A true and full Account given by the Minister of St. George, concerning the Behaviour and last dying Speech of WILLIAM DISNEY, esq. June 29th, 1685. Between nine and ten o'clock in the morning, I was sent for by the high sheriff of Surrey, to officiate as ordinary at the execution of the prisoner at the Marshalsea. Before he was brought out, a neighbouring minister and 1 (upon the sheriff's motion) went into the room where he was; when the reverend parson (having seen him the night before) asked him whether he had considered of those things which he had formerly offered him; and did very pathetically press him that he would give glory to God, by a full and ingenuous con fession of his crime, intimating to him the fatal consequences that might have followed, if he had perfected that evil work: how many men's dives might have been lost in the quarrel; whose blood he was so far guilty of, as he contributed to the increase of the rebellion, by his printing the traitorous paper (or words to the same effect). To which the prisoner answered (with tome signs of discontent) to this purpose; that he hoped (speaking to the minister) he did not come to press him to unburden himself now: that he had nothing to say that might bring any person into trouble, and his time was short, so he desired not to be troubled about any such maiter: so that few words passed ere we parted. Finding him resolved not to make any discovery, I only told him, I did intend to meet him at the place of execution, and he thanked me. When he came to the gallows, and was in the cart, I came to him and asked him, how he desired to improve those few moments of bis life that were yet to come? He answered, in prayer. I asked him, Will you pray for yourself, or shall I pray for you? He answered, I will pray, and desire you to pray for me. Whilst the executioner was preparing the rope, I shewed him the Bible, saying, Sir, what comfortable sentence do you remember out of this word of God for your present use? He answered, Jesus Christ came into the world to save sinners, of whom I am chief. And then he proceeded in general terms to acknowledge himself a great sinner against God; but affirmed that he had made his peace with God, that he had confessed his sins with humility and did not doubt but God had for the merits of his fervency, and had begged God's pardon; and Son Jesus Christ pardoned all his sins, and he was now under very comfortable hopes that he should soon be happy, not upon the account of his own merits, but the merits of Jesus Christ. I told him that this was very good, if his hopes were well grounded. He replied, His hopes were grounded on the Scriptures, which assured him that Christ died to save sinners. Whereupon I recounted to him some other gracious promises of God to true peni tents; as that of Ezekiel, “If the wicked man turneth away from his wickedness, and doeth that which is lawful and right, he shall save his soul alive," &c. After which he made his address to God in prayer, that he would for. give him all his sins, and sanctify this his affliction to him; and prayed God to bless the king, and that he may be merciful and kind to his subjects, as well as just to his enemies? he farther observed, how gracious God was to him in giving him this admonition, (as he called it) for God might have taken him off by some sudden death, or deprived him of his senses; and then (he said) it must have been worse with me, but now God hath given me time to bethink myself; so that, though the dolour and the shame of this death, having so many spectators (upon whom he looked) may somewhat discompose me, yet I have peace and comfort within. Afterwards he desired me to pray with him, which I did briefly, according to his mind and present example: and closing with the Lord's Prayer, he answered every petition deliberately, and calmly: he declared that he lived in, and did now die in the Communion of the Church of England, which he repeated again in these words, the Protestant Church of England. After prayer, I asked him, whether he would sing some part of a Psalm? He answered No. Then I asked him, whether he had any thing more to do or say? He answered, I have nothing more but to return you thanks for your care of me. And I pray God bless you and hear your prayers for ine, and mine for you, and our Saviour Christ for us both. And so I left him going to his long home. This, according to the best recollection of my thoughts, is the sum, and, as near as I can remember, the words that passed between Mr. Disney and me. ANDREW WESTON. $34. The Trial of CHARLES BATEMAN, Surgeon, at the Old Bailey, for High Treason: 1 JAMES II. A. D. 1685. THE Sessions of peace, Oyer, and Terminer, and gaol-delivery of Newgate, for the city of London and county of Middlesex, beginning at Justice-Hall in the Old Bailey, 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 trial; but was told by Mr. Recorder, (sir Thomas Jenner,) 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 trial; and being answered he might, he held up his hand, and then the indictment was read. Mr. Bateman pleaded not guilty, and desired his trial 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 weeks, and was over and above very much indisposed; and further alledged, he had had no notice nor pannell of the jury. As for notice of trial, 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 pannell, it was not denyed him. Then he prayed a copy of the indictment, but was told it could not be allowed; and upon his further alledging his unpreparedness and no notice of trial, and the like, the king's counsel urged that he had opportunity enough to take notice of his trial, for that it was upon an indictment of the precedent sessions. Then he asked, what time he might have between his arraignment and trial; 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. Dunstan in the West, in the ward of Farringdon Without, London, surgeon, as a false traitor, against the most illustrious and excellent, prince, Charles the second, late king of England, Scotland, France, and Ireland, de fender of the faith, and his natural lord; not having the fear of God in his heart, nor weighing the duty of his allegiance; 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 traitorously, with divers other rebels and traitors to the Jurors unknown, did conspire, compass, imagine, and intend our said late lord the king, then his supreme 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 bring and put, and the ancient 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 traitorous conspiracies, compassings, imaginations and purposes aforesaid to effect, and bring to pass, he the said Charles Bateman, as a false traitor, 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, false ly, unlawfully, most wickedly, and traitorously, did promise and undertake to the said other false rebels and traitors 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 in taking and seizing the city of London, and the Tower of London, the Savoy, and the royal palace of White-hall, against the duty of his allegiance, against the peace, &c. and against the form of the statute in this case made and provided, &c. Mr. Phipps, counsel 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 aforesaid; and more particularly one time with Rumbold the Maltster, since executed for high treason; and that then, three papers were produced by Rumbold, and opened, containing the model 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 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 New-, market, but that he somewhat boggled about the killing of 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 fitting 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 conspiracy 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 'managed; and being asked, who was a fit man to manage 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 hitn 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 some discourse with one of the duke's servants, came to him and told him, the duke was willing to engage in the business, and assured 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'shead 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 conditions the 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 Almeger, before whom Mr, Bateman would not discourse, because he knew not of his coming. Mr. Lee being asked the design of that meeting, replied, it was upon the account of carrying on the conspiracy, and that Mr. Bateman had told him, that he intended to take a house near the Tower, to place men in, in order to surprise 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 conscious of what was laid to his charge, he was fit for Bedlam: saying, He wondered if he had heard him speak such words, he had not accused him sooner:' but was answered that Mr. Goodenough was not to Trial of Charles Bateman, [472 that Lee's single testimony in case of high treabe had till after the rebellion in the west; and son, in so high a nature, was not sufficient. who being sworn, deposed, that being in comThen Mr. Richard Goodenough was called, pauy with Mr. Bateman (to the best of his renembrance) at the King's-head tavern in St. Swithin's-alley, near the Royal-exchange, and having some discourse about the intended insurrection, and of Wade and others that had approved of the design, but promised to use his engaged to promote it; Mr. Bateman not only 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 that he was not at the King's-head with Goodthe guards out of town. To this he objected, enough; to which Mr. Goodenough replied, though be verily believed that was the place; 'He had not sworn positive to the place, 'but however, as to the discourse and words 'then spoken by Mr. Bateman, he was posi'tive.' Bateman, and liberty granted him to make The Evidence being thus full against Mr. what defence he could, he desired that sir Rofalse report the said Mr. Lee had raised of sir bert Adams might be heard, in relation to a 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 came to him and asked his pardon, acknowledging the thing in itself was altoge ther false. called, but appeared not. testify his knowledge of Mr. Lee, and being testify that Mr. Lee would have suborned him One Baker being called by Mr. Bateman, to 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 examinabut it being about two years since, sir William tion, which the said sir William had taken; declared, He could not charge his memory with any of the particulars contained therein. Mr. Tompkins, sir William Turner's clerk, what statute he was indicted, and was informed 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 summed up the evidence at large, and omitted nothing that might be for the 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 tried, 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 trial already over, the king's counsel opposed it, un less Mr. Lee could be found (which he could not be at that time); and the court having delivered their opinion that it was not convenient to examine any witness after the jury had re- | ceived their charge, it being a very ill precedent, 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 bid him go to the sign of the Peacock, and to the Angel and Crown, to a surgeon and a linen-draper, whom he named, the former of which he remembered 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 covery of the conspiracy, 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 Sessionshouse, and yet came not in before, though often called; the consideration of the whole matter was left to the jury, and an officer be ing sworn to attend them, went out, and after about half an hour's 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-ball, 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-lawry he was pardoned, and that his pardon hath 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, veral things in aggravation of that great crime, Then Mr. Recorder, after having spoke sewhereof, after a fair and favourable trial, he was convicted, advised him not to flatter himself with hopes of life, and thereby delay his repentance necessary for his future happiness, and 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 hanged 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 at the pleasure of the 'king.' 6 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 shoemaker, Mr. Lee told him he knew that he kept company with such and such men, and why could be net as well do it with those he had mentioned. Upon this he prayed a divine might have And of this, he said, his examination was taken leave to come to him, as likewise his relations; before sir William Turner; but this being no which being allowed, he departed the court, thing to the purpose, but was rather looked and was on Friday the 18th of December, exe upon as a design Mr. Lee had to make a dis-cuted at Tyburn according to the sentence. REMARKS on the Trial of Mr. CHARLES BATEMAN. By Sir JOHN HAWLES, Solicitor-General in the Reign of King William the Third. THE last person which concluded the tra- a factions fellow; and he had revived the me gedy, was one Charles Bateman, a chirur-mory of his demerits, by attending when Oates geon; his demerits were, that he had been, or at least was reputed to have been, chirurgeon to the earl of Shaftesbury, and one whom his lordship had a kindness for, and therefore, according to the cant of the time, he was called See the Note at p. 455: came from his whipping, and letting him blood. Whether either of those circumstances were true or not, I know not, but they were believed: and therefore the 9th of December, 1685, he was indicted and tried for high treason. On his trial he seemed to be distracted, and therefore, out of abundance of charity, the court appointed his son to make his defence for 1.m. The witnesses against him were Keeling, who only spoke of a design in general, without mentioning Bateman to be concerned in it. Thomas Lee and Richard Goodenough swore, at several times and places, his discourse to them severally, of seizing the Tower, City, and Savoy. Baker for the prisoner said, Lee in the year 1683, would have had him insinuated himself in the prisoner's company, and discourse about state-affairs, and by that he would find a way to make Baker a great man: upon the evidence the prisoner was found guilty. Against Goodenough's evidence, there is only this to be said, that he was pardoned, but so far only, as to qualify him to be a witness, though not a very credible one, not only the guilt sticking to him, but even the punishment of what he had then lately done, hanging over his head; and what was said for some time, of all the witnesses for the king, at that time, and for some time before, was true, they hunted like cormorants, with halters about their necks, though even that matter by one of the king's counsel was boasted to the jury, as a eircumstance of more credibility; for he assured them there was not a witness which he produced had a pardon, as the witnesses in the Popish Plot had. 'Tis true, in the Popish Plot, upon very good reason the witnesses having confessed what they pretended to know, of matters in which they had an hand, it was not thought proper to use them as witnesses, though they had used them as informers, till they were pardoned, lest it might happen to be, or at least it would have been, suspected, that the terror of the punishment of the crimes confessed might influence them to swear falsely, to the jeopardy of other men's lives, to save their own; which, as the lord Howard truly said, was the drudgery of swearing. But to Lee's evidence, hesides the evidence of Baker against him, that he would have procured Baker to have been a witness against the prisoner, and enticed him with the promise of making him a great man; and besides that, it appears in Rouse's trial, that Rouse and he were upon the trepan with each other, to bring each other into the pretence of a plot, in order to make some advantageous discovery of it, of which Lee got the start of Rouse; the objection which was made to his evidence, why Lee had not accused the prisoner sooner, there be ing near three years between the pretended design, and the discovery of it, was never satisfactorily answered. It was a foolish story, to say Goodenough could not be had before, and a single testimony in bigh treason was not sufficient; every one knows, that though a single witness is not sufficient to convict a man of high treason, yet a single person's testimony is enough to commit a person accused, and upon conviction on the testimony of a single witness, to make him a prisoner for his life, witness Mr. Hampden and others; besides the subjecting him to other corporal punishments, inflict ed at discretion, witness Mr. Johnson and Oates. And in 1683, when the words were pretended to be spoken, Bateman had not been spared, if accused; and though it be a good reason for the court to have given, why they did not proceed against the prisoner till that time, because there were not two witnesses against him; yet it was no reason for Lee, why he did not ac-. cuse the prisoner before that time, especially he having been several times before that time examined, not only of what he knew, but of what persons he knew concerned: but, to say truth, Lee, in the trial, did not pretend to answer the objection, but the court, in the manner before, endeavoured to answer it for him. The last matter observable in this trial, was the permitting Bateman's son to make his father's defence, which was an extraordinary unparalleled favour; it was the first and last time that, or any thing like it, had been done; the lord Russel's lady, indeed was permitted to take notes at the trial for her lord, but he only was permitted to make use of them. Fitzharris's wife, when she but whispered her husband, or but told him what jurors he should challenge, and what not, was severely corrected, and threatened to be thrust out of court, for doing it in prejudice of the king. In Colledge's trial, he was told, that persons that ad vised a prisoner in treason, even before a trial, were guilty of a high misdemeanour; nay, a solicitor had been indicted of high treason for it: and therefore nothing can excuse the allow ing the prisoner counsel in matter of fact, as was done in this case (it is not material, whether the son was a barrister at law or not) but the weakness of the prisoner, who to all appearance was moped mad. But the court, by excusing their favour upon that account, incurred a worse censure; for nothing is more certain law, than that a person who falls mad after a crime supposed to be committed, shall not be tried for it; and if he falls mad after judgment he shall not be executed: [3 Coke, Instit. p. 4. 4 Co. Rep. 124. b. Hale's H. P. C. Vol. 1. p. 35.] though I do not think the reason given for the law in that point will maintain it, which is, that the end of pu nishment is the striking a terror into others, but the execution of a madman hath not that effect; which is not true, for the terror to the living is equal, whether the person be mad or in his senses: and that is the reason of breaking the person executed for treason, and exposing his quarters, which is done rather to deter the living, that for punishing the dead. But the true reason of the law I think to be this, a person of non sana memoria,' and a lunatick during his lunacy, is by an act of God (for so it is called, though, the means may be human, be it violent, as hard imprisonment, terror of death, or natural, as sickness) disabled to make his just defence. There may be circumstances lying in his private knowledge, which would prove his innocency, of which he can have no advantage, because not known to the persons who shall take upon them his defence; and |