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 When Parliament met (1673) a demand was made that the Declaration of Indulgence should be withdrawn.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.