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 the shedding of blood. The Parliamentarians, who were fighting for civil liberty for themselves, were annoyed that any measure of liberty should be conceded to their Catholic fellow-countrymen. They presented a petition to Charles at the very time they were safeguarding their own position by the Petition of Rights (1628) demanding that priests who returned to England should be put to death, and that the children of Catholic parents should be taken from their natural guardians and reared in the Protestant religion.[12] Charles defended his own policy of toleration on the ground that it was calculated to secure better treatment for Protestant minorities in other countries, yet at the same time he so far abandoned his policy of not shedding blood as to allow the death penalty to be inflicted on a Jesuit and a layman (1628).[13] So long however as he could secure money from the Catholics he was not particularly anxious about their religious opinions. Instead of the fines to which they had been accustomed, he compounded with them by agreeing not to enforce their presence at the Protestant service on condition that they paid an annual sum to be fixed by his commissioners according to the means of the individual recusants.
The appointment of a bishop to take charge of the English Mission (1623) did not unfortunately put an end to the regrettable controversies that divided the Catholic party. On the death of Dr. Bishop, Dr. Richard Smith was appointed to succeed him (1625), and was consecrated in France. For a time after his arrival affairs moved smoothly enough, but soon a more violent controversy broke out regarding the respective rights and privileges of seculars and regulars, and the obligation on confessors of obtaining episcopal approbation. The dispute became public, and in a short time numerous pamphlets were published in England and in France by the literary champions of both parties. As the Puritans resented strongly the presence of a bishop in England, Dr. Smith was obliged to go into hiding, and ultimately made his escape to France, where he died in 1665. The Pope found it difficult to apportion the blame or to put an end to the strife, but an opportunity was afforded him of learning the facts of the case when an English agent deputed by the queen arrived in Rome (1633). In return Urban VIII. determined to send an envoy into England mainly to settle the controversy between the regulars and the seculars, but also to discover the real sentiments of the court and the country towards Rome. The person selected for this difficult work was Gregory Panzani,[14] an Oratorian, who arrived in England in 1634 and had several interviews with the king and queen. Whatever might have been the hopes of inducing Laud and some of the leading bishops to consider the question of returning to the Roman allegiance, the main object the king had in view in permitting the residence of a papal envoy in London and in sending English agents to Rome was to secure the help of Urban VIII. for his nephew of the Palatinate, and especially to induce the Pope to favour a marriage between this nephew and the daughter of the King of Poland. Very little was obtained on either side by these negotiations, nor did the papal agents in England succeed in composing the differences between the clergy.
In 1640 Laud published the canons framed by Convocation for the government of the English Church. With the object of clearing himself of the charge of Papistry he ordered a new persecution to be begun, but the king intervened to prevent the execution of this measure. At a time when Charles was receiving large sums of money by way of compensation for non-attendance at the Protestant services, and when he foresaw that in the conflict that was to come he could rely on the Catholic noblemen to stand loyally by him, he had no wish to exasperate the Catholics in England, or to outrage Catholic feeling in France and at Rome. In 1640, however, Parliament returned to the charge. The presence of papal agents in England, the payment of £10,000 by the Catholic noblemen to help the king in his expedition against the Scots, and the enrolment of a Catholic army in Ireland by Strafford, were urged as arguments to prove that the king's failure to carry out the laws against Catholics was due to causes other than had been alleged. Indeed both before and after the outbreak of the Civil War (1642) the king's cause was damaged badly by his secret alliance with Rome. As a matter of fact the Catholics did rally to the standard of the king, but the persecution to which they had been subjected wherever the Parliament had control made it impossible for them to act differently. During the years that elapsed between 1642 and 1651, twenty-one victims, including priests, both secular and regular, and laymen, were put to death for their religion.[15] When at last Parliament had triumphed a new persecution was begun. An Act was passed in 1650 offering for the apprehension of priests rewards similar to those paid for securing the arrest of highway robbers. Informers and spies were set at work, and as a result of their labours many priests were captured and confined in prison or transported. Yet, though the opponents of the king made it one of their main charges against him that he refused to shed the blood of the clergy, they adopted a similar policy when they themselves were in power. During the whole Protectorate of Cromwell only one priest was put to death in England. But recourse was had to other methods for the extirpation of the Catholic religion, imprisonment, transportation, and above all heavy fines exacted off those Catholics who held property in the country.
From Charles II. (1660-1685) Catholics had some reason to expect an amelioration of their sad condition. They had fought loyally for his father and had suffered for their loyalty even more than the Protestant loyalists. In the hour of defeat they had shielded the life of the young prince, and had aided him in escaping from enemies who would have dealt with him as they had dealt with the king. Mindful of their services and of promises Charles had made in exile, and well aware that he had inherited from his mother, Queen Henrietta, a strong leaning towards the Catholic Church, they hoped to profit by the Declaration of Breda, which promised liberty of conscience to all his subjects. But Charles, though secretly in favour of the Catholics on account of their loyalty to his father and to himself, was not a man to endanger his throne for the sake of past services, more especially as his trusted minister, the Earl of Clarendon, was determined to suppress Dissenters no matter what creed they might profess. A number of Catholics, lay and cleric, met at Arundel House to prepare a petition to the House of Lords (1661) for the relaxation of the Penal Laws. The petition was received favourably, and as there was nobody in the House of Lords willing to defend the infliction of the death penalty on account of religion, it was thought that the laws whereby it was considered treason to be a priest or to shelter a priest might be abolished. But dissensions soon arose, even in the Catholic committee itself. The kind of oath of allegiance that might be taken, the extension of the proposed relaxations so as to include the Jesuits, and the anxiety of the laymen to get rid of the fines levied on rich recusants rather than of the penalties meted out to the clergy, led to the dissolution of the committee, and to the abandonment of their suggested measures of redress.[16]
Clarendon was determined to crush the Nonconformist party notwithstanding the promises that had been held out to them in the Declaration of Breda. He secured the enactment of a number of laws, the Act of Uniformity (1662), the Conventicle Act (1664) and the Five Mile Act (1665) known as the Clarendon Code, which, though directed principally against the Dissenters, helped to increase the hardships of the Catholic body. Once, indeed, in 1662-63, Charles made a feeble attempt to redeem his promise to both Catholics and Nonconformists by announcing his intention of applying to Parliament to allow him to exercise the dispensing power in regard to the Act of Uniformity and other such laws, but the opposition was so strong that the proposed declaration of indulgence was abandoned. The terrible fire that broke out in London (September 1666) and which raged for five days, destroying during that time a great part of the city, led to a new outburst of anti-Catholic feeling. Without the slightest evidence the fire was attributed to the Papists, and an inscription to this effect placed upon the monument erected to commemorate the conflagration remained unchanged until 1830. When Parliament met a committee was appointed to inquire into the increase of popery, and a demand was made that proclamations should be issued for the banishment of all priests and Jesuits.
On the fall of Clarendon (1667) the Cabal ministers succeeded to power. These were Clifford, who was a convinced Catholic, Arlington who if not a Catholic at this time had at least Catholic tendencies, Buckingham, Ashley, a man of no fixed religious opinions, and Lauderdale, a Scotch Presbyterian (1670).[17] The contest for the succession to the Spanish throne was at hand, and Louis XIV. was as anxious to secure the support of England as was Charles to escape from the Triple Alliance and the domination of Parliament. Besides, his brother James, Duke of York, and heir-presumptive to the English throne, had announced his adhesion to the Catholic Church, and his example produced such an effect upon the king's mind that he determined to imitate it if only France would promise support. It was resolved to conclude a secret treaty with France by which Charles should pledge himself to profess openly the Catholic religion and to assist Louis in his schemes against Holland and Belgium, provided that Louis would supply both money and men to suppress the disturbance to which the king's change of religion might give rise in England. The treaty was signed in May 1670, but as Charles was more anxious about the subsidies than about the change of religion, and as Louis XIV. preferred that the religious question should not be raised till the war against Holland had been completed, very little, if anything, was done, except to publish a Declaration of Indulgence (1672) in which Charles by virtue of his "supreme power in ecclesiastical matters" suspended "all manner of penal laws against whatsoever sort of Nonconformists and Recusants." By this document liberty of public worship was granted to Dissenters, while Catholics were allowed to meet for religious service only in private houses.
A strong Protestant feeling had been aroused in the country by the rumour of the conversion of the Duke of York, by the certainty that his first wife, the daughter of the Earl of Clarendon, had become a Catholic on her death-bed, and by the suspicion of some secret negotiations with France. When Parliament met (1673) a demand was made that the Declaration of Indulgence should be withdrawn. The Duke of York urged the king to stand firm in the defence of his prerogatives, but as neither Charles nor his ally Louis XIV. wished to precipitate a conflict with the Parliament at that particular period, the king yielded to the storm by revoking his original declaration. Immediately the Test Act was introduced and passed through both houses despite the warm opposition of the Duke of York and of Lord Clifford of Chudleigh. According to the terms of this measure it was enacted that all civil or military officials should be obliged to take the oath of supremacy and allegiance, to receive Communion according to the 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]