He had been outlawed; but the year allowed him for surrendering himself was not expired.

A trial was therefore offered him but as he had at first confessed his being engaged in a conspiracy for an insurrection, and even allowed that he had heard some discourse of an assassination, though he had not approved of it, he thought it more expedient to throw himself on the king's mercy.

He was executed, persisting in the same confession.
Sir Thomas Armstrong, who had been seized in Holland, and sent over by Chidley, the king's minister, was precisely in the same situation with Holloway: but the same favor, or rather justice, was refused him.

The lawyers pretended, that unless he had voluntarily surrendered himself before the expiration of the time assigned, he could not claim the privilege of a trial; not considering that the seizure of his person ought in equity to be supposed the accident which prevented him.

The king bore a great enmity against this gentleman, by whom he believed the duke of Monmouth to have been seduced from his duty; he also asserted, that Armstrong had once promised Cromwell to assassinate him; though it must be confessed, that the prisoner justified himself from this imputation by very strong arguments.