Pagina-afbeeldingen
PDF
ePub

Sir Miles. It shews but what a kind of a man he is.

Just. Dolben. So may we examine to the end of the chapter. Do you say Bolron read over his information to Mowbray, and he said he knew nothing of it as to sir Miles Stapleton ? Leggel. No, my lord, but of sir Tho. Gascoigne; he asked him nothing, my lord, but against sir Tho. Gascoigne; after they went out and had been together, Mr. Bolron told me, sir Miles Stapleton was to be taken into custody; and he said, you may as well have it as another, but I'll go half ships with you: at last he told me, if I have 100l. of sir Miles, you shall have twenty of it.

Just. Dolben. Had you any warrant at that time to take sir Miles?

Legget. No, my lord.

Boiron. I know nothing of any such thing. Mrs. Eliz. Holmes called and examined. Mrs. Holmes. An't please you, my lord, at sir Tho. Gascoigne's trial, Mr. Bolron and his wife they were at our house at dinner; after dinner, they asked me, if I would go to sir Thomas's trial. I answered, yes; so Mrs. Mowbray came and called her husband out of door, and I asked her about sir Tho. Gascoigne, and

she said-

Just. Dolben. Tell us what she said.

Holmes. She said, they were hard people; but she thought they were innocent to the plot, and she had nothing to say against them, as God shall judge her soul. Then another time, my lord, after Bolron came from York he met me. How, now, sister, I understand you are to be a witness against me at York, but if you will be kind to me, I'll be kind to you, and speak as favourably as I can; and he said, if he had known he should have been no better rewarded, he would never have been a witness; the devil should have been a witness as soon as he.

Just. Dolben. Against whom?

Holmes. Against sir Tho. Gascoigne and sir Miles, my lord, and he bid me be careful what I swore; for if we did swear false, he would have us at the pillory, and unless I would unsay what I had said in my lady's trial, he would punish rue sufficiently.

Just. Dolben. Who said this, know you?
Holmes. Mr. Bolron, my lord.
Bar. Gregory. Where do you live?
Holmes. I live, my lord, in Baldwin's Gar-

den.

Sir Tho. Stringer. Did you ever tell any that if they would come and swear against the evidence against sir Miles Stapleton, they should be sufficiently rewarded?

Holmes. No, never in my life.

Sir Miles. When did you see me last, Bolron ?

Bolron. I have seen you in 1678 several times. Just. Dolben. He hath seen you in prison. Bolron. My lord, I have seen him at Barmbow-hall in 1678.

Sir Tho, Stringer. You know sir Miles Stapleton ?

Bolron. Yes, very well; and I have several times talked with him.

Sir Miles. I desire to know whether he hath seen sir Tho. Gascoigne and me discourse about any thing?

Bolron. No, not since the plot broke out. Sir Miles. He swore in sir Tho. Gascoigne's trial, he heard me and sir Thomas discourse about Oates and Bedloe.

Just. Bolron. Well, how material will that

be?

Sir Miles. I shall prove that he swore false; for sir Thomas and I were never together since the plot broke forth.

Just. Dolben. That is hard to do.

Bar. Gregory. You have an excellent witness that can swear that.

Sir Miles. In all probability I can do it. Just. Dolben. But that must not go before a positive. Well, have done? you Sir Miles. There is another witness or two, if it be not too tedious.

Just. Dolben. No, we will stay here all day, if you please.

Edward Cooper called and examined. having been at Autherton fair, we met with Cooper. My lord, all that I can say is, we Mr. Mowbray; knowing him, and being acthere any thing of a truth in this that Boiron quainted with him, pray said I, whether is

swears against sir Tho. Gascoigne, or no? No, saith he, he might as well have sworn it against you, or another person; for I have been in the house as long as he, and I never knew any such thing.

had discovered any thing; for Mowbray was Justice Dolben. This was before Mowbray then a papist, and had taken the oath of secrecy Besides, it is not much what Mowbray said, he was going on a high-way: If it had been before a justice of peace, or if he had upon his oath, then it had been more ma

been

terial.

Madam Shereburn called and examined. Sir Miles. Madam Shereburn, pray declare what Bolron said at your house.

Madam Shereburn. Mr. Bolron and Mowbray came to our house under the pretence of searching for priests, and Bolron took several parcels of silver away with him.

Just. Dolben. Away, away, if you have any thing against him on the behalf of this gentleman, Madam, speak it; but you would prove him a thief, and say, he went to seek for priests, and he stole money from them.

Mowbray. We went to seek for priests, and we took some chalices and other popish trinkets away.

Justice Dolben. Do not spend your's and our time in saying that Bolron and Mowbray were knavish boys; we, it may be, are guilty of extravagances in that particular.

Baron Gregory. They themselves confess they have been very bad; they took the oath

of secresy, and it is as ill as ever was spoke | Christ. Langley and Richard Cocker called and

or writ in so few words.

Justice Dolben. I know they have been very bad men. Well, have you any more wit

nesses.

Sir Miles. I can produce my neighbours and those of the church of England, that can say no otherwise than that I have been of good behaviour.

Sir Tho. Stringer. It is generally concluded by all, that sir Miles hath been a very good man until he fell into this great action.

Justice Dolben. Brother, have you any more to say? If not, I'll proceed.

Sir Tho. Stringer. Only I desire that Dixon and Wilson may be called in to swear that they were hired at sir T. Gascoigne's Trial.

Justice Dolben. Call them, then.

Dixon called and sworn.

Sir Tho. Stringer. Pray tell my lord and the jury what witnesses were hired, and whether you were hired to testify for sir T. Gascoigne or no?

Dixon. My lord, in November 1679, John Baily sent John Wilkinson for me, and when I came there, Batley was there; and they desired me to go; and there called me into the garden, and asked me, if I would be a witness for sir T. Gascoigne, and would give me

405.

Wilson called and sworn.

Sir Tho. Stringer. Were you offered any thing by Mr. Babbington, to be a witness for sir Miles?

Wilson. I was, my lord.

Sir Tho. Stringer. Pray, tell my lord what you were offered, and what he would have you

say.

Diron. Batley would have him to be a wit

ness. Justice Dolben. Well, but what was he to

say?

Dixon. He was to say, he never saw Bolron nor Mowbray at his house. Saith Batley, I saw them at the door. Thou never didst see them in my house. Yes, saith he, I see them once, and my lord, the third time before they departed he might say, that in 1679 he came in and found them there. This he pressed on me, telling me, it was but telling a lie, for no oath was required in this case.

Baron Gregory. Did Mr. Babbington offer you money? What would he have you to testify for it?

Justice Dolben. What money would he have given you?

Wilson. He would have given me 10l. and Hickering proffered me 107.

Justice Dolben. Is Babbington a solicitor sir Miles?

sworn.

Sir Tho. Stringer. Pray tell my lords and the jury what you have been proffered, and by whom, to give evidence for sir Miles.

Chr. Langley. My lord, an't please you, I kept a public-house; so William Batley and John Ross came and called for a quart of ale, and this Richard Cocker was with us, and he said, if you'll go and be a witness for sir Miles in those things we shall direct you, you shall have a couple of oxen and half a score of sheep.

Sir Tho. Stringer. Who proffered you this? Langley. Will. Batley and John Gross.

Cocker. Well, it is the same, my lord, I went with him into his house, and he proffered him a couple of oxen, and half a score of sheep, if he would be a witness for sir Miles.

Mr. Bayns called and sworn.

Sir Tho. Stringer. Speak whether Mrs. Holmes would have had you to have recanted any thing against sir Miles.

Bayns. She proffered me since I came into the kingdom of England threescore pound a year to have holden my tongue, if I had any thing to say against sir Miles: I told her not whether I had any thing or no, and she proffered me 60l. per ann. Mrs. Hewit said, she would give me more if I would say nothing against sir Miles.

Just. Dolben. Did they make an assurance?

Bayns. I asked them, do you know another gentleman's purse? They said, they knew it very well, that he would give it.

Sir Miles. Pray let Mrs. Holmes be called

again.

Just. Dolben. Well, she denies it. What is that Hewit?

Buyns. He married another of my daughters, my lord.

Just. Dolben. She only appeared zealous for sir Tho. Gascoigne, and she would be the same for sir Miles Stapleton. Have you any thing more, sir Miles ?

Sir Miles. No, my lord; only Mrs. Holmes denies.

Just. Dolben. She does so.

Sir Miles. I have not so much to say against Mr. Bayns.

Just. Dolben. I do not hear he saith much against you.

Baron Gregory. He had got his money pretty easily if he said nothing more against he had scarce earned his money.

you;

Sir Miles. I desire the jury may consider what credit was given to their evidence forformerly in the former trials; for I speak seriously, I never spoke any such thing, nor was ever at any consult about any such thing; I believe there is none that knows me will believe it.

Bolron. Yes, my lord, here he is. Dixon. Batley did press me to say again, that he never did see Mr. Bolron and Mowbray in his house, and he made a contrivance of that.

Just. Dolben. Is that all?

Sir Miles. The evidence is very improper ;

[ocr errors]

I never thought ill against the king in my life; what reason was there for it?

Just. Dolben. No reason at all that either you or any papist should do it, but only through the mad fiery zeal of the jesuits; for ever since the reformation you have enjoyed your estates and religion without any molestation; but you could not endure we should quietly enjoy our's. But if you have any matter on record against them, we will hear it. It may be you will say he is an idle fellow and the like; there will be no end of such reflections.

Baron Gregory. You see what is produced on your behalf, sir Miles, though not by your direction, yet on your behalf, and they said it was but telling a lie.

Sir Miles. No, my lord, not I; I never gave any such directions.

Just. Dolben. Gentlemen of the jury, sir Miles Stapleton stands indicted for a very foul treason, for endeavouring to subvert the government, change the religion, and to bring in superstition and idolatry; which he could never do, without compassing the death of the king, he being the only obstacle in the way. This is his charge. The proof of this depends upon Bolron and Mowbray: Mr. Smith, the first witness, he only relates he hath been in Rome and France, and among all the priests he conversed with there was such a design on foot; but against sir Miles he knows nothing, but things told him by Mr. Thwing, which I must tell you is no evidence against sir Miles Stapleton. Bolron and Mowbray do positively swear the thing as plain as any thing can be; they both swear they were present at several consults, where it was resolved the king should be killed, and that sir Miles did agree to it, and did agree to contribute 200'. to carry on this design. Captain Bayns, being examined, he saith, he did really see sir Miles at Barmbow-hall at that time, but he doth not know .whether it was about that or no.

[blocks in formation]

Sir Thomas Yarbrough tells us that Bolron came to him, and knocked him up out of bed, for his warrant to search for Rushton a priest, who he said was at sir Miles's, and thereupon he asked him if he could tell any thing of sir Miles Stapleton, and he said no, with many asseverations; now if that information were the same that was sent to Mr. Lowder, then it is of no such weight, and it hath been presupposed by the king's counsel, that sir Themas might forget himself, neither was there any thing in these papers relating to sir Miles.

And my lady Yarbrough being in bed in the same chamber, she saith she heard the papers read, and her husband asked him of sir Miles Stapleton, but he denied that he was concerned in the Plot: and she saith further, in the afternoon, a gentleman brought him into the porch where they were sitting, and the gentleman asked him who were plotters, but he would not tell him; then he asked him if sir Miles Stapleton was concerned, and he positively denied it. These things hang not well together, I know not how to make any observations upon it; he denies that he said so, they say he did. The rest of the witnesses are not very much material; only, as I told you before, what talk they would have talked before they changed their religion there is nothing proved against them, but they are good witnesses in the law; there is no records, nor perjuries, nor any thing else that takes off their evidence, they have sworn it several times, and stand to it. Now you have heard and taken notice what objections have been made against it,

Against this, sir Miles saith it cannot be; Baron Gregory. My brother has opened it but this is an invention of Bolron and Mow- so fully, I shall trouble you with very little, bray; and to prove this, he produceth several only to let you see that my observations were witnesses, that Bolron should deny, and that the same, and that I concur in the evidence he should sometimes say that sir Tho. Gas- with my brother; for there is full evidence coigne knew nothing of it; sometimes that sir against the prisoner at the bar. The matter Miles knew nothing of it: I must tell you at they swear is treason of the highest nature imathis time, that they were then discoursed ginable: there are but two that swear posiwithal, they at that time were papists them-tively, but they swear of several consults, and selves, and lay under the oath of secrecy. But now here are three witnesses, sir Tho.. Yarbrough, my lady Yarbrough, and Mr. Lowder; and they do speak as much as any of the other doth concerning Bolron and Mowbray, and they speak it when it was a time pertinent; for what they spoke to a justice of peace at that time seems somewhat probable: you heard what Mr. Lowder saith, they came to him to accuse them the 25th of January 1679, and he put them off for that time, and he gives you reasons why he did it; and then he brings an order of council to examine Mowbray, and he tells him what Mowbray would swear, and he tells him he would swear against

of the particulars that were agreed on by sir Miles Stapleton for the carrying it on and there is no material witnesses against them. For the latter witnesses of their denying of it, it must be before they were of the Protestant religion; when they were concerned as much to conceal it, as any persons that were guilty of it besides, in a discourse a man is not bound to tell a neighbour all things that he doth know, he cannot be safe to tell it to a pri vate person at that time. It is very true, as my brother hath told you, they were resolved when they discovered it they would have security for themselves: I suppose they needed not have feared sir Miles flying from being apprehended;

but if sir Miles was at large they might have therefore that was not as before a magistrate; feared it. But when they came to be examined but Mr. Lowder, they came to him as a magisupon their oaths before Mr. Lowder and Mr.trate; therefore it must be for you to consider Tindal, there could not be any thing to exense whether or no there might be a forgetfulness them; it is true, to my apprehension, there of them in their speaking, or a misunderstandwas no probable reasons why these two gentle- ing of them; there is nothing else that I men should ask them if sir Miles were con- know can tend to the reconciling of it for if cerned in the Plot; for in the information they there were a mistake by the one, or a forgetsaw his name was not mentioned; thus they fulness in the other, then it might alter the unwere as much afraid as sir Miles was, it may derstanding; but if they heard well and rebe; it was their care of him, knowing what membered true, then it will be, as I have said religion he was of, and knowing him to be re- before, more difficult to be reconciled. But, lated to sir T. Gascoigne. Now it doth depend gentlemen, upon the whole matter, it will deupon the credit of what they have sworn; they pend upon the construction and reputation of deny what is charged upon them by these what they swear, and these gentlemen speak, gentlemen; by sir Thomas Yarbrough and by which you are to consider. my lady; and it is true, Mr. Lowder was as a magistrate too, and sir Thomas was as a magistrate too; it is true, he was not upon the examination of them upon oath at that time,

Having sworn a bailiff, the Jury withdrew for about half an hour's consultation together, and then returned into Court, and gave in their verdict Not Guilty.

280. The Trial of GEORGE BUSBY, at Derby Assizes, for High Treason, being a Romish Priest: 33 CHARLES II.* A. D. 1681.

THE court being sat, 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:-Sir Henry Every of Egginton, bart., sir Robert Coke of Langford, bart., sir Wilfiam Boothby of Ashborn, kt. and bart., sir Robert Clark of Chilcote, kt., William Fitz herbert of Tissington, Henry Cavendish of Dovebridge, William Mundy of Darley, John Lowe of Denby, William Berrisford of Bentley, John Allen of Grésely, William Hopkinson of Bonsall, esquires; William Lee, Lionel Parshaw of Dronfield, Joseph Harpur of Yeavely, John Stuffin of Hopton, Matthew Smith of Denby, John Whigly of Cromford, Paul Jenkinson, George Birds of Stanton, gentlemen.

The Indictment being brought into Court, Billa vera..

[ocr errors]
[ocr errors]
[blocks in formation]

Which he did nor do, but instead thereof, presented a petition to the court to this effect, That he was committed to the gaol in March fast, for being a popish priest, and that great

* See the Cases of Campion and others, v. 1, p. 1049; of David Lewis, v. 7, p. 249; of Thomas White, alias Whitehead and others, v. 7, p. 511; of sir George Wakeman and - others, v. 7, p. 591; of Charles Kerné, v. 7, p. 7073 of Andrew Brommich. v. 7, p. 715; and of William Atkins, v. 7, p. 726 of this Collection.

industry had 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 King's Bench, that
he may have time to make his defence, he de
pending upon his Habeas Corpus, his most
material evidence to clear him, and to prove his
being an alien, being then in London, &c.
"Baron Street, Mr. Busby, notwithstanding I
must proceed to try you, the Grand Jury hay-
ing found the bill Billa vera; you say you are
an alien; if that be so, then you are without
this law of the 27th of Eliz.

Busby. I had not my Habeas Corpus, and so am deprived of my witnesses to prove that I am an alien 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 sovereign 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 th 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 16th day of March, in the 33rd year of the reign of our sovereign lord Charles the second, of England, Scotland, France and Ireland king, defender 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 The names of the petty jury sworn were. county of Derby aforesaid, being within this Samuel Ward, gent. Tho. Wilson, gent. John kingdom of England, voluntarily, freely and Steer, John Ratcliff, Ed. Wolmesly, gent. Wiltreasonably, the 16th day of March, in the 33d liam Horn, gent. George Tricket, gent. Jereyear of the reign aforesaid, hath been and re-miah Ward, John Roper, John Creswel, gent. mained, contrary to the form of the statute in Edmund Woodhead, Anthony Bowne. that case made and provided; and against the Then Mr. Bridges, counsel for the king, peace of our sovereign lord the king, his crown opened the Indictment. and dignity, &c."

Baron Street. How sayest thou, George Busby, art thou Guilty of this felony 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 king's dominions.

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 king's 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 it is laid in the Indictment, to Westhalllam, 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 Busby. How can I be made a priest in Eng-are to prove it upon him, by the king's evidence, land by the authority of the bishop of Rome, whom we are now to call. where there is no such authority? Baron Street. You must plead to your Indictment as it stands.

Baron Street. You may be made a priest in England by the authority of the bishop of Rome, as well as at Rome.

Busby. Then, my lord, Ihumbly beg I may

be allowed counsel.

Baron Street. If any point in law arise, you shall be allowed counsel.

Busby. The time and place is not specified in the Indictment.

Baron Street. If that be so, it is material.But upon view of the Indictment, it was found right.

Clerk of Arraign. George Busby, hold up thy hand; art thou Guilty of this indictment, or Not Guilty?

Busby. (then holding up his hand) said, Not Guilty.

Clerk of Arraign. Culprit, how wilt thou be tried?-Busby. By God and my country.

Mr. Coombes. Gentlemen of the jury, yon 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 Jesuit, and this by his own eonfession; and that his name was inserted in sir William Waller's warrant, when he came down into this country to search for Jesuits: That he has held a secret and dangerous correspondence with Harcourt, Ireland, and other Popish traitors: That he has been their procurator, and disbursed 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

Clerk. God send thee a good deliverance. Baron Street. Now we will see if your objec-warrant to apprehend him was directed to Mr. tions be of any weight; you hear the Indictment read, which was ut antè, being a subject of the king's, born within this realm; you may be made a priest by the authority of Rome, in England, Ireland, or Germany, or any where eise, and that will make you a priest within this Jaw.

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. The king's counsel did except against two persons only.

Baron Street. Have a care, Mr. Busby, at your peril, if you challenge peremptorily above the number of 35.

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. Powtrel's house at Westhallam, 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 virtue of a warrant 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 Edmundbury 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

« VorigeDoorgaan »