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 the great delight of the vast body of the English people.
So long as James II. had no heir many Protestants were inclined to keep silent on the ground that at his death the succession of a Protestant ruler was assured. But during the popular excitement following upon the arrest of the bishops the news spread rapidly that the queen had given birth to a son. Already negotiations had been opened up with William of Orange to induce him to take up the cause of Protestantism in England, but the fact that an heir was born to the throne gave a new impetus to the insurrectionary movement. The state of affairs on the Continent favoured the designs of William of Orange. Louis XIV. was at war with the Emperor and with the Pope, and as James II. was regarded as an ally of France no opposition might be expected from the imperial forces in case William determined to make a descent upon England. Had James II. taken the bold course of inviting Louis XIV. to assist him, the invasion of England from Holland would have been attended with much more serious difficulties, but till the last moment James affected to regard such an invasion as an impossibility. When at last he realised the gravity of the situation he was willing to make some concessions, but soon, finding himself deserted by a great many of the men on whom he had relied, by some of his own relatives, and even by his own daughter, he determined to make his escape from England (Dec. 1688).
During the weeks that preceded the withdrawal of James II. to France violent riots had taken place in London, where several of the Catholic chapels were attacked, and in many of the other leading cities. William III. was not personally in favour of a policy of religious persecution, particularly as he had promised his imperial ally to deal gently with his Catholic subjects. But the popular prejudice against them was so strong that a policy of toleration was almost an impossibility. The Catholics were excluded specially from enjoying the concessions made in favour of the Dissenters, and in the Bill of Rights (1689) it was provided that no member of the reigning family who was a Catholic or had married a Catholic could succeed to the throne, and that any sovereign of England who became a Catholic or married a Catholic thereby forfeited the crown. Catholics were prohibited from residing within ten miles of London; magistrates were empowered to administer the objectionable oath of allegiance to all suspected Papists; Catholics were forbidden to keep arms, ammunition, or a horse valued for more than ten pounds; they were debarred from practising as counsellors, barristers, or attorneys; if they refused to take the oath they were not allowed to vote at parliamentary elections; they were incapacitated from inheriting or purchasing land; and prohibited from sending their children abroad for education; while priests were to be punished with imprisonment for life for celebrating Mass, and spies who secured the conviction of priests were offered £100 as a reward.[21]
During the reign of Anne (1702-14) and during the early portion of the reign of George I. the persecution continued, especially after the unsuccessful rebellion of 1715 in which many Catholics were accused of taking part.[22] After 1722 the violence of the persecution began to abate, and Catholics began to open schools, and to draw together again their shattered forces. Fortunately at the time there was one amongst them in the person of Richard Challoner, who was capable of infusing new life into the Catholic ranks and of winning for the Church the respect even of its bitterest opponents. Richard Challoner (1691-1781) was born in London, and was converted to Catholicism at the age of thirteen. He entered Douay College, in which he remained twenty-five years, first as a student and afterwards as a professor, and vice- president. He returned to London in 1730, and threw himself into the work of strengthening the faith of his co-religionists in all parts of the city. He went about disguised as a layman, visiting the poorest quarters, and celebrating Mass wherever he could find a place of security. Already he had published a book of meditations under the title /Think Well On't/ (1728), and a little later he found time to prepare for the press /The Christian Instructed in the Sacraments, etc/. In 1740, much against his own will, he was appointed coadjutor to Dr. Petre, vicar-apostolic of the London district. As coadjutor he undertook to make a visitation of the entire district as far as it was situated in England. But his work as bishop did not interfere with his literary activity. In quick succession he published /The Gardin of the Soul/, /The Memoirs of Missionary Priests/, containing the Lives of the English Martyrs (1577-1681), the /Britannia Sacra/, or a short account of the English, Scottish and Irish Saints, an edition of the New Testament (1749), of the old Testament (1750), together with a revised edition (1752).