,
Bishop of London; already suspended by James, he was not one of the Seven but played a significant role in the petition The
Declaration of Indulgence was issued in Scotland on 12 February 1687, then in England on 4 April. Many disliked it but did not actively oppose it, although the political implications caused considerable debate. As king, James himself was not subject to the Test Act and could also 'dispense' or exempt individuals. Although only intended for exceptional cases, it was widely used by James to appoint Catholics to senior positions in the army and government; after dismissing those judges who opposed his interpretation, he obtained a legal ruling in 1686 in his favour. Few challenged a long-standing principle established during the
Tudor period, but in a society that feared instability and relied on the law to ensure against it, his approach caused resentment and unease. This was true even for those who benefitted, such as the Nonconformist Sir John Shorter, nominated by James for
Lord Mayor of London in 1687. Before taking office, he insisted on complying with the Test Act, reportedly due to a "distrust of the King's favour ... thus encouraging that which His Majesties whole Endeavours were intended to disannull". The Declaration also effectively abolished an Act, a right reserved for Parliament and reconfirmed in 1663 and 1673 by the
Cavalier Parliament. In addition, even if James was above the law, his subjects were not; they were being ordered to ignore the law and their oaths of office, making them guilty of
perjury, then considered both a crime and a sin. The implications led to intensive debate, one of the most powerful opponents being the London priest
William Sherlock. The Declaration was republished in April 1688 and on 4 May James ordered it to be read in every church, starting in London on 20 and 27 May, then 3 and 10 June elsewhere. The objective was to force the Church of England to publicly back the suspension of the Test Act. In a series of meetings, the London clergy overwhelmingly voted against compliance. On 13 May,
William Sancroft, Archbishop of Canterbury and seven other bishops, including
Henry Compton,
Francis Turner,
Thomas White,
Thomas Ken,
John Lake,
Jonathan Trelawny and
William Lloyd resolved to defy James's order. While not present, the
Bishop of Winchester,
Gloucester and
Norwich were said to have approved this course of action. Compton had already been suspended for refusing to ban
John Sharp from preaching after he gave an anti-Catholic sermon. The other seven signed a petition requesting they be excused, referencing the Parliamentary decisions of 1663 and 1673. , the
Lord Chancellor, who urged James not to prosecute James received it on 18 May and reacted with his customary fury to being opposed; calling it "a standard of rebellion", he dismissed them, saying he expected to be obeyed. Within hours, copies of the petition were being sold on the streets of London; Compton was alleged to be the instigator. On 20 May, only seven churches in London read the Declaration, the congregation walking out in at least three of them; none of them read it out on the 27th. In the country as a whole, only 200 out of 9,000 did so; even worse from James' perspective, many Nonconformists supported the decision of their Church of England colleagues not to comply. Senior government advisors like the
Earl of Melfort, a Scottish Catholic convert, argued publication of the bishops' petition constituted
seditious libel and urged James to put the bishops on trial. The
Ecclesiastical Commission of 1686, set up to enforce discipline on Church of England clergy, refused to take the case, while
Lord Jeffreys recommended against prosecution; overruled, he asked if James would listen to his ministers or whether "the Virgin Mary is to do all". James instructed the bishops to appear before him on 8 June to explain their actions; they did so but refused to answer, arguing that "no Subject was bound to accuse himself" and were ordered to appear in court on the 15th. When asked to provide
bail, they claimed exemption as
peers and offered to give their word instead; James lost his temper and ordered them to be held in the
Tower of London. Although there was little evidence to suggest they intended to provoke this reaction, the result was a public relations disaster for James. When the bishops were escorted to court on 15 June, they were accompanied by huge crowds. Twenty-one noblemen appeared, promising to provide bail if needed, among them
Danby and James' brother-in-law
Clarendon. Among those pledging bail for Bishop Ken was a
Quaker, the Nonconformist sect most sympathetic to James. ==Trial==