exultation. Arundel was to come next; and Arundel did know enough to
compromise the duke. But the plan had failed. Nothing had been
discovered in Stafford's trial that could help the exclusion; and a
revulsion of popular feeling followed. Monmouth was now put
forward. If James could not be excluded he must make way for Monmouth,
if Monmouth was legitimate. The king was pressed to acknowledge him. A
black box was said to contain the necessary evidence of his mother's
marriage. A bishop was spoken of who knew all about it. Monmouth
himself accepted the idea. When the Duke of Plymouth died he refused
to wear mourning. He would not mourn, he said, for a brother who was
illegitimate. After the Test Act, the Exclusion Bill, the succession
of Monmouth, the indefatigable Shaftesbury had still one resource. He
tried an insurrection. When he found it impossible to draw the line
between insurrection and murder, he thought the position dangerous,
and went abroad. Russell and Sidney were put to death. Charles was
victorious over his enemies. He owed his victory to the French king,
who gave him L700,000, and enabled him to exist without a parliament
for three years.

It was during this struggle against the overshadowing suspicion of the
Dover Treaty that the Habeas Corpus Act was passed, and that Party
took shape in England. In general, the old cavalier families, led by
the clergy and the lawyers, acquiesced in the royal prerogative, the
doctrine of passive obedience, the absolute and irresistible authority
of that which Hobbes called Leviathan, meaning the abstract notion of
the State. They had a passion for order, not for oppression; good
government was as dear to them as to their opponents, and they
believed that it would not be secured if the supreme authority was
called in question. That was the Court Party, known as Tories. As
time went on, after the Revolution, they underwent many developments.