed bimself also very fervently, which called his blood stone. The king gave him done, he delivered a paper to the sheriffs, and one advice, which was somewhat extraordi. submitted bimself to the sentence; after he nary from a king to a judge ; but it was not had hanged about half an hour, he was taken the less necessary to him : the king said, it down and quartered according to his sentence, was a hot summer, and he was going the cir- and his quarters were brought back in the cuit, he therefore desired he would not drink sledge to Newgate, to be disposed of as bis too much.” Burnet, 577.
majesty shall direct.
* Sir Thomas Armstrong's quarters are dis" June 11th 1684. Sir Thomas Armstrong, posed of; a forequarter is set on Temple bar, one of the late fanatic plotters, and who stood his head on Westminster, another quarter is outlawed for High-Treason, having been taken sent down to the town of Stafford, for which be the last week at Leyden in Holland, by order was a Parliament-map. Quære, how many of the States, was brought in one of bis majesty's quarters of the Popish Traitors were set up, yachts, and committed last night to Green- and quære, which of these fanatic plotters were wich, and was this morning committed to New- not set up. gate.
“ July 1st. Came out the Paper that sir
L. C. J. (Sir George Jefferies) What would lord, there is a statute made in the 6th year you have, Mr. Attorney ?
of Edward the 6th, which I desire may be Att. Gen. (Sir Robert Sawyer) Have you read. the Outlawry there?
L. C. J. To what purpose would you have Cl. of Cr. Yes, Sir, here it is.
it read, sir Thomas ? Att. Gen. That which I bumbly pray, my Sir T. Armstrong. It giveth the prisoner, or Jord, is an award of execution for the king person outlawed for high-treason, a year's against sir Thomas Arnistrong upon the out- time to reverse the outlawry, if he were beyond lawry.
sea. I desire it may be read. L. C. J. First, we must file this return. L. C. J. Ay, let it be read. Where is it, do Att. Gen. I pray it may be filed.
you say? L. C. J. Let it be filed: now, what do you Sir T. Armstrong. It is in the 6th
of desire, Mr. Attorney ?
Edward 6. Att. Gen. My lord, I pray an award of exe- Mrs. Matthews. Here is a copy of it cution upou the outlawry.
[Shewing a paper.] L. C. J. Arraign him upon the outlawry. L. C. J. Why, how now? We do not use
C!. ofCr. Thomas Armstrong, hold up thy to have women plead in the Court of King's. hand. [ Which he did.), Thou hast been in- bench ; pray be at quiet, mistress. dicted in London, by the name of Thomas Sir T. Armstrong: Pray, hold your tongue. Armstrong, of London, knight, of bigh-treason, My lord, I could not come to alledge this for conspiring against the king's majesty's life, before, because I have been a close prisoner, and the government: for not appearing to and nobody permitted to come at me. I desire plead and try that indictment by due process counsel to be assigned me at this bar. of law issued against thee, upon that indict- L. C. J. For what, sir Thomas ? ment thou standest outlawed, and thereby at- Sir T. Armstrong. To argue whether this tainted of the same high-treason. What hast outlawry ought not to be reversed. thou to say for thyself, why execution should L. C. J. Read the statute be desires. Dot be awarded against thee upon that attainder Att. Gen. Ay, let it be read. Sir Thomas according to law?
will not find it to his purpose. Sir T. Armstrong. My lord, I was beyond Cl. of Cr. What Chapter is it? sea at the time of the outlawry ; I beg I'may L. Č. J. You may easily find it about out. be tried.
lawries for treason. L. C. J. That is not material at all to us; Cl. of Cr. Reads. · Provided always, and be we have here a record of an outlawry against it enacted by the authority aforesaid, That if you, sir Thomas.
the party' Sir T. Armstrong. I desire to be put upon Att. Gen. Read the clause before that, sir my trial, my lord.
Samuel. 'L. C.'J. We cannot allow any such thing ; Cl. of Cr. Reads. And that all process of we have nothing to do upon this record before outlawry hereafter to be made and had within us, but to award execution. Captain Richard- this realm, against any offenders in treason, son, which are your usual days of execution ? • being resiant or inhabitant out of the limits
Captain Richardson. Wednesdays and Fri- of this realm, or in any the parts beyond the days, my lord.
sea, at the time of the outlawry pronounced Mrs. Matthews. Here is a statute, my lord. • against them, shall be as good and effectual
L C. J. What is the matter with that gen- in the law, to all intents and purposes, as if tlewoman?
any such offenders had been resident and Sir T. Armstrong. Hold your tongue. My • dwelling within this realm, at the time of
• such process awarded and outlawry proThomas Armstrong delivered to the sheriffs at ( nounced.' the time of his execution, wherein he denies L. C. J. Read on the next paragraph. the being of a spy to Cromwell for the seizing Cl. of Cr. Reads. · Provided always, and be the king when in Flanders; be 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 bis 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 • of England for the time being, and offer to about him; be professed bimself to die in the traverse the indictment or appeal, whereupon reformed religion, and in the Communion of the said outlawry shall be pronounced as is the Church of England, concluding with his aforesaid : that then he shall be received to prayers for the king and these poor nations. “the said traverse, and being thereupon found
• His majesty bath been pleased as a signalpot Guilty by the verdict of 12 men, he favour to the lord chief justice Jefferys, to shall be clearly acquitted and discharged of take a diamond ring off his finger, and present • the said outlawry, and of all penalties and forit to his lordship." Narcissus Luttrell's MS. • feitures by reason of the same, in as large “ Brief Historical Relation," &c. in the Col- and ample manner and form, as though no lege of All Souls', Oxford.
such outlawry had been made, aby thing
• herein contained to the contrary in any wise Sir T. Armstrong. Methinks my lord, the • notwithstanding.'
statute is plain. Att. Gen. Sir Thomas, I suppose, now will L. C. ). So it is very plain that you can shew be yielded himself to your lordship. have no advantage by it. Captain Richardson,
L. C. I. This is the first time I have seen you shall have a rule for execution on Friday sir Thomas.
next. Sir T. drmstrong. My lord, I have been a Sir T. Armstrong. I would only take notice prisoner, and the year is not yet out; I pow of one thing, my lurd, may I speak? render myselt.
Att. Gen. Before he went out of England indictment; alledging that he was at Flushing he might have rendered himself, and been beyond the seas at the time the outlawry was tried, it he pleased.
pronounced. Sir T. Armstrong. I am within the benefit “ The chief justice said, we cannot refuse to of the statute, I conceive, my lord.
accept bis surrender ; he must be remanded to L. C. J. We think otherwise, sir Tbomas. Newgate; and let a special entry be made that
Sir T. Armstrong. I think, my lord, the sta- be offered to surrender, and to traverse tbe intute is plain in the case.
dictment.* L.C. J. We are of another opinion than you “ At another day in the same term the deare ; it doth not reach your case.
fendant was was again brought to the bar, and Sir T. Armstrong. The year is not yet out, he tendered a plea in parchment, • That lie and therefore I come time enough now; and was out of the realm on the 8th of February here I am, and desire the benefit of this act. wben the outlawry was pronounced,' and
L. C. J, Sir Thomas, you should have ren- pleaded over to the treason ; which plea was dered yourself to me.
received. The attorney-general prayed that Sir T. Armstrong. I do it now, my lord, and he might have a copy of the plea, and three the year is not yet out.
days time to demur or join issue; which was L. C. J. We cannot take notice of that; we granted; the court declaring that the attorney have nothing bui the outlawry, and you did not might bave joined issue instanter; and that on render yourself according to that act, but are the trial of such issue the prisoner could not brought as a prisoner before us now.
challenge any of the jury without cause. The Sir T. Armstrong. My lord, I beg I may prisoner prayed counsel and bad four assigned. bave counsel* to plead for me in this case. " At another day in the same term the pri
L. C. J. For what reason? we are of opi- soner being at the bar, by leave of the court, nion it is not a matter of any doubt. For you withdrew his plea ; and pleaded the substance must not go under the apprehension that we of it, viz. his being beyond sea on the 8th of Jeny you any thing that is right; there is no February, ore tenus. The attorney-general doubt nor difficulty at all in the thing. + ore tenus replied, “I say he was within the
• realm on the 8th of February, and I traverse *" Here the prisoner was denied counsel upon his being then out of the realm.' Issue being a point of law, in which case it was never pre- thus joined, the court awarded a venire returntended but he is intitled to it.” Former Edition. able instantòr, and the sheriff, sitting the court,
+" King and Johnson, Mich. 2. Geo. 2. returned a jury. Then the prisoner's counsel B. R. The prisoner was allowed to be within the opened tbe plea and case, and called their witbenefit of the Proviso, and though he had es- nesses; and the attorney-general insisting that caped out of prison, and was retaken in Eng: the witnesses should be examined apart, they land, was admitted to prove himself beyond were so examined; as likewise were tbe wit. sea at the time of the outlawry; and upon nesses produced on the part of the crown. proving that he was then at Middleburgh" in “ The prisoner's counsel managed the whole Zealand, bis outlawry was reversed, and he in his behalf, and three of them were heard on was admitted to a Trial, and acquitted : Arm- the reply; and the jury, after a short recess, strong's case was declared a precedent not fit returned with their verdict, . That the prisoner to be followed.” Former Edition.
was out of the realm on the 8th of February.' This Case of Johnson is thus reported by “ Then the prisoner was arraigned on the Mr. Justice Foster, Crown Law, 46.
indictment, to which be pleaded not guilty;
and the attorney joined issue, and prayed a “ Michaelmas, 2 Geo. 2. B. R.
venire returnable the first return of the next “ The Case of Roger JOHNSON, cited twice in term; which the court awarded; and the pri
soner was remanded to Newgate.” Mr. Ratcliffe's Case, was thus:
“ This note of Juboson's case was communi“ The defendant stood outlawed upon an in- cated to me by my good friend the late Mr. dictment for High Treason in diminishing the Justice Aboey. The case is reported by sercurrent coin of the kingdom, and was taken jeant Barnardiston in his first volume, and by and committed to Newgate. Being now sir John Strange. 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 E. 6. c. *“ This justice was refused to sir Thomas 11. (being within the year) and to traverse the Armstrong in a like case."
L. C. J. Ay, Sir Thomas, very freely what | tion with foreign ministers with other people you please.
were taken about him, and will beSir T. Armstrong. A little while ago there L. C. J. Weare not to meddle at all with was one in this place had the benefit of a Trial the evidence, Mr. Attorney ; that is not our offered him, * if he would accept of it ; that is business : here is an outlawry; upon this outthe thing I desire now, and I thank God, my lawry he is attainted; we have nothing more case is quite another thing than his, 1 know my to do, but to do the duty of the court upon this reown innocence ; and I desire to make it appear cord before us, to award execution upon that at by a trial.
tainder, and we must give a ruleforit. Ifthe king 2. C. J. Sir Thomas Armstrong, you may will be pleased to do for sir Thomas Armstrong go away with what opinion you please, of your what he did for Holloway, and indulge hima own innocency: but you are here attainted by trial, and wave the outlawry, with all our out-lawry. That wbich was done to him you hearts. We are not disposers of his grace and speak of, was the grace and mercy of the king, favour, but the ministers of his justice. If the and be may, if he please, extend the same king will pardon him, he may ; that is not our grace and favour to you ; but that is not our bu- business ; but all we bave to do upon what is siness : we are satisfied that according to law before us, is to consider the record, and what we must award execution upon this outlawry.t the prisoner says against awarding of execution.
Mrs. Matthews. My lord, I hope you will We have considered whether this be a yielding not murder my father; this is murdering a man. within the proviso of this statute, and we think
L. C. J. Who is this woman? Marshal, take it is not, nor can be, by any means. her into custody. Why, how now ? Because Sir T. Armstrong. My lord, I am within the your relation is attainted for high-treason, must statute. I was outlawed while I was beyond you take upon you to tax the courts of justice sea, and I come now here within the twelvefor murder, when we grant the execution ac- month. That is all I know, or have to say in
this matter. Mrs. Matthews. God Almighưy's judgments L. C. J. We think quite the contrary, Sir light upon you !
Thomas. L. C. J. God Almighty's judgments will Sir T. Armstrong. When I was before the light upon those that are guilty of high-trea- council, my lord, they ordered that I should
bave counsel allotted me, but I could have no Mrs. Matthews. Amen, I pray God. benefit by that order ; for when I was taken, I
L. C. J. So say I. But clamours never pre-was robbed of all the money I had, and have not vail upon me at all : I thank God, I am cla- had one penny restored to me, nor any mour proof, and will never fear to do my duty. money since ; I know not whether the law al. [Then she was carried away.)
lows persons in my condition to be robbed Att. Gen. My lord, I would only acquaint and stripped. you with one thing, in reference to what sir L. C. J. I know nothing at all of that matThomas Armstrong has said : the king did in. ter, sir Thomas. dulge Holloway, that he speaks of, it is true, so Sir T. Armstrong. My lord, I know lawyers far as to offer him a trial, and his majesty, per- will not plead without money, and being robbed, haps might have some reason for it, but the I could not have wherewithal to fee them. prisoner truly deserves no sort of indulgence L. C. J. Sir Thomas Armstrong, you take or mercy from the king. For it bas appeared the liberty of saying what you please ; you by the evidence that has been giver of this late talk of being robbed, nobody has robbed you horrid conspiracy, that after the disappoint that I know of. ment that was given by the providence of God, Sir T. Armstrong. Nobody says you do by the fire at New-Market, to the meeting at know of it ; but so it is. the Rye ; this gentleman was one of the per- L. C. J. Nay, be as angry as you will, sir sons that actually engaged to go upon the king's Thomas, we are not concerned at your anger. hasty coming to town, and to destroy him by We will undoubtedly do our duty. the way as he came to town. And this appears Sir T. Armstrong: I ought to have the beneupon a full and clear evidence, as positively | fit of the law, and I demand no more. testified as any thing can be. And when he L. C. J. That you shall have by the grace of was taken beyond seas, letters of communica- God. See that execution be done on Friday
next, according to law. You shall have the * See the Case of Holloway, p. 1, of this full benefit of the law. volume.
+ See in this Collection, Mr. Erskine's Then the prisoner was carried back to Newobservations on this Case in his Address to the gate, and afterwards, upon a Petition, the Court Jury in Hardy's Case, A. D. 1794. See, too, ordered Mrs. Matthews to be released out of the Case of Purefoy as there mentioned by Mr. custody without fees. Erskine.
1 " If this had been so evidently clear, it can ness of the contrary could, probably, have prescarce be imagined they would þave been so vailed to put so strained a sense on the statute, backward to have waved the outlawry, and let in order to deprive him of a Trial.” Former him have his trial ; nothing but a couscious- Edition. VOL. X.
The sheriffs of London and Middlesex, about, and particularly of what Mr. Attorney accused nine o'clock in the morning, coming to New- him of at the bar. gate, and demanding their prisoner, he was That he prayed to be allowed a trial for forthwith delivered to them, and put into a his life, according to the laws of the land, and sledge, and drawn to the place of execution, at- urged the statute of Edward 6th, which was tended by a numerous guard, and as great a expressly for it; but it signified nothing, and number of spectators, of all degrees and quali- he was with an extraordinary roughness con. ties, as have been seen on such occasions. demned and made a precedent; though Hol
He employed the time he was drawing to loway had it offered him, and he could not but Tyburn in reading "The Whole Duty of Man,” think all the world would conclude his case till he came within sight of the gallows, and very different, else why was it refused to bim? then he laid it by, and with lifted up hands and T'hat Mr. Attorney charged him for being eyes, addressed bimself to Heaven, till he came one of those that were to kill the king. He took beneath the tree, where he remained about a God to witness, that he never had a thought to quarter of an hour in the sledge ; before he take away the king's life, and that no man ascended the cart that stood ready for him, he ever had the impudence to propose so barbarous desired the sheriff to admit Đř. Tennison to and base a thing to bim; and that he never come to him : and having delivered a paper to was in any design to alter the government. the sheriff, the doctor kneeled down with the That if he had been tried, he could have provprisones, and prayed with bim about a quarter ed the lord Howard's base reflections upon bim of an hour, during all which time the pri- to be notoriously false. He concluded, That soner preserved a becoming and heroic coun- he bad lived, and now died of the Reformed. tenance, little daunted with the terror of that Religion, a Protestant in the communion of the fate he was in view of : but rising from his de church of England, and he heartily wished he votions, be pulled off his cravat and hat, which had lived more strictly up to the religiop he be gave to his servant who attended him, and believed: That he had found the great combad followed him by the sledge-side, when fort of the love and mercy of God, in and kneeling down himself, be prayed for a short through his blessed Redeemer, in whom he time with fervency and devotion, begging par- only trusted, and verily hoped that he was don of his God for those manifold and crying going to partake of that fulness of joy which sins he had been too often guilty of, and con- is in his presence, the hopes whereof infinitely cluded with a resignation of himself to the pleased him. He thanked God he had no reGod of Heaven and earth, before whose judy- pining, but chearfully submitted to the punishment seat he was forth with to appear, desiring ment of his sins : he freely forgave all the that the whole world would forgive him, with world, even those concerned in taking away whom he hoped he died in peace and charity. bis life, though he could not but think his senHaving thus ended these devotions, he again tence very hard, he being denied the laws of stood up, and putting off his periwig, he bad the land.” a white cap delivered to him, which he put on; and being soon after tied up, the chief of bis These Proceedings were afterwards enquired discourse was addressed to a gentleman who into, and censured as illegal by the House of stood by him ; and after a short space, holding Commons in 1689.* up his hands, he again renewed bis prayers ; his visage little changing all the time, till the
Martis, 12 November, 1689. very monient the cart drew away ; the execu- A Petition of the lady Armstrong and her tioner baving pulled the
daughters, was read ; whereupon a Committee continued his prayers all the time, and even was appointed to examine the matter, and wbilst he hung, as long as life was in him, make their report to the House. and he had the command of his lips ; after he
“ Resolved; had hung about half an hour, and the execu- “ That it be an instruction to the Committee, tioner bad divested bim of his apparel, he was That they examine who were the judges that cut down according to his sentence, bis privy gave the sentence against sir Tbomas Armmembers burnt, his head cut off, and shewed strong, and wbo were the prosecutors of him; to the people as that of a traitor, bis heart and and who had his estate; and how the petibowels taken out, and committed to the flames, tioners may have reparation : and also to exaand his body quartered into four parts, which mine whai proceedings were in order to a with bis bead was conveyed back to Newgate, writ of error hy hira desired, and how it came to be disposed of according to his majesty's to be denied, and by whom: And they are te pleasure ; and were afterwards publicly ex- make their report with all convenient speed.” posed.
Martis, 19 November, 1689. The substance of the Paper delivered to the Mr. Chrisly reported from the Committee sheriff
was, “ Toat he thanked Almighty God, to whom the Petition of the lady Armstrong, he found himself prepared for deaih, bis and the daughters of sir Thomas Armstrong thoughts set upon another world, and weaned was referred; an account of the wbole profroin this ; yet he could not but give so much of his little time as to answer some calumnies, * See 5 Cobb. Parl. Hist. 445, 516.