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A63205 The tryal of William Staley, 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, 1678. Staley, William, d. 1678, defendant. 1678 (1678) Wing T2237; ESTC R228446 8,697 14

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THE TRYAL OF WILLIAM STALEY 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 21 th 1678. LONDON Printed for Robert Pawlet at the Bible in Chancery-Lane near Fleetstreet 1678. November 20. 1678. I Do appoint Robert Pawlet to Print the Tryal of William Staley and that no other presume to Print the same WILLIAM SCROGGS THE TRYAL OF WILLIAM STALEY Goldsmith For Treasonable Words Upon which he was Condemned for High Treason Nov. 21. 1678. MR. Staley 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 Tryal 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 Vmfrevile Esquire Thomas Eaglesfield Esquire William Bohee Esquire The Indictment Read You stand Indicted by the name of William Staley c. Cryer If any can give Evidence on the behalf of our Sovereign Lord the King against William Staley let him come forth and he shall be heard Sir Creswel Levins 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 Staley we chose first to bring this man to Tryal It is not unknown to any man that lives in England what a Discovery there hath 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 Suppositious and a Fable It is true some are so charitable as to think the Roman Catholicks in England might endeavour to promote the Roman Catholick Religion but that they should have a Design against the Kings Person is a Fiction But they shall be convinced by the Tryal of this man that there was such a Design seeing the Prisoner even since the Discovery of this devilish Plot and after so many have been imprisoned for it doth persist in a Treasonable mind and a Trayterous attempt against the King's Person the clear Evidence of which is his speaking those words with which in the Indictment he is charged 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 was a Banker for the Catholicks he grew enraged that their Money was called so fast for and being in the company of one Fromante a Foreigner at a Cook 's shop he takes notice of the discovery of the Plot being a very great well-wisher to it and enters into a great Passion and spake these words of the King That he was a great Heretick and the greatest Rogue in the World then holding up his hand he clapt it upon his Heart and said I would with this hand kill him my self These words were heard by two Gentlemen that were present but spoken in French William Carstaires 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 another Frenchman with Staley a stranger to me they discoursed together in French and Staley 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 Bartholomew Fromante his Friend said That the King of England was a Tormentor of the People of God and he answered again The King of England and repeated it again in a great Fury the King of England is a great Heretick and the greatest Rogue in the World there 's the Heart striking his hand on his Breast and here 's the Hand that would kill him my self and he said further the King and Parliament think all is over but the Rogues are mistaken Lord Chief Just Did you know Staley 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 Staley 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 toward us L. Chief Just Were you in the same Room Witness No but just over against it the Doors were open L. Chief 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 foot I would kill him my self which the Prisoner would have evaded by 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 Sutherland Witness Mr. Sutherland Tell what you heard the Prisoner at the Bar say were you there Witness Yes L. Chief Just Which was nearest to 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 old man said That the King of England was a Tormentor of the People of God the Prisoner answered The King of England and repeated it again with a great fury The King of England is the greatest Heretick and the greatest Rogue in the World there 's the Heart striking his hand on his Breast and here 's the hand that would kill him my self and the King and Parliament thinks their business is over but the Rogues are mistaken Pris I said replyed 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 dye 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 for that reason in such a Passion that he would therefore kill himself whether that be a natural Conclusion from such Premises I must submit to any impartial Hearer L. Chief Just Did you see Mr. Staley perfectly was the door open Witness I saw him perfectly L. Chief Just Did you know him before Witness I never saw his face before L. Chief Just Did you write the words presently Witness I writ 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 writren the fourteenth of November 1678. About eleven a clock they came to the Black Lyon in Kings-street and call'd for a quart of Ale and a slice of Rost Beef and it was answered it should presently be had William Staley 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 Staley 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 but to prove what followed L. Ch. 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 Phillip Garret third Witness Wit All that I can say is this my Captain William Castaries came to me in a great Passion and said I cannot suffer this I will run upon him I cannot be quiet L. Chief Just What are those things he charged upon him Witness That he would kill the King himself it is impossible to suffer it I will run out for a Constable presently this cannot be suffered I went to enquire for his name the answer was he was a Goldsmith and that his name was Staley 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. Sutherland 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 Country and prepared my self accordingly and Mr. Fromante 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 sate 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. Ch. 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. Chief 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 Persecutor 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 there 's the Heart and here 's the hand that would kill him my self Prisoner Here 's the Hand and here 's the Heart which would kill my self not would kill him my self L. Chief 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 Kirk 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 there '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 Allegeance 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 Prisoner The old Man to whom I spake is not here I had so short notice of my Tryal that I could not find him Attor Gen. That old Man hath been examined upon Oath The Prisoner shall see the examination if he please he shall have it read if he will not I will not press to have it read Here the examination being shewn the Prisoner he gave it back to Mr. Attorny General again then the Prisoner called for a witness who was present in Court 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. Ch. 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. Ch. 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 VVhite-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 VVitness 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 vvhoever comes to reign aftervvards they shall never enjoy so much peace as novv and I heard him often say he vvould lose his blood for the King and heard him speak as Loyally as I ever heard any man speak in my life L. Ch. Just That is vvhen 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 hadly 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 Jusuits 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 perverted 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 Advisedly 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 designes 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 Staly hold up your hand Court Is William Staly gulty of the High Treason whereof he hath been Indicted Jury Guilty Court What Goods Chattels Lands or Tenements Jury None L. Ch. Just Novv you may die a Roman Catholique and vvhen you come to die I doubt you vvill be found a Priest too Kings Councel I pray Judgement according to the Verdict Court You have been indicted of high Treason you have put your self upon your Country vvhich Country have found you guilty vvhat have you to say for your self vvherefore 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 vvould kill the King vvith other irreverent vvords but the matter vvhich 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 vvill and lift up your eies but you seem instead of being sorrovvful to be obstinate betvveen God and your Conscience be it I have nothing to do vvith it my duty is to pronounce Judgement upon you according to Lavv vvhich 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 be disposed of as the King shall think fit and your Bowels burnt and so the Lord have mercy upon your Soul FINIS