The appointed opening of the session, in which once more the most important questions were to be decided, was preceded by a decree of the government, which was likewise of great importance.

To resist the party of Monmouth and Shaftesbury, the leading statesmen had thought it advisable to summon the Duke of York from Scotland; his personal influence over the King and the idea of legitimate succession; which he embodied, formed a counterpoise to the popular tendencies of the other party. His presence however was now regarded as a national grievance. It was asserted that it was in open contradiction to the former declarations of the King and to the laws themselves that so notorious a Papist as the Duke should be allowed influence over affairs; already an accusation against him on the ground of Popery had been presented to the Grand Jury of Middlesex by Lord Shaftesbury and a number of his friends amongst the nobility and gentry, and formal proceedings had only been avoided because the court of King's Bench had succeeded in procuring the discharge of the jury before the case came on. Every one watched eagerly whether the Duke would venture to remain, now that Parliament was sitting. The leading men, who wished to calm Parliament, not to excite it, did not consider it advisable. But this time the Duke very energetically opposed the proposal that he should go away.