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English service, and to make a declaration "that there is not any Transubstantiation in the sacrament of the Lord's Supper, or in the elements of bread and wine at or after the consecration thereof by any persons whatsoever." James, Duke of York, resigned his office of Lord High-Admiral and his example was followed by Clifford and most of the Catholic noblemen (1673).

From this time forward the Protestant party concentrated their efforts on securing the exclusion of the Duke of York from the English throne. Charles II. had married Catharine of Braganza, by whom there was no issue, and consequently his brother was the lawful heir. At the same time it was clear to everybody, that James was so firmly attached to the Catholic Church that neither the fear of losing the crown nor the zealous efforts of Stillingfleet and other distinguished ecclesiastics were likely to bring about his re-conversion to Protestantism. The news, too, of his projected marriage with Mary the daughter of the Duke of Modena, opening as it did the prospect of a long line of Catholic rulers in England, was not calculated to allay the fears of the Protestants. After he had been dismissed from office the Earl of Shaftesbury set himself deliberately to fan the flames of religious bigotry, in the hope of securing the exclusion of the Duke of York from the throne. With this object in view it was proposed either that Charles should procure a divorce from Catharine of Braganza, so as to be free to marry some younger lady by whom an heir might be born, or else that with the consent of Parliament he should vest the succession in his illegitimate son, the Duke of Monmouth. Just then, when feeling was running high in England, a wretch named Titus Oates came forward with a story of a Popish Plot. Oates, formerly a preacher and minister of the Established Church, had feigned conversion to Catholicism, and had gained admission to the English colleges at Valladolid and St. Omer from which he was dismissed. Acting in conjunction with Israel Tonge he concocted the details of a plot, according to which the Pope and the Jesuits were to bring about the murder of the king and the overthrow of the Protestant religion. His story was so full of contradictions and absurdities that it is difficult to understand how it could have obtained credence among sane men, but in the state of opinion at the time, it was seized upon by Shaftesbury and others as the best means of stirring up a great anti-Catholic agitation that would bar the way to the accession of the Duke of York. The mysterious death of Sir Edmund Godfrey, a London magistrate to whom Oates had entrusted a copy of his depositions, and the discovery of some French correspondence amongst the documents of Father Coleman, the private secretary of the Duchess of York, helped to strengthen public belief in the existence of the plot. When Parliament met in 1678 both houses professed their belief in the existence of a "damnable and hellish plot," voted a salary to Oates, ordered all Catholics to leave London and Westminster, procured the arrest of a number of Catholic peers, and decreed the exclusion of Catholics from the House of Commons and the House of Lords by exacting a declaration against the Mass, Transubstantiation and the invocation of the Blessed Virgin (1678). It was only with the greatest difficulty that the king succeeded in securing an exemption in favour of the Duke of York. A number of priests and laymen were arrested, one of whom was put to death in 1678, eleven in 1679, two in 1680 and one, the Venerable Oliver Plunket, Archbishop of Armagh, the last victim put to death for religion upon English soil, in 1681. In addition to this eight priests were put to death during the agitation merely because they were priests.[18]

Three times the Exclusion Bill was introduced, but it failed to become law owing to the determination of Charles II. to uphold the rights of his brother. At last the storm of passion began to die away, and the absurd statements of Oates, even though supported by the testimonies of infamous hirelings like Bedloe and Dangerfield, were no longer accepted as trustworthy. Shaftsebury was obliged to make his escape from England; the Duke of York returned from exile to take up his residence at court, and for the remainder of the reign of Charles II. Catholics enjoyed a comparative calm. In February 1685 Charles II. became seriously ill, and died in a short time, after having been reconciled to the Catholic Church by the ministrations of Father Hudleston, who had helped to save his life years before, and who had enjoyed the special protection of the king.

The accession of James II. (1685-88)[19] was welcomed by the vast majority of the English people, who had come to admire his honesty and courage, as well as to sympathise with him on account of the violent persecution to which he had been subjected by his unscrupulous adversaries. He had made no secret of his religion and of his desire to abolish the penal laws from which his co-religionists suffered, but at the same time he declared his intention of maintaining the Church of England as by law established. The Tory landowners and the cities were equally loyal to him, and the first Parliament he called was not unwilling to do everything to gratify his wishes, provided, however, he left religion untouched. When the Duke of Monmouth arrived in England to stir up a rebellion (1685) the country in the main rallied to the king, although the cry of "Protestantism in danger" had been utilised to stir up discontent.

The violent persecution that followed the rebellion, and above all the "bloody circuit" of Judge Jeffreys, whose conduct was unworthy of his judicial position, helped to dull the edge of the king's popularity. The selection of advisers like the unprincipled Earl of Sutherland, the position occupied at Court by Father Edmund Petre,[20] the public celebration of Mass at which the king assisted in state, and the opening of direct negotiations with Rome, were calculated to stir up strong Protestant opposition. During the rebellion the king had found it necessary to dispense with the Test Act in the appointment of officers, and to raise a well equipped standing army, and people began to be alarmed lest he should ally himself with Louis XIV., and by means of French subsidies attempt to make himself absolute ruler of England. Parliament met once more in November 1685. The king had set his heart on securing a modification of the Test Act, so as to be free to appoint Catholics to positions of trust, and had dismissed the Earl of Halifax from the council because he refused to agree to the proposal. But on the two questions, the maintenance of the Test Act and of a standing army, Parliament was unbending in its refusal to meet the wishes of James II., and was on this account prorogued (Nov. 1685).

Most of the prominent opponents were dismissed immediately from their offices. The fact that the late king had embraced the Catholic religion before his death was made known officially, and two papers, in which Charles II. explained the motives which induced him to take this step, were given to the public. The papal nuncio at London was received at court, and Lord Castlemaine was dispatched to Rome to act as the agent of James II. Dr. Leyburn arrived in England as vicar apostolic, to be followed by another in the person of Dr. Giffard, and a little later England was divided into four vicarates, over which were placed four vicars with full episcopal orders and jurisdiction. Several of the Protestant ministers, alarmed by these measures, opened a violent campaign against Popery, particularly in London where anti- Catholic feeling was easily aroused. The king appealed to the Bishop of London to moderate the fanaticism of his clergy, and as the bishop was unable or unwilling to comply with this request, the king established once more a king of High Commission Court, to be presided over by a number of bishops and laymen, with the avowed object of keeping the clergy in subjection.

As Parliament had refused to abolish the Test Act James II. determined to make use of the dispensing powers which he claimed to have as king. To compensate for the absence of parliamentary confirmation, it was decided to secure the approval of the judges. For this purpose Sir Edward Hales, a recent convert to Catholicism, was brought into court for having accepted and retained a commission in the army without having made the necessary declarations. Hales pleaded as his excuse that he had received a dispensation from the king, and that consequently he was not obliged to comply with the terms of the Test Act. The plea was accepted by the judges and the case against the defendant was dismissed. As a result of this decision James II. felt free to confer civil and military offices on Catholics. Four Catholic peers, Lord Bellasis, Powys, Arundell of Wardour and Lord Dover, were sworn in members of the privy council (1687), and later on Father Petre, a Jesuit, took a seat at the council board. For the latter the king sought to obtain a bishopric and a cardinal's hat, but Innocent XI., who was not an admirer of the imprudent haste shown by James II. for the conversion of the English nation, nor of his alliance with Louis XIV., refused to grant either request. By virtue of royal dispensations a Catholic master and three fellows were appointed to some of the Oxford colleges.

The Tory party that had been so loyal to the king hitherto, took offence at the favour shown to the Catholic body, and as there could be no hope of winning their approval for the measures he had in contemplation, James II. determined to appeal to the Dissenters. The Earl of Rochester was dismissed from his office, and the Earl of Clarendon was recalled from Ireland. In April 1687 a Declaration of Indulgence was published, granting freedom of worship to Dissenters and Catholics, and abolishing all religious tests as necessary qualifications for office. For a time it seemed as if the king were likely to secure the support of the Nonconformists, particularly as measures were taken through the lords-lieutenant of the various counties to influence public opinion in their districts. But the hatred entertained by the Dissenters for Rome overcame their gratitude to the king for the liberty he had granted them, and they preferred to live in bondage rather than allow the Catholics to share with them the advantages of religious toleration. The appointment of several Catholic lords to the very highest offices of state, the public welcome given to the papal nuncio, and the attempt to force a Catholic president on the fellows of Magdalen College helped to increase the feeling of dissatisfaction. Dangerous riots broke out in London, and to prevent still more dangerous manifestations a force of 16,000 was concentrated on Hounslow Heath. In April 1688 a second Declaration of Indulgence was published. By a order in council, published some days later, the clergy were commanded to read this declaration on two consecutive Sundays in all their churches.

A petition was presented to the king by Archbishop Sancroft of Canterbury and six of his episcopal colleagues requesting him to withdraw this command to the clergy (18 May 1688). To make matters worse thousands of copies of the petition were printed immediately and circulated throughout the country. Annoyed by such opposition the king summoned the bishops before the council, and as they refused to give securities for their attendance at the trial, they were committed to prison. The trial opened on the 29th June 1688, and ended with a verdict of acquittal to
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