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A26159 An Account of the tryal of Charles Bateman, chirurgeon, for high treason in conspiring the death of the late King and the subversion of government, &c., who was tryed and found guilty, at Justice-Hall in the Old Bayly, on the 9th of December, 1685 : the tryals of John Holland and William Davis, for conspiring against, violently assaulting, and without any warrantable cause, imprisoning William Chancey ... who were tryed and found guilty at Justice-Hall in the Old-Bayly, on the 10th of December, 1685 : as also the tryals of John Holland, William Davis, and Agnes Wearing, for a notorious burglary and felony ... who were tryed and found guilty, at Justice-Hall in the Old-Bayly, on the 11th of December, 1685. Bateman, Charles, d. 1685.; England and Wales. Court of Quarter Sessions of the Peace (London) 1685 (1685) Wing A415A; ESTC R35678 19,910 22

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Subordinates whom he should appoint the Names of the Lanes and Streets of each Division being likewise inserted therein and at that time Rumbold proposed the Business of the Rye House saying He had a House very convenient to plant men in to seize the King in his return from Newmarket but that he somewhat boggled about the Killing the Postillion which had been proposed the better to stop the Coach because it looked too much like an Exploit in cold Blood He further deposed that he had been at divers other places where it had been discoursed to the same effect and that Mr. Bateman was looked upon as a Person fiting to manage one Division in order to an Insurrection to seize the Tower City c. This being the Sum of Mr. Keeling's Evidence Mr. Bateman said that what he had sworn did not affect or charge any Treason upon him and was answered by the Court that it did not and bid the Jury take notice that what Mr. Keeling had sworn was only to the Gonspiracie in General and did not affect the Prisoner in particular Then Thomas Lee was sworn and gave Evidence that he being made acquainted with the Design by Mr. Goodenough c. and how the City was to be divided into Twenty Parts and mannaged and being asked who was a fit man to manuage one Part he nominated Mr. Bateman and thereupon was desired to go to him and speak with him about it as from Mr. Goodenough and when he came to discourse him about that affair he apprehended very plainly that he was no stranger to it nor boggled to give his assent and seemed much desirous to speak with Mr. Goodenough about it That he likewise went one day to the late Duke of Monmouth's House with Mr. Bateman and Mr. Bateman after he had had some Discourse with one of the Duke's Servants came to him and told him the Duke was willing to ingage in the Business and assur'd him that he had divers Horses kept in the Country to be in a readiness when matters should come to Extremity and from thence he went with him to the King 's Head-Tavern and there had discourse to the same effect and from thence they came to the Devil-Tavern within Temple-Bar where Mr. Bateman proposed the seizing the City Tower Savoy White-Hall and the Person of the late King and promised not to be wanting therein At another time he met him at the Half-Moon Tavern in Aldersgate-street where discoursing about the Condition th● Conspirators were in As to the intended Insurrection he said If he could but see a Cloud as big as a man's hand he would not be wanting to Employ his Interest and that there were other Discourses tending to the Insurrection but were broke off by the coming in of one John Allmeger before whom Mr. Bateman would not discourse because he knew not of his coming Mr. Lee being asked the Design of that meeting replyed it was upon the Account of carrying on the Conspiracie and that Mr. Bateman had told him that he intended to take a house near the Tower to place men in in order to surprize it and that he had held divers Conferences with some Sea Captains on that affair and that he had been with them at Coffee-Houses c. at sundry other times but there to prevent Discovery they spoke of the Design at a great distance To this Evidence Mr. Bateman objected that if he had been conscous of what was laid to his Charge he was fit for Bedlam saying He wonder'd if he had heard him speak such words he had not accused him sooner but was answered that Mr. Goodenough was not to be had till after the Rebellion in the West and that Lee's single Testimony in Case of High-Treason in so high a Nature was not sufficient Then Mr. Richard Goodenough was called who being sworn deposed that being in compaay with Mr. Bateman to the best of his remembrance at the Kings-Head Tavern in St. Swithings-Alley near the Royal-Exchange and having some Discourse about the intended Insurrection and of Wade and others that had engaged to promote it Mr. Bateman not only approved of the Design but promised to use his Interest in raising men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town To this he objected that he was not at the Kings-Head with Goodenough to which Mr. Goodenough replyed He had not sworn possitive to the place though he verily believed that was the place but however as to the Discourse and Words then spoken by Mr. Bateman he was possitive The Evidence being thus full against Mr. Bateman and he liberty granted him to make what defence he could he desired that Sir Robert Adams might be heard in relation to a false report the said Mr. Lee had raised of Sir Robert and others and Sir Robert being in Court gave Evidence that there had been a report abroad said to be raised by Mr. Lee that he viz. Mr. Lee had beaten three Knights and that Mr. Lee had came to him and asked his Pardon acknowledging the thing in it self was altogether false To the same purpose Sir Simon Lewis was called but appeared not Ames Child being called by Mr. Bateman to testifie his knowledge of Mr. Lee and being asked what he could say against him Declared That he knew nothing to the contrary but Mr. Lee was an honest man One Baker being called by Mr. Bateman to testifie that Mr. Lee would have subborned him against him to his prejudice some Years since of which he had made an Affidavit before Sir William Turner and the said Baker not then appearing in Court he desired Sir William Turner to give some account of Baker's Examination which he said Sir William had taken but it being above two Years since Sir William declared He could not charge his memory with any of the Particulars contained therein Mr. Tompkins Sir William Turner's Clerk being called and asked what he could say concerning any Examination of Baker's taken before Sir William that related to Lee he said there was an Examination taken Anno 1683. wherein Mr. Lee was mentioned but to the best of his Remembrance it was returned before the King and Council and he could not give any account of the Particulars Then Mr. Bateman desired to know upon what Statute he was Indicted and was informed by the Court That the Treason wherewith he stood charged was Comprehended within the 25th of Edward the 3d. and the 13th of Car. 2. by Overt-Act and having little more to say in his own Defence After a favourable hearing of all he had materially to offer and his Son having been allowed by the Court to assist him in looking over his Notes and calling his Witnesses by reason he through sickness pretended himself incapable Then the Lord Chief Justice of the King 's Bench Sum'd up the Evidence at large and omitted nothing that might be for the
AN ACCOUNT OF THE TRYAL OF Charles Bateman Chirurgeon FOR High-Treason IN CONSPIRING The Death of the late King And the Subversion of the Government c. Who was Tryed and found Guilty at Justice-Hall in the Old-Bayly on the 9th of December 1685. THE TRYALS OF John Holland and William Davis For Conspiring against violently Assaulting and without any warrantable Cause Imprisoning William Chancey Citizen and Mercer of London to extort a Sum of Money from him who were Tryed and found Guilty at Justice-Hall in the Old-Bayly on the 10th of December 1685. As also the Tryals of John Holland William Davis and Agnes Wearing for a Notorious Burglary and Felony Committed in the House of Leonel Gatford a Minister in Lime-street London and stealing Plate Money and Rings to the value of 300 l. who were Tryed and found Guilty at Justice-Hall in the Old-Bayly on the 11th of December 1685. LONDON Printed by E. Mallet MDCLXXXV THE TRYAL OF Charles Bateman Chirurgeon FOR High-Treason And John Holland William Davis and Agnes Wearing for a Notorious Felony and Burglary THE Sessions of Peace Oyer and Terminer and Goal Delivery of Newgate for the City of London and County of Middlesex beginning at Justice Hall in the Old Bayly on the 9th of December 1685. Charles Bateman against whom an Indictment of High-Treason had been found for Conspiring the Death of the late King c. was brought in the Custody of the Keeper of Newgate in order to his Arraignment and being ordered to hold up his hand he desired that he might first say something for himself in order to put off his Tryal but was told by Mr. Recorder he must plead before he could be heard whereupon desiring to know whether he might have the same advantage after his pleading as before as to gain longer time for his Tryal and being answered he might he held up his hand and then the Indictment was read Mr. Bateman pleaded not Guilty and desired his Tryal might be put off saying He was not prepared to make his Defence and therefore prayed a longer time saying He had been close Prisoner for the space of ten VVeeks and was over and above very much indisposed and further alledged he had had no Notice nor any Pannel of the Jury as for notice of Tryal he was answered that it was not usual to give any in that Court but that he ought to have expected it and prepared for it accordingly and as for the Pannel it was not denyed him then he prayed a Coppy of the Indictment but was told it could not be allowed and upon his further alledging his unpreparedness and no notice of Tryal and the like the King's Council urged that he had opportunity enough to take notice of his Tryal for that it was upon an Indictment of the precedent Sessions Then he asked what time he might have between his Arraignment and Tryal and was answered as much as would stand with the conveniency of the Court and after several hours Respite he a second time was brought to the Bar and then upon his humble request Pen Ink and Paper was allowed him and his Son to assist him and then were sworn to try the Issue Richard Aley Esq Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Rhedish George Lilburn Daniel Fouls Peter Floyer Lawrence Cole John Cooper And he making no exceptions to them then the Indictment was read The Jurors c. THAT Charles Bateman late of the Parish of St. D unstans in the West in the Ward of Farringdon without Lond. Chirurgeon as a false Traytor against the most Illustrious and Excellent Prince Charles the Second late King of England Scotland France and Ireland Defender of the Faith and his Natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegience but being moved and seduced by the instigation of the Devil the Cordial Love and true Due and Natural Obedience which a true and Faithful Subject of our late Lord the King towards him should and of Right ought to bear altogether withdrawing and Practising and with all his strength intending the Peace and common Tranquillity of this Kingdom to disquiet and disturb and War and Rebellion against our late Lord the King within this Kingdom to stir up move and procure and the Government of our late Lord the King of this Kingdom to subvert and our said late Lord the King from the Stile Title Honour and Kingly Name of the Imperial Crown of this Kingdom to depose and deprive and our said late Lord the King to Death and final Destruction to bring and put the 30th Day of May in the 35th Year of his Reign and divers other days and times as well before as afterwards at the Parish and Ward aforesaid Falsely Maliciously Devilishly and Traytorously with divers other Rebels and Traytors to the Jurors unkown did Conspire Compass imagine and intend our said late Lord the King then his Supream and Natural Lord not only of his Kingly State Title Power and Government of his Kingdom of England to deprive and depose but also our said late Lord the King to kill and to Death to bring and put and the Antient Government of this Kingdom to change alter and subvert and a miserable Slaughter amongst the Subjects of our said late Lord the King to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure and assist and the same most Wicked Treasons and Traytorous Conspiracies Compassings Imaginations and Purposes aforesaid to effect and bring to pass He the said Charles Bateman as a false Traytor then and there to wit the said 30th Day of May in the 35th Year aforesaid and divers other days and times as well before as afterwards at the Parish and Ward aforesaid Falsely Vnlawfully most Wickedly and Traytorously Did promise and undertake to the said other false Rebells and Traytors then and there being present That He the said Charles Bateman would be assisting and aiding in the taking and Apprehending the Person of our said late Lord the King and intaking and seizing the City of London and the Tower of London the Savoy and the Royal Pallace of White-Hall against the Duty of his Allegience against the Peace c. and against the form of the Statute in this Case made and provided c. Mr. Phips Council for the King opened the Nature of it and was seconded by Mr Serjeant Selby and Mr. Charles Moloy after which Mr. Josias Keeling was sworn whose Evidence was that he had been at divers meetings and Consults where the methods had been proposed for the purposes a foresaid and more particular one time with Rumbold the Maltster since Executed for High-Treason and that then three Papers were produced by Rumbold and opened containing the Moddel of the Design to divide the City into Twenty Parts and to raise Five Hundred men in each Part to be under one Chief and Nine or Ten
advantage of the Prisoner whereby the matter was fairly fully and clearly left to the Jury and thereupon Mr. Bateman was taken from the Bar after which the other Prisoners being called and Tryed and the Jury ready to go forth to consider of their Verdict Mr. Bateman's Daughter came in and besought the Court that Baker whom she said she had found out might be heard against Mr. Lee but Mr. Lee being gone and the Tryal already over the King 's Council opposed it unless Mr. Lee could be found which he Could not be at that time and the Court having deliver'd their Opinion that it was not convenient to examine any Witness after the Jury had received their Charge it being a very ill president and of dangerous Consequence yet some of the Jury desiring it the Court to prevent any Objections that might be made consented and Baker had leave to speak whose Evidence was that being in Company with Mr. Lee some time in the Year 1683. and discoursing about divers matters he bad him go to the sign of the Peacock and to the Angel and Crown to a Chirurgeon and a Linnen-Draper whom he named the former of which he remembred to be the Prisoner and to insinuate himself into their Company and discourse them and when he demanded of Mr. Lee to what end he should do it or about what he should discourse them he told him it might be about State Affairs and by that means he would find a way to make him a great man and when he excused his attempting to intrude into such Company as was above him he being but a Shooe-maker Mr. Lee told him he knew that he kept Company with such and such men and why could he not as well do it with those he had mentioned and of this he said his Examination was taken before Sir William Turner but this being nothing to the purpose but was rather looked upon as a Design Mr. Lee had to make a discovery of the Conspiracie if he could have procured further Evidence to have Corroborated his own and Baker being looked upon as a broken Fellow and that he lodged near the Sessions House and yet came not in before though often called the consideration of the whole matter was left to the Jury and an Officer being svvorn to attend them went out and after about half an hours debating that and what else was before them gave in their Verdict that Charles Bateman then at the Bar was Guilty of the High-Treason as laid in the Indictment which Verdict was accordingly Recorded and the Prisoner re-conveyed to Newgate and being again brought to Justice-Hall on Friday the 11th of December in order to receive Sentence and upon holding up his hand being asked What he could say for himself why the Court should not give Judgment against him according to the Law He desired to know whether Mr. Goodenough was fully pardoned and was told that as for the Out-lawrey he was pardoned and that his Pardon had been allowed and approved of in that Court and in the Court of King's-Bench and for any thing else he was not Prosecuted Then he said his Opinion was altogether for Monarchy and that he hoped he should have an Advocate with the King but had nothing more material to offer Then Mr. Recorder after having spoke several things in aggravation of that great Crime whereof after a fair and favourable Tryal he was Convicted advised him not to flatter himself with hopes of Life and thereby delay his Repentance necessary for his future happiness pronounced the Sentence which was That he should return to the place from whence he came from thence be drawn to the place of Execution there to be hang'd by the Neck and whilst alive be Cut down and his Bowels to be taken out and burnt his Head to be severed from his Body and his Body divided into four Parts and that his Head and Quarters be disposed of at the Pleasure of the King Upon this he prayed a Divine might have leave to come to him as likewise his Relations which being allowed he departed the Court and was on Friday the 18th of December Executed at Tyburn according to Sentence FINIS The Substance of the Tryal of of John Holland and William Davis who were Tryed and committed for Conspiring against and falsely imprisoning William Chancey Citizen and Mercer of London at Justice-Hall in the Old Bayly On the 10th of December 1685. UPon an Indictment found against Edward Hays William Price John Holland and William Davis for Conspiring against violently Assaulting and forcibly Imprisoning for the space of six hours the Person of William Chancey Citizen and Mercer of London against his will and without any warrentable Cause whom they falsely Charged with uttering divers Treasonable Words to extort from him a Sum of money c. John Holland and William Davis were brought in the Custody of the Keeper of Newgate to Justice-Hall in the Old-Bayly where upon their Arraignment they pleaded not Guilty and desired their Tryal might be delayed seeing they were not prepared to make their Defences and were thereupon taken from the Bar but on the 11th of December 1685. the Lord Mayor Mr. Recorder Sir Henry Tulse and other Aldermen being present they were brought up a second time and ordered to look to their Challenges but making no Exceptions the Jury was Sworn viz. John Meridale Benjamin Boltby John Baly Thomas Barns Richard Bromfield Samuel Linn Edward Hemstead Robert Longland Samuel Bishop James Fern William Wheatly Thomas Phelps The Indictment being read a second time the Council for the King opened the Nature of the Fact of which the Prisoners stood accused in all it 's unparralled Circumstances and then to proceed to Swear Mr. Chancey who gave Evidence that on Saturday the 28th day of November last he was informed that a Boy had been sent from the King 's Arms Tavern in Lawrence-Lane London about Four of the Clock in the Afternoon to let him know that there were two Gentlemen that desired to speak with him whereupon he went and being shewed where they were found them to be Hays and Holland the former of which he had some small Acquaintance with he having been once a Citizen but as for the latter at that time he knew him not Hays after a Complement had passed desired to speak with him in private but Holland whom Hays called Captain Holland was somewhat against it saying they might speak what they had to say in his presence but in the end he retir'd when Hays in a melancholy Tone cryed out O! Mr. Chancey I am the unfortunatest man alive for being the other day in the Company of the Captain I chanced to let fall some words said to be spoken by a Merchant in London which proved to be Treason and with which I am charged and am now a Prisoner to the Captain and therefore am obliged to produce you as my Author upon this Mr. Chancey being a little surprized as not