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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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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
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