The Bill of Securities.
Great as was the value of the Habeas Corpus Act it passed almost unnoticed amidst the political storm which the ministry had to face. The question of the Succession threw all others into the shade. At the bottom of the national panic lay the dread of a Catholic king, a dread which the after history of James fully justified. Unluckily on the question of the succession the new ministers were themselves divided. Shaftesbury was earnest for the exclusion of James and he was followed in his plan of exclusion by Lord Russell. Against a change in the order of hereditary succession however Charles was firm; and he was supported in his resistance by a majority of the Council with Temple and Lord Essex, Lord Halifax, and Lord Sunderland at its head. It was with the assent of this party that Charles brought forward a plan for preserving the rights of the Duke of York while restraining his powers as sovereign. By this project the presentation to Church livings was to be taken out of his hands on his accession. The last Parliament of the preceding reign was to continue to sit; and the appointment of all Councillors, Judges, Lord-Lieutenants, and officers in the fleet, was vested in the two Houses so long as a Catholic sovereign was on the throne. The extent of these provisions showed the pressure which Charles felt, but Shaftesbury was undoubtedly right in setting the plan aside as at once insufficient and impracticable. The one real security for English freedom lay in a thorough understanding between King and Parliament; and the scheme of Charles set them against one another as rival powers in the realm. It was impossible in fact that such a harmony could exist between a Protestant Parliament and a Catholic sovereign.
The Exclusion Bill.
Shaftesbury therefore continued to advocate the Exclusion in the royal Council; and a bill for depriving James of his right to the Crown and for devolving it on the next Protestant in the line of succession was introduced into the Commons by his adherents. In spite of a powerful opposition from patriots like Lord Cavendish and Sir William Coventry who still shrank from a change in the succession the bill passed the House by a large majority. It was known that Charles would use his influence with the Peers for its rejection, and the Earl therefore fell back on the tactics of Pym. A bold Remonstrance was prepared in the Commons. The City of London, in which Shaftesbury's popularity had now risen to its greatest height, was ready with an address to the two Houses in favour of the bill. All Charles could do was to gain time by a sudden prorogation of the Parliament and by its dissolution at the end of May. But delay would have been useless had the Country party remained at one. The temper of the nation and of the House of Commons was so hotly pronounced in favour of the Exclusion of the Duke that but for the disunion among the ministers it must in the end have been secured. England would then have been spared the necessity for the Revolution of 1688. Though the disunion grew greater and hotter indeed the wiser leaders of the Country party were already leaning to the very change which the Revolution brought about. If James were passed over his daughter Mary, the wife of the Prince of Orange, stood next in the order of succession; and the plan devised by Temple, Lord Essex, and Lord Halifax after the failure of their Bill of Securities was to bring the Prince over to England during the prorogation, to introduce him into the Council, and to pave his way to the throne.
Shaftesbury and Monmouth.
Unhappily Shaftesbury was contemplating a very different course. Ever since William had set aside his proposals in 1674, and above all since his marriage with the Duke's daughter, Shaftesbury had looked on the Prince of Orange as a mere adherent of the royal house and a supporter of the royal plans. He saw, too, that firm as was William's Protestantism he was as jealous as Charles himself of any weakening of the royal power or invasion of the royal prerogative. Shaftesbury's keen wit was already looking forward to the changes which a few years were to bring about; and his motive for setting aside William's claims is probably to be found in the maxim ascribed to him, that "a bad title makes a good king." Whatever were his motives however he had resolved not only to set aside the claims of the Duke and the Duke's children, Mary and Anne, as well as William's own claim as grandson of Charles I., but to place the Duke of Monmouth on the throne. Monmouth, reputed to be the eldest of the king's bastards, a weak and worthless profligate in temper, was popular through his personal beauty and his reputation for bravery. The tale was set about of a secret marriage between the king and his mother which would have made him lawful heir to the throne, and Shaftesbury brought him into public notice by inducing the king to put him at the head of the troops sent to repress a rising of the extreme Covenanters which broke out at this moment in the western counties of Scotland. Monmouth showed courage in routing the insurgents at Bothwell Brig on the Clyde as well as judgement in the mercy he extended to them after their defeat; and on his return Shaftesbury pressed the king to give him the command of the Guards, which would have put the only military force possessed by the Crown in Monmouth's hands.
Shaftesbury's Second Dismissal.
Sunderland, Halifax, and Essex, on the other hand—for Temple took less and less part in public affairs—were not only steadily opposed to Shaftesbury's project, but saw themselves marked out for ruin in the event of its success. They had advised the dissolution of the last Parliament; and the Earl's anger had vented itself in threats that the advisers of the dissolution should pay for it with their heads. The danger came home to them when a sudden illness of the king and the absence of James made Monmouth's accession a possible contingency. The three ministers at once induced Charles to recall the Duke of York; and though he withdrew to Scotland on the king's recovery Charles deprived Monmouth of his charge as Captain-General of the Forces and ordered him like James to leave the realm. Left alone in his cause by the opposition of his colleagues, Shaftesbury threw himself more and more on the support of the Plot. The prosecution of its victims was pushed recklessly on. Three Catholics were hanged in London. Eight priests were put to death in the country. Pursuivants and informers spread terror through every Catholic household. He counted on the reassembling of the Parliament to bring all this terror to bear upon the king. But Charles had already marked the breach which the Earl's policy had made in the ranks of the Country party. He saw that Shaftesbury was unsupported by any of his colleagues save Russell. To Temple, Essex, or Halifax, it seemed possible to bring about the succession of Mary without any violent revolution; but to set aside the rights not only of James but of his Protestant children and even of the Prince of Orange was to ensure a civil war. It was with their full support therefore that Charles in October 1679 deprived Shaftesbury of his post of Lord President of the Council.
Shaftesbury's struggle.
The dismissal was the signal for a struggle to whose danger Charles was far from blinding himself. What had saved him till now was his cynical courage. In the midst of the terror and panic of the Plot men "wondered to see him quite cheerful amidst such an intricacy of troubles," says the courtly Reresby, "but it was not in his nature to think or perplex himself much about anything." Even in the heat of the tumult which followed on Shaftesbury's dismissal Charles was seen fishing and sauntering as usual in Windsor Park. But closer observers than Reresby saw beneath this veil of indolent unconcern a consciousness of new danger. "From this time," says Burnet, "his temper was observed to change very visibly." He became in fact "sullen and thoughtful; he saw that he had to do with a strange sort of people, that could neither be managed nor frightened." But he faced the danger with his old unscrupulous coolness. He reopened secret negotiations with France. Lewis was as alarmed as Charles himself at the warlike temper of the nation, and as anxious to prevent the calling of a Parliament; but the terms on which he offered a subsidy were too humiliating even for the king's acceptance. The failure forced him to summon a new Parliament; and the panic which Shaftesbury was busily feeding with new tales of massacre and invasion returned members even more violent than the members of the House he had just dismissed. The project of Monmouth's succession was pressed with more daring than ever. Pamphlets appeared in open support of his claim. The young Duke himself suddenly quitted Holland and reappeared at Court; and though Charles forced him after a time to leave London he refused to leave England altogether. Shaftesbury counted on the new Parliament to back the Duke's claim, and a host of petitions called on the king to suffer it to meet at the opening of 1680. Even the Council shrank from the king's proposal to prorogue its assembly to the coming November. But Charles prorogued it in the teeth of his counsellors. Alone as he stood he was firm in his resolve to gain time, for time, as he saw, was working in his favour. The tide of public sympathy was beginning to turn. The perjury of Oates was proving too much at last for the credulity of juries; and the acquittal of four of his victims showed that the panic was beginning to ebb. A far stronger proof of this was seen in the immense efforts which Shaftesbury made to maintain a belief in the plot. Fresh informers were brought forward to swear to a conspiracy for the assassination of the Earl himself, and to the share of the Duke of York in the designs of his fellow-religionists. A paper found in a meal-tub was produced as evidence of the new danger. Gigantic torchlight processions paraded the streets of London, and the effigy of the Pope was burnt amidst the wild outcry of a vast multitude.
