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england_n	charles_n	france_n	king_n	15,695	5	4.4057	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 London Printed for Randolph Taylor 1681. THE TRYAL AND CONDEMNATION OF George Busby FOR High-Treason As a Romish-Priest and Jesuite upon the Statute of 27. Eliz. Cap. 2. THe Court being sate and the usual Formalities preceding business over the Pannel of the Grand-Jury was called over and nineteen of them sworn The Names of which Gentlemen of the Grand-Jury which found the Bill of Indictment c. against George Busby were as follows 1. Sir Henry Every of Eggington Baronet 2. Sir Robert Coke of Langford Baronet 3. Sir William Boothby of Ashborn Kt. and Baronet 4. Sir Robert Clark of Chilcote Knight 5. William Fitz-Herbert of Tissington Esq 6. Henry Cavendish of Douebridg Esq 7. William Mundy of Darlcy Esq 8. John Lowe of Denby Esq 9. William Berrisford of Bently Esq 10. John Allen of Gresely Esq 11. William Hopkinson of Bonsall Esq 12. William Lees Gent. 13. Lionel Parshaw of Dionfield Gent. 14. Joseph Harpur of Yeavely Gent. 15. John Stuffin of Hopton Gent. 16. Matthew Smith of Denby Gent. 17. John Whigly of Cromford Gent. 18. Paul Jenkinson Gent. 19. George Birds of Stanton Gent. The Indictment being brought into Court Billa vera Clerk of the Assizes Goaler set George Busby to the Bar which was done Cl. of the Arraignment George Buzby hold up thy hand which he delayed to do Cl. again George Busby hold up thy hand Which he did not do but instead thereof presented a Petition to the Court to this effect that he was committed to the Goale in March last for being a Popish-Priest and that great Industry has been used to procure Witnesses to swear against him and that having obtained his Habeas Corpus to be removed to London the Under-Sheriff falling Sick and being since dead the Habeas Corpus was not Executed he prays he may be removed to the Kings-Bench that he may have time to make his defence he depending upon his Habeas-Corpus his most material Evidence to clear him and to prove his being an Alian being then in London c. Baron Street Mr. Busby notwithstanding I must proceed to try you the Grand Jury having found the Bill Billa Vera you say you are an Alian if that be so then you are without this Law of the 27th Eliz. Busby I had not my Habeas Corpus and so am deprived of my Witnesses to prove that I am an Alian born Baron Street If they prove you not a Native then the Indictment falls Then the Clerk of Arraignments proceeded to Arraign the Prisoner Clerk George Busby hold up thy hand which he did Thou standest Indicted by the Name of George Busby late of West-Hallam in the County of Derby Clerk for that thou being a Subject of our Soveraign Lord the King that now is and being likewise born within this Kingdom of England was made and ordained a Priest by the Authority derived and pretended from the See of Rome after the Feast of the Nativity of St. John Baptist in the first year of the Reign of our Lady Elizabeth late Queen of England c. And before the 16 th day of March in the 33 th year of the Reign of our Sovereign Lord Charles the Second of England Scotland France and Ireland King Defendor of the Faith c. The Laws and Statutes of this Kingdom of England little weighing nor the Punishments in the same contained not at all regarding with force and Arms c. at the Parish of West-Hallam aforesaid in the County of Derby aforesaid being within this Ringdome of England voluntarily freely and Treasonably the 16 th day of March in the 33 th year of the Reign aforesaid hath been and remained contrary to the form of the Statute in that Case made and provided and against the Peace of our Sovereign Lord the King his Crown and Dignity c. Baron Street How sayest thou George Busby art thou Guilty of this Fellony and Treason whereof thou standest Indicted or not Guilty Busby This Indictment my Lord is not full It recites not the particular Case in the Statute of Queen Elizabeth viz. That I took Orders beyond Sea and another point that I am a Native of the Kings Dominions Baron Street You may be made a Priest in England by the Authority of the Bishop of Rome as well at Rome Busby How can I be made a Priest in England by the Authority of the Bishop of Rome where there is no such Authority Baron Street You must plead to your Indictment as it stands Busby Then my Lord I humbly beg I may be allowed Council Baron Street If any point in Law arise you shall be allowed Council Busby The time and place is not specified in the Indictment Baron Street If that be so 't is material but upon View of the Indictment 't was found right Cl. of Arraignments George Busby hold up thy hand Art thou Guilty of this Indictment or not Guilty Busby Then holding up his hand said not Guilty Cl. of Arraignments Culprit How wilt thou be Tryed Busby By God and my Country Cl. God send thee a good Deliverance Baron Street Now we will see if your Objections be of any weight you hear the Indictment read which was Vt Ante being a Subject of the Kings born within this Realm you may be made a Priest by the Authority of Rome in England Ireland or Germany or any where elce and that will make you a Priest within this Law Busby I am no Native I was born beyond the Sea Baron Street Your being a Native is matter of Fact and must be proved Busby My Lord I move I may have right of Challenging the Jury Baron Street Sure we must have the Jury before us first before you can Challenge any of them So the Jury being called Busby challenged peremptorily near the number allowed by the Law viz. John Burrows Gent. Henry Goodyer Gent. John Hawksworth Gent. Thomas Cockayn Gent. Cornelius Dale Gent. Thomas Wetton Gent. Thomas Wingfield Gent. William Kirkland Gent. John Agan Gent. Henry Wild Gent. Thomas Cexon James Dawson John Rose William Salt John Hurd John Stone Robert Rowland Robert Cooper Edvard Ridge William Alsop James Cooper John Wallat Gregory Seele The Kings Council did except against two persons only viz Robert Doxey Christopher Holmes Baron Street Have a care Mr. Busby at your Peril if you challenge peremptorily above the number of 35. The Names of the Petty-Jury sworn 1. Samuel Ward Gent. 2. Tho. Wilson Gent. 3. John Steer 4. John Ratcliff 5.

of him He hears Busby preach three times and heard him say Mass several times and was not only married by him but has been Confess'd and Absolved by him divers times But Busby's fallacious Argument has no weight in it That because he understands not Latine therefore he proves it not Mass nor other Services of the Church of Rome Dorothy Saunders speaks to the same purpose That he Confess'd and Absolved her And she tells you That she has seen him elevate the Host and has shewed you the manner how and he gave her the Sacrament which she and the rest took from him as the Sacrament And that she has seen him officiate in some of the Robes produced in Court Sarah Clark speaks to the same purpose and so did Elizabeth Evans But Busby says Because this was done in an unknown Tongue they cannot swear it and that he is no Priest because they do not swear where and when he received his Orders Whoever does exercise that Profession we do believe him of that Church When a Minister of our Church preaches or officiates we do not say Pray let us see your Orders first but if he officiate usually as a Priest 't is taken for granted that he is one He can tell where he received his Orders but it may be cannot produce them upon all occasions Must he therefore be no Priest Upon the whole if you believe the Witnesses or any two of them you are to find the Prisoner Guilty I believe you have had full Evidence go together and consider of it The Jury went forth and after a short stay came back into the Court. And then Clerk Gentlemen of the Jury Have you agreed on your Verdict Jury Yes Clerk Who shall say for you Jury The Fore-man Clerk George Busby Hold up thy Hand Look upon the Prisoner Clerk Do you find George Busby Guilty of the High Treason and Felony he hath been Arraigned of or not Guilty Fore-man Guilty Clerk And so you say all Jury Yes Clerk Look to him Jailor Bar. Street Though I must pass Sentence upon you of Course the Jury having found you Guilty yet I must tell you That His Majesty hath Commanded me to Reprieve you from Execution Then Mr. Bar. Street passed Sentence Bar. Street That you the Prisoner now at the Bar be conveyed hence to the place from whence you came and that you be conveyed thence on a Hurdle to the Place of Execution where you are to be hanged by the Neck that you be cut down alive that your Privy Members be cut off your Bowels taken out and burnt in your view that your Head be severed from your Body that your Body be divided into four Quarters which are to be disposed of at the Kings pleasure And God of his infinite mercy have mercy upon your Soul To the Right Honourable the Lords Commissioners of the Treasury WHere is His Majesty by Royal Proclamation dated the 12th day of November 1679 was graciously pleased to promise and add to the reward of Twenty pounds the sum of Fourscore pound● more in all One hundred pounds to any person who should discover and apprehend any Popish Priest or Jesuit And His Majesty doth appoint by the said Proclamation the Lords Commissioners of the Treasury or the Lord High Treasurer of England to pay the same accordingly without delay or abatement as in and by the said Proclamation at large it doth appear Now know all whom it may concern That at the Assizes and General Goal Delivery of Our Soveraign Lord the King held at Derby on Monday the 25th of July last past in and for the said County before us Sir Edward Atkyns Knight and Sir Thomas Street Knight Justices of Assizes and other the Justices of Our said Soveraign Lord the King for the said County That George Busby Clerk was indicted for that he the said George Busby being a subject of Our Sovereign Lord the King born in the Kingdom of England and a Priest ordained by Authority derived from the See of Rome continued in England against the Statute in that case made and provided Upon which it was then and there fully proved that the said George Busby was both a Priest and Jesuit Whereupon he was legally convicted and attainted of High Treason as in and by the Record of the same may fully appear These are therefore humbly to certifie That it likewise appeared to the said Court then and there that Henry Gilbert Esq one of His Majesties Justices of the Peace for the said County of Derby was the person that did discover and apprehend him the said George Busby for the Felonies and Treason aforesaid In witness whereof and at the request of the said Henry Gilbert that he may receive the said reward of One hundred pounds pursuant to His Majesties said gracious Proclamation we have hereunto set our hands this 27th day of July in the Three and thirtieth year of the Reign of Our Soveraign Lord King Charles the Second over England c. Annoque Dom. 1681. Edward Atkyns Thomas Street FINIS Derb. ss

Testimony of this nature hoping the matter of the Indictment has been fully proved against the Prisoner and if your Lordship please we will rest here Bar. Street I suppose the Jury will believe there has been sufficient Evidence given to convict him but Mr. Busby what can you say for your self Busby Joseph Dudley tells your Lordship how I should tell a Childish Storry of hiding my self in the Curtains when I was Two years old pray my Lord consider how I could remember what I did at two years old I know not how I could I have told your Lordship I was born beyond Sea I am sure I was bred there I hope your Lordship will not take notice of an hear-say my Mother went beyond Sea at the beginning of the Troubles not after 't was before Edge-Hill Fight As to what Houis says he himself does acknowledge that he does not understand what Language I Absolved him in nor the language of the Mass and therefore he cannot swear to it and for ought I know as to his being married it was in a priviledg'd place and could not be Cited to Litchfield Court and for what the other Witnesses says their Evidence is only that they heard something read in an unknown Language usually Women Pray in an unknown Language and those Publick Prayers were only Family Duties they swear not what it was because they understand it not Bar. Street I believe not one in a hundred understands your Prayers that hear them else they would not be so juggled by you Busby There are Vespers and Mattins and Evensong he does not distinguish what it was that vvas said by reason 't was in an unknown Language to him it was only Family-Duty I can produce a Witness to prove it that Women do Family-Duty in an unknown Language Bar. Street I know Women do not Officiate in your Church Busby He swears my Lord to what he does not understand As for Elizabeth Evans she swears concerning saying Mass and understands not one Service from another and this proves not particularly my Priestly Office Bar. Street Mr. Busby you forget Christening Avery's Child and Houis's Child Confessing and Absolving divers persons the material Evidence You onely offer some little Diversions Busby Dorothy Saunders knows not what she swears nor Sarah Clark none of the Witnesses can distinguish one service from another they cannot therefore swear what was and what was not giving of Bread is not the Priestly Office they do not swear positively to my exercising the Priestly Office other persons wear those Garments as well as Priests those things are Monuments and Heyre-Loomes to the Family they were taken out of Churches in former times at the Reformation There are now to be seen in the Cathedral at York Church Stuff and Vestments which are kept for Antiquity and so were these Bar. Street Mr. Sheppey has been a Priest and he knows the use of those things as well as you Busby My Lord those things Lay-men do wear as well as Priests I desire to call a Witness to prove it Bar. Street You may if you will but to what purpose Busby Pray call Robert Needham Who was called and appeared Bar. Street Well Needham do you know these things The Vestments being shewed unto him Robert Needham I have had these things on my self my Lord and have said my Prayers in them and have thought my Prayers more acceptable when I had them on and I have seen them used by others several times Busby More wear them that are Lay-men then such as are Priests Bar. Street Needham it seems you wore them whilst you said your Prayers that they might be more acceptable R. Needham Such like Vestments are worn by Lay-men in several places Busby I desire one Mr. Charles Vmphrevill may be called to speak to my being an Alien born Who being called for the Prisoner was not sworn Charles Vmphrevill To Mr. Busbys being an Alien I have known Mr. Busby several years and I have heard his Mother and Brother affirm he was born at Brussels And I have an Affidavit from the Register at Coddington of all their Children born in England and we do not find Mr. George Busbys name in the Register Bar. Street How can you be sure of that You ought to have brought the man along with you to testifie it Charles Vmphrevill My Lord the Sexton is an old man above Sixty years of Age and could not come but he made Affidavit of it which is here Bar. Street That does not signifie any thing at all that Affidavit cannot be allowed for he might be born there and yet not Registred but what makes you say we What makes you concerned C. Vmphrevill I say we because I was one of those imploy'd to get Mr. Busbys Habeas Corpus Vpon Mr. Umphrevills being at a stand and Busby directing him to tell what he had seen beyond Sea The Judge taking notice thereof said Bar. Street What would you have him say Mr. Busby tell him C. Vmphrevil I have seen Cannons beyond Sea wear such Vestments that are not in Orders I have seen Children wear them and they I am sure are not in Orders Busby I call Mr. Mayo to prove that I am not a Natural born Subject of the Kings Bar. Street Come Sir though you are not upon your Oath yet you must tell us the truth as faithfully as if you were Edward Mayo I have searched the Register at Coddington and I do not find George Busbys name the Prisoner Registred I have searched all the Books and I find no Register of him Bar. Street An hundred Children may be born in that Parish within this 2● years and not Registred All that are Baptized are Registred only Busby Mr. Mayo satisfie my Lord of the disappointment I had of my Habeas Corpus which you got for me Bar. Street To what purpose but Mr. Busby you shall not say but I will hear him what say you Mayo Ed. Mayo My Lord I was imployed about an Habeas Corpus for Mr. Busby in Easter Term last and did obtain one for him then but by reason of some slackness it was presently out of date and so became ineffectual Also in Trinity Term I procured another Habeas Corpus for him which was delivered to the under Sheriff of this County of Derby who was then very Sick at London of which Sickness he dyed there at last and that Habeas Corpus for that reason did likewise fall short by which disappointments Mr. Busby is not so prepared for his Tryal at this time as otherwise he might if he had not really depended upon his being removed to London by Habeas Corpus Bar. Street All this is too little to the purpose for if he expected to have had his Tryal there and was prepared for it a Term or two ago hovv comes it to pass he is not prepared novv Come come Mr. Busby what can you say more Prisoner I could not be Born at Coddington I was