father again insisted on what he conceived to be his right. "I ask" he said, "only the benefit of the law." "And, by the grace of God, you shall have it," said the judge. "Mr. Sheriff, see that execution be done on Friday next. There is the benefit of the law for you." On the following Friday, Armstrong was hanged, drawn and quartered; and his head was placed over Westminster Hall.[1]
The insolence and cruelty of Jeffreys excite, even at the distance of so many years, an indignation which makes it difficult to be just to him. Yet a perfectly dispassionate inquirer may perhaps think it by no means clear that the award of execution was illegal. There was no precedent; and the words of the Act of Edward the Sixth may, without any straining, be construed as the Court construed them. Indeed, had the penalty been only fine or imprisonment, nobody would have seen any thing reprehensible in the proceeding. But to send a man to the gallows as a traitor, without confronting him with his accusers, without hearing his defence, solely because a timidity which is perfectly compatible with innocence has impelled him to hide himself, is surely a violation, if not of any written law, yet of those great principles to which all laws ought to conform. The case was brought before the House of Commons. The orphan daughter of Armstrong came to the bar to demand vengeance; and a warm debate followed. Sawyer was fiercely attacked and strenuously defended. The Tories declared that he appeared to them to have done only what, as counsel for the Crown, he was bound to do, and to have discharged his duty to God, to the King, and to the prisoner. If the award was legal, nobody was to blame; and, if the award was illegal, the blame lay, not with the Attorney General, but with the Judges. There would be an end of all liberty of speech at the bar, if an advocate was to be punished for making a strictly regular application to a Court, and for arguing that certain words
- ↑ See the account of the proceedings in the collection of State Trials. It has been asserted that I have committed an error here, and that Armstrong's head was placed on Temple Bar. His head was on Westminster Hall. See Luttrell's Diary, June 1684.
