L. Ch. Just.
First we must File this Return.
Mr. Att. G.
I pray it may be Filed.
L. Ch. Just.
Let it be Filed: Now what do you de∣sire
Mr. Attorney?
Mr. Att. G.
My Lord, I pray an Award of Execution
upon the Outlawry.
L. Ch. Just.
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 Maje∣sties
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 Execu∣tion
should not be Awarded against thee upon that At∣tainder
according to Law?
Sir Thomas Armstrong.
My Lord, I was beyond Sea at
the time of the Outlawry; I beg I may be Tried.
L. Ch. Just.
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. Ch. Just.
We cannot allow any such thing, we
have nothing to do upon this Record before us but to A∣ward
Execution. Captain Richardson, which are your u∣sual
days of Execution?
Capt. Richardson.
Wednesdays and Fridays, my Lord.
Mrs. Matthews.
Here is a Statute, my Lord.
L. Ch. Just.
What is the matter with that Gentlewo∣man?
Sir T. Armstrong.
Hold your tongue. My Lord there
is a Statute made in the 6th. year of Edward the 6th.
which I desire may be read.
L. Ch. J.
To what purpose would you have it read,
Sir Th••mas?
Sir T. Armstrong.
It giveth the Prisoner, or Person Out∣lawed
for High-Treason a years time to reverse the
Outlawry, if he were beyond S〈…〉〈…〉sire it may be
Read.
L. Ch. Just.
Ay let it 〈…〉〈…〉 is it do you
say?
Sir T.
〈…〉〈…〉 year of Edward the
Sixth 〈…〉〈…〉.
Mrs. Matt.
〈◊〉〈◊〉 is a Copy of it—shewing a Paper.
L. Ch. J.
Why? how now, We do not use to have
Women Plead in the Court of King's-Bench; pray be at
quiet, Mistriss.
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 no Body permitted to come
at me. I desire Councel to be assigned me at this
Bar.
L. Ch. Just.
For what, Sir Thomas?
Sir T. Armstrong.
To argue whether this Outlawry
ought not to be reversed.
L. Ch. Just.
Read the Statute he desires.
Mr. Att. G.
Ay let it be Read. Sir Thomas will not find
it to his Purpose.
Cl. of the Cr.
What Chapter is it?
L. Ch. Just.
You may easily find it about Outlawries
for Treason.
Cl. of the Cr.
reads. Provided always, and be it En∣acted
by the Authority aforesaid, That if the Party—
Mr. Att. G.
Read the Clause before that, Sir Samuel.
Cl. of the Cr.
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 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 pronounced.
L. Ch. Just.
read on the next Paragraph.
Cl. of Cr.
reads. Provided alway, and be it enacted by the
Authority aforesaid, That if the Party so hereafter to be Out∣lawed,
shall within one Year next after the said Outlawry pro∣nounced,
or Judgment given upon the said Outlawry yield him∣self
unto the Chief Justice of England for the time being, and
offe•• 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 ac∣quitted
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 notwith∣standing.
Mr. Att. Gen.
Sir Thomas, I suppose, now will shew
he Yielded himself to your Lordship.
L. Ch. Just.
This is the first time I have seen Sir Tho∣mas.
Sir T. Armst.
My Lord I have been a Prisoner, and the
Year is not yet out; I now render my self.
Mr. Att. Gen.
Before he went out of England he might
have rendred himself, and been Tried, if he pleased.
Sir T. Armst.
I am within the benefit of the Statute, I
conceive, my Lord.
L. Ch. Just.
We think otherwise, Sir Thomas.
Sir T. Armst.
I think, my Lord, the Statute is plain
in the Case.
L. Ch. Just.
We are of another Opinion then you are;
it doth not reach your Case.
Sir T. Armst.
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. Ch. Just.
Sir Thomas, you should have rendred your
self to me.
Sir T. Armst.
I do it now my Lord, and the Year is
not yet out.
L. Ch. Just.
We 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.
Sir T. Armst.
My Lord, I beg I may have Councel to
Plead for me in this Case.
L. Ch. Just.
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.
Sir T. Armst.
Methinks, my Lord, the Statute is
plain.
L. Ch. Just.
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.
Sir T. Armst.
I would only take notice of one thing,
my Lord, may I speak?
L. Ch. Just.
Ay Sir Thomas, very freely what you
please.
Sir T. Armst.
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.