cruple and tenderness of
misguided conscience, but modestly and without scandal perform their
devotions in their own way." The desire for toleration had in fact not
only overcome their dread of Catholicism, but even blinded them to the
political dangers of a revival of the dispensing power. The indulgence
applied equally to Catholics as to Protestants; it was in itself a bold
assertion of the royal prerogative of suspending the execution of the
law. The Presbyterian statesmen indeed aimed at giving the dispensing
power a legal basis. A bill introduced by Lords Ashley and Robartes in
the opening of 1663, in redemption of a pledge contained in the
declaration itself, gave Charles the power to dispense not only with the
provisions of the Act of Uniformity but with the penalties provided by
all laws which enforced religious conformity or which imposed religious
tests. But the policy of Charles as of Ashley broke instantly down
before the good sense as well as the religious passion of the people at
large. If the Presbyterian leaders in the council had stooped to accept
the aid of the declaration, the bulk of the Dissidents had no mind to
have their grievances used as a means of procuring by a side wind
toleration for Roman Catholics, or of building up again that dispensing
power which the civil wars had thrown down. The Churchmen on the other
hand with the bishops at their head were resolute in opposition. Ever
since the issue of the Declaration of Indulgence the hatred felt by the
Churchmen for the Dissidents had been embittered by suspicions of a
secret league between the Dissidents and the Catholics in which the king
was taking part. The Houses therefore struck simultaneously at both
their opponents. They forced Charles by an address to withdraw his
pledge of toleration. They then extorted from him a proclamation for the
banishment of all Catholic priests, and followed this up by a
Conventicle Act, which punished with fine, imprisonment, and
transportation on a third offence all persons who met in greater number
than five for any religious worship save that of the Common Prayer.

[Sidenote: Clarendon's triumph.]

What added to the sting of this defeat was the open opposition which
Clarendon had offered to his master's scheme in Parliament. From that
moment Charles resolved on his minister's ruin. But Clarendon's position
was too strong to be easily shaken. Hated by the Catholics and the
Dissenters, opposed in the Council