The Trial of Charles Bateman, Chirurgeon, At the Session's-House in the Old-Baily, on Wednesday, Decemb. 9.1685.

HIS Indictment was for High-Treason, in conspiring the Death of the late King. To which (after some offer to have said some∣thing for himself, in order to put off his Trial, which Mr. Recorder would not admit of) he pleaded, Not Guilty. Then urging his unpre∣paredness, want of notice of his Trial, and great indisposedness, by reason of his close Imprisonment for ten Weeks, he desired his Trial might be put off; but it would not be granted.

His Jurors were,

• Richard Aley, Esq
• Richard Williams,
• John Cannum,
• Patrick Barret,
• John Palmer,
• James Raynor,
• Edward Redish,
• George Lilburn,
• Daniel Fouls,
• Peter Floyer,
• Lawrence Cole,
• John Cooper.

To whom the Indictment being read, Mr. Phips (Counsel for the King) opened the Case, and was seconded by Mr. Serjeant Selby, and Mr. Charles Moloy.

Then Josias Keeling, being called and sworn, deposed, in general, concerning his being at di∣vers Meetings, wherein the Methods had been proposed about an Insurrection, and that the Prisoner was looked upon as a Person fitting to manage one Division in order thereto, &c. but could not particularly charge him with any thing upon his own knowledg.

Thomas Lee deposed, that Mr. Goodenough told him, The Prisoner was to manage one Division; and going to him about it from Mr. Goodenough, he plainly perceiv'd he was no stranger to it, nor bogled to give his Assent, and seemed ve∣ry desirous to speak with Mr. Goodenough about it. That going one day with the Prisoner to the late Duke of Monmouth's House, the Pri∣soner, after he had 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 assur'd him that he had divers Horses kept in the Country, to be in a readiness when Matters should come to Extremity. That from thence going with him to the King's-Head Tavern, they had Discourse to the same effect there. That from thence to the Devil-Tavern, where the Prisoner proposed the seizing the City, Tower, Savoy, White-Hall, and the Person of the late King, and promised not to be want∣ing therein. That at another time, meeting him at the Half-Moon Tavern in Aldersgate∣street, (the design of all which Meetings, was upon the account of carrying on the Conspira∣cy) and discoursing about the Condition the Page  8Conspirators were in. As to the intended In∣surrection, he said, If he could but see a Cloud at big as a Man's Hand, he would not be wanting to employ his Interest. That the Prisoner also had told him, that he intended to take an House near the Tower, to place Men in, in order to sur∣prize it; to that end he held correspondence with some Sea-Captains, and that he had been with them at Coffee-Houses.

Mr. Richard Goodenough deposed, That being in company with the Prisoner, he had heard him approve of the Design, and promise to use his Interest in raising Men; and not only to be as∣sisting in the Division allotted him, but in sur∣prising the City, Savoy, &c. and in driving the Guards out of Town.

Then the Prisoner called several Witnesses to invalidate Lee's Testimony. Sir Robert Adams testified to a false Report of his, about beating three Knights. Sir Simon Lewis was called to the same purpose, but appeared not. James Child could say nothing, but that Lee was an Honest Man. One Baker was also call'd, to te∣stify that Lee would have suborned him against the Prisoner to his Prejudice, some Years since, of which he had made Affidavit before Sir Wil∣liam Turner: But Baker not appearing, Sir Wil∣liam Turner was desired to give account of it; but it being above two Years since, he could not remember such Particulars: His Clerk, Mr. Tomkins remembred such an Affidavit was made in 1682, which mention'd Mr. Lee; but to the best of his remembrance, it was returned Page  9before the King and Council, and he could not give any account of the Particulars.

Mr. Bateman then desiring to know upon what Statute he was Indicted, and (being assisted by his Son, by reason of his Incapacity) making little more Defence, the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence; and o∣ther Prisoners were tried: and just before the Jury went out, the aforesaid Baker being found, with much ado it was obtain'd, that he should give in his Evidence; which was, That Lee perswaded him to intrude himself into the Pri∣soner's Company, and some others, and to dis∣course of State-Affairs, by which means he would find a way to make him a Man; of which he had made Affidavit before Sir William Turner. But this the Court interpreted to Lee's Advan∣tage, as if he only thereby designed to make a discovery of the Plot, and so have got a further Evidence to corroborate his own; reflecting on Baker as a broken Fellow, &c.

After which the Jury withdrawing for half an hour, brought the Prisoner in Guilty. And accordingly he being brought again to the Bar, on Friday following, Mr. Recorder sentenc'd him to be Drawu, Hang'd, and Quarter'd; which was executed upon him at Tyburn, on Friday, Decemb. 18th following.