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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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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