Part 79

For the future, thought and discussion in England were to be in great measure free, as in time they would be wholly so. Perhaps the coward King's heaviest retribution in his secure retreat in the royal French palace of Versailles was the knowledge that all his efforts, and all the efforts of his friend Louis XIV, to prevent the coming of this liberty had absolutely failed.

493. Summary.

The reign of James must be regarded as mainly taken up with the attempt of the King to rule independently of Parliament and of law, and, apparently, he sought to restore the Roman Catholic faith as the Established Church of England.

Monmouth's rebellion, though without real justification, since he could not legitimately claim the crown, was a forerunner of that memorable Revolution which invited William of Orange to come to the support of Parliament, and which placed a Protestant King and Queen on the throne.

WILLIAM AND MARY (House of Orange-Stuart)--1689-1702

494. The "Convention Parliament"; the Declaration of Right. 1689.

After the flight of James II, a "Convention Parliament" met, and declared that, James having broken "the orginal contract between king and people," the throne was therefore vacant. The Convention next issued a formal statement of principles under the name of the "Declaration of Right," 1689.

It was called a "Convention Parliament" because it had not been summoned by the King (S491). Declaration of Right: see Summary of Constitutional History in the Appendix, p. xxii, S24. On the coronation oath see S380, note 1.

That document recited the illegal and arbitrary acts of the late King James II, proclaimed him no longer sovereign, and resolved that the crown should be tendered to William and Mary. The Declaration having been read to them and having received their assent, they were formally invited to accept the joint sovereignty of the realm, with the understanding that the actual administration should be vested in William alone.

William of Orange stood next in order of succession to Mary and Anne (provided the claim of the newly born Prince James, the so-called "Pretender," was set aside [SS490, 491]). See Genealogical Table, p. 323.

495. Jacobites and Nonjurors (1689).

At the accession of the new sovereigns the extreme Tories (S479), who believed the action fo the Convention unconstitutional, continued to adhere to James II as their lawful King. Henceforth this class became known as "Jacobites," from Jacobus, the Latin name for James. They were especially numerous and determined in the Highlands of Scotland and the south of Ireland. They kept up a secret correspondence with the refugee monarch, and were constantly plotting for his restoration.

About four hundred of the clergy of the Church of England, including the Archbishop of Canterbury and four more of the famous seven bishops (S489), with some members of the universities and also some Scotch Presbyterians, refused to take the oath of allegiance to William and Mary. They became known on this account as the "Nonjurors," and although they were never harshly treated, they were compelled to resign their positions.

496. The Mutiny Act and the Toleration Act, 1689.

We have seen that one of the chief means of despotism on which James II relied was the organization of a powerful standing army (S488), such as was unknown in England until Cromwell was compelled to rule by military force (S457). Charles II had perpetuated such an army (S467), but it was so small that it was no longer formidable.

It was now evident that owing to the abolition of the feudal levies (SS150, 482) a standing army under the King's command must be maintained, especially as war was impending with Louis XIV, who threatened by force of arms and with the help of the Jacobites (S495) to restore James II to the English throne. To prevent the sovereign from making bad use of such a power, Parliament passed a law called the "Mutiny Act," 1689, which practically put the army under the control of the nation, as it has since remained. Thus all danger from that source was taken away.

The Mutiny Act provides: (1) that the standing army shall be at the King's command--subject to certain rules--for one year only; (2) that no pay shall be issued to troops except by special acts of Parliament; (3) that no act of mutiny can be punished except by the annual reenactment of the Mutiny Bill.

James's next method for bringing the country under the control of Rome had been to issue Declarations of Indulgence (S488). It was generally believed that his object in granting these measures of toleration, which promised freedom to all religious beliefs, was that he might place Roman Catholics in power.

As an offset to these Declarations, Parliament now passed the Toleration Act, 1689, which secured freedom of worship to all religious believers except "Papists and such as deny the Trinity." This measure, though one-sided and utterly inconsistent with the broader and juster ideas of toleration which have since prevailed, was nevertheless a most important reform. It put an end at once and forever to the persecution which had disgraced the reigns of the Stuarts, though unfortunately it still left the Catholics, the Unitarians, and the Jews subject to the heavy hand of tyrannical oppression, and they remained so for many years (SS573, 599).

In 1663 Charles granted a charter to Rhode Island which secured religious liberty to that colony. It was the first royal charter recognizing the principle of toleration.

497. The Bill of Rights, 1689, and Act of Settlement, 1701.

Not many months later, Parliament embodied the Declaration of Right (S494), with some slight changes, in the Bill of Rights, 1689, which received the signature of the King and became law. It constitutes the third and last great step which England has taken in making anything like a formal WRITTEN Constitution,--the first being Magna Carta, or the Great Charter (S199), and the second the Petition of Right (S432). The Habeas Corpus Act (S482) was contained, in germ at least, in Magna Carta (S199 (2)); hence these three measures, namely, Magna Carta, 1215; the Petition of Right, 1628; and the Bill of Rights, 1689 (including the Act of Settlement to be mentioned presently), sum up the written safeguards of the nation, and constitute, as Lord Chatham said, "The Bible of English Liberty."

See Summary of Constitutional History in the Appendix, p. xxii, S25, and p. xxxi. It should be borne in mind that a large part of the English Constitution is based on ancient customs or unwritten laws, and another part on acts of Parliament passed for specific purposes.

With the passage of the Bill of Rights, the doctrine of the Divine Right of Kings to govern without being accountable to their subjects (SS419, 429), which James I and his descendants had tried so hard to reduce to practice, came to an end forever.

For summary of the bill, see Constitutional Documents in the Appendix, p. xxxi. For the complete text, see Taswell-Langmead's "Constitutional History of England" or Lee's "Source Book of English History."

The chief provisions of the Bill of Rights were: (1) That the King should not maintain a standing army in time of peace, except by consent of Parliament. (2) That no money should be taken from the people save by the consent of Parliament. (3) That every subject has the right to petition the Crown for the redress of any grievance. (4) That the election of members of Parliament ought to be free from interference. (5) That Parliament should frequently assemble and enjoy entire freedom of debate. (6) That the King be debarred from interfering in any way with the proper execution of the laws. (7) That a Roman Catholic or a person marrying a Roman Catholic be henceforth incapable of receiving the crown of England.

Late in the reign (1701) Parliament reaffirmed and still further extended the provisions of the Bill of Rightss by the Act of Settlement, which established a new royal line of sovereigns confined exclusively to Protestants. This Act with the preceding one may be said to have introduced that principle of the British Constitution which has been called "The Reign of Law." It practically abolished the principle of a fixed hereditary succession and reestablished in the clearest and most decided manner the right of the nation to choose its own rulers.

Compare S349, note 2. The Act of Settlement (see p. xxxii of Appendix) provided that after Princess Anne (in default of issue by William or Anne) the crown should descend to the Electress Sophia of Hanover, Hermany, and her PROTESTANT DESCENDANTS. The Electress Sophia was the granddaughter of James I. She married Ernest Augustus, Elector (or ruler) of Hanover. As Hallam says, she was "very far removed from any hereditary title," as, aside from James II's son (S490), whose legitimacy no one now doubted, there were several who stood nearer in right of succession.