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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
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