XVIII. And to the intent no person may avoid his trial at the assizes or general gaol-delivery, by procuring his removal before the assizes, at such time as he cannot be brought back to receive his trial there; be it enacted, that after the assizes proclaimed for that county where the prisoner is detained, no person shall be removed from the common gaol upon any Habeas Corpus granted in pursuance of this act, but upon any such Habeas Corpus shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall appertain.

XIX. Provided nevertheless, that after the assizes are ended, any person or persons detained, may have his or her Habeas Corpus according to the direction and intention of

this act.

XX. And be it also enacted by the authority aforesaid, that if any information, suit or action shall be brought or exhibited against any person or persons for any offence committed or to be committed against the form of this law, it shall be lawful for such defendants to plead the general issue, that they are not guilty, or that they owe nothing, and to give such special matter in evidence to the jury that shall try the same, which matter being pleaded had been good and sufficient matter in law to have discharged the said defendant or defendants against the said information, suit or action, and the said matter shall be then as available to him or them, to all intents or purposes, as if he or they had sufficiently pleaded, set forth or alleged the same matter in bar or discharge of such information, suit or action.

XXI. And because many times persons charged with petty treason or felony, or as accessaries thereunto, are committed upon suspicion only, whereupon they are bailable, or not, according as the circumstances making out that suspicion are more or less weighty, which are best known to the justices of peace that committed the persons, and have the examinations before them, or to other justices of peace in the county: be it therefore enacted, that where any person shall appear to be committed by any judge or justice of the peace, and charged as accessory before the fact, to any petty treason, or felony, or upon suspicion thereof, or with suspicion of petty treason or felony, which petty treason or felony shall be plainly and specially expressed in the warrant of commitment, that such person shall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act.

(Ed. from Statutes of the Realm, V, 935, 938.)

178. James II. and the Catholics

Foley

James II. was a fervid Catholic, and most anxious to further the promulgation of that faith with the realm. Indeed, his extreme enthusiasm in the cause of his Church cost him dearly. The following letter, though bearing evidence of a natural optimism and perhaps self-persuasion, yet presents a vivid picture of the status of the Catholic religion in England at the time If the when the close of the Stuart dynasty was drawing near. words of the king were not exactly as quoted by the chronicler, there is no reason to doubt that their spirit did not vary from the account given.

LETTER FROM A JESUIT OF LIEGE TO A BROTHER OF HIS AT FRIBURG

February 1686-7.

It is wonderful to see King James' great affection to our Society. He wished prosperity to this whole College, by the Reverend Father the Provincial, and earnestly recommended himself to our prayers. Upon Father John Keynes return into England, he gave him a most gracious reception (while earls and dukes were commanded for some hours to wait for admittance), with whom, in the Queen's presence, he discoursed with all familiarity. He asked him how many candidates for Order he had, and how many students? And upon the Provincial's answer to his Majesty, who was very urgent with him: That of the former, and of the latter he had above fifty. He replied: There would be occasion for double or treble that number, to effect what he designed for that Society's performance, and ordered that they should be all exercised in the art of preaching. "For now," said he, "England has need of such."

I do not doubt but you have heard that the king, writing to Father de la Chaise, the French King's confessor, concerning the affairs of the house among the Walloons, declared that whatever was done to the English Fathers of that house he would look upon as done to himself. Father Clare, Rector of the same house, being arrived at London to treat of that matter, got an easy access to the King, and as easily gained his point. The King himself forbid him to kneel and kiss his hand, according to custom, saying: "Reverend Father, you have indeed once kissed my hand; but, if I had known then, as I do now, that you were a priest, I would rather myself, Father, have kneeled down and kissed your hand." After he had finished his business, in a familiar conversation, his Majesty told this Father: That he would either convert Eng

land, or die a martyr; and he had rather die the next day and convert it, than reign twenty years piously and happily and not effect it. Finally, he called himself a "son of the Society, of whose good success," he said, "he was glad as of his own." And it can scarcely be expressed how much gratitude he showed when it was told him: That he was made partaker, by our very Reverend Provincial, of all the merits of the Society out of which he is to nominate one for his confessor; but hitherto it is not known who it will be. Some report that it will be the Reverend Father Provincial, but still there is no certainty of that. Many are of opinion that Father Edward R. Petre, who is chiefly in favour with the King, will obtain an archbishopric, but more believe it will be a Cardinal's cap. To him has been granted, within this month or two, all that part of the Palace in which the King used to reside, when he was Duke of York, where there is not a day but you may see I know not how many courtiers waiting to speak to his "Eminence," for so they say he is called. For the King advises with him, and with many Catholic lords, who have the chief places in the kingdom, to find a method to propagate the faith without violence. Not long since, some of these lords objected to the King: That they thought he made too much haste to establish the faith. To whom he answered: "I am growing old, and must take large steps, else, if I should happen to die, I might perhaps leave you in a worse condition than I found you." When they asked him: Why then was he so little concerned about the conversion of his daughters, who were the heirs of the kingdom? he answered: God will take care of that; leave the conversion of my daughters to me. Do you, by your example, convert your tenants and others to the faith."

He has Catholic Lord Lieutenants in most counties; and we shall shortly have Catholic Justices of the Peace in almost all places. We hope also that our affairs will have good success at Oxford. In the public chapel of our ViceChancellor, who is a Catholic, there is always one of our divines, who has converted some of the students to the faith. The Bishop of Oxford himself seems to be a great favourer of the Catholic faith, he proposed to the Council: "Whether it did not seem to be expedient that at least one College should be granted to the Catholics at Oxford, that they might not be forced to study beyond sea, at such great expenses." But it is not yet known what answer he had. The same Bishop, having invited two of our brethren together with

some of his nobility, drank the King's health to a certain "heretic lord who was in company": Wishing his Majesty good success in all his undertakings: adding also, That the religion of the Protestants in England did not seem to him in a better condition than Buda was before it was taken; and that they were next to atheists that defended that faith. Many embrace the true religion, and four of the most considerable earls have lately made public profession of it. Father Alexander Keynes, the Provincial's nephew, to whom is committed the care of the chapel belonging to the Elector of Palatine's Envoy, is continually taken up in solving and answering the questions of heretics who doubt of their faith, of whom you may see two or three together walking by the chapel door, continually disputing about some point of religion. As to Prince George, it is yet uncertain what religion he professes. We gradually begin to get footing in England. We teach human learning [humanities] at Lincoln, Norwich, and York; and at Worcester we have a public chapel protected by a guard of the King's soldiers; and we are to buy some houses in the town of Wigan, Lancashire. The Catholic interest grows very strong, and at some churches granted to the Catholics upon holidays there are often counted fifteen hundred present at the sermon. At London, also, our business is carried on with the same good success. Sermons are preached upon every holiday, and there are so many that frequent the chapels, that they are not big enough to hold them. Two of our Society, Dormer and Bertue, preach continually before the King and Queen; Father Edward Neville, before the Queen Dowager; Father Alexander Keynes in the chapel aforesaid; others in other chapels. There are many houses bought in the Savoy near Somerset House, which is the Queen Dowager's Palace, towards the erecting of the first College in London for about eighteen thousand florins; and they are hard at work to bring them to the form of a College, that a school may be opened before Easter.

A Catholic Lord Lieutenant is shortly to go over to Ireland, because the King cannot be satisfied with any other to establish the Catholic interest in that kingdom. The Parliament will certainly sit in this month of February, of whom his Majesty is resolved to ask three things: First, that by a general Act all the Catholic peers shall be admitted to sit in the Upper House; secondly, that the Test may be abolished; and thirdly, which is the chief point, that all penal

laws against Catholics should be abrogated. And that he may the better obtain these things he designs to let them all know: That he is resolved to turn out all those who will not heartily act for the obtaining of them; and likewise dissolve the Parliament. At which resolution some heretics being terrified, came to a certain earl to advise with him what might be done; to whom he answered: "The King's mind is sufficiently known; what he has once said, he will certainly perform. If you love yourselves, submit to the King's pleasure." There is to be a great preparation of war at London, and a fleet of above one hundred men of war is to be fitted out against the spring, but against whom it is uncertain. The Dutch are under great apprehensions, but for what reason, although they are said to make an armament, time will discover.

(Records of the English Province of the Society of Jesus, ed. H. Foley, Lond., 1879. V, 157.)

179. The Last Appeal

Kennett

In the year 1688 the affairs of the kingdom had come to such a pass that James II., becoming alarmed for his throne because of threatened invasion, resolved to radically reform his administration. On Wednesday, October 3, the Archbishop of Canterbury and various members of the higher clergy, upon the king's invitation, presented to the monarch the following address:

1. Our first humble advice is, that Your Majesty will be graciously pleased to put the management of your government in the several counties, into the hands of such of the nobility and gentry there, as are legally qualified for it.

2. That Your Majesty will be graciously pleased to annul your Commission for Ecclesiastical Affairs, and that no such court (as that Commission sets up) may be erected for the future.

3. That Your Majesty will graciously be pleased, that no dispensation may be granted or continued, by virtue whereof any person, not duly qualified by law, hath been, or may be put into any place, office or preferment, in church or state, or in the universities, or continued in the same; especially such as have cure of souls annexed to them; And in particular, that you will be graciously pleased to restore the president and fellows of St. Mary Magdalen College in Oxford.

4. That Your Majesty will graciously be pleased to set aside all licenses or faculties already granted, by which any persons of the Romish communion may pretend to be enabled