monde what he thought of the step, and that Ormonde replied, ‘Your majesty doubtless acted very prudently in so doing, if you know how to get them again.’ He at once joined the cabal formed by Clifford and Lauderdale to keep Arlington out of power (Longleat Papers; Christie, ii. 98), although at the same time he was on excellent terms with Essex, then viceroy of Ireland, Arlington's intimate friend.
Before parliament met, on 4 Feb. 1673, Shaftesbury had committed an act which gave rise to vehement debates. He had, as chancellor, with the approval of the king, issued thirty-six writs for elections to fill vacancies caused during the long prorogation of nearly two years. That this step was not actually illegal seems proved (ib. ii. 124); but it was against late precedents, and at once aroused ‘much discourse and some grumbling,’ especially when it was noticed that eight of the constituencies lay in the county where Shaftesbury was influential. It was of the utmost importance at the time for the court to secure a majority, and almost all who were chosen were supporters of the court. Shaftesbury had strong personal reasons for wishing for a court majority, since he had been threatened with impeachment for the share he had taken in the declaration of indulgence (Parl. Hist. iv. 507–12). Colonel Strangways, whose house Shaftesbury had stormed in 1644, took the lead in opposition; and the result was that the thirty-six members were unseated, fresh writs issued by the speaker, and the important principle finally established that the issuing of writs rested primarily with the house, and not with the lord chancellor.
On 5 Feb. Shaftesbury made a long and florid speech to the houses, which Burnet calls ‘a base complying speech.’ He first urged the prosecution of the Dutch war, the Dutch being the common enemies of all monarchies, and their only rivals in trade. ‘Delenda est Carthago,’ he declared, in an outburst of which he is said to have been reminded when, sick and hunted, he landed ten years later at Holland. He then defended, on the ground of ministerial responsibility, the stop of the exchequer, and urged a supply to pay the bankers their promised 6 per cent. Finally he vindicated the declaration of indulgence; of the cancelling of which, however, he had to inform the lords on 7 March. Charles had previously referred the question to the lords, following probably in this a suggestion of Shaftesbury (Christie, ii. 132). Colbert on 27 Feb. informed Louis that Shaftesbury, Buckingham, and Lauderdale were in favour of maintaining the declaration and dissolving parliament if necessary; but on 17 April he contradicts himself as far as the declaration is concerned. Shaftesbury's conduct was undoubtedly difficult to understand (see North's charges analysed by Ralph, i. 222). Oldmixon describes the address with which he warded off the danger of an impeachment by bribing Sir R. Howard with an auditorship of the exchequer, though Marvel says that Howard had previously ratted to the king's side (ii. 351, 28 Nov. 1670). Shaftesbury's personal safety was in danger in this time of excitement. North says (Examen, p. 38): ‘Clifford and Shaftesbury looked like high sheriff and under-sheriff. The former held the white staff and had his name to all returns; but all the business, and especially the knavish part, was done by the latter.’ It was now that the feud within the cabal suddenly displayed itself. The commons brought in the Test Act, which rendered it impossible for a catholic to hold office. Shaftesbury warmly supported it; a change of front which is probably explained by assuming that Arlington, disappointed at Clifford's promotion to the treasurership over his head, had revealed to Shaftesbury how he had been duped in the matter of the Dover treaty. The Test Act contradicted his own professions regarding toleration as advantageous to trade, as well as the declaration of indulgence which he had supported. Its immediate effects were the resignations of James, Clifford, and other Roman catholics. The forced dismissal of the king's favourite ministers, in a great degree through Shaftesbury's efforts, would naturally have brought about his fall also. Burnet, indeed (ii. 15), says that he had lost Charles's favour, but it was not thought fit to lay him aside yet. Moreover, a protestant ministry was wanted. Arlington and Shaftesbury, henceforward acting together, secured the support of Ormonde, Rupert, and Henry Coventry in opposing the continuance of the French alliance and the Dutch war. Shaftesbury himself now began his course of anti-catholic agitation. A letter from him to the Duke of York urging him to change his religion was circulated in June (Christie, ii. 150); and whether in real or feigned alarm he now caused his household to be well armed, and kept constant watch in his house throughout the summer.
When parliament met on 20 Oct. the commons were much excited about James's second marriage. To baulk their attack, James was anxious that an immediate prorogation should take place, and Shaftesbury is stated to have purposely retarded this (Burnet, ii. 31). Burnet adds that he gave his advice to Charles to send James away. From a letter of Conway to Essex of 18 Nov. (Essex Papers, Brit. Mus.) we learn that ‘the king fears and hates the
