4.-These penalties were accompanied by a long train of disabilities. The popish recusant convict was to make no presentation or collation to any advowson, prebend or hospital, either of the gift or foundation of himself or his ancestors; he was not to be an executor, administrator or guardian; nor practise in the common law, the civil law, the canon law, or physic; he was not to be a judge, steward, or minister of courts, or a schoolmaster; or hold any office of public charge, or any office of arms in a ship, a castle, or fortress; his armour was to be taken from him, yet he was to be chargeable as his majesty's other subjects, with finding the usual quota of armour. He was to be confined within five miles of his dwelling; and if without special license, he passed those bounds, he was to forfeit

were repeatedly summoned to take the new and disputed "oath of allegiance; non-attendance was visited with ex"communication, and the civil consequences of that eccle"siastical sentence: and the refusal of the oath subjected them "to perpetual imprisonment, and the penalties of a præmunire. "When the king, in 1616, preparatory to the Spanish match, "granted liberty to the Catholics confined under the penal "laws, 4,000 prisoners obtained their discharge. Such at "least was the number, according tot he Puritan writers, whose " zeal most bitterly laments that so many idolaters should "be let loose to pollute a soil purified by the true doctrines of "the Gospel. Another grievance arose from the illegal extor"tions of the pursuivants. Armed with warrants from the "magistrates or under-sheriff, they selected a particular dis❝trict, and visited every Catholic family under the pretext of "enforcing the law. From the poor they generally exacted "the sacrifice of their furniture or their cattle: to the more

all his goods, and all his copyhold lands might be seized; he was not to come into the court of the king or prince, or into the city of London, if he had any dwelling elsewhere, under the penalty of 100l. (300 l. in the present value of money). Finally, he was to be considered as excommunicated in all personal actions, and therefore (which is a necessary consequence of excommunication), he could not either maintain or defend a personal action or suit.

5.-The offence of the popish recusant convict was dreadfully visited on his wife.

If they married according to the Catholic rite, he was to forfeit 100l. (300l. in the present value of money), if she were convicted of recusancy, he

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“ wealthy they repeatedly sold their forbearance for large sums of money. Experience proved that it was most prudent to submit; the very show of resistance generally "provoked a forced search, in which plate, jewels, and the "most valuable effects were carried off as superstitious articles "and the owner was conducted to prison, unless he would "redeem himself by the payment of a large bribe. These

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excesses attracted the notice of Parliament: a promise of "redress was given, and a royal proclamation proved, but did "not abolish the evil.”- Lingard's History, Vol. VI. chap. iii. page 155, 4to ed.

James's occasional fits of clemency were as disastrous to the Catholics as his severities. He sometimes suspended the exactions of the fines for recusancy, but he afterwards exacted them for the whole period of the suspension. This demand, by crowding several payments into one, reduced many families of moderate incomes to a state of absolute beggary.

forfeited 10l. (307. in the present value of money), monthly, for her, or one-third part out of his own remaining third part of his property; if she survived, she was disabled to be his executrix or administratrix: she was to forfeit two parts of her jointure, or two of her dower; she might, during the marriage, be taken from her husband by a justice of peace, and confined in her house. Though the husband conformed, he was to pay 10. (30/. in the present value of money), monthly, for his recusant wife, and was disabled during her recusancy, from holding any public office in the community.

If she was convicted of being a popish recusant, then, if she was a baroness she might be committed to prison by one of the privy council, or the bishop of the diocese; and if she were under that rank, she might be committed to prison by two justices of the peace, and remain there till she conformed, unless her husband should pay to the king 10l. a month, (or 307. in the present value of money), or the third part of her lands, so long as she continued a recusant, and out of prison.

6. The same persecuting spirit appears in the legislative provision respecting his children.

If he christened them after the Catholic rite, he forfeited 100, (300 l. in the present value of money). At nine years of age his children might be presented, and at sixteen indicted for recusancy; at sixteen, the oath of supremacy might be ten

dered to them. If, to educate his children at home, he kept a schoolmaster, he forfeited, for every day, 40s. (6. in the present value of money); if he sent them abroad, he forfeited 100 l. (300 l. in the present value of money), and the child was disabled from taking lands by descent or purchase until he conformed.

7. The same spirit extended also to his friends and servants: if he harboured, maintained, or relieved any recusant servant, sojourner or stranger, his father and mother excepted, he forfeited, for every month, 107. (30 l. in the present value of money).

This act had a dreadful operation. Many "serviceable men and women," says a contemporary writer now before me, (6 'became, in consequence "of it, absolutely destitute of succour, and were obliged, in order to obtain employment and food,

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to travel beyond the five miles within which the "law confined them, under the severe penalties "which have been mentioned. If they had not "the means of paying the forfeitures thus incurred, "the law enjoined them to abjure the realm; if they refused, or if, having abjured it, they re"turned afterwards to it without license, they were "to be adjudged felons."

8. The recusants also were liable to all the severities of the ecclesiastical courts. They might be summoned by the ecclesiastical judges at their

pleasure; if they attended, they might be fined at discretion; if they did not attend, they were excommunicated. Attending or not, warrants were generally sent to search and seize their religious books, chalices, and every article which served for use or ornament in their religious worship: the search was generally made with unfeeling contumely.

9. By several acts, some of which were a pleasing, some a necessary attention to his religion, a Catholic was subject to a præmunire: as, 1. The receipt of an agnus dei, a crucifix, beads, or pious medals: 2. Aiding, abetting, taking or giving absolution by a bull from the Pope: 3. Concealing an offer made to him of such a bull: 4. Sending relief to priests beyond seas: 5. Maintaining the Pope's jurisdiction; and, 6. The first refusal of the oath of supremacy.

10. By three acts, the Catholics incurred the penalties of felony: 1. Receiving a priest; 2. Returning from banishment; 3. Departing from the realm, without taking the oath of allegiance.

11. For the oppression of the Catholics, five new treasons were invented: 1. The second refusal of the oath of supremacy; 2. Maintaining, a second time, the Pope's spiritual authority or jurisdiction; 3. Giving or receiving absolution from the see of Rome; 4. Reconciliation or persuasion to the Ca