Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n justice_n lord_n thomas_n 3,038 5 8.3600 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

of him He hears Busby preach three times and heard him say Mass several times and was not only married by him but has been Confess'd and Absolved by him divers times But Busby's fallacious Argument has no weight in it That because he understands not Latine therefore he proves it not Mass nor other Services of the Church of Rome Dorothy Saunders speaks to the same purpose That he Confess'd and Absolved her And she tells you That she has seen him elevate the Host and has shewed you the manner how and he gave her the Sacrament which she and the rest took from him as the Sacrament And that she has seen him officiate in some of the Robes produced in Court Sarah Clark speaks to the same purpose and so did Elizabeth Evans But Busby says Because this was done in an unknown Tongue they cannot swear it and that he is no Priest because they do not swear where and when he received his Orders Whoever does exercise that Profession we do believe him of that Church When a Minister of our Church preaches or officiates we do not say Pray let us see your Orders first but if he officiate usually as a Priest 't is taken for granted that he is one He can tell where he received his Orders but it may be cannot produce them upon all occasions Must he therefore be no Priest Upon the whole if you believe the Witnesses or any two of them you are to find the Prisoner Guilty I believe you have had full Evidence go together and consider of it The Jury went forth and after a short stay came back into the Court. And then Clerk Gentlemen of the Jury Have you agreed on your Verdict Jury Yes Clerk Who shall say for you Jury The Fore-man Clerk George Busby Hold up thy Hand Look upon the Prisoner Clerk Do you find George Busby Guilty of the High Treason and Felony he hath been Arraigned of or not Guilty Fore-man Guilty Clerk And so you say all Jury Yes Clerk Look to him Jailor Bar. Street Though I must pass Sentence upon you of Course the Jury having found you Guilty yet I must tell you That His Majesty hath Commanded me to Reprieve you from Execution Then Mr. Bar. Street passed Sentence Bar. Street That you the Prisoner now at the Bar be conveyed hence to the place from whence you came and that you be conveyed thence on a Hurdle to the Place of Execution where you are to be hanged by the Neck that you be cut down alive that your Privy Members be cut off your Bowels taken out and burnt in your view that your Head be severed from your Body that your Body be divided into four Quarters which are to be disposed of at the Kings pleasure And God of his infinite mercy have mercy upon your Soul To the Right Honourable the Lords Commissioners of the Treasury WHere is His Majesty by Royal Proclamation dated the 12th day of November 1679 was graciously pleased to promise and add to the reward of Twenty pounds the sum of Fourscore pound● more in all One hundred pounds to any person who should discover and apprehend any Popish Priest or Jesuit And His Majesty doth appoint by the said Proclamation the Lords Commissioners of the Treasury or the Lord High Treasurer of England to pay the same accordingly without delay or abatement as in and by the said Proclamation at large it doth appear Now know all whom it may concern That at the Assizes and General Goal Delivery of Our Soveraign Lord the King held at Derby on Monday the 25th of July last past in and for the said County before us Sir Edward Atkyns Knight and Sir Thomas Street Knight Justices of Assizes and other the Justices of Our said Soveraign Lord the King for the said County That George Busby Clerk was indicted for that he the said George Busby being a subject of Our Sovereign Lord the King born in the Kingdom of England and a Priest ordained by Authority derived from the See of Rome continued in England against the Statute in that case made and provided Upon which it was then and there fully proved that the said George Busby was both a Priest and Jesuit Whereupon he was legally convicted and attainted of High Treason as in and by the Record of the same may fully appear These are therefore humbly to certifie That it likewise appeared to the said Court then and there that Henry Gilbert Esq one of His Majesties Justices of the Peace for the said County of Derby was the person that did discover and apprehend him the said George Busby for the Felonies and Treason aforesaid In witness whereof and at the request of the said Henry Gilbert that he may receive the said reward of One hundred pounds pursuant to His Majesties said gracious Proclamation we have hereunto set our hands this 27th day of July in the Three and thirtieth year of the Reign of Our Soveraign Lord King Charles the Second over England c. Annoque Dom. 1681. Edward Atkyns Thomas Street FINIS Derb. ss
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