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.
      
       
         
           1681
        
      
       Approx. 89 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2007-01 (EEBO-TCP Phase 1).
         A63144
         Wing T2142
         ESTC R28367
         10580946
         ocm 10580946
         45247
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A63144)
         Transcribed from: (Early English Books Online ; image set 45247)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1391:2)
      
       
         
           
             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)
          
           [2], 38 p.
           
             Printed for Randolph Taylor,
             London :
             1681.
          
           
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Busby, George, 1638-1695, -- defendant.
           Popish Plot, 1678.
           Great Britain -- History -- Restoration, 1660-1688.
        
      
    
     
        2006-01 TCP
        Assigned for keying and markup
      
        2006-03 SPi Global
        Keyed and coded from ProQuest page images
      
        2006-06 Jason Colman
        Sampled and proofread
      
        2006-06 Jason Colman
        Text and markup reviewed and edited
      
        2006-09 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           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
               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
               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
              
               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
               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
               beyond
               Sea
               ,
               where
               he
               was
               born
               ;
               but
               my
               Lord
               ,
               in
               discoursing
               with
               my
               Master
               and
               others
               of
               the
               late
               Wars
               ,
               I
               have
               heard
               Mr.
               Busby
               relate
               what
               hapned
               to
               their
               Family
               in
               those
               times
               ,
               and
               that
               their
               house
               was
               often
               plundered
               ,
               and
               his
               Father
               and
               Mother
               living
               at
               Coddington
               in
               Oxfordshire
               (
               as
               he
               tells
               you
               )
               the
               first
               time
               the
               Souldiers
               came
               to
               plunder
               the
               House
               ,
               he
               was
               about
               Two
               years
               old
               or
               more
               ,
               and
               being
               frighted
               at
               the
               Souldiers
               ,
               he
               hid
               himself
               behind
               the
               Bed
               in
               the
               Curtains
               ,
               so
               that
               while
               they
               were
               there
               ,
               none
               of
               the
               House
               knew
               where
               to
               find
               him
               ,
               which
               made
               them
               believe
               
               that
               the
               Souldiers
               had
               taken
               him
               ,
               or
               made
               him
               away
               ,
               but
               when
               the
               Soldiers
               were
               gone
               ,
               his
               Mother
               and
               some
               of
               the
               Family
               lamenting
               for
               him
               in
               her
               Chamber
               ,
               he
               hearing
               them
               ,
               appear'd
               ;
               so
               that
               with
               great
               joy
               they
               received
               him
               .
               My
               Lord
               ,
               I
               think
               the
               place
               was
               Coddington
               ,
               where
               he
               tells
               you
               his
               Mother
               lived
               ,
               and
               that
               it
               was
               hers
               ,
               she
               being
               an
               Heiress
               .
               At
               least
               I
               am
               very
               certain
               I
               have
               heard
               him
               speak
               of
               the
               place
               where
               he
               was
               born
               ,
               to
               be
               in
               or
               about
               Oxfordshire
               ,
               I
               think
               it
               was
               Coddington
               ;
               for
               it
               is
               the
               place
               where
               Mr.
               
                 Charles
                 Busby
              
               his
               Eldest
               Brother
               now
               liveth
               ,
               and
               he
               saith
               ,
               that
               from
               thence
               his
               Father
               and
               Mother
               went
               Beyond
               Sea.
               
            
          
           
             
               Busby
               ,
            
             
               When
               did
               you
               hear
               me
               discourse
               any
               such
               thing
               as
               you
               have
               related
               ,
               and
               with
               whom
               ;
               you
               speak
               this
               by
               hear-say
               ,
               do
               you
               not
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               Several
               times
               with
               my
               Master
               and
               others
               ,
               as
               I
               said
               before
               ,
               when
               they
               have
               been
               talking
               how
               some
               Families
               have
               been
               ruined
               by
               the
               great
               oppressions
               of
               those
               times
               ,
               some
               being
               Plundered
               ,
               others
               Sequestred
               ,
               and
               forced
               to
               leave
               their
               Estates
               and
               Friends
               ,
               which
               you
               said
               was
               your
               Mothers
               Case
               ,
               for
               their
               great
               sufferings
               forced
               them
               to
               go
               from
               their
               own
               house
               :
               And
               my
               Lord
               ,
               when
               he
               was
               about
               Five
               years
               old
               ,
               he
               did
               also
               say
               that
               he
               could
               remember
               Souldiers
               coming
               again
               to
               Plunder
               ,
               and
               he
               being
               at
               that
               time
               in
               the
               Garden
               or
               Orchard
               ,
               he
               did
               hide
               himself
               in
               the
               Hedge
               ,
               where
               he
               did
               continue
               till
               they
               were
               gone
               ,
               and
               then
               he
               came
               forth
               when
               it
               was
               late
               in
               the
               Evening
               ,
               but
               his
               Mother
               nor
               any
               of
               the
               Family
               knowing
               where
               he
               was
               ,
               did
               very
               much
               fear
               they
               had
               lost
               him
               ;
               but
               when
               he
               came
               to
               them
               they
               were
               not
               a
               little
               joy'd
               :
               but
               after
               this
               they
               went
               immediatly
               beyond
               Sea
               ,
               and
               took
               him
               with
               them
               ,
               where
               his
               Mother
               continued
               several
               years
               ,
               and
               had
               several
               Children
               there
               ,
               the
               which
               I
               have
               heard
               her
               say
               of
               her self
               ,
               and
               of
               her
               being
               at
               Brussels
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               Mr.
               Busby
               the
               Evidence
               says
               that
               you
               told
               a
               Story
               of
               your
               Mothers
               house
               being
               Plundered
               ,
               and
               how
               you
               hid
               your self
               in
               the
               Curtains
               ,
               when
               you
               was
               Two
               years
               old
               ,
               and
               in
               the
               Garden
               Hedge
               ,
               when
               Five
               years
               old
               ,
               for
               fear
               of
               the
               Souldiers
               ,
               and
               that
               soon
               
               after
               your
               Mother
               went
               beyond
               Sea
               ,
               where
               she
               had
               several
               Children
               ,
               which
               your self
               told
               ,
               from
               your
               own
               mouth
               ,
               and
               he
               had
               it
               not
               from
               other
               People
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               But
               Mr.
               Dudley
               ,
               What
               can
               you
               say
               ,
               as
               to
               his
               being
               a
               Priest
               or
               Jesuit
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               My
               Lord
               ,
               My
               Master
               and
               his
               Family
               ,
               and
               all
               Papists
               that
               were
               acquainted
               with
               him
               ,
               ever
               owned
               him
               to
               be
               a
               Jesuit
               ;
               and
               several
               of
               them
               have
               many
               times
               told
               me
               so
               :
               Besides
               he
               himself
               hath
               owned
               that
               he
               was
               of
               the
               Society
               of
               Jesus
               ,
               particularly
               one
               time
               ,
               when
               I
               should
               have
               been
               his
               Convert
               ;
               telling
               me
               ,
               
                 While
                 I
                 was
                 out
                 of
                 the
                 True
                 Faith
                 ,
                 I
                 could
                 not
                 be
                 saved
                 ;
                 and
                 there
                 was
                 no
                 way
                 to
                 be
                 saved
                 ,
                 but
                 by
                 Believing
                 the
                 Catholick
                 Church
                 ,
                 which
                 was
                 the
                 Roman
                 Catholick
                 ,
                 as
                 Tradition
                 makes
                 appear
                 ;
                 for
                 God
                 help
                 me
                 ,
                 I
                 was
                 a
                 poor
                 Heretick
                 ,
                 and
                 led
                 by
                 weak
                 and
                 blind
                 Pastors
                 ;
                 for
                 they
                 had
                 their
                 Religion
                 only
                 from
              
               Calvin
               and
               Luther
               ,
               
                 and
                 every
                 silly
                 Fellow
                 was
                 made
                 now
                 a
                 Preacher
                 of
                 the
                 Gospel
                 before
                 he
                 understood
                 it
                 :
                 but
                 that
                 he
                 and
                 all
                 Jesuits
                 were
                 Fifteen
                 years
                 labouring
                 in
                 their
                 Studies
                 and
                 Degrees
                 before
                 they
                 came
                 to
                 be
                 Ordained
                 .
              
            
          
           
             
               Busby
               ,
            
             
               I
               pray
               you
               where
               and
               when
               was
               it
               I
               said
               all
               this
               to
               you
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               In
               the
               Gardens
               at
               West-Hallam
               ,
               where
               my
               Master
               Mr.
               
                 William
                 Powtrell
              
               and
               Mrs.
               
                 Anne
                 Smalley
              
               ,
               after
               great
               perswasions
               sent
               me
               to
               you
               ;
               and
               told
               me
               they
               had
               sent
               you
               before
               :
               and
               that
               I
               should
               find
               you
               there
               where
               I
               did
               .
               And
               your
               first
               Discourse
               was
               of
               the
               Gardens
               ,
               withal
               giving
               me
               a
               Description
               of
               the
               Gardens
               of
               the
               Jesuits
               Colledge
               in
               Liege
               ,
               where
               you
               did
               (
               as
               I
               remember
               )
               own
               your
               receiving
               Orders
               .
               Besides
               I
               have
               heard
               my
               Master
               ,
               Mrs.
               Smally
               ,
               Mrs
               
                 Winnifred
                 Attwood
              
               ,
               and
               
                 George
                 Harrison
              
               (
               who
               lived
               in
               the
               Colledges
               beyond
               Sea
               )
               own
               it
               .
               And
               your self
               said
               ,
               
                 That
                 Mr.
              
               Evers
               
                 my
                 Lord
              
               Aston
               
                 's
                 Priest
                 (
                 who
                 hath
                 been
                 with
                 you
                 at
              
               West-Hallam
               )
               
                 was
                 your
                 Master
                 and
                 Tutor
              
               ,
               when
               as
               I
               think
               you
               were
               a
               Scholar
               at
               St.
               Omers
               .
            
          
           
             
               Busby
               ,
            
             
               How
               long
               do
               you
               say
               you
               have
               lived
               at
               West-Hallam
               ?
            
          
           
             
             
               Jos
               .
               Dudley
               ,
            
             
               Betwixt
               Six
               and
               Seven
               Years
               .
            
          
           
             
               Busby
               ,
            
             
               When
               was
               that
               I
               talked
               of
               the
               Gardens
               at
               the
               Colledge
               of
               Liege
               ?
               And
               whether
               I
               told
               you
               I
               was
               a
               Jesuit
               ,
               when
               I
               spoke
               of
               Leige
               Gardens
               ?
               What
               time
               was
               it
               ,
               what
               year
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               I
               cannot
               say
               the
               time
               ,
               but
               't
               was
               since
               I
               lived
               at
               Hallam
               ,
               and
               't
               was
               when
               you
               perswaded
               me
               to
               be
               a
               Catholick
               .
            
          
           
             
               Busby
               ,
            
             
               You
               take
               a
               compass
               of
               Six
               years
               ,
               this
               is
               a
               meer
               story
               ;
               pray
               what
               were
               my
               Arguments
               ?
            
          
           
             
               Bar.
               Street
               ,
            
             
               You
               were
               about
               to
               Convert
               him
               ,
               and
               then
               you
               told
               him
               this
               ;
               't
               is
               enough
               you
               have
               endeavoured
               to
               make
               him
               change
               his
               Religion
               ,
               but
               it
               seems
               your
               Arguments
               were
               not
               of
               so
               much
               weight
               as
               to
               be
               remembred
               .
            
          
           
             
               Busby
               ,
            
             
               I
               pray
               you
               ,
               was
               I
               ever
               with
               you
               alone
               ,
               to
               tell
               you
               I
               was
               a
               Jesuit
               ?
               Let
               me
               know
               the
               year
               and
               time
               ,
               and
               what
               induced
               me
               to
               say
               so
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               I
               cannot
               satisfie
               you
               when
               the
               Discourse
               was
               ,
               but
               I
               have
               been
               alone
               with
               you
               in
               the
               Garden
               a
               hundred
               times
               and
               more
               ;
               when
               you
               did
               satisfie
               me
               that
               you
               was
               a
               Jesuit
               ,
               was
               the
               time
               ,
               when
               you
               did
               move
               me
               to
               be
               of
               your
               perswasion
               ;
               the
               which
               I
               did
               so
               far
               condescend
               to
               ,
               that
               ever
               since
               there
               was
               none
               in
               the
               Family
               more
               trusted
               than
               I
               ;
               for
               ,
               my
               Lord
               ,
               I
               did
               give
               them
               all
               the
               assurance
               that
               might
               be
               ,
               of
               being
               of
               their
               Religion
               ,
               but
               the
               times
               being
               troublesome
               ,
               and
               the
               fear
               of
               disobliging
               my
               Friends
               ,
               particularly
               one
               or
               two
               ,
               who
               had
               the
               care
               and
               management
               of
               a
               house
               of
               mine
               (
               which
               was
               then
               in
               trouble
               )
               that
               I
               durst
               not
               consent
               ,
               yet
               my
               seeming
               inclination
               did
               very
               much
               please
               them
               ,
               and
               they
               did
               so
               far
               credit
               me
               ,
               that
               my
               Master
               did
               intend
               (
               as
               he
               told
               me
               )
               to
               take
               me
               beyond
               Sea
               with
               him
               ,
               nor
               did
               I
               know
               the
               contrary
               ,
               till
               I
               was
               upon
               the
               Road
               for
               Dover
               ,
               and
               then
               he
               told
               me
               that
               his
               Uncle
               Busby
               was
               Inserted
               in
               the
               Pass
               (
               by
               the
               name
               of
               
                 Thomas
                 Jackson
              
               )
               which
               he
               shewed
               me
               ;
               but
               he
               having
               no
               mind
               to
               go
               ,
               stayed
               in
               England
               (
               and
               for
               the
               most
               part
               at
               Hallam
               )
               so
               that
               my
               Master
               commanded
               me
               back
               ,
               to
               look
               after
               his
               Affairs
               there
               :
               And
               for
               some
               time
               before
               he
               was
               to
               return
               ,
               he
               said
               he
               would
               send
               for
               me
               over
               .
               Ever
               since
               he
               left
               
               Hallam
               ,
               Mr.
               Busby
               hath
               continued
               privately
               there
               ,
               for
               none
               besides
               Mr.
               
                 George
                 Brent
              
               and
               my self
               and
               the
               women
               of
               the
               house
               ,
               were
               suffered
               to
               know
               of
               him
               ;
               nay
               some
               of
               his
               Relations
               who
               have
               lain
               in
               the
               house
               .
               have
               not
               known
               but
               that
               he
               was
               beyond
               Sea
               ,
               though
               they
               were
               Papists
               ,
               yet
               he
               would
               not
               suffer
               them
               ,
               but
               concealed
               himself
               .
            
          
           
             
               Busby
               ,
            
             
               I
               pray
               will
               you
               tell
               me
               what
               day
               ,
               month
               ,
               or
               year
               it
               was
               ,
               you
               and
               I
               had
               this
               Discourse
               you
               speak
               of
               ;
               and
               tell
               me
               how
               it
               came
               that
               I
               was
               so
               familiar
               with
               you
               ?
            
          
           
             
               Bar.
               Street
               ,
            
             
               What
               need
               you
               impose
               it
               upon
               him
               ,
               when
               he
               saith
               he
               hath
               lived
               with
               you
               Six
               years
               and
               more
               :
               He
               cannot
               remember
               it
               ,
               but
               he
               tells
               you
               that
               it
               was
               in
               the
               Garden
               ,
               where
               he
               has
               been
               with
               you
               an
               hundred
               times
               and
               more
               ,
               not
               thinking
               further
               of
               it
               ;
               't
               is
               impossible
               to
               satisfie
               you
               the
               particular
               time
               ,
               therefore
               why
               do
               you
               ask
               him
               such
               a
               foolish
               question
               ?
            
          
           
             
               Busby
               ,
            
             
               I
               desire
               you
               will
               let
               me
               know
               how
               you
               ,
               as
               you
               pretend
               ,
               come
               to
               know
               I
               was
               a
               Jesuit
               ?
            
          
           
             
               Jos
               .
               Dudley
               ,
            
             
               Sir
               ,
               it
               is
               what
               you
               know
               to
               be
               truth
               ,
               and
               I
               am
               sure
               you
               cannot
               but
               remember
               ,
               it
               was
               in
               the
               Walk
               at
               the
               head
               of
               the
               Orchard
               ,
               where
               you
               was
               before
               me
               expecting
               my
               coming
               to
               you
               ,
               and
               did
               then
               use
               all
               the
               perswading
               means
               that
               might
               be
               to
               confirm
               me
               in
               your
               Opinion
               ;
               in
               which
               I
               seemed
               so
               well
               satisfied
               ,
               that
               you
               told
               me
               you
               would
               leave
               me
               to
               consider
               of
               it
               ,
               but
               that
               I
               ought
               to
               forsake
               my
               Friends
               ,
               and
               whatever
               else
               ,
               to
               come
               to
               God
               Almighty
               ,
               of
               which
               you
               did
               not
               doubt
               ;
               but
               bid
               me
               be
               careful
               ,
               for
               delays
               were
               dangerous
               :
               And
               my
               Lord
               ,
               as
               to
               his
               being
               a
               Jesuit
               ,
               he
               did
               own
               it
               when
               my
               Master
               was
               committed
               to
               Prison
               for
               refusing
               the
               Oaths
               of
               Supremacy
               and
               Allegiance
               :
               (
               for
               he
               was
               then
               private
               at
               
                 West
                 Hallam
              
               )
               withal
               saying
               ,
               in
               his
               Conscience
               he
               ought
               not
               to
               take
               them
               ,
               for
               their
               Church
               would
               not
               allow
               it
               ,
               but
               on
               the
               contrary
               did
               expresly
               forbid
               it
               :
               nevertheless
               Mrs.
               Powtrell
               ,
               Mr.
               
                 William
                 Powtrell
              
               ,
               and
               divers
               of
               the
               Family
               did
               argue
               for
               his
               so
               doing
               ,
               especially
               after
               Mr.
               
                 Thomas
                 Cannynge
              
               came
               from
               St.
               Thomas
               in
               Stafford-shire
               ,
               and
               said
               that
               his
               Uncle
               Fowler
               ,
               he
               ,
               and
               all
               belonging
               to
               him
               ,
               had
               taken
               the
               Oath
               of
               Allegiance
               :
               
               And
               that
               it
               was
               the
               Opinion
               ▪
               and
               with
               the
               consent
               of
               Mr.
               Fitter
               their
               Priest
               ,
               that
               they
               might
               do
               it
               ,
               and
               for
               that
               reason
               Mr.
               Cannynge
               came
               to
               advise
               my
               Master
               the
               like
               :
               but
               Mr.
               Busby
               did
               reject
               the
               motion
               ,
               and
               said
               no
               Secular
               Priest
               could
               give
               leave
               so
               to
               do
               ,
               and
               for
               his
               part
               he
               was
               absolutely
               against
               it
               ,
               and
               so
               was
               all
               the
               Society
               :
               But
               if
               Seculars
               gave
               too
               much
               liberty
               ,
               he
               would
               not
               be
               guilty
               of
               their
               fault
               ;
               so
               when
               all
               would
               not
               prevail
               with
               him
               ,
               then
               Mrs.
               Powtrell
               and
               I
               went
               to
               Mr.
               
                 William
                 Brent
              
               at
               
                 Fox
                 Coat
              
               in
               Warwick-shire
               ,
               her
               Grand
               Father
               ,
               and
               Mr.
               Busbys
               Father-in-Law
               a
               Councellor
               ,
               to
               have
               his
               advice
               ;
               and
               upon
               his
               writing
               several
               Letters
               to
               my
               Master
               ,
               and
               Mr.
               Busby
               ,
               that
               it
               was
               proper
               for
               my
               Master
               so
               to
               do
               ,
               nor
               could
               he
               avoid
               it
               ;
               then
               in
               compliance
               to
               Mr.
               Brent
               ,
               he
               did
               not
               much
               oppose
               the
               taking
               of
               the
               Oath
               of
               Allegiance
               :
               And
               those
               Letters
               ,
               the
               next
               night
               after
               Mr.
               Gilbert
               had
               taken
               Mr.
               Busby
               ,
               Mrs.
               Smally
               (
               for
               fear
               he
               should
               find
               them
               )
               did
               burn
               ,
               but
               shewed
               them
               to
               me
               as
               she
               was
               looking
               over
               many
               papers
               more
               ,
               the
               most
               of
               which
               ,
               she
               did
               likewise
               burn
               .
            
          
           
             
               Mr.
               Gilbert
               ,
            
             
               For
               your
               Lordships
               and
               the
               Juries
               further
               confirmation
               ,
               that
               the
               Prisoner
               is
               a
               Jesuit
               as
               well
               as
               a
               Priest
               ,
               and
               that
               he
               held
               a
               dangerous
               Correspondence
               with
               some
               of
               his
               Order
               ,
               which
               have
               been
               Executed
               for
               their
               Treasons
               in
               relation
               to
               the
               Plot
               :
               I
               must
               acquaint
               your
               Lordship
               that
               this
               Busby
               was
               Procurator
               for
               the
               Jesuits
               ,
               and
               that
               he
               received
               the
               Rents
               of
               their
               Lands
               ,
               from
               1673
               till
               1677
               ,
               and
               that
               he
               disbursed
               and
               returned
               several
               great
               Summs
               of
               Money
               to
               divers
               Jesuits
               ,
               as
               may
               appear
               by
               Letters
               ,
               and
               his
               Account
               Book
               ,
               which
               I
               took
               ;
               where
               may
               be
               seen
               what
               Dealings
               and
               Transactions
               he
               had
               with
               
                 Gawen
                 ,
                 Harcourt
                 ,
                 Turner
                 ,
                 Ireland
                 ,
                 Pool
                 ,
                 Bennet
                 ,
                 Heaton
                 ,
                 Tomson
                 ,
              
               and
               others
               of
               his
               Tribe
               :
               He
               could
               not
               deny
               it
               to
               be
               his
               own
               hand
               writing
               .
            
             
               My
               Lord
               here
               is
               the
               Book
               .
            
             
               (
               
                 Which
                 was
                 presented
                 to
                 the
                 Judge
                 and
                 Perused
                 by
                 him
                 )
                 Then
                 Mr.
              
               Gilbert
               proceeded
               .
            
             
               My
               Lord
               ,
               I
               did
               also
               search
               at
               West-Hallam
               House
               
               for
               Popish
               Priestly
               Garments
               ,
               (
               and
               being
               well
               informed
               that
               there
               were
               such
               in
               the
               House
               )
               and
               found
               divers
               Suits
               of
               Vestments
               and
               other
               Popish
               Trinkets
               ,
               which
               I
               brought
               away
               ;
               together
               with
               those
               I
               formerly
               sent
               back
               from
               the
               last
               Assizes
               ;
               all
               which
               I
               have
               ready
               in
               Court
               to
               be
               produced
               ,
               and
               have
               also
               a
               Minister
               here
               (
               who
               has
               formerly
               been
               a
               Popish
               Priest
               himself
               )
               to
               inform
               your
               Lordship
               the
               names
               and
               use
               of
               all
               the
               Particulars
               ;
               here
               are
               also
               (
               my
               Lord
               )
               a
               Box
               of
               Wafers
               ,
               which
               I
               suppose
               they
               use
               for
               the
               Sacrament
               at
               the
               Mass
               ,
               the
               larger
               sort
               I
               am
               told
               are
               for
               the
               Priests
               use
               ,
               the
               lesser
               for
               the
               People
               ;
               and
               here
               are
               the
               Wafer
               Irons
               which
               made
               them
               .
            
          
           
             
               Mr.
               Sheppey
               ,
            
             
               Pray
               tell
               my
               Lord
               and
               the
               Jury
               the
               Names
               of
               all
               those
               Things
               ,
               and
               how
               the
               Priest
               useth
               them
               at
               Mass
               .
            
          
           
             Mr.
             Sheppey
             taking
             up
             the
             Things
             ,
             said
             ,
             
               My
               Lord
               ,
               this
               is
               a
               Vestment
               used
               when
               the
               Mass
               is
               said
               ,
               this
               is
               a
               Stole
               ,
               and
               this
               is
               a
               Maniple
               ,
               and
               this
               an
               Antipendiana
               :
            
             And
             so
             gave
             an
             Account
             of
             the
             rest
             of
             the
             Trinkets
             .
          
           
             Then
             Thomas
             Houis
             
               was
               called
               and
               sworn
            
             .
          
           
             
               Bar.
               Street
               ,
            
             
               What
               can
               you
               say
               ,
               Friend
               ,
               of
               the
               Prisoner
               ?
               See
               if
               you
               know
               him
               ,
               look
               upon
               him
               .
            
          
           
             
               Thomas
               Houis
               ,
            
             
               I
               know
               him
               well
               enough
               ,
               he
               perswaded
               me
               to
               be
               a
               Roman
               Catholick
               ,
               when
               I
               was
               about
               to
               marry
               a
               Mans
               Daughter
               that
               was
               a
               Papist
               ,
               whom
               I
               could
               not
               have
               ,
               until
               I
               turned
               to
               their
               Religion
               .
               Mr.
               Busby
               perswaded
               me
               ,
               and
               when
               he
               had
               converted
               me
               ,
               bound
               me
               to
               believe
               that
               Matrimony
               was
               a
               Sacrament
               ;
               he
               gave
               me
               Absolution
               ,
               and
               made
               me
               do
               Pennance
               ;
               the
               words
               of
               the
               Absolution
               I
               cannot
               pronounce
               ,
               but
               I
               have
               been
               several
               times
               at
               Mass
               when
               he
               said
               it
               ,
               when
               I
               had
               Absolution
               from
               him
               ,
               after
               Confession
               I
               was
               to
               say
               these
               words
               :
            
             
               
                 For
                 all
                 which
                 ,
                 and
                 whatever
                 else
                 I
                 cannot
                 at
                 this
                 present
                 call
                 to
                 mind
                 ,
                 I
                 am
                 heartily
                 sorrow
                 for
                 ,
                 for
                 the
                 love
                 of
                 God
                 ;
                 and
                 purpose
                 by
                 Gods
                 Grace
                 to
                 amend
                 ,
                 beseeching
                 you
                 my
                 Ghostly
                 
                 Father
                 to
                 Pray
                 to
                 God
                 for
                 me
                 ,
                 and
                 to
                 give
                 me
                 Absolution
                 and
                 Pennance
                 .
              
            
             
               Afterward
               you
               know
               you
               marryed
               me
               ,
               and
               I
               was
               Cited
               to
               Lichfield
               Court
               for
               being
               marryed
               privately
               by
               you
               .
               My
               Lord
               ,
               I
               have
               been
               present
               when
               Mr.
               Busby
               said
               Mass
               at
               West-Hallam
               ,
               and
               have
               heard
               and
               seen
               him
               say
               Mass
               several
               days
               in
               his
               Priestly
               Robes
               :
               I
               never
               knew
               any
               other
               Priest
               but
               him
               at
               West-Hallam
               ;
               most
               Sundays
               and
               Holy
               days
               he
               said
               Mass
               ,
               where
               were
               present
               most
               of
               the
               Roman
               Catholicks
               in
               those
               parts
               ;
               I
               have
               heard
               him
               Preach
               three
               times
               ,
               and
               no
               more
               .
            
          
           
             
               Busby
               ,
            
             
               Did
               I
               come
               to
               you
               ,
               or
               you
               to
               me
               ?
            
          
           
             
               Tho.
               Houis
               ,
            
             
               I
               came
               to
               you
               .
            
          
           
             
               Busby
               ,
            
             
               Then
               I
               did
               not
               perswade
               you
               to
               turn
               Catholick
               ,
               you
               was
               satisfied
               upon
               the
               first
               perswasion
               before
               you
               came
               to
               me
               ,
               and
               declared
               you
               would
               turn
               Catholick
               .
            
          
           
             
               Tho.
               Houis
               ,
            
             
               I
               was
               perswaded
               by
               Mr.
               Shirborn
               of
               
                 Standly
                 Grange
              
               ,
               yet
               not
               fully
               convinced
               but
               by
               you
               .
            
          
           
             
               Mr.
               Gilbert
               ,
            
             
               My
               Lord
               ,
               this
               Shirborn
               ,
               he
               speaks
               of
               ,
               was
               one
               Captain
               Shirborn
               a
               great
               Papist
               who
               lived
               near
               me
               ,
               a
               Letter
               Carrier
               (
               as
               was
               reported
               )
               and
               one
               that
               sold
               them
               Books
               and
               Trinkets
               .
            
          
           
             
               Tho.
               Houis
               ,
            
             
               For
               I
               was
               fully
               satisfied
               then
               in
               all
               things
               by
               your
               instructions
               ,
               and
               hearing
               your
               Sermons
               ;
               as
               for
               Mass
               ,
               I
               did
               not
               understand
               it
               ,
               but
               you
               said
               it
               was
               Mass
               ;
               besides
               ,
               others
               called
               it
               so
               .
            
          
           
             
               Busby
               ,
            
             
               How
               can
               you
               swear
               to
               a
               thing
               you
               do
               not
               understand
               ?
            
          
           
             
               Tho.
               Houis
               ,
            
             
               If
               I
               did
               not
               ,
               you
               told
               me
               so
               ,
               and
               I
               believed
               you
               ,
               because
               you
               did
               the
               Office
               of
               a
               Priest
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               It
               seems
               this
               is
               the
               matter
               ,
               you
               courted
               a
               Papist
               for
               your
               wife
               ,
               and
               Busby
               told
               you
               the
               way
               to
               have
               her
               was
               to
               be
               a
               Papist
               ,
               and
               you
               did
               hearken
               to
               Busby
               to
               perswade
               you
               ;
               he
               told
               you
               Matrimony
               was
               a
               Sacrament
               ,
               and
               before
               you
               were
               married
               ,
               you
               must
               be
               Confest
               ,
               and
               have
               Absolution
               ;
               and
               Mr.
               Busby
               ,
               you
               put
               words
               into
               his
               mouth
               to
               desire
               Absolution
               ,
               but
               gave
               it
               in
               such
               language
               as
               he
               understood
               
               not
               ,
               he
               says
               he
               has
               heard
               you
               say
               Mass
               frequently
               :
               But
               Preach
               only
               three
               times
               .
            
          
           
             
               Busby
               ,
            
             
               It
               is
               an
               easie
               matter
               for
               him
               to
               say
               such
               things
               ,
               but
               how
               does
               he
               prove
               it
               to
               be
               Absolution
               of
               Mass
               ,
               when
               he
               says
               he
               understands
               not
               the
               Language
               ?
            
          
           
             
               Tho.
               Houis
               ,
            
             
               My
               Lord
               ,
               I
               have
               not
               only
               been
               present
               at
               that
               which
               they
               call
               their
               Mass
               ,
               but
               I
               have
               also
               received
               the
               Sacrament
               from
               Mr.
               Busby
               then
               ,
               and
               have
               seen
               him
               give
               the
               Sacrament
               to
               divers
               other
               persons
               too
               ,
               and
               besides
               ,
               my
               Lord
               ,
               I
               did
               send
               my
               Eldest
               Child
               to
               the
               Chappel
               at
               
                 Standly
                 Grange
              
               to
               have
               it
               Christened
               by
               Mr.
               Busby
               :
               This
               Woman
               (
               pointing
               to
               
                 Sarah
                 Clark
              
               who
               stood
               by
               )
               carried
               it
               :
               When
               we
               came
               there
               ,
               Dr.
               
                 Richard
                 Needham
              
               (
               who
               lived
               there
               )
               said
               to
               me
               ,
               Are
               you
               the
               Father
               of
               this
               Child
               ,
               I
               answered
               yes
               :
               Then
               says
               Dr.
               Needham
               ,
               you
               ought
               not
               to
               be
               present
               when
               your
               Child
               is
               Christned
               ,
               whereupon
               ,
               my
               Lord
               ,
               I
               went
               into
               a
               corner
               of
               the
               Room
               ,
               but
               could
               perceive
               well
               enough
               what
               was
               done
               ,
               and
               Mr.
               Busby
               did
               Christen
               my
               Child
               ,
               and
               gave
               her
               the
               Name
               of
               Ann
               ,
               Mr.
               
                 Peter
                 Waldron
              
               was
               Godfather
               ,
               and
               Mrs.
               
                 Ann
                 Smally
              
               Godmother
               .
            
          
           
             
               Kings
               Council
               ,
            
             
               We
               shall
               now
               call
               
                 Elizabeth
                 Evans
              
               for
               further
               proof
               of
               Mr.
               
               Busby's
               exercising
               his
               Priestly
               Office
               :
               
                 Who
                 was
                 also
                 Sworn
                 .
              
            
          
           
             
               Bar.
               Street
               ,
            
             
               Come
               good
               Woman
               ,
               what
               can
               you
               say
               of
               the
               Prisoner
               at
               the
               Bar
               ,
               do
               you
               know
               him
               ?
            
          
           
             
               Eliz.
               Evans
               ,
            
             
               Yes
               ,
               I
               know
               the
               Prisoner
               at
               the
               Bar
               ,
               its
               Mr.
               Busby
               ,
               my
               Lord
               ,
               and
               have
               seen
               him
               in
               his
               Priestly
               Habit
               say
               Mass
               ,
               in
               the
               Chappel
               at
               Mr.
               
               Powtrells
               House
               at
               
                 West
                 Hallam
              
               ,
               I
               saw
               him
               Christen
               Henry
               Avery's
               Child
               of
               Stauton
               ,
               I
               was
               Godmother
               to
               the
               Child
               .
               He
               has
               Confest
               me
               several
               times
               ;
               and
               I
               have
               received
               Absolution
               from
               him
               :
               I
               have
               received
               the
               Sacrament
               from
               him
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               What
               was
               it
               he
               gave
               you
               ,
               when
               you
               received
               the
               Sacrament
               from
               him
               ?
            
          
           
             
               Eliz.
               Evans
               ,
            
             
               I
               know
               not
               what
               it
               was
               Mr.
               Busby
               gave
               me
               .
            
             
               
               
                 Then
                 the
                 Waffers
                 were
                 called
                 for
                 ;
                 they
                 were
                 of
                 several
                 sizes
                 in
                 a
                 Box.
                 
              
            
             
               And
               being
               shewed
               to
               her
               ,
               she
               said
               ,
               yes
               my
               Lord
               ,
               these
               are
               what
               he
               gave
               us
               at
               Mass
               for
               the
               Sacrament
               ;
               I
               remember
               them
               ,
               they
               were
               just
               such
               .
            
          
           
             
               Busby
               ,
            
             
               Waffers
               are
               things
               usually
               put
               under
               Biskets
               and
               Macaroons
               ,
               therefore
               how
               can
               she
               say
               those
               are
               the
               Sacrament
               ,
               for
               they
               are
               what
               I
               have
               seen
               given
               to
               Children
               to
               eat
               and
               to
               play
               withal
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               They
               are
               things
               indeed
               to
               give
               to
               Children
               .
            
          
           
             
               Kings
               Coun.
               
            
             
               Pray
               call
               
                 Dorothy
                 Saunders
              
               .
            
          
           
             who
             appeared
             ,
             and
             was
             Sworn
             .
          
           
             
               Bar.
               Street
               ,
            
             
               Well
               
                 Dorothy
                 Sanders
              
               ,
               what
               say
               you
               ?
            
          
           
             
               Dorothy
               Saunders
               ,
            
             
               He
               has
               several
               times
               absolved
               me
               ,
               and
               given
               me
               the
               Sacrament
               ,
               and
               has
               said
               Mass
               ,
               where
               the
               company
               were
               sometimes
               more
               ,
               and
               sometimes
               less
               ;
               
                 and
                 having
                 a
                 Waffer
                 given
                 her
                 into
                 her
                 hand
              
               and
               he
               held
               up
               the
               Waffer
               thus
               
                 and
                 shewed
                 the
                 Court
                 and
                 the
                 Jury
                 the
                 manner
                 of
                 his
                 Elevation
                 of
                 the
                 Host
              
               and
               being
               asked
               by
               the
               Judge
               whether
               she
               knew
               Priestly
               Vestments
               ?
               
                 Answered
              
            
          
           
             
               Dorothy
               Saunders
               ,
            
             
               Yes
               I
               know
               Priestly
               Vestments
               when
               I
               see
               them
               
                 which
                 being
                 shewed
                 to
                 her
              
               she
               said
               she
               had
               seen
               Busby
               in
               some
               of
               them
               ;
               but
               for
               his
               Christning
               of
               Children
               ,
               I
               know
               nothing
               of
               that
               .
            
          
           
             
               Busby
               ,
            
             
               Is
               that
               the
               Sacrament
               ?
               Those
               Waffers
               in
               the
               Box
               ,
               is
               that
               the
               Sacrament
               ?
            
          
           
             
               D.
               Saunders
               ,
            
             
               We
               took
               it
               at
               your
               hands
               for
               the
               Sacrament
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               Mr.
               Busby
               you
               are
               so
               Impertinent
               in
               your
               Questions
               ,
               you
               think
               you
               have
               weak
               persons
               to
               deal
               with
               ,
               I
               hope
               the
               Jury
               will
               take
               notice
               of
               it
               .
            
          
           
             
               Kings
               Council
               ,
            
             
               Call
               
                 Sarah
                 Clark.
              
               
            
          
           
             who
             appeared
             and
             was
             Sworn
             .
          
           
             
               Bar.
               Street
               ,
            
             
               
                 Sarah
                 Clark
              
               ,
               have
               you
               heard
               Mr.
               Busby
               say
               Mass
               ?
            
          
           
             
               Sa.
               Clark
               ,
            
             
               Yes
               my
               Lord
               ,
               that
               which
               he
               told
               us
               was
               
               Mass
               ,
               but
               I
               did
               not
               understand
               it
               ,
               for
               it
               was
               in
               another
               tongue
               ,
               which
               they
               said
               was
               Latin.
               
            
          
           
             
               Bar.
               Street
               ,
            
             
               But
               had
               he
               his
               Vestments
               on
               ,
               or
               how
               was
               it
               ,
               tell
               us
               good
               Woman
               ?
            
          
           
             
               S.
               Clark
               ,
            
             
               Yes
               ,
               my
               Lord
               ,
               he
               had
               Vestments
               on
               ,
               and
               he
               did
               then
               give
               us
               the
               Sacrament
               as
               he
               called
               it
               ,
               which
               was
               a
               Wafer
               ,
               and
               that
               he
               put
               into
               our
               mouths
               after
               that
               he
               had
               Elevated
               the
               Host
               :
               And
               he
               himself
               told
               me
               it
               was
               the
               Sacrament
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               Well
               and
               have
               you
               made
               Confession
               to
               him
               ,
               and
               has
               he
               Absolved
               you
               after
               you
               have
               done
               so
               ?
            
          
           
             
               S.
               Clark
               ,
            
             
               I
               have
               been
               at
               Confession
               before
               him
               upon
               my
               knees
               ,
               and
               when
               I
               had
               done
               he
               spoke
               something
               to
               me
               in
               Latin
               (
               as
               I
               think
               )
               which
               he
               said
               was
               Absolution
               ,
               and
               I
               did
               take
               it
               to
               be
               so
               ,
               and
               I
               have
               sometimes
               my
               Lord
               ,
               heard
               him
               Preach
               ,
               and
               that
               I
               understood
               ,
               because
               it
               was
               in
               English
               .
               He
               told
               me
               what
               Absolution
               was
               ,
               and
               the
               Mass
               ,
               and
               the
               same
               was
               to
               be
               read
               in
               English
               ,
               and
               those
               that
               could
               read
               ,
               at
               those
               times
               said
               the
               same
               .
            
          
           
             
               Bar.
               Street
               ,
            
             
               Several
               Witnesses
               have
               spoken
               closely
               that
               he
               has
               exercised
               his
               Office
               in
               all
               things
               as
               a
               Priest
               ,
               have
               you
               known
               him
               marry
               any
               Body
               ,
               and
               Christen
               Children
               ,
               if
               you
               have
               speak
               ?
            
          
           
             
               S.
               Clark
               ,
            
             
               My
               Lord
               ,
               he
               did
               not
               marry
               me
               ,
               one
               Mr.
               Gavan
               married
               me
               ,
               but
               I
               have
               heard
               that
               he
               did
               marry
               
                 Thomas
                 Houis
              
               ,
               and
               I
               am
               sure
               he
               did
               Christen
               
                 Thomas
                 Houis
              
               his
               First
               Child
               ,
               for
               I
               carried
               it
               to
               him
               ,
               and
               Mr.
               Waldron
               ,
               and
               Mrs.
               
                 Ann
                 Smally
              
               were
               Godfather
               and
               Godmother
               ,
               and
               he
               did
               name
               it
               Ann
               ;
               it
               was
               Christened
               at
               
                 Standly
                 Grange
              
               at
               Dr.
               Needhams
               House
               ,
               and
               several
               others
               were
               there
               at
               the
               same
               time
               ,
               and
               afterwards
               I
               brought
               it
               home
               .
            
          
           
             
               Busby
               ,
            
             
               How
               do
               you
               know
               it
               to
               be
               Mass
               and
               Absolution
               ,
               when
               you
               say
               you
               do
               not
               understand
               the
               Language
               I
               spoke
               in
               ?
            
          
           
             
               S.
               Clark
               ,
            
             
               Though
               I
               did
               not
               understand
               what
               you
               said
               ,
               you
               told
               me
               what
               every
               thing
               meaned
               ,
               and
               I
               did
               believe
               you
               ,
               because
               others
               told
               me
               so
               too
               ;
               besides
               all
               Papists
               thought
               it
               their
               duty
               (
               as
               you
               told
               us
               )
               to
               be
               there
               all
               Holy
               days
               and
               Sundays
               ,
               to
               prevent
               a
               Venial
               Sin
               ,
               which
               if
               we
               omitted
               we
               were
               lyable
               to
               Pennance
               .
            
          
           
             
             
               Mr.
               Gilbert
               ,
            
             
               My
               Lord
               ,
               We
               have
               three
               or
               four
               more
               Witnesses
               ,
               but
               we
               are
               loath
               to
               trouble
               your
               Lordship
               and
               the
               Court
               with
               any
               further
               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
               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
               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
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A63144-e190
           
             Derb.
             ss
             .