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A63144 The tryal and condemnation of George Busby for high-treason as a Romish priest and Jesuite, upon the statute of 27 Eliz., Cap.2, at the assizes and general goal-delivery held at Derby, for the county of Derby, the 25th day of July, in the 33th year of the reign of our Soveraign Lord King Charles the Second, &c : before the Honourable Sir Thomas Street, Knight, one of the barons of His Majesties exchequer / as it was faithfully taken, by a person of quality. Busby, George, 1638-1695, defendant.; Person of quality.; England and Wales. Court of Quarter Sessions of the Peace (Derby) 1681 (1681) Wing T2142; ESTC R28367 26,523 42

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until the time of His Majesties most happy Restauration divers of His Majesties English Subiects as well of the Nobility as others did either by reason of their Attendance upon His Majesty or for fear of the then Vsurped Powers reside in parts beyond the Seas out of His Majesties Dominions and it may hereafter become difficult to make proof of the occasion of such their residence Now for preventing of all Disputes and Questions that may arise whether the Children of such His Majesties Subjects of this Realm are Natural born Subjects of our Sovereign Lord the King and to erpress a due sense of the merit of all such Loyal persons as out of their duty and fidelity to His Majesty and His Father of Blessed Memory did forego or were driven from their Native Country Be it Declared and Enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That Charles Gerard and Elizabeth Gerard Children of the Right Honourable Charles Lord Gerard of Brandon Trever Wheler and Dorothy Elizabeth Wheler Children of Sir Charles Wheler Baronet Anne Ravenscroft the Wife of Edward Ravenscroft of Bretton in the County of Flint Esquire one of the Daughters of Sir Richard Lloyd Knight deceased born at Calice in France and all other persons who at any time between the Fourteenth day of June in the said Year of our Lord One thousand six hundred forty one and the Four and twentieth day of March in the Year of our Lord One thousand six hundred and sixty were born out of His Majesties Dominions and whose Fathers or Mothers were Natural born Subjects of this Realm are hereby declared and shall for ever be esteemed and taken to all intents and purposes to be and to have been the Kings Natural born Subjects of this Kingdom and that the said Children and all other persons born as aforesaid and every of them are and shall be adjudged reputed and taken to be and to have been in every respect and degree Natural born Subjects and Free to all intents purposes and constructions as if they and every of them had been born in England And be it further Enacted and Declared by the Authority aforesaid That the Children and all other persons as aforesaid and every of them shall be and are hereby enabled and adjudged able to all intents constructions and purposes whatsoever as well to demand as to have and enjoy any Titles of Honour Manors Lands Tenements and Hereditaments and all other Priviledges and Emmunities belonging to the Liege people and Natural Subjects of this Kingdom and to make his or their resort or pedegree as heir to his their or any of their Ancestors Lineal or Collateral by reason of any Descent Remainder Reverter Right or other Title Conveyance Legacy or Bequest whatsoever which hath may or shall descend remain revert accrue come or grow unto the said Children the or persons born as aforesaid or any of them as also to have and enjoy all Manors Lands and Tenements or other Hereditaments by way of Purchase or Gift of any person or persons whatsoever as also to prosecute pursue maintain avow and justifie all and all manner of Actions Suits and Causes and all other things to do as lawfully liberaly freely and fully as if the said Children and the persons born as aforesaid and every of them had been and were Born of English Parents within this Kingdom or as any other person or persons born within this Kingdom may lawfully in any wise do any Law Act Statute Provision Custom or other thing whatsoever had made done promulged proclaimed or provided to the contrary thereof in any wise notwithstanding Provided always That no person other then the persons expresly named in this Act shall have any benefit thereby except such person shall within seven Years next ensuing Receive the Sacrament of the Lords Supper and within one Month next after such Receiving the Sacrament take the Oaths of Allegiance and Supremacy in some of His Majesties Courts at Westminster and deliver into the Court at the same time a Certificate of such his Receiving the said Sacrament and then make proof thereof by Witnesses to be ezamined viva voce upon Oath And be it further Enacted That no person or persons other then the persons expresly named in this Act shall have any benefit thereby until he or they shall have Received the Sacrament and made proof thereof by Certificate and Witnesses and taken the said Oath in manner aforesaid And for the better manifestation and proof of such qualifications as may Entitle any person to the benefit of this Act which in process of time may be very hard to be proved Be it further Enacted That any person having Received the Sacrament and made proof thereof by Certificate and Witnesses and taken the said Oaths within the time aforesaid in any of his Majesties Courts in manner aforesaid shall and may be admitted to make proof of such his qualification in the said Court by Witnesses viva voce to be examined upon Oath and if he shall make proof thereof to the satisfaction of the said Court he shall thereupon have a Certificate thereof under the Seal of the said Court to be likewise Enrolled in the said Court and for ever after upon shewing such Certificate or Enrollment thereof every such person shall have full benefit of this Law as if he had been therein expresly named Bar. Street Then you are a Natural born Subject by the late Act of Parliament whereby it appears that all Persons born abroad in the late Troubles who went out of the Kingdom by reason of their sufferings for the King are made Natural born Subjects as if born here Then Joseph Dudley was called and Sworn Bar. Street Joseph Dudley do you know the Prisoner at the Bar look upon him Joseph Dudley I have known him these Six years and more to belong to Mr. Powtrells at West-Hallam to whom I was for that time a Servant where he Officiated as a Priest and was kept to do that Office where I have heard him say Mass Preach Pray and have seen Ten Twenty or Thirty or more at a time before him in the Chappel there when he hath Officiated with his Priestly Robes upon him and likwise seen Children brought to be Christened by him others to be Catechised which he frequently did as if he had been a Parish Priest but with what Privacy he could and I my self have taken care of the doors at such times which care they left to me though I was not of their opinion yet upon my promising to be so they did repose that trust and confidence in me Bar. Street Tell us what you know concerning Mr. Busbys being an Alien as he pretends which I cannot believe Jos Dudley He tells you that when the Civil Wars were here in England his Father and Mother with their Family went
Ed. Wolmesly Gent. 6. William Horn Gent. 7. George Tricket Gent. 8. Jeremiah Ward 9. John Roper 10. John Creswel Gent. 11. Edmund Woodhead 12. Anthony Bowne Then Mr. Bridges Council for the King opened the Indictment Mr. Bridges May it please your Lordship and the Gentlemen of the Jury the Prisoner at the Bar George Busby stands Indicted for High-Treason as it is Alledged in the Indictment that he being born within the Kings Dominions and made a Priest and having received Orders by pretended Authority from the See of Rome did the 16th day of March last come into the Realm of England as 't is laid in the Indictment to West-Hallam in the County of Derby and there he did abide contrary to the Form of the Statute and this is laid to be Traiterously done To this he hath Pleaded not Guilty and we are to prove it upon him by the Kings Evidence whom we are now to call Mr. Coombes A Council for the King Gentlemen of the Jury you have heard the Indictment read and opened you will presently have it fully proved and highly aggravated by our Evidence for Gentlemen we shall prove that the Prisoner at the Bar is not only a Popish-Priest but a Jesuite and this by his own Confession and that his Name was inserted in Sir William Wallers Warrant when he came down into this Country to search for Jesuites That he has held a secret and dangerous Correspondence with Harcourt Ireland and other Popish Traytors That he has been their Procurator and disburst and received great sums of money for them Gentlemen the Prisoner hath been a person highly suspected as well as dangerous to the Government for some years for Treasonable matters of another Nature than he stands Indicted of have been deposed against him upon Oath at the Council Board and thereupon a strict Warrant to Apprehend him was directed to Mr. Gilbert a worthy Gentleman and Justice of Peace of this County Mr. Gilbert Gentlemen will presently tell you the manner of his taking him in an obscure place in the Roof of one Mr. Powtrels House at West-Hallam in this County but here I must beg leave to digress for I cannot but take notice of the malicious temper and base Practices of this sort of Men for though Mr. Gilbert acted by vertue of a VVarrant from the Lords of the Council and has since received an approbation from his Majesty of what he did under the hand of a Secretary of State yet could not those people forbear to raise false and scandalous Reports of and make false Accusations against him upon this very account but what is it they will not do to discourage Protestant Magistrates from doing their Duty against them I confess nothing is to be wondered at since the barbarous Murder of Sir Edmund-Bury-Godfrey But to proceed Gentlemen we shall also prove to you that the Prisoner is so little a friend even to the Civil-Government of this Nation that he would not suffer his Nephew Mr. Powtrel to take so much as the Oath of Allegiance which is scrupled only by the Jesuites for I think their secular Priests will generally take it Gentlemen the things I have already opened are matters of high Aggravation and come in by way of Indictment But that which in this case we rely upon is this that the Prisoner has Baptized Married Confest and absolved in the Popish way that he has given the Sacrament and said Mass very frequently in his Popish Vestments and for proof of this we have a Cloud of VVitnesses Gentlemen you hear the Prisoner is Indicted upon a Statute made in the 27th Eliz. which makes it Treason for any Subject born to take Orders from the See of Rome and afterwards to remain in England which Law I conceive was not only made for the security of the Government but also in favour of the Lay-Papists themselves for though several Statutes were made to keep them within the bounds of their Allegiance and to secure the Government from their Villanous Designes yet it was experimentally found true that no Dangers or Penalties whatsoever could deter or hinder them from Plotting against the State in order to bring us back again to the slavery of Rome whilst those jugling managers of their consciences were suffered to come amongst us and therefore I may well call this statute upon which the Prisoner stands indicted an Act of Charity to the common Papists for it was made to prevent the dangers they would otherwise run themselves into as well as the Nation 'T is true indeed Gentlemen that the lively execution of this Law has by the Clemency of our Princes and good nature of the Goverenment been many times suspended and might yet have continued in the shade had not the popish priests and Jesuits roused up this sleeping Lyon against themselves by a damnable hellish plot against his Majesties life the true Religion and well established Government of this Nation the reality of which has been confirmed to us not only by the unanswerable evidence of Colemans papers and other loyal proofs but also by frequent Proclamations and the Uniform votes and Resolutions of several Parliaments I may therefore very well borrow the words of a great Man upon the like occasion and say that at this Time of the Day it s much better to be rid of one Priest than many Fellons And therefore Gentlemen if our Evidence shall make good the Indictment I hope you will do your King your Country and your selves the right to find the Prisoner Guilty Mr. Coombes We shall call our evidence Call Mr. Gilbert who was sworn Pray tell my Lord and the Jury what you can say concerning the Prisoner at the Bar. Mr. Gilbert My Lord I dwell within two miles of Mr. Powtrells house at West Hallam the place where the Prisoner was taken and have heard that he hath been a priest in that Family six or seven years though I did never know him personally nor to the best of my knowledge ever saw him till I apprehended him which was the sixteenth of March last the very day on which the Judges went out of Derby the last Lent Assizes the first enquiry I made after him was occasioned by a Letter and a Messenger from Sir Simon Degg about November 1678 at which time I sent a Warrant to the Constable of West-Hallam to search for the said George Busby but he could not then be found at that time it was reported that he was a Jesuit and concerned in the plot which I had reason to believe because when Mr. Gray came to search Mr. Powtrells house for some Jesuits the January following by Order from the Lords of the Council in which service he commanded me to attend him we perceived Mrs. Powtrel who is Bu●bys Neece to be much troubled and in great passion the cause whereof Mr. Powtrell declared to be for fear the said search was made for her Uncle Busby who as I heard afterwards was then in the