Part 45 (2/2)

[3] See Summary of Const.i.tutional History in the Appendix, p. xviii, S20.

The second great reform measure was the Habeas Corpus Act,[4] 1679, which provided that no subject should be detained in prison except by due process of law, thus putting an end to the arbitrary confinement of men for months, and years even, without conviction of guilt or even form of trial.

[4] Habeas Corpus (1679) (you may have the body): This writ is addressed by the judge to him who detains another in custody, commanding him to bring him into court and show why he is restrained of his liberty. The right of Habeas Corpus was contained in germ in the Great Charter (S199, Article 2); and see Summary of Const.i.tutional History in the Appendix, p. xix, S21, and p. x.x.xii.

483. Death of Charles.

The reign came suddenly to an end (1685). Evelyn, one of the courtiers of the day, tells us in his ”Diary” that he was present at the palace of Whitehall on Sunday morning, the last of January of that year. There he saw the King sitting in the grand banqueting room, chatting gayly with three famous court beauties,--his special favorites,--while a crowd of richly dressed n.o.bles were gathered around a gambling table heaped with gold. Six days after, as he expresses it, all was ”in the dust.”

Charles died a Roman Catholic, his Catholic brother James (S478) having quietly brought a priest into the King's chamber in time to hear his confession and grant him absolution. Certainly few English rulers ever stood in greater need of both.

484. Summary

The chief events of the period were the persecution of the Puritans, the Plague and Great Fire of London, the Secret Treaty of Dover, the Test Act, the Disabling Act, the so-called ”Popish Plot,” the Rye-House Plot, the Dutch Wars, the Abolition of Feudal Dues, the Habeas Corpus Act, the rise of permanent Political Parties, and Newton's Discovery of the Law of Gravitation. Aside from these, the reign presents two leading points: (1) the policy of the King; (2) that of the nation.

Charles II, as we have seen, lived solely to gratify his inordinate love of pleasure. For that, he wasted the revenue, robbed the exchequer, and cheated the navy; for that, he secretly sold himself to France, made war on Holland, and shamefully deceived both Parliament and people.

In so far, then, as Charles II had an object, it began and ended with himself. Therein he stood lower than his father, who at least conscientiously believed in the Divine Right of Kings (S429) and their accountability to the Almighty.

The policy of the nation, on the other hand, was divided. The Whigs were determined to limit the power of the Crown, and secure at all hazards a Protestant successor to the throne. The Tories were equally resolved to check the growing power of the people, and preserve the hereditary order of succession (then in the Stuart family) without any immediate regard to the religious question involved in the Exclusion Bill (S478).

Beneath these issues both parties had a common object, which was to maintain the National Episcopal Church and the monarchical system of government. Whigs and Tories alike detested the principles of the late Commonwealth period. They preferred to cherish patriotism through loyalty to a personal sovereign rather than patriotism through devotion to a democratic republic.

James II--1685-1689

485. James II; his Proclamation; his Two Objects; t.i.tus Oates again.

James, Duke of York, brother of the late Charles II, now came to the throne. He at once issued a Proclamation pledging himself to ”preserve the government in both Church and State as it is now by law established.” This solemn declaration was welcomed as ”the word of a king,” but unfortunately that king did not keep his word. His first great ambition was to rule independently of Parliament, so that he might have his own way in everything; his second, which was, if possible, still nearer his heart, was to restore the Roman Catholic religion in England (SS370, 382, 477).

He began that restoration at once; and on the Easter Sunday preceding his coronation, ”the wors.h.i.+p of the Church of Rome was once more, after an interval of a hundred and twenty-seven years, performed at Westminster with royal splendor.”[1]

[1] Macaulay's ”England.”

Not long afterwards James brought the miscreant Oates to trial for the perjuries he had committed in connection with the so-called ”Popish Plot” (S478). He was found guilty and sentenced to imprisonment for life; in addition he was publicly whipped through London with such terrible severity that a few more strokes of the lash would have ended his worthless life (1685). But in the next reign Oates was liberated and a pension was granted him.

486. Monmouth's Rebellion; Sedgemoor, 1685.

At the time of the discovery of the Rye-House Plot (S480) a number of Whigs (S479) who were implicated in the conspiracy fled to Holland, where the Duke of Monmouth had gone when banished. Four months after the accession of James, the Duke, aided by these refugees and by a small force which he had gathered in the Netherlands, resolved to invade England and demand the crown. He believed that a large part of the nation would look upon him as representing the cause of Protestantism, and would therefore rally to his support. He landed at Lyme on the coast of Dorsets.h.i.+re (1685), and there issued an absurd proclamation declaring James to be a usurper, tyrant, and murderer, who had set the great fire of London (S474), cut the throat of Ess.e.x (S480), and poisoned Charles II!

At Taunton, in Somersets.h.i.+re, a procession of welcome, headed by a lady carrying a Bible, met the Duke, and presented him with the book in behalf of the Protestant faith. He received it, saying, ”I come to defend the truths contained in this volume, and to seal them, if it must be so, with my blood.” Shortly afterwards he proclaimed himself sovereign of Great Britain. He was popularly known as ”King Monmouth.” Many of the country people now joined him, but the Whig n.o.bles (S479), on whose help he had counted, stood aloof, alienated doubtless by the ridiculous charges he had made against James.

At the battle of Sedgemoor, in Somersets.h.i.+re (1685), ”King Monmouth,”

with his hastily gathered forces, was utterly routed. He himself was soon afterwards captured, hiding in a ditch. He desired to be taken to the King. His request was granted. When he entered his uncle's presence, he threw himself down and crawled to his feet, weeping and begging piteously for life--only life--on any terms, however hard.

He denied that he had issued the lying proclamation published at Lyme; he denied that he had sought the crown of his own free will; finally, in an agony of supplication, he hinted that he would even renounce Protestantism if thereby he might escape death. James told him that he should have the service of a Catholic priest, but would promise nothing more. Monmouth groveled and pleaded, but the King's heart was like marble, and he turned away in silence. Then the Duke, seeing that all his efforts were vain, rose to his feet and regained his manhood.

He was forthwith sent to the Tower, and shortly afterwards to execution. His headless body was buried under the communion table of that little chapel of St. Peter within the Tower grounds, where the remains of Anne Boleyn, Lady Jane Grey, Sir Thomas More, and many other royal victimsf, are gathered. No sadder spot exists on earth, ”since there death is a.s.sociated with whatever is darkest in human nature and human destiny.”[1]

[1] Macaulay's ”England.”

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