The firmness and patience with which the victims of judicial murder had one and all met death, refusing bribes, and resisting persuasions to own themselves guilty, could not fail in producing some effect upon the public mind; and towards the middle of the year 1679 the first signs of reaction became visible, when three Benedictine monks and the queen's physician were tried for conspiracy "to poison the king, subvert the government, and introduce popery." During the examination, Evelyn tells us, "the bench was crowded with the judges, lord mayor, justices, and innumerable spectators." After a tedious trial of nine hours, the jury brought the prisoners in not guilty, "without," says Evelyn, "sufficient disadvantage and reflection on witnesses, especially on Oates and Bedlow."As my Lord Shaftesbury had not yet succeeded in his desired project of excluding the Duke of York from succession, the symptoms of change in public opinion were thoroughly distasteful to him. He therefore resolved to check them immediately, and stimulate the agitation and fear that had for many months reigned paramount through out the nation. For this purpose he had recourse to his former method of circulating wild and baseless reports. Accordingly a rumour was soon brought before the House of Commons of a horrible plot hatched by the papists to burn London to the ground. This, it was alleged, would be effected by a servant-maid setting a clothes-press on fire in the house of her master, situated in Fetter Lane. Two vile Irishmen were to feed the flames, and meanwhile the catholics would rise in rebellion, and, assisted by an army of sixty thousand French soldiers, kill the king, and put all protestants to the sword.
Though this tale was in due time discredited, yet it served its purpose in the present. The violent alarm it caused had not subsided when another terrible story, started on the excellent authority of Lord Shaftesbury's cook, added a new terror. This stated the Duke of York had placed himself at the head of the French troops, with intention of landing in England, murdering the king and forcing papacy on his subjects. The scare was sufficiently effectual to cause Parliament to petition his majesty that he might revoke all licenses recently granted catholic householders to reside in the capital; and order the execution of all priests who administered sacraments or celebrated mass within the kingdom. Soon after this address, Lord Russell was sent by the Commons to the Peers, requesting their concurrence in the statement that "the Duke of York's being a papist, the hope of his coming to the crown had given the greatest countenance and encouragement to the conspiracies and designs of the papists." And now, in May, 1679, the condition of popular feeling promising well for its success. the Bill of Exclusion was introduced, ordaining that "James, Duke of York should be incapable of inheriting the crowns of England and Ireland; that on the demise of his majesty without heirs of his body, his dominions should devolve, as if the Duke of York were also dead, on that person next in succession who had always professed the protestant religion established by law." This passed the House of Commons by a majority of seventy-nine votes.
Alarmed by this bill, Charles resolved to show signs of resentment, and at the same time check the increasing power of the Commons, by a sudden and decisive movement. Therefore, without previously hinting at his intentions, he prorogued parliament before the bill was sent to the House of Lords. This was a keen surprise to all, and a bitter disappointment to Shaftesbury, who vowed those who advised the king to this measure should answer for it with their heads. Owing to various delays, the Bill of Exclusion was not brought before the Peers until eighteen months later. Its introduction was followed by a debate lasting six hours, in which Shaftesbury distinguished himself by his force and bitterness. At nine o'clock at night the House divided, when the measure was rejected by a majority of thirty-three votes, amongst which were those of the fourteen bishops present.
