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 Approx. 30 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A63205 Wing T2237 ESTC R228446 11800782 ocm 11800782 49375 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63205) Transcribed from: (Early English Books Online ; image set 49375) Images scanned from microfilm: (Early English books, 1641-1700 ; 554:5, 2046:39) 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. 12 p. Printed for Robert Pawlet ..., London : 1678. Item at 2046:39 identified on reel as T2237B. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- England. Popish Plot, 1678. Great Britain -- History -- Charles II, 1660-1685 -- Sources. 2006-01 TCP Assigned for keying and markup 2006-03 SPi Global Keyed and coded from ProQuest page images 2006-05 Derek Lee Sampled and proofread 2006-05 Derek Lee Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion 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 .