Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n dominion_n king_n realm_n 2,522 5 8.0894 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63144 The tryal and condemnation of George Busby for high-treason as a Romish priest and Jesuite, upon the statute of 27 Eliz., Cap.2, at the assizes and general goal-delivery held at Derby, for the county of Derby, the 25th day of July, in the 33th year of the reign of our Soveraign Lord King Charles the Second, &c : before the Honourable Sir Thomas Street, Knight, one of the barons of His Majesties exchequer / as it was faithfully taken, by a person of quality. Busby, George, 1638-1695, defendant.; Person of quality.; England and Wales. Court of Quarter Sessions of the Peace (Derby) 1681 (1681) Wing T2142; ESTC R28367 26,523 42

There are 2 snippets containing the selected quad. | View lemmatised text

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
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.