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mass, preach, pray, and have seen ten, twenty, | little joyed; but after this they went immedior thirty or more at a time before him in the ately beyond sea, and took him with them, chapel there, when he hath officiated with his where his mother continued several years and priestly robes upon him; and likewise seen had several children there, the which I have children brought to be christened by him, heard him say of himself, and of her being at others to be catechised; which he frequently Brussels. did, as if he had been a parish priest, but with Baron Street. Mr. Busby, the evidence what privacy be could! And I myself have says, that you told a story of your mother's taken care of the doors at such times, which house being plundered, and how you hid yourcare they left to me, though I was not of their self in the curtains when you was two years opinion ; yet upon my promising to be so, they old, and in the garden-hedge, when five years did repose that trust and confidence in me. old, for fear of the soldiers, and that soon after
Baron Street. Tell us what you know con- your mother went beyond sea, where she had cerning Mr. Busby's being an alien, as he several children, which yourself told from pretends, which I cannot believe.
your own mouth, and he had it not from other Dudley. He tells you, that when the civil people. wars were here in England, his father and mo- Baron Street. But, Mr. Dudley, What can ther, with their family, went beyond sea, you say as to his being a priest or jesuit ? where he was born; but my lord, in discours- Dudley. My lord, my master and his family, ing with my master and others of the late wars, and all papists that were acquainted with him, I have heard Mr. Busby relate what happen- ever owned him to be a jesuit; and several of ed to their family in those times, and that their them have many times told me so : Besides house was often plundered, and his father and he himself has owned that he was of the sociemother living at Coddington in Oxfordshire (as ty of Jesus, particularly one time, when I he tells you) the first time the soldiers came to should have been his convert ; telling me, plunder the house, he was about two years old while I was out of the true faith, I could not or more, and being frighted at the soldiers, he be saved ; and there was no way to be saved, hid himself behind the bed in the curtains, so but by believing the catholic church, which that while they were there, none of the house was the Roman catholic, as tradition makes knew where to find him, which made them appear ; for God help me, I was a poor heretic, believe that the soldiers had taken him, or made and led by weak and blind pastors; for they him away; but when the soldiers were gone, had their religion only from Calvin and Luther, his mother and some of the family larenting and every silly fellow
was made now a preacher for him in her chamber, he hearing them, ap- of the gospel, before he understood it; but that peared ; so that with great joy they received be and all jesuits were fifteen years labouring him. My lord, I think the place was Cod in their studies and degrees, before they came dington, where he tells you his mother lived, to be ordained. and that it was her's, she being an heiress. At Busby. I pray you, where and when was it I least I am very certain I have heard him speak said all this to you ? of the place where he was born, to be in or Dudley. In the gardens at West-Hallam, abont Oxfordshire, I think it was Coddington ; where my master Mr. William Powtrel and for it is the place where Mr. Charles Busby Mrs. Anne Smalley, after great persuasions, his eldest brother now liveth, and he saith, sent me to you; and told me they had sent that from thence his father and mother went you before ; and that I should find you there, beyond sea.
where I did. And your first discourse was of Busby. When did you hear me discourse the gardens, withal giving me a description of any such thing as you have related, and with the jesuit's college in Liege, where you did whom; you speak this by hearsay, do you (as I remember) own your receiving orders.
Besides, I have heard my master, Mrs. SmalDudley. Several times with my master and ley, Mrs. Winifrid Attwood, and George Harothers, as I said before, when they have been rison (who lived in the colleges beyond sea) talking how some families have been ruined by own it. And yourself said, That Mr. Evers, the great oppressions of those times, some my lord Aston's priest (who bad been with you being plundered, others sequestered, and forced at West-Hallam) was your master and tutor, to leave their estates and friends, which you when, as I think, you were a scholar at St. hare said was your mother's case ; for their Omer's. great sufferings forced them to go from their Busby. How long do you say you have lived own house: And, my lord, when he was about at West-Hallam ? five years old, he did also say, that he could re- Dudley. Betwixt six and seven years. member soldiers coming again to plunder, and Busby. When was that I talked of the garhe being at that time in the garden or orchard, dens at the college of Liege ? And whether I he did hide himself in the hedge, where he did told you I was a jesuit when I spoke of Liege continue till they were gone, and then he came gardens ? What time was it, what year ? forth when it was late in the evening ; but his Dudley. I cannot say the time, but it was mother nor any of the family knowing where since I lived at Hallam, and it was when you he was, did very much fear they had lost him; persuaded me to be a Catholic. but when he came to them, they were not a Busby. You take a compass of six years,
say so ?
this is a mere story. Pray, what were my ar
you, and did then use all the persuading means guments ?
that might be to confirm me in your opinion ; Baron Street. You were about to convert in which I seemed so well satisfied, that you him, and then you told him this ; it is enough told me you would leave me to consider of it; you have endeavoured to make him change his but that I ought to forsake my friends, and religion ; but it seems your arguments were whatever else, to come to God Almighty, of not of so much weight as to be remembered.
you did not doubt; but bid me be careBusby. I pray you, was I ever with you ful, for delays are dangerous : and, my lord, alone to tell
I was a jesuit? Let me know as to his being a jesuit, he did own it when my the year and time, and what induced me to master was committed to prison for refusing
the oaths of supremacy and allegiance ; (for Dudley. I cannot satisfy you when the dis- he was then private at West-Hallam), withal course was; but I have been alone with you saying, in his conscience he ought not to take in the garden a hundred times and more; them, for their church would not allow it, but when you did satisfy me that you was a jesuit, on the contrary did expressly forbid it: neverwas the time when you did move me to be of theless Mrs. Powtrel, Mr. William Powtrel, your persuasion ; the wbich I did so far con- and divers of the family did argue for his so descend to, that ever since there was none of doing, especially after Mr. Thomas Capnynge the family more trusted than I ; for, my lord, came from St. Thomas, in Staffordshire, and I did give them all the assurance that might be said, that his uncle Fowler, he, and all belong. of being of your religion ; but the times being ing to him, had taken the oath of allegiance : troublesome, and the fear of disobliging my and that it was the opinion, and with the confriends, particularly one or two, who had the sent of Mr. Fitter, their priest, that they might care and management of a house of mine do it; and for that reason Mr. Candynge came (which was then in trouble) then I durst not to advise my master the like: but Mr. Busby consent, yet my seeming inclination did ever did reject the motion, and said, no secular much please them, and they did so far credit priest could give leave so to do, and for his me that my master did intend (as he told me) part he was absolutely against it, and so was to take me beyond sea with him ; nor did í all the society : but if seculars gave too much know the contrary, till I was upon the road liberty, he would not be guilty of their fault ; for Dover, and then he told me that his uncle so when all would not prevail with him, then Busby was inserted in the pass (by the name Mrs. Powtrel and I went to Mr. William Brent, of Thomas Jackson) which he shewed me; at Fox-Coat in Warwickshire, her grandfather, but he having no mind to go, stayed in Eng- and Mr. Busby's father-in-law, a counsellor, land, (and for the most part at Hallam) so that to have his advice; and upon his writing my master commanded me back, to look after several letters to my master, and Mr. Busby, biš affairs there : and for some time before he that it was proper for my master so to do, nor was to return, he said he would send for me could he avoid it; then in compliance to Mr.
Ever since he left Hallam Mr. Busby Brent, he did not much oppose the taking of hath continued privately there, for none be- the oáth of allegiance : and those letters, the sides Mr. George Brent and myself, and the next night after Mr. Gilbert had taken Mr. women of the house, were suffered to know of Busby, Mrs. Smalley (for fear he should find him ; nay, some of his relations who have them) did burn, but shewed them to me as she lain in the house, have not known but that he was looking over many papers more, the most was beyond sea, though they were papists, of which she did likewise burn. yet he would not suffer them, but concealed Mr. Gilbert. For your lordships and the himself.
jury's further confirmation that the prisoner is Busby. I pray, will you tell me what day, a jesuit as well as a priest, and that he held a month, or year it was, you and I had this dis- dangerous correspondence with some of his course you speak of; and tell me how it came order, which have been executed for their treathat I was so familiar with you ?
sons in relation to the Plot, I must acquaint Baron Street. What need you impose it your lordship, that this Busby was procurator upon him, when he saith he hath lived with for the jesuits, and that he received the rents of you six years and more? He cannot remember their lands, from 1673 till 1677, and that he it; but he tells you, that it was in the garden, disbursed and returned several great sums of where he has been with you a hundred times money to divers jesuits, as may appear by and more, not thinking fürther of it; it is im letters, and his account-book, which I took, possible to satisfy, you the particular time: where may be seen what dealings and transactherefore why do you ask him such a foolish tions he bad with Gawen, Harcourt, Turner, question ?
Ireland, Pool, Bennet, Heaton, Tomson, and Busby. I desire you will let me know how others of his tribe : he could not deny it to be you (as you pretend) come to know I was a his own hand-writing. My lord, here is the jesuit.
book. (Which was presented to the judge, Dudley. Sir, it is what you know to be truth, and perused by him.) Then Mr. Gilbert proand I am sure you cannot but remember, it was ceeded. My lord, Veid also search at Westin the walk at the head of the orchard, where Hallam house for popish priestly garments you was before me expecting my coming to (being well informed that there were such in
the house), and found divers suits of vest- Houis. For 1 was fully satisfied then in all ments, and other popish trinkets, which I things by your instructions, and hearing your brought away, together with those 1 formerly sermons ; as for mass, I did not understand it ; sent back from the last assizes ; all which I but you said it was mass; besides, others called have ready in Court to be produced, and have it so. also a minister here (wbo has formerly been a Busby. How can you swear to a thing you popish priest himself, to inform your lordship do not understand? the names and use of all the particulars ; here Houis. If I did not, you told me so, and I are also, my lord, a box of wafers, which Í sup- believed you, because you did the office of a pose they use for the sacrament at the mass ; priest. the larger sort, I am told, are for the priests Baron Street. It seems this is the matter, you use, the lesser for the people ; and here are courted a papist for your wife, and Busby told the wafer-irons which made them. Mr. Shep- you the way to have her was to be a papist, and pey, pray tell my lord and the jury the names you did bearken to Busby to persuade you; he of all those things, and how the priest used told you matrimony was a sacrament, and bethem at mass.
fore you were married, you must be confessed, Mr. Sheppey taking up the things, said, My and have absolution; and Mr. Busby, you put lord, this is a vestment, used when the mass is words into his mouth to desire absolution ; but said ; this is a stole, and this is a maniple, and gave it in such language as he understood not: this an Antipendiana : And so gave an account He says, he bas heard you say mass frequentof the rest of the trinkets.
ly; but preach only three times. Then Thomas Houis was called and sworn. Busby. It is an easy matter for him to say
Baron Street. What can you say, friend, of such things, but how does he prove it to be abthe prisoner ? See if you know him, look upon solution or mass, when he says he understands
not the language ? Houis. I know him well enough, he persuaded Houis. My lord, I have not only been preme to be a Roman catholic, when I was about sent at that which they call their mass, but I to marry a man's daugliter that was a papist : have also received the sacrament from Mr. whom I could not have, until I turned to their Busby then, and have seen him give the sareligion. Mr. Busby persuaded me, and crament to divers other persons too; and bewhen he had converted me, bound me to be- sides, my lord, I did send my eldest child to the lieve that matrimony was a sacrament: he gave chapel at Standly Grange, to have it christened me absolution, and made me do penance; the by Mr. Busby ; this woman (pointing to Sarah words of the absolution I cannot pronounce, Clark, who stood by) carried it: When we came but I have been several times at mass when he there, Dr. Richard Needham (who lived there) said it, when I had absolution from him ; after said to me, are you the father of this child ? confession I was to say these words.
answered, yes: Then, says Dr. Needham, * For all which, and whatever else I cannot you ought not to be present when your child is at this present call to mind, I am heartily christened : Whereupon, my lord, I went into sorry for, the love of God; and purpose by a corner of the room, but could perceive well • God's grace to amend, beseeching you, my enough what was done, and Mr. Busby did 'ghostly father, to pray to God for me, and to christen my child, and gave her the name of 'give me absolution and penance. Afterward Anne, Mr. Peter Waldron was godfather, and you know you married me, and I was cited to Mrs. Anne Smalley godmother. Lichfield-court for being married privately by King's Counsel. We shall now call Elizabeth you. My lord, I have been present when Mr. Evans for further proof of Mr. Bushy's exereisBusby said mass at West-Hallam, and have ing his priestly office : (Who was also sworn.) heard and seen him say mass several days in Bar. Street. Come, good woman, what can his priestly robes : I never knew any other you say of the prisoner at the bar, do you priest but him at West-Hallam ; most Sundays know bim ? and holydays he said mass, where were present Eliz. Evans. Yes, I know the prisoner at most of the Roman catholics in those parts ; I the bar, it is Mr. Busby, my lord, and have have heard him preach three times, and no more. seen him in his priestly habit say mass in the
Busby. Did I come to you or you to me? chapel at Mr. Powtrel's house at West-Hala Houis. I came to you.
lam; I saw him christen Henry Avery's Busby. Then I did not persuade you to turn child of Stauton, I was godmother to the child : catholic, you was satisfied upon the first persua- He bas confessed me several times; and I sion before you came to me, you declared you have received absolution from him: I have rewould turn catholic.
ceived the sacrament from him? Houis. I was persuaded by Mr. Shirborn of Bar. Street. Wbat was it he gave you, when Stanly-Grange, yet not fully convinced but by you received the sacrament from him. you.
Eliz. Evans. I know not what it was Mr. Mr. Gilbert. My lord, this Shirborn he speaks Busby gave me. of, was one captain Shirborn a great papist, (Then the wafers were called for, they who lived near me, a letter-carrier (as was re- were of several sizes in the box. And being ported) and one that sold them books and trin- shewed to her, she said, yes, my lord, kets.
these are what he gave us at mass for the sa
crament : I remember them, they were just | any body, and christen children ; if you hate, such.
speak ? Busby. Wafers are things usually put under Su. Clark. My Lord, he did not marry me, biskets and macaroons; therefore how can one Mr. Gavan married me; but I have heard she say those are the sacrament, for they are that he did marry Thomas Houis, and I am what I have seen given to children to eat and sure he did christen Thomas Houis his first play withal.
child, for I carried it to him, and Mr. Waldron, Bar. Street. They are things indeed to give and Mrs. Anne Smalley were godfather and godto children.
mother, and he did name it Anne; it was King's Counsel. Pray call Dorothy Saunders christened at Standly Grange, at Dr. Needham's (who appeared, and was sworn.)
house, and several others were there at the Bar. Street. Well, Dorothy Saunders, what same time, and afterwards I brought it home. say you?
Busby. How do you know it to be mass and Dor. Saunders. He bas several times ab. absolution, when you say you do not understand solved me, and given me the sacrament, and the language I spoke in ? has said mass, where the company were some- Sa. Clark. Though I did not understand times more, and sometimes less ; (and baving a what you said, you told me what every thing wafer given her into her hand) and he held up meaned, and I did believe you, because others the water thus, (and shewed the court and the told me so too; besides, all papists thought it jury the manner of his elevation of the host.) their duty (as you told us) to be be there holy; And being asked by the judge, whether she days and Sundays, to prevent a venal sin, which knew priestly vestments ? (auswered)
if we omitted we were liable to penance. Dor. Suunders. Yes; I know priestly vest- Mr. Gilbert. My lord, we have three or ments when I see them ; (which being shewed four more witnesses, but we are loth to trouble to her) she said, she had seen Busby in some your lordship and the court with any further of them ; but for his christening of children, I testimony of this nature; hoping the matter of know nothing of that.
the indictment has been fully proved against Busby. Is that the sacrament ? Those wafers the prisoner; and if your lordship please we in the box, is that the sacrament?
will rest here. Dor. Saunders. We took it at your hands for Baron Street. I suppose the jury will believe the sacrament.
there has been sufficient evidence given to conBaron Street. Mr. Busby, you are so imperti vict him ;, but Mr. Busby, what can you say uent in your questions, you think you have for yourself? weak persons
to deal with ; I hope the jury Busby. Joseph Dudley tells your lordship will take notice of it.
how I should tell a childish story of hiding my King's Counsel. Call Sarah Clark. (Who self in the curtains, when I was two years old ; appeared, and was sworn.)
pray, my lord, consider how I could remember Baron Street. Sarah Clark, have you heard what I did at two years old ; I know not how I Mr. Busby say mass ?
could. I have told your lordship I was born Sa. Clark. Yes, my lord, that which he beyond sea, I am sure I was bred there; 1 told us was mass, but I did not understand it, hope your lordship will not take notice of an for it was in another tongue, which they said hear-say; my mother went beyond sea at the was Latin.
begining of the troubles, not after, it was before Baron Street. But had he his vestments on Edge-hill fight. As to what Houis says, he or how was it, tell us, good woman?
bimself does acknowledge, that he does not Sa. Clark. Yes, my lord, he had vestments understand what language I absolved him in, on, and he did then give us the sacrament, as nor the language of the mass, and therefore he he called it, which was a wafer, and that he cannot swear to it; and for ought I know, as put into our mouths after that he had elevated to his being married, it was in a privileged place the host : and he himself told me it was the and could not be cited to Litchfield-court; and
for what the other witnesses say, their evidence Baron Street. Well, and have you made is only that they heard something read in an confession to him, and has he absolved you after unknown language, usually women pray in an you have done so ?
unknown language, and those public prayers Sa. Clark. I have been at confession, before were only family-duties; they swear not what him, upon my knees, and when I had done, be it was, because they understand it not. spoke something to me in Latin (as I think) Baron Street. I believe not one in a hundred which he said was absolution, and I did take understands your prayers that hear them ; else to be so; and I have sometimes, my lord, they would not be so juggled by you. beard him preach, and that I understood, be- Busby. There are vespers and mattins, and cause it was in English. He told me what ab- evensong; he does not distinguish what it was solution was, and ihe mass, and
the same was that was said, by reason it was an unknown to be read in English, and those that could read, language to him
; it was only family-duty. I at those times, said the same. Baron Street. Several witnesses have spoken do family-duty in an unknown language.
can produce a witness to prove it, that women closely, that he has exercised his office in all Baron
Street. I know women do not officiate things as a priest : have you known bim marry in your church,
Busby. He swears, my lord, to what he does Baron Street. That does not signify any not understand. As for Elizabeth Evans, she thing at all; that affidavit cannot be allowed, swears concerning saying mass, and understands for he might be born there, and yet not regisnot one service from another, and this proves tered; but what makes you say we? what not particularly my priestly office.
makes you concerned? Baron Street. Mr. Busby, you forget chris- Umphrevill. I say we, because I was one of tening Avery's child, and Houis's child, con- those employed to get Mr. Busby's Habeas fessing and absolving divers persons, the mate- Corpus. (Upon Mr. Umphreyill's being at a rial evidenceyou only offer some little diver- stand, and Busby directing him to tell what he sious.
had seen beyond sea, the judge taking notice Busby. Dorothy Saunders knows not what thereof said,) she swears, nor Sarah Ciark; none of the wit- Baron Street. What would you have him Resses can distinguish one service from another; say, Mr. Busby? Tell bim. they cannot therefore swear what was, and Umphrerill. I have seen canons beyond sea what was not; giving of bread is not the priest wear such vestments that are not in orders; I ly office, they do not swear positively to my have seen children wear them, and they, I am exercising the priestly office, other persons sure, are not in orders. wear those garments as well as priests: those Busby. I call Mr. Mayo to prove that I am things are monuments and heyre-loomes to the not a natural-born subject of the king's. family, they were taken out of churches in for- Baron Strect. Come, sir, though you are not mer times at the Reformation: there are now upon your oath, yet you must tell us the truth to be seen in the cathedral at York, church- as faithfully as if you were. stuff and vestments, which are kept for anti- Muyo. I bave searched the register at Colquity, and so were these.
dington, and I do not find George Busby's Baron Street. Mr. Sheppy has been a priest, name, the prisoner, registered; I have searchand he knows the use of those things as well as ed all the books, and I find no register of him. you.
Baron Street. An hundred children may be Busby. My lord, those things laymen do born in that parish within these 20 years, and wear as well as priests, I desire to call a wit- not registered; all that are baptized, are regis, ness to prove it.
tered only: Baron Street. You
Busby. Mr. Mayo, satisfy my lord of the diswhat purpose ?
appointment I had of my Habeas Corpus, which Busby. Pray call Robert Needham. (Who you got for me. was called and appeared.)
Baron Street. To what purpose
sc? but Mr. Baron Street. Well, Needham, do you know Busby you shall not say but I will hear him : these things? (the vestments being shewn unto What say you, Mayo?" hin.)
Moyo. My lord, I was employed about an Needham. I have had these things on my- Habeas Corpus for Mr. Busby in Easter Term self, my lord, and have said my prayers in them, last, and did obtain one for him then, but by and have thought my prayers more acceptable reason of some slackness it was presently out of when I had them on; and I have seen them date, and so became ineffectual. Also in Triusel by others several times.
nity Terin, I procured another Habeas Corpus Busby. More wear them that are laymen, for bin., which was delivered to the under shethan such as are priests.
riff of this county of Derby, who was then very Baron Street, Needham, it seems you wore sick at London, of which sickness he died there them whilst you said your prayers, that they at last, and that Habeas Corpus, for that reamight be more acceptable ?
son, did likewise fall short; by which disapNecdham. Such like vestments are worn by pointments Mr. Busby is not so prepared for Jaymen in several places.
his trial at this time as otherwise he might, if 'Busby. I desire one Mr. Charles Umphrevill he had not really depended upon his being remay be called, to speak to my being an alien moved to London by Habeas Corpus. born. (Who being called for the prisoner was
Baron Street. All this is too little to the purnot sworn.)
pose ; for if he expected to have had bis trial Umphrevill
. To Mr. Busby's being an alien, there, and was prepared for it a term or two I have known Mr. Busby several years, and I ago, how comes it to pass he is not prepared have heard his niother and brother affirm he now ? Come, come, Mr. Busby, what can you was born at Brussels : and I have an affidavit say more ? kom the register at Coddington of all their Busby. I could not be born at Coddington, I children born in England, and we do not find was born beyond sea, out of the kingilom. My Mr. George Busby's name in the register. Jord, here is not one word proved of the sub
Baron Street. How can you be sure of that? stance of the indictment, not a word proved You ought to have brought the man along with that I took orders beyond sea, nor here, from you to testify it.
any person that saw me take orders ; not a Umphrevil. My lord, the sexton is an old word of that proved ; nor not a word of the man, above sixty years of age, and could not substance of that statute of queen Elizabeth, come ; but he made affidarų of it, which is which I am indicted upon ; only some few here.
women say they heard me pray in an unknown VOL. VIII,