mass, preach, pray, and have seen ten, twenty, or thirty or more at a time before him in the chapel there, when he hath officiated with his priestly robes upon him; and likewise 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 myself 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.

Baron Street. Tell us what you know concerning Mr. Busby's being an alien, as he pretends, which I cannot believe.

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 happened 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 soldiers came to plunder the house, he was about two years old or more, and being frighted at the soldiers, 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 soldiers 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, appeared; 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 her's, 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 hearsay, do you

not?

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 sequestered, and forced to leave their estates and friends, which you have said was your mother's 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 soldiers 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 joyed; but after this they went immediately beyond sea, and took him with them, where his mother continued several years and had several children there, the which I have heard him say of himself, and of her being at Brussels.

Baron Street. Mr. Busby, the evidence says, that you told a story of your mother's house being plundered, and how you hid yourself in the curtains when you was two years old, and in the garden-hedge, when five years old, for fear of the soldiers, and that soon after your mother went beyond sea, where she had several children, which yourself told from your own mouth, and he had it not from other people.

Baron Street. But, Mr. Dudley, What can you say as to his being a priest or jesuit?

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 has 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 catholic church, which was the Roman catholic, as tradition makes appear; for God help me, I was a poor heretic, 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?

there,

Dudley. In the gardens at West-Hallam, where my master Mr. William Powtrel and Mrs. Anne Smalley, after great persuasions, sent me to you; and told me they had sent you before; and that I should find you where I did. And your first discourse was of the gardens, withal giving me a description of the jesuit's college in Liege, where you did (as I remember) own your receiving orders. Besides, I have heard my master, Mrs. Smalley, Mrs. Winifrid Attwood, and George Harrison (who lived in the colleges beyond sea) own it. And yourself said, That Mr. Evers, my lord Aston's priest (who had been with you at West-Hallam) was your master and tutor, when, as I think, you were a scholar at St. Omer's.

Busby. How long do you say you have lived at West-Hallam ?

Dudley. Betwixt six and seven years. Busby. When was that I talked of the gardens at the college of Liege? And whether I told you I was a jesuit when I spoke of Liege gardens? What time was it, what year?

Dudley. I cannot say the time, but it was since I lived at Hallam, and it was when you persuaded me to be a Catholic.

Busby. You take a compass of six years,

this is a mere story. Pray, what were my arguments?

Baron Street. You were about to convert him, and then you told him this; it 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 remembered.

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 ?

Dudley. I cannot satisfy you when the discourse was; but I have been alone with you in the garden a hundred times and more; when you did satisfy me that you was a jesuit, was the time when you did move me to be of your persuasion; the which I did so far condescend to, that ever since there was none of the family more trusted than I; for, my lord, I did give them all the assurance that might be of being of your 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) then I durst not consent, yet my seeming inclination did ever 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 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 myself, 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?

Baron 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 a hundred times and more, not thinking further of it; it is impossible to satisfy 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.

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 persuading 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 are 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 expressly forbid it: nevertheless Mrs. Powtrel, Mr. William Powtrel, and divers of the family did argue for his so doing, especially after Mr. Thomas Cannynge came from St. Thomas, in Staffordshire, 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. Powtrel and I went to Mr. William Brent, at Fox-Coat in Warwickshire, her grandfather, and Mr. Busby's father-in-law, a counsellor, 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. Smalley (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 jury's 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 sums 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 ford, I did also search at WestHallam house for popish priestly garments (being well informed that there were such in

King's Counsel. Pray call Dorothy Saunders (who appeared, and was sworn.)

Bar. Street. Well, Dorothy Saunders, what say you?

Dor. 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 wafer given her into her hand) and he held up the wafer 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? (auswered)

Dor. 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 christening of children, I know nothing of that.

Busby. Is that the sacrament? Those wafers in the box, is that the sacrament?

Dor. Saunders. We took it at your hands for the sacrament.

Baron 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.

King's Counsel. Call Sarah Clark. (Who appeared, and was sworn.)

Baron 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.

sacrament.

Baron Street. Well, and have you made confession to him, and has he absolved you after you have done so ?

Sa. Clark. I have been at confession, before him, upon my knees, and when I had done, be spoke something to me in Latin (as I think) which he said was absolution, and I did take to be so; and I have sometimes, my lord, beard 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.

Baron 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?

Su. 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. Anne Smalley were godfather and godmother, and he did name it Anne; it was christened at Standly Grange, at Dr. Needham's 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?

Su. 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 be there holydays and Sundays, to prevent a venal sin, which if we omitted we were liable to penance.

Mr. Gilbert. My lord, we have three or four more witnesses, but we are loth 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.

Baron Street. I suppose the jury will believe there has been sufficient evidence given to convict him; but Mr. Busby, what can you say for yourself?

Busby. Joseph Dudley tells your lordship how I should tell a childish story 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 begining of the troubles, not after, it 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 privileged place and could not be cited to Litchfield-court; and for what the other witnesses say, their evidence is only that they heard something read in an unknown language, usually women pray in an unknown language, and those public prayers were only family-duties; they swear not what it was, because they understand it not.

Baron 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 was said, by reason it was 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.

Baron Street. I know women do not officiate in your church.