3. =The Scottish Test Act and the Duke of York's Return. 1681-1682.=--The 'daring pilot's' course was nearly run. Before long, on May 27, =1682=, Shaftesbury's most conspicuous enemy, the Duke of York, returned from Scotland. Whilst he was in Scotland he had obtained an Act from the Scottish Parliament, binding on all officials a new test, requiring them to swear to the doctrine of hereditary right and to the maintenance of the episcopal Church. The Earl of Argyle, the son of the Marquis of Argyle, the political leader of the Covenanters against Charles I., having inherited his father's Presbyterianism, not only refused the oath, but gave reasons for refusing. The Crown lawyers declared that his reasons poisoned the minds of the subjects against the king, and he was tried and condemned to death under an old statute against leasing-making--literally, the making of lies--which had been passed about a century before to punish court favourites who sowed dissension between the king and his people by poisoning the mind of the king against his subjects. Argyle, however, escaped to Holland, and on April 20, =1682=, James reached London. 4. =The City Elections. 1682.=--The first thing on which, after James's return, the king's ministers set their heart, was to strike a blow at Shaftesbury. As he lived in his house in Aldersgate Street and took care never to leave the City, it was impossible to bring him to trial as long as the sheriffs of London and Middlesex were Whigs. The Lord Mayor, Moore, was gained by the Court, and, by various unscrupulous contrivances, he secured the appointment of two Tory sheriffs, and, even before the end of =1682=, of a Tory Lord Mayor named Prichard as his own successor. There would no longer be any difficulty in filling the Middlesex jury box with Tories. 5. =Flight and Death of Shaftesbury. 1682-1683.=--Shaftesbury had for some time been keenly alive to the danger impending over him. He had wild followers in the City ready to follow him in acts of violence, and he had proposed to Russell and Monmouth that the king's guards at Whitehall should be attacked, and the king compelled to do his bidding. Russell and Monmouth recoiled from an act of violence which would certainly end in bloodshed. Shaftesbury still hoped to effect his end by the aid of his less scrupulous supporters; but time slipped away, and on October 19, three days before Prichard's election, he fled to Holland, where he died on January 22, =1683=. With all his faults, he had led the way on that path in which the English nation was, before long, to walk, as he had latterly striven for a combination of Parliamentary supremacy with toleration for dissenters and without toleration for Catholics. His personal failure was due to the disquietude caused by his turbulence in the minds of that large part of the community which regards orderly government as a matter of primary necessity.