Danby was not ignorant of the storm brewing, and it was thought best not to wait for its bursting; but the king sent and seized Montagu's papers, on pretence that he had been intriguing with the Pope's nuncio in Paris; and Erneley, the Chancellor of the Exchequer, announced this fact to the House. It was a very adroit proceeding, but Montagu soon discovered that the precious casket containing the most important papers had been overlooked in the search. Montagu stated to the House that Danby had missed his aim, that the papers were safe, and a deputation was despatched to fetch them. They returned with a small despatch box, and from this Montagu produced two letters of Danby, one of them the letter in which Danby solicited a pension of six million livres, on condition that he procured a peace from the allies, and to which Charles had added the words, "This is writ by my order.—C. R."
On the reading of this letter the House was thrown into a violent agitation. The secret dealings of the king were partly brought to light. It was now seen that Charles's zeal for the war was only a pretence to extract money from the nation, and, this obtained, that he was ready to sell the honour of the country to France; and that the minister had consented to the infamous transaction. They immediately voted Danby's impeachment by a majority of sixty-three, and appointed a committee—of which Montagu was one—to draw up the articles. There was a danger that Danby would retort on Montagu by producing letters of his own, proving that he was mixed up with these transactions from the beginning, and had indeed been made the medium of their proposal; but Montagu trusted to the impossibility of detaching their evidence from such as would have angered the country against the king. He was right; yet two of his letters were sent by Danby to the House, one giving information that Ruvigny was sent to London to treat through Lord William Russell with the Opposition, and the other containing a proposal from Montagu of a grant of money to Charles on the conclusion of peace. These, at another time, would have produced a wonderful sensation, but they were now cast aside to pursue the higher game, and the next day—December 21st—the impeachment of Danby was sent up to the Lords.
On the 23rd Danby replied to the charges by pleading that he had written the letter from the dictation of the king, who had certified the fact by his own hand in the postscript; that it was well known that he was neither a Papist nor a friend to the French alliance, but that he had reason to believe that his accuser, a man who, from his perfidy and breach of the most sacred trust, all men must abhor, had been assisted by French counsel in getting up this impeachment. He denied any guilty practices, and demanded only a fair trial. There was a motion made to commit him to the Tower, but this was overruled, and a day was fixed on which the Lord Treasurer should make his defence. But to defeat this, Danby now advised the king to do that which he had repeatedly dissuaded him from—namely, to dissolve the Parliament. Accordingly, on the 30th of December, it was prorogued for four weeks, and before it could meet again, namely, on the 24th of January, 1679, he dissolved it by proclamation, summoning another to meet in forty days.
This Pension Parliament had now lasted nearly eighteen years. A wonderful change had come over the spirit of this Parliament since its first meeting. Soon after Charles's return no Parliament could be more slavishly submissive. It had restored to him almost everything that the Long Parliament had taken from his father—the power of the army, the customs, and excise; it had passed the most severe and arbitrary Acts for the supremacy of the Church, and the plunder and persecution of Catholics and Dissenters. The Act of Uniformity, the Corporation Act, the Test Act, the Conventicle Act, the Five-Mile Act, the Act which excluded Catholic peers from their House, by which the Church and Crown had been exalted, and the liberties of the people abridged, were all the work of this Parliament. But in time, a different temper displayed itself in this very pliant House. It stiffened and became uncompliant. But this was not at all by a growth of virtue in it. Various circumstances had produced this change. Buckingham, Shaftesbury, and others of the Cabal ministry and their adherents, had lost place and favour, and had organised a stout Opposition. Their chief objects were to mortify and thwart the king, to destroy the prospect of the Popish Duke of York's succession, and to overthrow their rival, Danby. In the prosecution of these selfish ends, they had, as usual, assumed the easy mask of patriotism, and had been joined by the Republican and Patriot party. They had got up the cry of Popery, and driven the nation frantic by alarm of Popish plots, and into much bloodshed, of which the end was not yet. Their present attack on Danby was to thrust down a much better man than themselves, though by no means a perfect one. But Danby had always detested the French alliance, and the use made of it to ruin the Protestant nations on the Continent and destroy the balance of power, in favour of France. He had consented, it is true, but most reluctantly, to write some of the king's begging letters to Louis, and now the Opposition, whose hands were filthy with handling Louis's bribe, had contrived to make him appear not the enemy, but actually the ally and tool of France. Montagu, the great broker of these corruptions, who had taken good care of himself, was become the chastiser of a man who was not a tenth part so guilty as himself. But the darkest part of this story is the share which the Patriotic party had in this receipt of French money, and amongst them Algernon Sidney and Hampden, the grandson of the great patriot. But in excuse for them it may be urged that they did not vote against their consciences.
When the new Parliament met it was found to be more violently anti-Roman than the old one. The duke's known, the king's suspected, Popery created a feeling in the nation that nothing could remove, and which the recent excitements about a Popish plot had roused into a universal flame. This flame the popular party took every means to fan; and though the Government exerted all its power, its candidates were everywhere received with execrations, and assertions of the bloody machinations of the Papists. The new Parliament, therefore, came up with vehement zeal against the plotters, and with unabated determination to punish Danby. But the warning which the progress of the election gave was not lost on Danby. He considered that it would be one of the most powerful means of abating the public jealousy of Popery, if the king could be induced to send the duke out of the kingdom. Charles recoiled at so harsh a measure, and tried the vain expedient of inducing James to pretend at least conversion, by sending the Primate and other bishops to persuade him to return to the Established Church. It was of course useless, and then Charles was obliged to advise James to withdraw for awhile, and reside at Brussels. James complied on two conditions—that the king should give him a formal order to leave the kingdom, so that he might not seem to steal away out of fear; and that he should pledge himself publicly that he would never acknowledge the legitimacy of Monmouth, who had given out that he had four witnesses, in case of Charles's death, to prove his marriage with his mother. This was done in presence of the Council, the members adding their signatures, and Charles ordered the instrument to be enrolled in Chancery. James quitted London with the duchess on the 4th of March, leaving his daughter Anne with her uncle, that the people might not suppose that he sought to convert her to Popery at Brussels.
On the 6th of March Parliament met, and the Commons were immediately engaged in a dispute with the Crown regarding the election of a Speaker. They elected their old one, Mr. Seymour; the Lord Treasurer appointed Sir Thomas Mears, one of his most active opponents in the last Parliament. But during the interval since the dissolution, Danby had been hard at work to convert, by some means or other, some of his most formidable enemies. After some altercation the Commons gave way, and Mears was appointed.
But this exercise of royal prerogative only embittered the House to punish Danby and screen Montagu. The Lords passed a resolution that the dissolution of Parliament did not affect an impeachment—a doctrine which has become constitutional. Montagu had absconded, but reappeared when his election to Parliament gave him personal protection. Everything, therefore, portending the conviction of Danby, Charles ordered him to resign his staff, and then announced this fact to Parliament, at the same time informing them that as he had ordered him to write the letters in question, he had granted him a pardon, and that he would renew the pardon a dozen times if there were a continued attempt to prosecute him for an act simply of obedience to his sovereign.
But this attempt to take their victim out of their hands was resented by the Commons as a direct breach of their privileges, and having looked for a copy of this pardon in Chancery, and not finding it, they learned from the Lord Chancellor that the pardon had been brought ready drawn by Danby to the king, who signed it; and that the Seal had not been affixed by himself, but by the person who carried the bag, at Charles's own order. This irregularity the more inflamed the Parliament. Powle, one of the French pensioners, with that air of injured virtue which politicians so easily assume, inveighed indignantly against Danby, who, he said, had brought the country to the brink of ruin by pandering to the mercenary policy of Louis—the very thing he had opposed,—and had raised a standing army and paid it with French money. Moreover, he had concealed the Popish plot, and spoken of Oates with contempt. The Commons forthwith passed a Bill of Attainder, and the Lords sent to take Danby into custody; but he had absconded. On the 10th of April, however, he surrendered himself to the Lords, and was sent to the Tower. Lord Essex was appointed Lord Treasurer in his stead, and Lord Sunderland, Secretary of State, took the station of Prime Minister. Essex was popular, solid, and grave in his temperament, but not of brilliant talent. Sunderland was a very different man. He was clever, intriguing, insinuating in his manners, but as thoroughly corrupt and unprincipled as the worst part of the generation in which he lived. He had long been ambassador at the Court of France, and the very fact of his holding that post between two such monarchs as Louis and Charles, was proof enough that he was supple, and not restrained by any nice sense of morals or honesty. He was perfidious to all parties—a Cavalier by profession, but at the same time that he was serving arbitrary monarchs most slavishly, he was Republican in heart. He was especially attentive to the mother of Monmouth and the Duchess of Portland, because he knew that they had great influence with his master.