Evelyn tells us that "a most crowded auditorie" had assembled in the Chapel Royal on this Sunday; possibly it had been drawn there to hear the eloquence of Dr. Sparrow, Bishop of Exeter--probably to observe the movements of the king's brother. "I staied to see," writes Evelyn, "whether, according to costome, the Duke of York received the communion with the king; but he did not, to the amazement of everybody. This being the second year he had forborn and put it off, and within a day of the parliament sitting, who had lately made so severe an act against ye increase of poperie, gave exceeding griefe and scandal to the whole nation, that the heyre of it, and ye sonn of a martyr for ye Protestant religion, should apostatize. What the consequence of this will be God only knows, and wise men dread."That the nation might no longer remain in uncertainty concerning the change the duke was suspected to have made, a bill, commonly called the "Test Act," was, at the instigation of Lord Shaftesbury, introduced into the House of Commons, on its reassembling. In substance this set forth, that all persons holding office, or place of trust, or profit, should take the oaths of supremacy and allegiance in a public court; receive the sacrament according to the Church of England in some parish church on the Lord's Day; and deliver a certificate of having so received communion, signed by the respective ministers and church-wardens, and proved by two credible witnesses on oath.
After prolonged debates upon this singular bill, it was passed through both houses of parliament, and received a reluctant consent from the king. [This act continued in force until the reign of George IV.]
A great commotion followed the passing of this Act. Immediately the Duke of York resigned his post of lord high admiral of England. Suspicion now became certainty; he was truly a papist.
His enemies were elated with triumph, his friends dejected by regret. Before public feeling had time to subside, it was thoroughly startled by the news that Lord Clifford, who was supposed to be a staunch protestant, had delivered up his staff of office as lord treasurer; and Lord Bellasis and Sir Thomas Strickland, papists both, "though otherwise men of quality and ability," had relinquished their places at court. The king was perplexed, the parliament divided into factions, the nation disturbed. No man knew who might next proclaim himself a papist.
As days passed, excitement increased; for hundreds who held positions in the army, or under the crown--many of whom had fought for the king and his father--by tendering their resignations, now proved themselves slaves of what a vigorous writer calls the "Romish yoke: such a thing," he adds, "as cannot, but for want of a name to express it, be called a religion."Public agitation steadily rose. Evelyn tells us, "he dare not write all the strange talk of the town." Distrust of the king, fear of his brother, hatred of popery and papists, filled men's minds and blinded their reason with prejudice. That the city had seven years ago been destroyed by fire, in accordance with a scheme of the wicked Jesuits, was a belief which once more revived: the story of the gunpowder plot was again detailed.
Fearful suspicions sprang up and held possession of the vulgar mind, that the prosecutions suffered by protestants under Queen Mary might be repeated in the reign of the present monarch, or of his brother. That heaven might defend the country from being overrun by popery, the House of Commons besought his majesty to order a day of fasting and humiliation. And by way of adding fury to the gathering tempest, the bishops, Burnet states, "charged the clergy to preach against popery, which alarmed the court as well as the city, and the whole nation."The king therefore complained to Dr. Sheldon, Archbishop of Canterbury, that the discourse heard in every pulpit throughout the capital and the kingdom was "calculated to inflame the people, and alienate them from him and his government. "Upon which Dr. Sheldon called the bishops together, that he might consult with them as to what answer he had best make. Whereon these wise men declared "since the king himself professed the protestant religion, it would be a thing without a precedent that he should forbid his clergy to preach in defence of a religion, while he himself said he was of it." The next action which served to inflame public prejudice against catholicism, was the marriage of the Duke of York to a princess professing that faith.
Soon after the death of his wife, it was considered wise and well his royal highness should marry again. Of the four sons and four daughters the duchess had borne him, three sons and one daughter had died before their mother, and the surviving son and another daughter quickly followed her to the tomb; therefore, out of eight children but two survived, Mary and Anne, at this time respectively aged nine and seven. It being desirable there should be a male heir-presumptive to the crown, the king was anxious his brother should take unto himself a second wife. And that a lady might be found worthy of the exalted station to which such a union would raise her, the Earl of Peterborough was sent incognito to report on the manners and appearance of the princesses of the courts of Neuburg and of Modena. Not being impressed by the merits of those belonging to the former, he betook himself to the latter, where, seeing the young Princess d'Este, then in her fifteenth year, he came to the conclusion no better choice could be made on behalf of the duke than this fair lady. On communicating this opinion to his royal highness and to his majesty, the king commissioned him to demand the hand of the princess in marriage for his brother.