A SPECIAL Commission of Oyer and Terminer for the county of Surrey, being appointed for the trying of Mr. Disney, before the Lord Chief Justice of England, and other his majesty's justices; he was brought before the king's commissioners at the Marshal sea, in Southwark, on June 21, in order to his trial upon an indictment for high treason: "For printing and publishing a most vile and traitorous Paper against his most sacred majesty and his government, entitled, 'The Declaration of James duke of Monmouth, and the Noblemen, Gentlemen, and others now in arms, &c.'" And being arraigned thereupon, he pleaded Not Guilty, and desired he might have counsel granted him, but was denied; the court telling him it was not allowable in capital cases: yet upon his farther request, he had leave to make use of what books he thought fit to prepare for his defence, and allowed till the 25th.

        On Thursday the 25th, he was brought to his trial; when the messenger deposed, that having a warrant for the apprehending of Wm. Disney, esq. he took some files of musketeers, and two or three gentlemen to his assistance; when approaching to the house of one Tyrrel, a gardener in the parish of Lambeth, on Monday June the 25th, 1685, between twelve and one o'clock in the morning, he broke into the apartment of Mr. Disney; where entering his chamber, he found the prisoner in his shirt, who craved his breeches: but the messenger replied No, saying, if he had a night-gown he might put it on. Immediately after viewing his breeches, there was found a dagger in his pocket, and also some other things, likewise a brace of pistols, and a great hanger in the nature of a scimitar.

         His maid Mary Allett was supposed to be in bed with him, by reason her clothes were upon his bed; his daughter about eleven years of age or thereabout was in another part of the room a-bed alone. The messenger farther deposed, that getting into the printing-house, he there found the forms (as printers call them) of the traitorous Declaration in the printing-room, there being by computation about 750 of them printed on one side, and about five of the said traitorous Declarations perfect. Upon the messenger's questioning how they came there, he pretended ignorance.

         The evidence appearing very plain, and he making little or no defence for himself, was found guilty of high treason; sentenced to be drawn, hanged, and quartered; which was accordingly done at Kensington Common in the county of Surrey, on Monday the 20th of June, 1685, and his quarters set upon the city-gates.

         * "June 25th, 1685. Mr. William Disney was tried by a Special Commission of Oyer and Terminer for the county of Surrey, upon an indictment of High Treason, for printing and publishing Monmouth's Declaration, and on a full evidence found guilty; and had sentence of death passed on him.

          29th. Mr. William Disney, lately condemned for treason, was executed at Kensington Common, in Surrey, and his quarters are ordered to be fixed on the city gates." Narcissus Luttrell's Brief Historical Relation, MS. In All-Souls' College, Oxford.

HOWELL, TB (compiler). Cobbett's Complete Collection of State Trials. Vol. XI.
London: Longman et al, 1811. pp465-466

Contributed by: Roger PAUL - BA(Hons); PGCertEd(FE); MSc.