The tryal of William Stayley, goldsmith; for speaking treasonable words against his most sacred Majesty: and upon full evidence found guilty of high treason, and received sentence accordingly, on Thursday November the 21th [sic] 1678.

THE TRYAL OF WILLIAM STAYLEY , Goldsmith ; For Treasonable Word's . Upon which he was Condemned for High Treason , Nov. 21 1678.

MR. Stayley being accused of High Treason , was on the 20th day of November 1678. brought from Newgate , and arraigned at the Kings-Bench Bar , and the next Day was brought to the same place to receive his Trial ; where being come and the Jury Impannelled , the Court told the Prisoner , that if he would Challenge any of the Jury , he must speak unto them as they came to the Book to be sworn , and before they were sworn ; the Prisoner challenging none , the Jury were sworn , viz.

JURY . Sir Phillip Matthews . Sir Reginald Foster . Sir John Kirke . Sir John Cutler . Sir Richard Blake . John Bifield , Esquire . Simon Middleton , Esquire . Thomas Cross , Esquire . Henry Johnson , Esquire . Charles Umfrevile , Esquire . Thomas Eaglesfield , Esquire . William Bohee , Esquire . The Indictment Read .

You stand Indicted by the name of William Stayley , &c.

Cryer .

If any can give Evidence on the behalf of our Sovereign Lord the King , against William Stayley , let him come forth and he shall be heard .

Sir Creswel Levings .

The Prisoner stands Indicted as not having the fear of God before his Eyes , being led by the Instigation of the Devil , not minding his Allegiance , but Traiterously endeavouring the Death and Destruction of our Sovereign Lord the King , he did on November the 14th , in the thirtieth year of the King , falsly , wickedly , and traiterously Compass , imagine , Devise and invent the Killing the King ; that he did maliciously contrive ( I say ) the Death of our Lord , the King of England .

To this he hath pleaded Not guilty . You are to try whether he be guilty or not .

Kings Serjeant , Maynard .

The Offence is as great as can be , and will be prov'd as clear as can be . Call the Witnesses to prove the Offence .

Attorn. Gen.

It would be fitting before we enter upon the Evidence , to give some account , why ( among so many Offenders , some of them of greater quality than William Stayley ) we chose first to bring this man to Tryal . It is not unknown to any man that lives in England , what Discoveries there have been of horrid and damnable Designs against the King's Person , and the Protestant Religion . There are a sort of men in the World , that endeavour what they can to cry down this Discovery , as that it was altogether Supposititious . and a Fable . It is true , some are so charitable as to think the Roman Catholicks in England do promote the Roman Catholick Religion , but the Design against the Kings Person is a Fiction . But they shall do well to take warning by the Tryal of this man , and Imprisonment of so many Offenders , as that even since this Discovery made , some have had this Treasonable mind , and Trayterous attempt against the King , and said those words for which in the Indictment he is charged with . This Prisoner by Religion is a Roman Catholick , he calls himself so ; in plain English he is a Papist ; and finding that since this Plot was discovered , his trading decay'd , ( being one that dealt in Monies ) he was one of their Party , he grew inraged their money was called so fast for , being in the company of one Fromonte , Foreigner , at a Cook 's shop , and were considering of matters of Trade , this man was complaining his money was so fast called in for . Taking notice of the discovery of the Plot , ( being a very great well-wisher to it ) entred into a great Passion , and spake these words of the King : That he was the greatest Heretick in the World , that he was a great Rogue ; for his part , holding up his hand , clapt it then upon his heart , and said , I will with this hand kill him . These words were heard by the Gentlemen that were present , but spoken in French .

William Casters , a Witness . Attorn. Gen.

Acquaint the Court and Jury what you know of any words spoken by the Prisoner about killing the King .

Witness .

So far as I know or can give an account , it was about Eleven of the clock in the day , on the fourteenth day of this month ; he call'd for a pot of Ale , and a slice of Rost Beef , which when it was called for , his Landlord said it should be brought him ; there was ano●her Frenchman with Stayley , a stranger to me : they discoursed together in French , and Stayley then said twice over , The King was a grand Heretick , making this Demonstration with his hand upon his Breast , and stampt five or six times with his Foot in great Fury . The old man Fromonte his Friend , said , That the King of England was a Tormentor of the People of God , and he answered again in a great Fury , He is a great Heretick , and the greatest Rogue in the World ; there 's the Heart and here 's the Hand that would kill him , and the King and Parliament think all is over , but the Rogues are mistaken .

L. Chief Just.

Did you know Stayley ?

Witness .

No my Lord , I had never seen him before .

L. Chief Just.

What did you do upon this ?

Witness .

I did not know what to do , being ignorant of the Laws of the Country , I thought it was a great matter , and being sensible that Stayley was gone out , I caused one to attend him , and came to his Fathers Shop , and looked up and down , and the next day I apprehended him .

L. Chief Just.

Are you sure ( looking upon the Prisoner ) that was the man ?

Witness .

Yes .

L. Chief Just.

Did you see him when he spake the words ?

Witness .

Yes , I saw him , there was no more distance betwixt the two doors , but just as far as that Gentleman and me ; his face was strait towards us .

L. Chief Just.

Were you in the same Room ?

Witness .

No , but just over against it ; the doors were open .

L. C. Just.

How near were you to him ?

Witness .

Seven or eight foot from the place where I was and where he was . He was standing at one door , and I at the other . In French the words were spoken , he making a demonstration , stamping with his foor , I would kill him my self , ( which the Prisoner would have evaded ) but saying , the words signifie , I would kill my self . The Prisoner farther said , that the King and Parliament thought all was over , but the Rogues were beguiled and deceived .

Alexander Southerland Witness . Mr. Southerland .

Tell what you heard the Prisoner at the Bar say , were you there ?

Witness .

Yes .

L. C. Just.

Which was nearest him , he or you ?

Witness .

He was nearest to him , and I just by the Gentleman . He said afterwards when a word or two past betwixt them , The Rogues are deceived , they think the Business is done , but they are deceived . The old man said , that the King of England was a Tormentor of the People of God , the Prisoner answered , the King of England is the greatest Heretick , and the greatest Rogue in the World , and the King and Parliament thinks their business is done , but the Rogues are mistaken .

Prisoner .

I said ( replied the Prisoner ) I would kill my self .

L. Chief Just.

Would you kill your self because you said the King was a Heretick ? You acknowledge your self to be a Roman Catholick .

Pris .

And in that Faith I intend to die .

Attorn. Gen.

Here the Prisoner doth not deny but he said , the King of England was a great Heretick ; and can we imagine him to be in such a passion that he would kill himself ? whether that be a natural conclusion from the premisses , I must submit to —

L. C. Just.

Did you see Mr. Stayley perfectly , was the Door open ?

Witness .

I saw him perfectly .

L. C. Just.

Did you know him before ?

Witness .

I never saw his Face before .

L. C. Just.

Did you write the words presently ?

Witness .

I wrote them down presently , as God shall be my Witness .

L. Chief Just.

Look upon the writing , is it your hand ?

Witness .

It is ; and it was written the 14th of November 1678. About eleven a clock they came to the Black Lion in Kings Street , and call'd for a Quart of Ale and Slice of Roast Beef , and it was answered , it should presently be had . William Stayley said , having struck on his Breast , and stamping with his Foot five or six times , I my self would do it .

L. Chief Just.

Did you write all that is in the Paper at that time ?

Witness .

I writ the words in French as I heard them from him , then formed it as to the Person and Time afterwards when I was gone .

L. Chief Just.

Who told you it was Stayley the Goldsmith ?

Witness .

We asked the Man of the House ; and we found he went to his Fathers House in Covent Garden ; we asked his Fathers Name and his Name ; and that 's the very man .

L. Chief Just.

He confesseth he was in this place at that time with the old man . He acknowledged that he spake some words , but denied he spake those : That he was the man , he doth not deny .

Attorn. Gen.

The third man is a Gentleman that doth not understand the French Tongue , he was in the company of these two men at that time ; we do not call him to prove the words , because he doth not understand the Language .

L. Chief Just.

There is no mistake of the Person , the Prisoner doth not deny he was there . Call the third person to know what he hath to say .

Philip Garret third Witness . Wit.

All that I can say is this ; My Captain William Castars came to me in great passion and said , I cannot suffer this , I will run upon him , I cannot be quiet .

L. Chief Just.

What are those words he charged upon 〈…〉

Witness .

That he would kill the King himself : it is 〈…〉 suffer it , I will run out for a Constable presently , this cannot 〈◊〉 offered . I went to enquire for his name ; the answer was , he was a Goldsmith , and that his name was Stayley . That 's the very man ( looking upon him ) I saw there , and heard him speak .

L. Chief Just.

What were the first Words ?

Witness .

The French Words were spoken twice in English thus ; The King was a grand Heretick ( French again ) Here 's the Hand , here 's the Heart , I would kill him my self .

L. Chief Just.

What can you say to this ?

Prisoner .

My Lord , the matter of Fact hapned thus : This Gentleman Mr. Southerland , comes over to me in the morning when I was in the shop , and said , Sir , I would have a red Button like this , I said I had none of that nature , you had better go to the Exchange . I would have one of a true Stone ; You must ( I reply'd ) go to the Jewellers , I have none of these . Upon that I dismist him ; he went over , and presently comes in a quarter of an hour after , and tells me , that an Honourable Person would speak with me : I went over ; this Gentleman makes a great many Ceremonies to me , and reads me this Paper ; he tells me , you see what the Gentleman reads , I would advise you to look to it , then taking me aside by the Window , I said , I do not understand you , I am innocent , you must not put any bubble upon me : with that the Captain runs out in a Fury , and fetcheth a Constable , and carrieth me to the Gate-House . I was in my Shop the day before , which very day I did intend to go out with a Friend into the Countrey , and prepared my self accordingly ; and Mr. Fromonte , the old man that was the Friend of mine , comes , saying to me , the Constable would have something , I know not what it is , come and assist me ; I went to the place , the Constable told me , that I was to appear by ten of the Clock ; with that comes the old man out . I owed him a little money , I went and paid him the money which I owed him . I came back and face down by the window out of sight , the old man sate at the right hand , so we sat and discoursed as innocently , as I thought , and ( before God ) as ever I spake in my life .

L. Chief Just.

What discourse had you ?

Prisoner .

Our chief discourse was about the materials of our business , and it was about the King of France his Usurpation over his Subjects , and the happiness of our little People , the Commonalty of England , that was indeed usually our discourse when we met together .

L. Chief Just.

Did you say you would kill the King of France ? and that he was a great Heretick ? Do you believe the King of France is an Heretick ?

Prisoner .

I know not what his opinion is , that 's to his own Conscience .

L. C. Just.

Did you name the word Heretick ?

Prisoner .

Not to my knowledge upon my Soul , not of the King of England ; we might have discoursed of the happiness and of the difference of their Governments . I have been thought a Person of some Intelligence , and of some Understanding in the World , and not to expose my self to speak in a publick large room , the door being open , with so high a voice that these Gentlemen being in the next room should hear me in French , and in a Street where almost all are Frenchmen , to speak these blasphemous words , words that I abhor I have been a great Admirer of my Prince .

Court .

Read the Statute of Decimo tertio , &c.

L. Chief Just.

Speak the words in English about killing the King , speak them all .

Witness .

That the Prisoners Companion did say , The King was a Tormentor and Prosecutor of the People of God . The Prisoners words were again , The King of England is the greatest Heretick , and the greatest Rogue in the World ; here 's the heart , and there 's the hand that would kill him ; I myself .

Prisoner .

Here 's the Hand , and here 's the Heart which would kill my self : not would kill Him my self .

L. C. Just.

What Jesuit taught you this trick ? It is like one of them , it is the Art and Interest of a Jesuit so to do .

The Statute Read . L. Chief Just.

Have you any thing more to say for your self than what you have already said ?

Court .

Sir John Kirke , do you understand French ?

One of the Jury .

I do my Lord ; the words have been interpreted all right .

L. Chief Just.

Let me ask you one Question ; When you said the King was a great Heretick and a Rogue , and here 's the heart , and here 's the arm that would kill him my self ; was it not the King you would kill ?

Prisoner .

I have this to say in Justification of my self , and Allegiance to my Prince and King , that I never thought , nor imagined , or contrived any way , but have been a true Subject to the King upon all occasions ; I am sorry it proves so , Gods will be done , my Soul depends upon it ; I am a dying man by the Statute , never with Intention , or any thought or ill will , spake I any word about this matter ,

L. Chief Just.

Out of the abundance of the Heart the Mouth speaks , the Statute hath been read , which hath made it criminal .

Call a witness for the Prisoner .

Witness for the Prisoner , One Anselm Spake .

They came to my house , where I live , at the Cross-keys in Covent Garden , about eight a clock in the morning , these two Gentlemen , the day they took him away , was the day after these words were spoke , and he was kept prisoner from eight till eleven of the Clock without any Constable , they had five Bottles of Wine , and bespake meat , but they did not stay to eat the meat .

L. Chief Just.

How came you to stay so long ?

Witness .

I was two hours in looking for a Constable , they would not come with me without a warrant from a Justice of Peace .

L. Chief Just:

Who told you you had best take it up ?

Prisoner .

The middlemost man , the first witness .

Witness .

We were about three long hours , I sent out this Gentleman for a Constable , in the mean time the Prisoners Father sent his Maid for him to come home , I told him he should not go , if he desired to eat we would eat there . I sent to White-Hall and desired a guard , the Officer of the guard told the messenger it was the Constables part .

Court .

Call another Witness for the Prisoner .

Witness for the Prisoner .

I have heard him often declare as much Loyalty to his Prince as any person . One day we fell into a discourse of these affairs , the business of the Jesuites , which are a people he did as much condemn as any ; for in Padua he saw so many cheats , that he forsook the Jesuitical Religion , and if he knew any of the persons concerned in this plot , he would be the Executioner himself , and whoever comes to reign afterwards , they shall never enjoy so much peace as now ; and I heard him often say he would lose his blood for the King , and heard him speak as Loyally as I ever heard any man speak in my life .

L. Chief Just.

That is when he spoke to a Protestant .

Court .

Have you any thing else to say for your self , or have you any more Witnesses , that you would have examined on your behalf ?

Prisoner .

No.

Lord Chief Justice his Speech .

THe Statute hath been read , which was made since the King came in , for the preservation of his person , and during his life : the Parliament thought it reasonable , even to make desperate words to be Treason , although there was no other thing but words , that is , such words , as if the thing had been done would be Treason , the speaking it is Treason . When we come to observe the manner of this speaking , methinks there is no great difficulty to satisfie the Jury that they were spoke advisedly and maliciously . They were in a publick house , and by accident heard : they concealed them not a moment , and not from the man that did not understand French . To hear a man say in a great passion , that his King was a Heretick , and the greatest Rogue in the World , and that he would kill him , to write down the words presently , they slept not upon it , they found out who he was , the next day they came to attach him : they kept him , for what ? till they could get a Constable . So that here is nothing doubtful either in the circumstance or substance of his Case : so that you cannot have a plainer proof in the World then there is in this . For my own part , when it is in the Case of a man's life , I would not have any compliance with the rumors or disorder of times , that should be an evidence against him , but would have a verdict depend upon the Witnesses , that swear the fact down right upon him . You and we all are sensible of the great difficulties and hazards that is now both against the Kings person , and against all Protestants , and our Religion too , which will hardly maintain it's self , when they have destroyed the men ; but let 'em know , that many thousands will lose their Religion with their lives , for we will not be Papists , let the Jesuits press what they will ( who are the foundations of all this mischief ) in making proselites , by telling them , do what wickedness you will it 's no sin , but we can save you , and if you omit what we Command we can damn you . This they will not own when it comes to be an objection and penal upon them , but they will never get the Pope of Rome to declare he hath not a power to Excommunicate what he calls a heretick King , and if he does , that the Subject is not discharged from his obedience , they would do great service to their Papist friends , if they could obtain such an Edict . They print , preach , dispute , and maintain otherwise , and thereby lead people to their own destruction and the destructions of others . Excuse me if I am a little warm , when perils are so many , their Murthers so secret , that we cannot discover the murther of that Gentleman , whom we all knew so well , when things are transacted so closly , and our King in so great danger , and Religion at stake . T is better to be warm here than in Smithfield . But that the man might have justice done him , he hath had his Witnesses , and might have had this old Man , if he had named him to Mr. Richardson : and to shew what fair play he has had , Mr. Attorny tells you the old Man hath been examined upon Oath , and offers him the Copy of his Examination to use , but he thinks not fit to use it for his defence , therefore nothing is smothered . The Offence you have heard in words plain enough , unless the sence is preverted by Jesuitical cunning and equivocation , the best part of their learning and honesty . They swear it expresly , That the King was a Heretick , and the greatest Rogue in the World , and here 's the heart and hand , that he would kill him himself ; and hath and can have no other signification . The Statute saith Aavisedly and Maliciously . The manner of speaking , and the words spoke , prove both : When a Papist once hath made a Man a Heretique , there is no scruple to murther him . Whoever is not of their Perswasion are Hereticks , and who ever are Hereticks may be murthered , if the Pope commands it , for which they may become Saints in Heaven ; this is that they have practised . If there had been nothing of this in this Kingdome , or other parts of the World , it would be a hard thing to impose it upon them , but they ought not to complain , when so many instances are against them . Therefore discharge your Consciences as you ought to do ; if guilty let him take the reward of his Crime , and you shall do well to begin with this man , for perchance it may be a terrour to the rest . Vnless they think they can be saved by dying in the Roman Faith , tho with such pernicious and traiterous words and designs as these are ; let such go to Heaven by themselves , I hope , I shall never go to that Heaven , where Men are made Saints for killing Kings . ;

William Stayley , hold up your hand .

Court .

Is William Stayley guilty of the High Treason whereof he hath been Indicted .

Jury

Guilty .

Court .

What Goods , Chattels , Lands or Tenements ?

Pris .

None .

L. Chief Just.

Now you may die a Roman Catholique , and when you come to die , I doubt you will be found a Priest too .

Kings Council .

I pray Judgment according to the Verdict .

Court .

You have been indicted of high Treason , you have put your self upon your Country , which Country have found you guilty , what have you to say for your self , wherefore the Court should not proceed to Judgement against you ?

Prisoner .

I have nothing to say .

L. Chief Justice .

I pronounce Judgement upon you . You are here found guilty by the Jury of high Treason , for saying you would kill the King , with other irreverent words ; but the matter which makes you a Traitor is proved upon you by most apparent evidence . The matter , manner , and all the circumstances of it make it plain , you may harden your heart as much as you will , and lift up your eies , but you seem instead of being sorrowful , to be obstinate , between God and your Conscience be it , I have nothing to do with it , my duty is to pronounce Judgement upon you according to Law , which is this ,

The Sentence .

You shall return to the Prison , from thence shall be drawn to the place of Execution , where you shall be hanged by the Neck , cut down alive , your Quarters shall be severed and disposed of as the King shall think fit , and your Bowels burnt , and so the Lord have mercy upon your Soul .

FINIS .