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 Duke of York, yet is wholly governed by him.’ On Sunday 9 Nov. Shaftesbury was dismissed in as insulting a manner as possible, and Henry Coventry, his wife's brother, was sent to demand the seals, and an order to leave London was twice repeated. Shaftesbury, however, according to Conway (ib. 22 Nov.), ‘refused to stir.’ He is related to have said when Coventry came to him, ‘It is only laying down my gown and putting on my sword.’

Shaftesbury had uniformly refused as chancellor to pass grants to the duchesses of Cleveland or Portsmouth. He had incurred the enmity of Lauderdale by encouraging Hamilton and other Scotch nobles to break down the system of personal despotism established in Scotland by that minister, who on 18 Nov. describes to the king the consternation visible on the faces of his opponents when the news of Shaftesbury's disgrace reached Edinburgh (Lauderdale Papers, ii. 240, 245, iii. 12). Colbert mentions the joy felt ‘on the disgrace of the greatest enemy of France, and I may add without passion of the most knavish, unjust, and dishonest man in England; but a discarded minister, who is very ill conditioned and clever, left perfectly free to act and speak, seems to me much to be feared in this country.’ On his dismissal Shaftesbury received the usual protecting pardon from the king (, ii. 158).

Shaftesbury was probably not a great lord chancellor; but North is the only authority for the statement that he was despised, baited, and finally beaten and tamed by the bar; while the famous lines of Dryden demonstrate his unimpeachable character as a judge.

Shaftesbury revived the obsolete custom of riding on horseback with the judges from his residence at Exeter House, which he had inhabited since 15 April 1650 (Shaftesbury Papers), to Westminster Hall. North, who makes great ridicule of this, says also that Shaftesbury used to sit ‘on the bench in an ash-coloured gown, silver laced and full-ribboned pantaloons displayed, without any black at all in his garb unless it were his hat;’ a dress which, though unusual, was perfectly appropriate, since he was a layman. As chancellor he expressed the same objections to the methods of proceeding in the court of chancery as he had formerly done in 1653.

Within a very few days both Charles and the French ambassador were making Shaftesbury the highest offers of money and honours if he would return to office. According to Stringer, Charles sent his regrets through the Earl of Oxford; and Ruvigny visited him with compliments from the two kings and with the offer of ten thousand guineas on Louis's part, and that of a dukedom and any post he might choose from Charles. Shaftesbury thereupon had an interview with Charles at Chiffinch's lodgings, and there distinctly refused the offers. From this moment he shook himself free of all connection with his former colleagues, and placed himself at the head of the parliamentary opposition to the court (ib. 180–3).

Parliament met on 7 Jan. 1674. As late as 4 Jan. it seemed probable that Shaftesbury might be again employed. On 8 Jan., however, without disclosing his knowledge of the 1670 treaty, he led the attack in the lords which resulted in an address to the king for a proclamation ordering papists to depart ten miles from London. He began now his extravagant course of exciting popular feeling by the most reckless statements. During the whole session he formed one of a cabal, of which Halifax, Buckingham, Carlisle, Salisbury, and Faulconbridge were other leading members, meeting at Lord Holles's house (Essex Papers, Brit. Mus.) He took part in preparing the bill for educating the royal children in the church of England, and for preventing the marriage of any member of it with a Roman catholic, supporting a proposal that the penalty should be exclusion. All these measures were stopped by the sudden prorogation of 24 Feb. It stopped, too, a petition with which Shaftesbury had been charged, to the effect that Ireland was in danger from a French invasion (, ii. 192). A bill for a new test, specially aimed at the Duke of York, was, to his great disgust, defeated by two votes. He was at this time reconciled with Buckingham, from whom he had been estranged, and actively assisted him in the proceedings against him regarding his shameful connection with Lady Shrewsbury (Essex Papers, 3 Feb. 1674).

Shaftesbury's actions were carefully watched. According to Macpherson (i. 74), he now began to excite the city, and especially the common council, which met once a month, by loudly expressed fears of a catholic rising. On 19 May he was dismissed from the privy council, and ordered to leave London, to prevent his acting in concert with the Dutch ambassador, who lodged in his house (, ii. 198). He was also removed from the lord-lieutenancy of Dorsetshire (Essex Papers, 29 May 1674). He now retired to St. Giles. The list of books which he took with him is preserved (Shaftesbury Papers), and affords a good idea of the comprehensiveness of his intellectual interests. By successive prorogations parliament was put off until April 1675. Shaftesbury determined that the cry should be for a new parliament.