portrait of a man 
Carolus Secundus Rex etc.  
JSF.  
E Cooper Ex    

THE TRIAL 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 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 Trial of William Stayley: and that no other presume to Print the same.  
WILLIAM SCROGGS.   

THE TRIAL OF WILLIAM STAYLEY, Goldsmith; For Treasonable Word's. Upon which he was Condemned for High Treason, Nou. 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 Impanelled, 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 Philip 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, etc.  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 Traitorously endeavouring the Death and Destruction of our Sovereign Lord the King, he did on November the 14th, in the thirtieth year of the King, falsely, wickedly, and traitorously Compass, imagine, Device 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.  King's Sergeant, Maynard. 
The Offence is as great as can be, and will be proved 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 Trial. 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 Catholics in England do promote the Roman Catholic Religion, but the Design against the King's Person is a Fiction. But they shall do well to take warning by the Trial of this man, and Imprisonment of so many Offenders, as that even since this Discovery made, some have had this Treasonable mind, and Traitorous attempt against the King, and said those words for which in the Indictment he is charged with. This Prisoner by Religion is a Roman Catholic, he calls himself so; in plain English he is a Papist; and finding that since this Plot was discovered, his trading decayed, (being one that dealt in Monies) he was one of their Party, he grew enraged 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 wellwisher to it) entered into a great Passion, and spoke these words of the King: That he was the greatest Heretic in the World, that he was a great Rogue; for his part, holding up his hand, clapped it than 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 called for a pot of Ale, and a slice of Roast Beef, which when it was called for, his Landlord said it should be brought him; there was another Frenchman with Stayley, a stranger to me: they discoursed together in French, and Stayley than said twice over, The King was a grand Heretic, making this Demonstration with his hand upon his Breast, and stamped 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 Heretic, 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. 
Not 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 Father's 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 spoke 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 straight towards us.  L. Chief Just. 
Were you in the same Room?  Witness. 
Not, 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 forth, I would kill him myself, (which the Prisoner would have evaded) but saying, the words signify, I would kill myself. 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 Heretic, 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 myself.  L. Chief Just. 
Would you kill yourself because you said the King was a Heretic? You acknowledge yourself to be a Roman Catholic.  Pris. 
And in that Faith I intent to die.  Attorn. Gen. 
Here the Prisoner doth not deny but he said, the King of England was a great Heretic; and can we imagine him to be in such a passion that he would kill himself? whether that be a natural conclusion from the premises, 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 writ 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 King's Street, and called 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 myself would do it.  L. Chief Just. 
Did you writ all that is in the Paper at that time?  Witness. 
I writ the words in French as I heard them from him, than form 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 Father's House in Covent Garden; we asked his Father's 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 spoke some words, but denied he spoke 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 inquire 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 Heretic (French again) Here's the Hand, here's the Heart, I would kill him myself.  L. Chief Just. 
What can you say to this?  Prisoner. 
My Lord, the matter of Fact happened 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 read 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 replied) go to the Jewellers, I have none of these. Upon that I dismissed 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 advice you to look to it, than 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 Gatehouse. I was in my Shop the day before, which very day I did intent to go out with a Friend into the Country, and prepared myself 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 sat at the right hand, so we sat and discoursed as innocently, as I thought, and (before God) as ever I spoke 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 Heretic? Do you believe the King of France is an Heretic?  Prisoner. 
I know not what his opinion is, that's to his own Conscience.  L. C. Just. 
Did you name the word Heretic?  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 myself to speak in a public 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, etc.  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 Heretic, 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 myself: not would kill Him myself.  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 yourself 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 Heretic and a Rogue, and here's the heart, and here's the arm that would kill him myself; was it not the King you would kill?  Prisoner. 
I have this to say in Justification of myself, 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, spoke 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 Spoke. 
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 bespoke 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 Constable's 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 Jesuits, which are a people he did as much condemn as any; for in Milan 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 loose 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 yourself, 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 satisfy the Jury that they were spoke advisedly and maliciously. They were in a public 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 Heretic, and the greatest Rogue in the World, and that he would kill him, to writ 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 than 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 rumours 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 King's person, and against all Protestants, and our Religion too, which will hardly maintain its self, when they have destroyed the men; but let 'em know, that many thousands will loose 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 proselytes, 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 heretic 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 Murders so secret, that we cannot discover the murder of that Gentleman, whom we all knew so well, when things are transacted so closely, and our King in so great danger, and Religion at stake. 'tis 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 show what fair play he has had, Mr. Attorney 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 sense is preverted by Jesuitical cunning and equivocation, the best part of their learning and honesty. They swear it expressly, That the King was a Heretic, 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 Heretic, there is no scruple to murder him. Whoever is not of their Persuasion are Heretics, and who ever are Heretics may be murdered, 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 Kingdom, or other parts of the World, it would be a hard thing to impose it upon them, but they aught not to complain, when so many instances are against them. Therefore discharge your Consciences as you aught 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 terror to the rest. Unless they think they can be saved by dying in the Roman Faith, though with such pernicious and traitorous 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 kill 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 Catholic, and when you come to die, I doubt you will be found a Priest too.  King's Council. 
I pray Judgement according to the Verdict.  Court. 
You have been indicted of high Treason, you have put yourself upon your Country, which Country have found you guilty, what have you to say for yourself, 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 eyes, 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.