The Restoration brought back the Church of England,
together with the Stuarts. Parliament, more intolerant than the king, passed an
Act of Uniformity, which made the use of the Book of Common Prayer
compulsory and required all ministers to express their consent to everything
contained in it. Nearly two thousand clergymen resigned their positions rather
than obey the act. Among them were found Presbyterians, Independents (or
Congregationalists), Baptists, and Quakers. These Puritans, since they did not
accept the national Church, were henceforth classed as Dissenters. [25] They
might not hold meetings for worship, or teach in schools, or accept any public
office. For many years the Dissenters had to endure harsh persecution.
[25] Or Noncomformists. This name is still applied to
English Protestants not members of the Anglican Church.
HABEAS CORPUS ACT, 1679 A.D.
One of the most important events belonging to the reign of
Charles II was the passage by Parliament of the Habeas Corpus Act. The writ of habeas
corpus [26] is an order, issued by a judge, requiring a person held in
custody to be brought before the court. If upon examination there appears to be
good reason for keeping the prisoner, he is to be remanded for trial; otherwise
he is to be freed or released on bail. This writ had been long used in England,
and one of the clauses of Magna Carta expressly provided against arbitrary
imprisonment. It had always been possible, however, for the king or his
ministers to order the arrest of a person considered dangerous to the state,
without making any formal charge against him. The Habeas Corpus Act established
the principle that every man, not charged with or convicted of a known crime,
is entitled to personal freedom. Most of the British possessions where the
Common law prevails have accepted the act, and it has been adopted by the
federal and state legislatures of the United States.
[26] A Latin phrase meaning "You may have the
body."
