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A43957 The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness. Turner, John, b. 1649 or 50. 1684 (1684) Wing H2190B; Wing T3309_CANCELLED; ESTC R41849 81,748 75

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concerned in his Design he might Name three parts of London His last wheedle was That he had no Design against His Majesties Person but that what was intended was only for the good of the King and Kingdom and that so he suppos'd it would have been The Paper Delivered to the Sheriffs was but an Epitemy of his Confession to the King which has been already said was no more then an Accompt of what has been already Printed in all the considerable Tryals of the late Executed Offenders or rather not so much Lastly As for his Religion he professed himself neither a Dissenter from the Church of England nor joyn'd with them altogether concluding his last Words That the Scriblers might be put down as having done the Kingdom more Mischief then any thing else After which being ask'd whether he had any more to say he Answered No and then the Sheriff desired of God to have Mercy on his Soul FINIS AN ABSTRACT OF THE PROCEEDINGS AT THE Kings-Bench AT VVESTMINSTER AGAINST Sr. Thomas Armstrong Vpon an Outlawry for High-Treason upon Saturday June the 14h 1684. BY ANOTHER HAND SIR Thomas Armstrong being then brought to the Bar of the said Court by Vertue of a Writ of Habeas Corpus directed to the Keeper of Newgate and the return of the Writ being read by the Clerk of the Crown it appeared he was in Custody of the said Keeper by a Warrant from the Honourable Sidney Godolphin Esq one of His Majesties Principal Secretaries of State Which Warrant being read in Court and the Award of Execution upon the Outlawry being demanded by His Majesties Attorney General and Sir Thomas being thereupon Arraigned and asked what he had to say for himself why Execution should not be awarded against him according to Law At first he seem'd as having nothing to say for himself only begg'd a Tryal which being denyed him as a thing which indeed it was not in the Power of the Judges themselves to grant he then insisted upon a Statute made in the Sixth of Edward the Sixth by which it was provided That if the Person Outlawed should within one Year after the Outlawry was pronounced or Judgment given thereupon yield himself to the Chief Justice of England for the time being and after to Traverse the Indictment or Appeal whereupon the said Outlawry was pronounced that then he should be received to the Traverse c. And though Sir Thomas pretended to render himself within the Year being then present at the Kings-Bench-Bar yet the Court did not think this a yielding in the Sense of the Statute being at that time under restraint and not at his own disposal without any semblance that he would otherwise have yielded up himself to Justice at all And indeed it is very strange that yielding and being at Mercy whether a Man will or no should be Interpreted the same as if a voluntary act and a necessary misfortune in which we are only passive were the same besides that he that yields only in this Sense and Circumstance when it is impossible for him to flye any longer is in reason still looked upon as a flying Person because his Will still flyes though his Body cannot and he that in all appearance would still continue to flye if he were able there being before his Apprehension no Antecedent appearance of a voluntary surrender is by no means within the Favour of the Traverse because the Reason of the Award is founded upon a supposed acknowledgment of Guilt which is express'd by flight and this tacite Acknowledgment does still remain if the Person do no otherwise surrender himself but by force and because it vvas not in his Povver to have avoided it though he vvould never so fain Sir Thomas his Affair may be Illustrated by a parallel Instance Suppose a French Army set down before one of the Spanish Tovvns in Flanders the General sends a Summons and offers such or such Conditions in Case of a surrender before such a day vvhich Conditions are rejected by the Governour of the Town who stands wholly upon his Defence and vvill hear of no sort of Overtures vvhatsoever It so happens upon this that the Tovvn is taken by Storm before that day comes the Question is Whether Burgess of this Tovvn may lay claim to the performance of the said Conditions And my Opinion is That a Tovvn taken may be as properly said to yield as Sir Thomas Armstrong Besides that is very strange that an Act of Parliament vvhich is in other Cases so Nice and Circumspect sometimes by heaping up Synonimous Words and all other Words of a different signification the better to prevent all exception should in this be so careless as to Confound Liberty and Necessity together the tvvo things of all the World that are the most Distant from and Opposite to one another Sir Thomas after this laid vvhat hold he could on the Favour shevvn to Holloway a little before but that being meerly an Act of Grace from the King vvho is the best Judge and the only Proprietor of his own Favours and so not lying before the Court after some Altercation Execution was ordered upon the Fryday following and for his Behaviour at the place of Execution I refer you to the Sheriffs Papers FINIS