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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.

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 ●●quire you to repair to the place aforesaid o● 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 de●●●●● by due course of Law And all M●●●●●● Sheriff● 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