imprisoned, for the sake of appearances. But 155 copies were in
circulation, and the culprit was released after six days. It became
dangerous for Charles to meet parliament. The facts became known to
Shaftesbury long before, and determined his course from the time of
his dismissal from office, in November 1673. The scheme laid down in
the Dover Treaty was a dangerous one, and after the beginning of the
Dutch war there were no French troops to spare.

Charles tried another way to gain his purpose. Both he and his
brother desired to establish Catholicism for its own sake. They were
not converts, but they intended to be before they died. The
difference was that James was ready to make some sacrifice for his
religion, Charles was not. They both regarded it as the only means of
putting the crown above the law. This could be done more safely by
claiming the right to dispense from penalties and disabilities imposed
by parliament. The idea, entertained as early as 1662, ripened ten
years later, when the Penal Laws, as well as the intolerant
legislation of Clarendon against the Puritans, which had been
considered the safeguard of monarchy, were declared inoperative. The
ministers, including Shaftesbury, expected to obtain the support of
Nonconformists. This calculation proved delusive. The Dissenters, on
an assurance that they would be relieved by parliament if they
resisted the offers of the king, refused to accept them. The object
of his declaration was too apparent, and was indeed too openly avowed.
Just then the Duke of York became a Catholic, and although the fact
was not made public, it was suspected. Ministers advised Charles to
maintain his offer of indulgence and his claim to the dispensing
power. Charles gave way and accepted his defeat. He gave way because
Lewis advised it, and promised him more French regiments than had been
stipulated for, as soon as he was again at peace with the Dutch.