Berwick upon Tweed, and the islands of Jersey or Guernsey; any law or usage to the contrary notwithstanding.

XII. And for preventing illegal imprisonments in prisons beyond the seas; be it further enacted by the authority aforesaid, that no subject of this realm that now is, or hereafter shall be an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, islands or places beyond the seas, which are or at any time hereafter shall be within or without the dominions of his Majesty, his heirs or successors; and that every such imprisonment is hereby enacted and adjudged to be illegal; and that if any of the said subjects now is or hereafter shall be so imprisoned, every such person and persons so imprisoned, shall and may for every such imprisonment maintain by virtue of this act an action or actions of false imprisonment, in any of his Majesty's courts of record, against the person or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner or transported, contrary to the true meaning of this act, and against all or any person or persons that shall frame, contrive, write, seal or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aiding or assisting in the same, or any of them; and the plaintiff in every such action shall have judgment to recover his treble costs, besides damages, which damages so to be given, shall not be less than five hundred pounds; in which action no delay, stay or stop of proceeding by rule, order or command, nor no injunction, protection or privilege whatsoever, nor any more than one imparlance shall be allowed, excepting such rule of the court wherein the action shall depend, made in open court, as shall be thought in justice necessary, for special cause to be expressed in the said rule; and the person or persons who shall knowingly frame, contrive, write, seal or countersign any warrant for such commitment, detainer, or transportation, or shall so commit, detain, imprison or transport any person or persons contrary to this act, or be any ways advising, aiding or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of the islands, territories or dominions thereunto belonging; and shall incur and sustain the pains, penalties, and forfeitures limited, ordained

and provided in and by the statute of Provision and Præmunire made in the sixteenth year of King Richard the second; and be incapable of any pardon from the king, his heirs or successors, of the said forfeitures, losses, or disabilities, or any of them.

XIII. Provided always, that nothing in this act shall extend to give benefit to any person who shall by contract in writing agree with any merchant or owner of any plantation, or other person whatsoever, to be transported to any parts beyond the seas, and receive earnest upon such agreement, although that afterwards such persons shall renounce such

contract.

XIV. Provided always, and be it enacted, that if any person or persons lawfully convicted of any felony, shall in open court pray to be transported beyond the seas, and the court shall think fit to leave him or them in prison for that purpose, such person or persons may be transported into any parts beyond the seas; this act, or anything therein contained to the contrary notwithstanding.

XV. Provided also, and be it enacted, that nothing herein contained shall be deemed, construed or taken, to extend to the imprisonment of any person before the first day of June one thousand six hundred seventy and nine, or to anything advised, procured, or otherwise done, relating to such imprisonment; anything herein contained to the contrary notwithstanding.

XVI. Provided also, that if any person or persons at any time resiant in this realm, shall have committed any capital offence in Scotland or Ireland, or any of the islands, or foreign plantations of the king, his heirs or successors, where he or she ought to be tried for such offence, such person or persons may be sent to such place, there to receive such trial, in such manner as the same might have been used before the making of this act; anything herein contained to the contrary notwithstanding.

XVII. Provided also, and be it enacted, that no person or persons shall be sued, impleaded, molested or troubled for any offence against this act, unless the party offending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be committed, in case the party grieved shall not be then in prison; and if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen.

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 justice 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 when any person shall appear to be committed by any judge or justice of the peace, and charged as accessary 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. (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 when the close of the Stuart dynasty was drawing near. If the 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