cessfully engaged in commerce. All the colleges established in Spain by father Persons have continued to the present time, but, passed, on the dissolution of the society of Jesus, into other hands.

A remarkable circumstance presents itself in this place for notice. The Spanish nation, has always singularly regarded the Irish. This has been attributed, by some, to the supposed Milesian descent of the latter; by others, to the emigrations from Ireland to Spain in consequence of the dreadful persecutions and confiscations, which took place during the reigns of James I, and the first two Charles'; and afterwards both during the usurpation, and at the revolution in 1688. The greater part of these emigrants settled in Gallicia, and, till the recent alteration of the Spanish constitution, all the Irish, who settled in that province, were ranked as subjects born within its territory. In every other part of Spain, they were allowed extensive privileges, and in the ordinary intercourse of life, met with particular favour *.

• Some further particulars of the Spanish party occur in Dr. Birch's "Historical View of the Negotiations between "the Courts of England, France and Brussels," 8vo. 1749,— an interesting publication, now become very scarce, (p. 229 to 257). He shews that a regiment of English, chiefly catholics, in the Spanish pay, were stationed in the Low Countries, and intimates that it was the intention of the archduke to send the regiment into England, immediately upon the execution of the gunpowder plot; but Dr. Birch brings no evidence that connects the regiment with the plot. He mentions that father Owen and father Baldwin, two jesuits, were suspected of being privy to the plot, and that king James required them to

be delivered up to him; offering at the same time, that “ they "should be questioned for nothing, except the part which

they were accused of having taken in the plot; that they "should not be tortured," and that" the Spanish ambassador "should be present at their examination and trial." This was refused; but both jesuits were imprisoned; and an offer made to James, that they should be interrogated in prison, and their papers examined by commissioners of his nomination: this he refused. The two jesuits were afterwards released: and father Owen succeeded father Persons, in the rectorship of the English college at Rome, and the prefecturate of the jesuits in the English mission ;-but, in 1610, father Baldwin was seized, as he was passing through the Palatinate, and delivered to sir Ralph Winwood, who procured him to be sent to England. Great discoveries were expected, but nothing appeared against him, and he was never brought to trial. He was however kept in prison till November 1612, when he was exchanged for Mr. Mole, lord Rosse's tutor, who was at that time a prisoner in the inquisition at Rome.-(See in addition to the pages cited from Birch's Negotiations, Winwood's Memorials, vol. iii. p. 210, 211, 407; and Dodd's Hist. vol. ii. p. 393-417.-Nothing ever appeared against either of the fathers.

Birch has added, at the end of the Memoirs, a "Relation "of the State of France, in the Reign of Henry IV. by "sir George Carew," a very curious and important document, which, even now, deserves to be read and meditated.

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CHAP. LII.

GENERAL VIEW OF THE LAWS PASSED AGAINST THE

CATHOLICS;-IN THE REIGNS OF ELIZABETH AND JAMES.-DEATH OF JAMES.

1625.

THE laws, which were passed by the last monarch

of the house of Tudor and the first of the house of Stuart, against the English catholic subjects for heir religious principles and the exercise of their religion, were irreconcileable with every principle of ustice and humanity. We shall now present the reader with a succinct view of their general effect and operation.

1. From the planting of christianity in our island, till the infant reign of Edward VI. the mass was the solemn service, at which the catholics of England, as their brethren throughout the world, assembled, to express their adoration of the Deity, to commemorate the death and passion of his Son, to thank him for his blessings, and to implore his protection and favour, on themselves and their neighbours. It was restored by queen Mary; "We," it is said in the statute, which passed for that purpose, "found it in the church of England, left to us by the authority of the catholic church." It was proscribed, and another service substituted in its stead by Elizabeth, and by a law passed in her reign, a priest who should say or sing mass, was to forfeit two hundred marks, and suffer imprisonment for twelve months; the hearer was to

forfeit one hundred marks, and to be imprisoned for six months.

2. A person who refused to assist at the church service, devised in the reign of Edward VI, and established by the act of uniformity, which, whatever might be its merit, was certainly, (as it is termed in the statute of queen Mary), "a new thing," was denominated in the law a recusant, he was to forfeit twelve pence for each Sunday's absence; was to be presented by the churchwardens to the ecclesiastical court, and there excommunicated the excommunication was to be certified into chancery, the writ de excommunicato capiendo was to be issued against him; this authorized the sheriff to break open his house, to attach and im prison him, or to present him at the next assizes; an indictment was then to be framed, to which no plea, but the general issue, or conformity, was to be admitted.

If the indictment was found by the jury, a proclamation was to be made, that the recusant should surrender himself to the sheriff; if he did not appear, or confess the indictment, or if the jury found it against him, he was denominated a recusant convict; his conviction was to be certified into the exchequer; if he had not paid the forfeitures which he had incurred, process was to be awarded for levying them from his lands, goods and chattels.

3. Having thus become a recusant convict, he was immediately to pay down the sum of 20 l. and, from this time, was to pay 20 l. a month, and be bound

with sufficient sureties for his good behaviour; if he could not pay it, he was to forfeit all his goods, and, during his recusancy, two parts of his lands: if afterwards the profits of the two parts of his lands exceeded the 20 l. monthly, the king was to choose which he would have, the 20 l. or the two parts.

4. These penalties were accompanied by a long train of disabilities. The popish recusant convict was to make no presentations, or collation, to any advowson, prebends, 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 school-master, 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 licence, he passed those bounds, he was to forfeit 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 100 l. 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.