As Parliament had refused to abolish the Test Act James II. determined to make use of the dispensing powers which he claimed to have as king. To compensate for the absence of parliamentary confirmation, it was decided to secure the approval of the judges. For this purpose Sir Edward Hales, a recent convert to Catholicism, was brought into court for having accepted and retained a commission in the army without having made the necessary declarations. Hales pleaded as his excuse that he had received a dispensation from the king, and that consequently he was not obliged to comply with the terms of the Test Act. The plea was accepted by the judges and the case against the defendant was dismissed. As a result of this decision James II. felt free to confer civil and military offices on Catholics. Four Catholic peers, Lord Bellasis, Powys, Arundell of Wardour and Lord Dover, were sworn in members of the privy council (1687), and later on Father Petre, a Jesuit, took a seat at the council board. For the latter the king sought to obtain a bishopric and a cardinal's hat, but Innocent XI., who was not an admirer of the imprudent haste shown by James II. for the conversion of the English nation, nor of his alliance with Louis XIV., refused to grant either request. By virtue of royal dispensations a Catholic master and three fellows were appointed to some of the Oxford colleges. The Tory party that had been so loyal to the king hitherto, took offence at the favour shown to the Catholic body, and as there could be no hope of winning their approval for the measures he had in contemplation, James II. determined to appeal to the Dissenters. The Earl of Rochester was dismissed from his office, and the Earl of Clarendon was recalled from Ireland. In April 1687 a Declaration of Indulgence was published, granting freedom of worship to Dissenters and Catholics, and abolishing all religious tests as necessary qualifications for office. For a time it seemed as if the king were likely to secure the support of the Nonconformists, particularly as measures were taken through the lords-lieutenant of the various counties to influence public opinion in their districts. But the hatred entertained by the Dissenters for Rome overcame their gratitude to the king for the liberty he had granted them, and they preferred to live in bondage rather than allow the Catholics to share with them the advantages of religious toleration. The appointment of several Catholic lords to the very highest offices of state, the public welcome given to the papal nuncio, and the attempt to force a Catholic president on the fellows of Magdalen College helped to increase the feeling of dissatisfaction. Dangerous riots broke out in London, and to prevent still more dangerous manifestations a force of 16,000 was concentrated on Hounslow Heath. In April 1688 a second Declaration of Indulgence was published. By a order in council, published some days