Born beyond Sea out of the Kingdom My Lord here is not one word proved of the Substance of the Indictment not a word proved that I took Orders beyond Sea nor here from any person that saw me take Orders not a word of that proved Nor not a word of the Substance of that Statute of Queen Elizabeth which I am Indicted upon only some fevv Women say they heard me pray in an unknovvn Language vvhich vvas no more then Family-Duty and I can produce a Witness that Women say their prayers publickly in an unknovvn Tongue and all ansvver and by these Circumstances I am accused for being a Priest Bar. Street I find Mr. Busby you understand the Law but pray you Is the Sacrament given by Women And is Absolution given by Women Busby If they understand not the Language they understand not the Thing Treason may be spoke in French and I know it not to be so Bar. Street Then it seems no man can prove a Priest that does not understand the Latine Tongue Busby None of the Witnesses has Sworn that I gave Absolution nor that I said Mass but in an unknown Tongue What they have said are only Circumstances and do not prove the Indictment and what they say I I did are things that are performed by those that are not Priests I offer it again to your Lordships Consideration that I have not been proved a born Subject of the Kings I vvas deprived of my Habeas Corpus vvhich vvas detained in the Sheriffs Hand and so lost the Benefit of it those things are material and have not had time to produce Witnesses that I was not born in England but beyond Sea at London I could have got Evidence to prove that and here has been no proof made of that but a story told of me when I was a Child I have proved that my name cannot be found in the Register at Coddington For the rest I have not had time if I had had the benefit of my Habeas Corpus to have been Tryed at London I had Friends there that could have proved me born beyond Sea This Dudley that appears an Evidence against me was a Servant of Mr. Powtrells who was gone away upon disgust he sent out of the Garden several loads of goods and now he comes to swear against me I am verily confident that he carryed away above Three Horse load of goods that he carryed privately out of the Garden of Plants and such things and sent them all away Mr. Gilbert My Lord they were his Cloaths and other things of his own which he took with him when he went away Bar. Street All this signifies nothing if it be proved but bring what Witnesses you will to prove it Busby I hope your Lordship will consider that I am an Alien born and that by the loss of my Habeas Corpus I had not time to bring my Witnesses and that the Prayers I said were only Family Duties I hope that will be considered and that those people that have Sworn I said Mass and Absolved do not know what Mass is nor Absolution My Lord here is nothing proved of the Indictment against me Bar. Street You have said all this six times over if you have nothing farther to say in your defence I must sum up the Evidence to the Jury Bar. Street You of the Jury The Prisoner at the Bar George Busby stands Indicted of Treason upon the Statute of XXVII ELIZ. Cap. II. the principal Branch whereof is this And be it further Enacted by the Authority aforesaid That it shall not be lawful to or for any Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical Person whatsoever being born within this Realm or any other of her Highness Dominions and heretofore since the said Feast of the Nativity of St. John Baptist in the First Year of her Majesties Reign made ordained or professed or hereafter to be made ordained or professed by any Authority or Jurisdiction derived challenged or pretended from the See of Rome by or of what Name Title or Degree soever the same shall be called or known to come into be or remain in any part of this Realm or any other her Highness Dominions after the end of the same Forty days other then in such special cases and upon such special occasions only and for such time only as is expressed in this Act And if he do That then every such Offence shall be taken and adjudged to be High Treason And every person so offending shall for his Offence be adjudged a Traitor and shall suffer lose and forfeit as in case of High Treason Bar. Street This makes every Offender against this Statute a Capital Offender and guilty of High Treason now whether he is within this Law you are to consider Mr. Gilbert has told you that he is a reputed Priest and Jesuit in the Neighbourhood and that as such he had an Order from his Majesty to apprehend him He used his endeavors to take him for some time but could not apprehend him till the Sixteenth of March last and then he found him but in such an obscure Hole that no body would hide himself in but such an extraordinary Offender Innocent people do not obscure themselves in that manner Joseph Dudley to prove him a Native and not an Alien tells you That when Souldiers in the time of the late Wars came to plunder his Fathers House he heard him say That at Two years old he hid himself in the Curtains in his Mothers Chamber for fear of the Souldiers But says the Prisoner my memory could not serve me at Two years old to retain what I did then But our Parents tell us what we did then If a Man be asked What age are you of No man can tell but as his Parents tells him My Father told me I was Six years old and from thence I remember it His Father and Mother were not out of England as appears till about 1646 and then the War was ended and the Prisoner confess'd himself to be about Forty years of Age which shews him born in England He that but observes his Language will find that the Tone of the English Language remains with him One born in Wales though he come young from thence he will have a Welsh Tone as long as he lives The Prisoner tells you That no man has proved his being in Orders of the Church of Rome nor where when or by whom made a Priest But if all that were to be proved it would make the Law idle and insignificant If he be made a Priest in England 't is as much as if made at St. Omers or Rome He did own io Joseph Dudley That he was made a Jesuit and laboured to make a Convert of him in the Garden when he was alone with him The next was Thomas Houis who courted a Woman and must not have her unless he turn'd Roman Catholick Busby must discourse him and make a Convert
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.
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 Buâ—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
house though at that time was reported to be fled However the Government had a jealous eye on this Busby above two years ago as may appear by a Warrant from the Lords of the Council which warrant I have ready and humbly pray your Lordship it may be read openly in Court Bar Street Let it be read Clerk Whereas Information hath been given to his Majesty in Council upon Oath that George Busby late of West-Hallam in the County of Derby is a reputed Priest and Jesuit and has had a considerable part in the late Conspiracy against the life of his sacred Majesty and the peace of the Goverment these are therefore to will and â—â—quire you to repair to the place aforesaid oâ— where ever else the said George Busby shall be found and him to seize and apprehend and convey to the next County Gaole there 〈◊〉 〈◊〉 n in close Custody until he shall be deâ—â—â—â—â— by due course of Law And all Mâ—â—â—â—â—â— Sheriffâ— Justices of the Peace Constables and other his Majesties Officers and loving Subjects are to be assisting unto you in the Execution hereof as they will answer the contrary for which this shall be your Warrant Dated at the Council-Chamber in White-Hallthe 19 th day of March 1678. Indorsed to Henry Gilbert Esq at Lockco in the County of Derby Worcester Clarendon Ailsbury H. London Sunderland Essex Folconbridge John Nicolas Then Mr. Gilbert proceeded Mr. Gilbert My Lord I received this Order on Saturday the 22 th day of March 1678. And on Sunday Afternoon I sent to Mr. John Bagnall of Derby who was then Under sheriff requiring him to meet me early on Munday the 24 th at Mr. Powtrells house at West-Hallam about some earnest business lately sent down from the Lords of the Council wherewith I would acquaint him at our Meeting as soon as he came I shewed him the Warrant after which we searched very diligently in every place we could see but could not find him though afterwards I was informed he was in the House at that time also About August 1679. Mr. Powtrel obtained a Licence from his Majesty to Travel beyond-Sea and it was confidently reported by the Papists that this Mr. Busby was gone over too insomuch that when Sir William Waller came into these parts in January 1679. with Warrants to search for Jesuites In one whereof I saw Busbys Name and would have searched at Hallam I disswaded him and did assure him I believed he was gone beyond-sea and tould him how often I had searched for him in vain whereupon Sir William Waller diverted to another place though I have been informed since that Busby was never out of England since the discovery of the Plot. But about Christmas last and since I haveing had notice that Busby was in England and particularly at West-Hallam and had been seen last Corn-Harvest to walk in Mr. Powtrels Garden with one Ann Smally a Widdow I thought it my Duty to make some further enquiry after him which I did on the first day of March last and came to the House to buy some Wood for my Cole-pits and then brought five or six persons with me and sent for the Constable to help me to search for him which we did most part of the Afternoon but could not find him though he was seen to be walking in the Garden with the said Ann Smally when I came first into the House as I was afterwards informed but when I asked the said Ann Smally for him she affirmed with many Protestations that he was in Flanders and not in England and that if I had any business with him I must go beyond-Sea to him for she had not seen him for above two years though she had helped to convey him out of the Garden into his hiding-hole but a few Minutes before However I proceeded in my search and found in the Chamber where Busby Lodged a Crimson-Damask Vestment wherein was packed up a Stole Maniple of the same as the Papist call them an Alter Stone Surplice and a Box of VVaffers Mass-Books and divers other Popish things then I told Mistress Braylsford a kinswoman of Mr. Powtrels and the said Ann Smally those things did signify that a Priest belonged to the House for the Book had lately been used as was apparent by the String which was put betwixt two Leaves whereof Festa Februarij was on the one side and Festa Martij was on the other side but they stifly affirmed that no Priest had been there of above two years before and Jeared me when I could not find him and said if there was a Priest in the House why did not I take him VVhen I had done searching and could not find him I took away the Vestment and other things which I brought to the Assizes a Fortnight after and did ask Mr. Justice Charlton who came that Circuit his opinion what I should do with them he told me they must be burnt according to Law I intreated his favour that I might send them again to the same place for two or three days to make the Priest more confident that I might better Apprehend him he told me he could give no such permission but insisted that they ought to be destroyed VVhen all the business was done at the Assizes on the Crown side where I was obliged to attend on March the 15th day at Night I went to the Judge again and craved his Lordships Pardon for presuming to send back the Popish things contrary to his Opinion but acquainted him that I intended to go after them to West-Hallam that Night and if I could not catch the Priest I resolved to bring the same things again and after I had asked his Lordship some Questions and received his Directions I came to my own house and went about eleven of the Clock at night with some Company to assist me to Hallam and set two Men to Watch in the Garden and one in the Church-yard joyning to another side of the House to see if they could spye any Light or hear any Walking in the Lofts or false Floores when I made a noise on the other side of the House I sent a Man before to call up the Constable and when he and two or three more came I knockt at Mistriss Ann Smally's Window about twelve of the Clock in the Night and said aloud Mistriss Smally open the Doors I am come to search for a Popish Priest She started up and said Who was there I told her It was I she knew me well enough I dwelt at Lockco Then I staid a pretty space of Time and called aloud to her again and spoke the like Words but by that time I suppose she and her Bedfellow Mistriss Braylsford were gone to give the Priest Notice and to help him to his hiding hole for no body answered me then after a pretty space I called to her a third time And required her in the Kings Name to open the Doors for I was come to search for
Busby the Jesuite who was a Traytor by Law and if she would not open the Doors I would cause the Constable to force them open and when I could have no Answer from her I went to Joseph Dudleys Chamber Window and called there Charging him in the Kings Name to open the Doors but no Answer at all was returned for he also was gone into the Priests Chamber and found Ann Smalley busy in helping Busby to secure himself as the said Joseph Dudley did afterwards inform me After I had stayed about a quarter of an hour I commanded the Constable in the Kings Name to break the Doors open which was done and when we came into the Priests Chamber I found the Fire had been lately extinguished the counterpain and the Blankets laid in confused heaps on the Bed and some part of them warm and some part cold the upper part of the Feather-Bed was cold which I wondered at then I put my Hand underneath and the Bed was warm for they had turned it I looked for the Pillow Sheets Cap c. but Ann Smally as I was afterwards informed had taken them into the Chamber where she lay I asked her divers Questions about the person that had layn in that Bed that Night and particularly VVhether or no it was not Busby She told me No body had layn in that Bed that Night I told her I was sure some person had layn there for the Feather-Bed was warm on the under side She took many Protestations That no body had layn thereof divers Nights before I replyed if she would discover the person who had layn there it would save her and me much trouble But when all I could say would not prevaile I told her I must search for I was confident That Busby was in the House because she would not declare who it was that lay there I began to search about one of the Clock and continued till after ten next Morning before I could find Him and though the Watchers in the Garden told me They heard his Paces and Steps very plainly amongst the Lofts and false Floores and described on the out-side of the House the place where they last heard him within the space of nine and ten Foot where he was hid yet were we almost so many hours before we could find him At last when the Searchers were almost all tyred Ann Smally and others of the Family Scossed at us and asked What have you not found him yet you said there was a Priest in the House why do you not find him then Why do you not take him I said All in good time I was resolved to find him or starve him out Nay the Foot-boy of the House seeing my Servant look within the Kitchin Chimney where there hung a Port-Mantua said Jeering to my Man Look if he be not in the Port-Mantua After those persons had pleased themselves a good while with Mocking us for our disappointment I perswaded two or three of the Searchers once again to Climb upon the Lofts which I could not do my self by reason of a Lameness in my Shoulder and to look well near the place where Busby's last steps were heard VVhich when they had done some while and found nothing I took my Sword and Scabbard being in the Rooms underneath and Knocked on the Plaster-floores over my Head and caused them to Answer me with the like Knocking as near the same place as they could and when we had examined the Floores in this manner I Knocked near unto a Stock of three Chimneys but they could not Answer within a Yard I knock'd again in two or three places near the Chimneys yet still they could not Answer near those places but told me there was nothing but Tiles and Roofing I bid them break open those Tiles which they did and espied under them a wooden Door and a little Iron Hinge I bade them break the Door then one of the searchers put in his hand into a little hole that was broken in the Door and felt a Hat then he told me some body was in that place for a Man had thrown his hand off the Hat then I caused them to break open the entrance which when they had done Busby spoke to them and desired them to be civil when they told me what he said to them I charged them to be civil to him and bring him to me which they did Then I arrested him in his Majesties Name for High-Treason and after he had refreshed himself a little I told him he must get on his Boots and prepare himself to go to Derby Soon after his Apprehension I perceiving him to be a little dismay'd I encouraged him and said he should have all the favour a person in his circumstances could expect for I told him I understood he was a Gentleman of a good Family in Buckinghamshire or Oxfordshire and that his Brother lived at Coddington in Oxfordshire which he acknowledged and thanked me for my Civility I was so well satisfied that we had apprehended him after much tedious watching and searching that I never thought of sending any Man to look what was in the hiding-hole with him but after an hours stay or there abouts I took him away from Hallam between eleven and twelve a Clock on the 16th of March last and brought him to Derby between one and two of the Clock where after I had taken his Examination I made a Mittimus and Committed him to Derby-Goale On Satturday following I writ a Letter to Oxford to the Right Honourable the Earl of Conway one of his Majesties principal Secretaries of State informing his Lordship of the apprehending and commitment of Busby and inclosed a Copy of his Examination to which his Lordship writ me a Letter in Answer that he had acquainted his Majesty with my Proceedings who did very well approve of what I had done Busby My Lord I am an Alian born at Brussels Baron-Street Was your Father of that place It is a very good Family Busby My Father lived at Coddington my Mother was an Heiriss and here is an Affidavit ready to be produced of what Children my Father had before he went beyond-Sea born at Coddington out of the Register of that place I have had no time to bring a particular Certificate where I was born and what other Children my Fathar had beyond-Sea my Father went over about the begining of the Troubles and I am about forty years of Age. After the Judge had told Busby of the Act for Naturalisatin Says Busby I suppose my Lord that Act may stand good as to Priviledges of the Subject but not as to Penalties Baron Street Yes as to all Intents and Purposes Anno XXIX Caroli II. Regis An Act for the Naturalizing of Children of his Majesties English Subjects Born in Foreign Countreys during the late Troubles WHereas during the late unhappy Troubles in England which began in the year of our Lord One thousand six hundred forty one and continued
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 2â— 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
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 poundâ— 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
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