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505. Proceedings* against James Holloway,t in the King's
Bench, on an Outlawry for High Treason : 36 CHARLES II.
April 21, A. D. 1684. His majesty's Attorney General having, on why execution should not be awarded upon an Friday last, moved the court of King's Bench Outlawry for High Treason against him. The for an Habeas Corpus returnable this day, di. Keeper of Newgate, according to the comrected to the Keeper of his Majesty's gaol of mand of the writ, brought him this day to the Newgate, to bring thither the body James bar of the said court, where he was proceeded Holloway, then in his custody, to shew cause against in this manner.
* There is a short note of this case in 3 Mod. this plot, different from what had appeared in 42; which see, and the books referred to, in managing the Popish plot. The same men, Mr. Leach's edition of that work.
who were called rogues, when they swore
against papists, were looked on as honest men + "Some time in the spring eighty four, when they turned their evidence against ProHolloway was taken in the West Indies, and testants. In all his answers to the sheriffs, sent over. He was under an Onstlawry for who at the place of execution troubled bim Treason. The Attorney General offered bim a with many impertinent questions, he answered trial, if he desired it. But he was prevailed on, them with so much life, and yet with so much by the hope of a pardon, to submit and confess temper, that it appeared he was no ordinary all be knew. He said, ñe was drawn into some man. His speech was suppressed for some meetings, in which they consulted how to raise days: But it' broke out at last. In it he exan insurrection, and that he and two more had pressed a deep sense of religion : His prayer undertaken to manage a design for seizing on was an excellent composure. The credit of Bristol, with the help of some that were to the Rye Plot received a great blow by his concome to them from Taunton: But he added, fession. All that discourse about an insurrec-. that they had never made any progress in it. tion, in which the day was said to be set, apHe said, at their meetings at London, Ramsey peared now to be a fiction; since Bristol had and West were often talking of lopping the been so little taken care of, that three persons king and the duke: But that he had never had only undertaken to dispose people to that de, entered into any discourse with them upon that sign, but had not yet let it out to any of them.' subject : And he did not believe, there were so that it was plain, that after all the story they above five persons that approved of it. These had made of the plot, it had gone po further, were West, Rumsey, Rumbold, and his bro- than that a company of seditions and inconsither: The fifth person is not named in the derable persons were framing among them.' printed relation. Some said, it was Ferguson: selves some treasonable schemes, that were Others said, it was Goodenough. Holloway never likely to come to any thing; and that was thought by the court not to be sincere in Rumsey and West had pushed on the exehis confession. And so, since what he had ac- crable design of the assassination, in which, knowledged made himself very guilty, he was though there were few that agreed to it, yet executed, and died with a firm constancy. He too many had heard it from them, who were shewed great presence of mind. He observed both so foolish, and so wieked, as not to disthe partiality that was evident in managing cover them." Burnet, p, 576. VOL. X.
The return of the writ of Habeas Corpus was Att. Gen. If your lordship please, the infirst read.
dictment may be read to him, that he may unCl. of Cr. James Holloway, hold up thy derstand what it is, and may not go blind to hand. [Which he did.] Thou hast been in execution. dicted in London, by the name of James Hol- L. C. J. Ay, Mr. Attorney, if you please, loway, late of London, merchant, for High Trea- | let it be so. son by thee committed, touching the king's Cl.of Cr. Reads. “The jurors being sworn majesty's person, and the government of this to enquire for our sovereign lord the king, and his kingdom of England, and for not appearing the body of the county of the city of London, and answering that indictment, by due process upon their oaths present, That”. -[And so of law, upon the indictment thou standest out the whole Indictment was read.] lawed, and upon that outlawry thou standest Cl. of Cr. That is the Indictment, Mr. Atattainted of the same high-treason; What hast torney, and upon this he is outlawed. thou to say for thyself why execution should Att. Gen. And so stands attainted. What not be awarded against thee upon that attainder hath he to say to it? by this court according to law?
L. C. J. Ay, why sbould we not awarıl exeHolloway. My lord, I have been a great cution against him according to law? while absent, and know not wbat hath been Cl. of Cr. Have you any
thing to say ? done in this matter, or proved against me. Holloway. I have said what I have to say:
Lord Chief Justice. (Sir George Jefferies.) Att. Gen. Pray what is that, my lord, that Yes, you have been absent so long it seems, that he has said, for I was not here? yoa now stand outlawed, and thereby attainted Holloway. I beg his majesty's mercy. of high treason; there is nothing now remains Att. Gen. If the king be so gracious as to with the court, but only to make a rule for admit you to your trial, can you make a deyour execution
fence against the indictment? Have you any Holloway. It'an ingenuous confession of the thing to say that you can defend yourself by, truth will merit the king's pardon, then sure I if the king do admit you to be tried, and that is have done it.
a mercy and a grace, for at Jaw you are gone. L. C. J. For that matter we are not to dis- L. C. J. It is so, indeed, Mr. Attorney; if pose of the king's mercy, he will dispost of his you will on the king's behalf indulge him so own merey as he shall think fit. Is Mr. At- far, as I suppose you have authority from the torney in the hall?
king to consent unto, that if he has a mind to Crier. Yes, my lord, he is.
try the fact, and can defend himself, he shall L. C. J. Then pray send for him.
have that liberty, that is a great mercy, I as. Which was done, and in a little time after he
Ait. Gen. My lord, That is the only reason came into court.
why I did cause the indictment to be read that · L. C. J. Mr. Attorney, here is the prisoner he might hear it; that supposing he were not at the bar, Holloway.
outlawed, but that were out of the case, if he Att. Gen. (Sir Robert Sawyer.) Yes, my hath any thing to say that could defend him Lord, I see he is. Sir Samuel Åstry, have you from it, the king would not exclude him, but the record there?
admit him to his trial, and extend his mercy so Cl. of Cr. Yes, Sir.
far to him, L. C. J. It has been read to him, Mr. At- L. C. J. Mr. Attorney, it is exceeding well, torney.
Now you understand what is said by the king's Att. Gen. My lord, I would know what he Attorney, you have heard the indictment read. saith that executiou should not be awarded. It is an indictment of high treason, that you
L. C. J. He talks of discoveries and con- with other false traitors, Hone, Rymball, the fessions, which we, you know, cannot take any Goodevouglas, and the rest, did conspire the potice of; ask him again.
death of the king. Now though you are in Cl. of Cr. Hast thou any thing to say for law actually attainted, as much as it you had thyself why execution should not be awarded been tried and convicted, and received judg. against thee, according to law ?
ment of death upon that conviction, to all inHolloway. My lord, I know not what hath tents and purposes, and there is no more for the been proved against me, but I have made such | court to do, but to award execution upon this an ingenuous confession to his majesty of what attainder, and be dealt with as a false traitor. * I know
Yet however in as much as you have heard the L. C. J. Proved against you? You are out- indictment read, if you think you have any lawed upon an indictment for high treason; thing to say that would satisfy the world, or a what can you say against the court's awarding jury, that you are not guilty of what you are execution
indicted and accused of, it seems the king is Att. Gen. My lord, has he heard the indict- pleased to signify his gracious intention toment upon yhich the outlawry was grounded ? | wards you liy Mr. Attorney General, that he is
Cl. of Cr. No, Sir, only the substance was contenied to wave that other part, the attainder told him, That he was indicted of high treason, by outlawry, and you shall have the liberty to and outlawed for it, and stauds attainted by that try it, if you think you can defend yourselt outlawry.
Holiquy. My lord, I cannot undertake to
defend myself, for I have confessed before his Cl. of Cr. Yes, my lord, we always enter it sn, majesty that I am guilty of many things in L. Č.J. Captain Richardson, I think, Wedthat indictment, and I throw myself on the resdays and Fridays are your usual execution king's mercy.
days in London, are they not? L. C. J. Then be confesseth it, and will not Capt. Richardson. Yes, my lord, either of undertake to defend himself; as for the king's them. mercy, that we must leave to his majesty, who L. C. J. Then Wednesday seven-night. is the dispenser of his own grace, we are to Capt. Richardson. Does your lordship apexecute bis justice, and must give a rule ac point Wednesday next? cordingly.
L. C. J. No, that will be too quick; Wed. Just. Withing. But I hope every body here nesday seven-night. takes notice of his open confession, when he Capt. Richardson. What day your lordship might try it if he would. Surely none but will pleaseth, I suppose I shall have a rule. believe this conspiracy now, after what this Cl. of Cr. You shall have a rule, and an man hath owned,
Habeas Corpus to deliver him, as the course is. L. C. J. We were well enough satisfied about L. C. J. In the mean time take your prisoner It before, and so was every honest man, I dare back again. say. Just. Withins. Yet, perhaps, though he saith
And accordingly he was carried back to it, and others have confessed it, and the evi
Newgate. dence hath been made public, there are many
After which he sent the following Petition to people that say they will not believe it. the King for mercy:
L.C. J. We do not mightily concern ourselves what the people say I am sure not one
Most great and gracious Sovereign, of all that were concerned in this conspiracy,
I your majesty's now close prisoner in have dared to deny it absolutely, though some
• Newgate, and condemned for my crimes, have been prevailed upon by ill advice, to pre
" which I have confessed myself guilty of, in a varicate about it, and shuffle it off. But none
paper of my own writing, delivered to the of them have had the confidence absolutely to
• right honourable the lords of your majes. deny the truth of the fact, notwithstanding all ty?s privy council, in which is a true and the calumnies and reproaches cast upon
• faithful account of all that I know con
the government, and all the arts that have been cerning the late Plot, with the manner how I made use of to stifle it.
was drawn into it, and the reasons wby I did Just. Withins. My lord, I speak it the rather not come in at the first discovery, and cast because we see what work sir Samuel Barnar
myself at your majesty's feet for mercy, diston has made of it in bis Letters, where he
• which I hope your majesty hath perused, and calls it a Sham-Plot, and says it is lost, except
• find no cause to think I have reserved any it be found among the Abhorrers and Ad
thing undiscovered; for when I was first dressers.*
• taken, I resolved to declare the whole truth, L. C. J. Bat now the Plot is found among
• and nothing but the truth, whicb I have here the conspirators and traitors, he may write to
• done, and will own to be true, before any that his correspondents in the country the next time, Plot; and if any thing more occurs to my
• shall offer to contradict it, or say there was no it is found among the reformers of governmemory, will not fail to declare it. I have ment, and religion, that can swallow all things, that can kill kings and levy war, and do the now nothing to say for myself why I should worst of villainies to promote religion and re
not be executed, according to condemnation, formation, as they call it-Let us think of
• but do most humbly prostrate myself at your some convenient day, and give such order that
• majesty s feet for mercy, acknowledging my the sheriffs see execution done according to
hearty sorrow for all that I have been guilty law.
of, and remain in hopes, that that fountain of Att. Gen. You must first pronounce the
mercy which hath so abundantly flowed from judgment, my lord.
'your majesty's sacred breast, ever since your Just. Withins. It is never pronounced in
happy restoration, is not yet dry, but that such a case, Mr. Attorney.
there are some drops left for me, which if I L. C. J. No, we only give a rule for execu
may be so happy as to obtain, I shall always
• whilst I live, endeavour to approve myself tion, the outlawry is the judgment, and that is upon the record alreadyt.
your majesty's most true and faithful sub
joct; and, I hope will answer the ends of a * See bis Case, vol. 9, p. 1334, of this Cole
pardon. Which that I may so do, and for
your majesty's long life, peaceable and happy tion.
reign, shall ever pray, &c. J. HOLLOWAY." + See, in this Collection, the Cases of Sir Thomas Armstrong in this same year, 1684, His Petition being rejected, he was executed Ratcliffe, A. D. 1746, and of Dr. Cameron, A. D. April 30th, 1684. 1953, and the authorities referred to in those cases. The Stat. 7 W. 3. c. 3. s. 3. saves the lawed, do afterwards intitle themselves to a trial benefit of the regulations thereby enacted on on the merits. See East's Pleas of the Crown, trials for treason, to such as, having been out- ch. 2, s. 69.