Having got the courts completely under his control through the appointment of judges in sympathy with Jeffreys (S487) and with himself, the King issued a Declaration of Indulgence similar to that which his brother Charles II had issued (S477).[1] It suspended all penal laws against both the Roman Catholics on the one hand, and the Protestant Dissenters (S472) on the other. The latter, however, suspecting that this apparently liberal measure was simply a trick to establish Catholicism, refused to avail themselves of it, and denounced it as an open violation of the Constitution.
[1] See Summary of Constitutional History in the Appendix, p. xxi, S23.
James next proceeded, by means of the tyrannical High Commission Court, which he had revived (S382), to bring Magdalen College, Oxford, under Catholic control. The President of that college having died, the Fellows were considering the choice of a successor. The King ordered them to elect a Catholic. The Fellows refused to obey, and elected a Protestant. James ejected the new President, and drove out the Fellows, leaving them to depend on the charity of neighboring country gentlemen for their support.
But the King, in attacking the rights of the college, had "run his head against a wall,"[2] as he soon discovered to his sorrow. His temporary success, however, emboldened him to reissue the first Declaration of Indulgence (1688). Its real object, like that of the first Declaration (S477), was to put Roman Catholics into still higher positions of trust and power.
[2] "What building is that?" asked the Duke of Wellington of his companion, Mr. Croker, pointing, as he spoke, to Magdalen College wall, just as they entered Oxford in 1834. "That is the wall which James II ran his head against," was the reply.
489. The Petition of the Seven Bishops, 1688.
James commanded the clergy throughout the realm to read this Declaration (S488) on a given Sunday from their pulpits. The clergy were by nature conservative. They still generally upheld the theory of the "Divine Right of Kings" and of "Passive Obedience." A majority of them taught the doctrine which James I had proclaimed: "God makes the King; the King makes the law; his subjects are bound to obey the law" (SS419, 429). Now, however, nearly all of them revolted. They felt that to comply with the mandate of the King would be to strike a blow at the supremacy of the Church of England. In this crisis the Archbishop of Canterbury, accompanied by six bishops, petitioned the King to be excused from reading it from their pulpits. The King refused to consider the petition. When the day came, hardly a clergyman read the paper, and in Westminster Abbey the entire congregation rose in a body and left rather than listen to it. Furious at such an unexpected result, James ordered the refractory bishops to be sent to the Tower and kept prisoners there.
The whole country now seemed to turn against the King. By his obstinate folly James had succeeded in making enemies of all classes, not only of the Whig Roundheads (S479) who had fought against his father in the civil war, but also of the Tory Cavaliers (S479) who had fought for him, and of the clergy who had taught the duty of obedience to him.
One of the bishops sent to the Tower was Trelawney of Bristol. He was a native of Cornwall. The news of his imprisonment roused the rough, independent population of that country. From one end of it to the other the people were now heard singing:
"And shall Trelawney die, and shall Trelawney die?
There's thirty thousand Cornishmen will know the reason why."