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visitor who did not attend the English service. In order to test the loyalty of his Majesty's subjects it was enacted that a bishop or two justices of the peace might summon any person who was suspected of recusancy, and require him to take a special oath of loyalty embodied in the Act. If any persons not of noble birth refused to take the oath they should be committed to prison till the next quarter sessions or assizes, and if in these assemblies they persisted in their refusal they incurred thereby the penalty of Praemunire.[6]

Both in its substance and particularly in its form the oath of allegiance was objectionable, and whether or not it was designed with the intention of dividing the Catholic body, it succeeded in producing that effect. Many Catholics thought that, as they were called upon to renounce merely the authority of the Pope to depose princes or to make war on them, they could take it as a sign of civil allegiance without abandoning their obedience to the Pope as their spiritual superior. Others thought differently, however, and as a consequence a violent controversy broke out which disturbed the England Catholics for close on a century. The archpriest Blackwell condemned the oath at first, but in a conference with the clergy held in July 1606 he declared in its favour. Acting on this opinion the lay peers and many of the clergy consented to take the oath. The other side appealed to Rome for a decision, and a brief was issued on the 22nd September 1606, by which the oath was condemned as unlawful. Blackwell neglected to publish the brief probably from motives of prudence, though other grounds were alleged, and in the following year a new condemnation was forwarded from Rome (Aug. 1607). Meanwhile Blackwell had taken the oath himself, and had published letters permitting Catholics to act similarly. As he was unwilling to recede from his position notwithstanding the appeals of Father Persons and Cardinal Bellarmine, he was deposed from his office and George Birkhead or Birket was appointed archpriest (1608). The controversy now became general. James I. entered the lists with a book entitled /Apologie for the Oath of Allegiance/, in which he sought to meet the reasons contained in the papal documents and in the letters of Father Persons and Cardinal Bellarmine. Both writers replied to the royal challenge, and soon hosts of others, both Catholic and Protestant hastened to take part in a wordy war, the only result of which was to disedify the faithful, to turn away waverers from the Church, and to cause rejoicings to the enemies of the Catholic cause. Birkhead, who had been empowered to suspend all priests who did not show some signs of repentance for having taken the oath, acted with great moderation in the hope of avoiding a schism, but at last he was obliged to make use of the powers with which he was entrusted (1611).[7]

The old controversies between the Jesuits and a large section of the seminary priests were renewed both at home and on the Continent. The seculars objecting to the control exercised by the Jesuits in England, in regard to English affairs at Rome, and in the foreign colleges, continued to petition for the appointment of a bishop. Ugly disputes ensued and many things were done by both sides during the heat of the strife that could not be defended. The Holy See found it difficult to decide between the various plans put forward, but at last in 1623 Dr. Bishop was appointed Bishop of Calcedon /in partibus infidelium/, and entrusted with the government of the English mission. During these years of strife one important work, destined to have a great effect on the future of Catholicism in England, was accomplished, namely the re-establishment of the English congregation of the Benedictines. The Benedictine community had been re-established at Westminster in 1556 with the Abbot Feckenham as superior, but they were expelled three years later. Of the monks who had belonged to this community only one, Dom Buckley, was alive in 1607. Before his death he affiliated two English Benedictines belonging to an Italian house to the English congregation, and in 1619 the English Benedictines on the Continent were united with the English congregation by papal authority.[8] The houses of the English Benedictines on the Continent were situated at Douay (1605), at Dieulouard (1606), at Paris (1611), Saint-Malo (1611) and Lambspring in Germany (1643). The members bound themselves by oath to labour for the re-conversion of their country, and the list of Benedictine martyrs who died for the faith in England bears testimony to the fact that their oath was faithfully observed.

While these unfortunate controversies were weakening and disheartening the Catholics the penal laws were enforced with great severity. One martyr suffered in 1607, three in 1608, five in 1610, two in 1616, and five in 1618. Great numbers of priests were confined in prison or transported abroad. Laymen were ruined by imprisonment, and especially by the high fines required by the king to meet his own expenses. According to his own statement he received from the fines of Popish recusants a net income of £36,000 a year. Parliament and the Protestant party generally were anxious about the marriage of Prince Charles, the heir to the throne, and of the princess Elizabeth his sister. If they were married into Protestant families the religious difficulty, it was thought, might disappear; but, if, on the contrary, they were united to the royal houses of France or Spain the old battle might be renewed. Hence the marriage of Elizabeth to the Elector Frederick of the Palatinate, one of the foremost champions of Protestantism in Germany, gave great satisfaction at the time, though later on it led to serious trouble between the king and Parliament, when Elizabeth's husband was driven from his kingdom during the Thirty Years' War.

Regardless of the wishes of his Parliament the king was anxious to procure for Prince Charles the hand of the Infanta Maria, second daughter of Philip III. of Spain. To prepare the way for such a step both in Spain and at Rome, where it might be necessary to sue for a dispensation, something must be done to render less odious the working of the penal laws. Once news began to leak out of the intended marriage with Spain and of the possibility of toleration for Catholics Parliament petitioned (1620) the king to break off friendly relations with Spain, to throw himself into the war in Germany on the side of his son-in-law, and to enforce strictly all the laws against recusants. But the king refused to accept the advice of his Parliament or to allow it to interfere in what, he considered, were his own private affairs. The marriage arrangements were pushed forward, and at the same time care was taken to inform the magistrates and judges that the laws against Catholics should be interpreted leniently. In a few weeks, it is said that about four thousand prisoners were set at liberty. The articles of marriage were arranged satisfactorily (1623), due provision being made for the religious freedom of the Infanta, and a guarantee being given that the religious persecution should cease, but for various reasons the marriage never took place. Parliament promised the king to provide the funds necessary for war if only he would end the negotiations for a Spanish alliance, and this time James much against his will followed the advice of his Parliament (1624). A new petition was presented for the strict enforcement of the penal laws against priests and recusants, to which petition the king was obliged to yield. But hardly had the negotiations with Spain ended than proposals were made to France for a marriage between the prince and Henrietta Maria, sister of Louis XIII., and once more it was necessary to be careful about offending Catholic feeling. By a secret article of the agreement with France James promised to grant even greater freedom to Catholics than had been promised them in his dealings with the Spanish court, and as a pledge of his good faith he released many prisoners who had been convicted on account of their religion, returned some of the fines that had been levied, and gave a hint to those charged with the administration of the law that the penal enactments should not be enforced. Application was made to Rome for a dispensation, which though granted, was to be delivered by the papal nuncio at Paris only on condition that James signed a more explicit statement of his future policy towards his Catholic subjects. Louis XIII., annoyed by the delays interposed by the Roman court, was not unwilling to proceed with the marriage without the dispensation, but for obvious reasons James refused to agree to such a course. Finally all difficulties were surmounted, though not before James had passed away leaving it to his son and successor to ratify the agreement. In May 1625, Charles was married by proxy to Henrietta Maria, and in the following month the new queen arrived in London.[9]

During the later years of the reign of James I. the foreign policy of the king rendered a relaxation of the penal code absolutely necessary. In the course of the marriage negotiations with France James I. had pledged himself by a secret agreement to adopt a policy of toleration, and on his death the agreement was ratified more than once by his son and successor Charles I. (1625-1649). But Charles, though personally well disposed towards the Catholics, was not a man to consider himself bound by any obligations if the fulfilment of them should involve him in serious difficulties. At the time of his accession public opinion in England as reflected by Parliament was intensely hostile to toleration. On the one hand the Puritan party, who had grown considerably despite the repressive measures of Elizabeth and James I., was determined to bring the Church into line with Calvinism, while on the other hand a body of able and learned men within the Anglican Church itself longed for a closer approximation towards Catholic beliefs and practices. With both the Bible was still in a sense the sole rule of faith, but the Puritan party would have the Bible and nothing but the Bible, while the High Church men insisted that the Scriptures must be interpreted in the light of the traditional usages of the Christian world, and that in matters of doctrine and practices some jurisdiction must be conceded to the teaching authorities of the Church. The opponents of the latter stirred the people against them by raising the cry of Arminianism and Papistry, and by representing them as abettors of Rome and as hostile to the religious settlement that had been accomplished. As a result of this controversy, in which the king sided with Laud and the High Church party against the Presbyterians and Calvinists,[10] Parliament, which supported the Puritans, clamoured incessantly for the execution of the penal laws.

In the first Parliament, opened the day after Queen Henrietta's arrival in England (1625) a petition was presented to the king praying for the strict enforcement of the penal laws. Yielding to this petition Charles issued a proclamation ordering the bishops and officials to see that the laws were put into execution, but at the same time he took care to let it be known that the extraction of fines from the wealthy laymen and the imprisonment or transportation of priests would be more agreeable to him than the infliction of the death penalty. Louis XIII. and the Pope protested warmly against this breach of a solemn agreement. Charles replied that he had bound himself not to enforce the penal laws merely as a means of lulling the suspicions of Rome and of securing a dispensation for his marriage.[11] Still, though the queen's French household was dismissed, the king did everything he could to prevent
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