Impeachment and attainder
In appointing a new
secretary of state, Danby had preferred Sir
William Temple, a strong adherent of the anti-French policy, to
Charles Montagu (later the Earl of Halifax). Montagu, after a quarrel with the
Duchess of Cleveland, was dismissed from the king's employment. He immediately went over to the opposition, and in concert with Louis XIV and
Paul Barillon, the French ambassador, who supplied him with a large sum of money, arranged a plan for effecting Danby's ruin. He obtained a seat in parliament; and in spite of Danby's endeavour to seize his papers by an order in council, on
December 20, 1678 caused two incriminating letters written by Danby to him to be read aloud to the House of Commons by the
Speaker. The House immediately resolved on Danby's impeachment. At the foot of each of the letters appeared the king's postscripts, "I approve of this letter. C.R.," in his own handwriting; but they were not read by the Speaker, and were entirely ignored in the proceedings against the minister, thus emphasising the constitutional principle that obedience to the king's orders is not a bar to impeachment.
Danby was charged with having assumed royal powers by treating matters of peace and war without the knowledge of the council, with having raised a standing army on pretence of war with France, with having obstructed the assembling of Parliament, and with corruption and embezzlement in the treasury. Danby, when communicating the "
Popish Plot" to Parliament, had from the first expressed his disbelief in
Titus Oates's revelations, he now stood accused of having "traitorously concealed the plot." He was voted guilty by the
Commons; but while the
Lords were disputing whether the accused peer should have bail, and whether the charges amounted to more than a misdemeanour, Parliament was prorogued on
December 30 and dissolved three weeks later. In March
1679, a new Parliament hostile to Danby was returned, and he was forced to resign the treasurership; but he received a
pardon from the king under the Great Seal, and a warrant for a marquessate. His proposed advancement in rank was severely reflected upon in the Lords, Halifax declaring it in the king's presence the recompense of treason, "not to be borne." In the Commons, his retirement from office did not appease his antagonists. The proceedings against him were revived, a committee of privileges deciding on
March 23, 1679 that the dissolution of Parliament did not abate the impeachment. The Lords passed a motion for his committal, and, as in Clarendon's case, his banishment. This was rejected by the Commons, who passed a bill of attainder. Danby had gone to the country, but returned to London on
21 April to protest the threatened attainder, and was sent to the
Tower. In his written defence, he pleaded the king's pardon, but on
May 5, 1679 it was pronounced illegal by the Commons. This declaration was repeated by the Commons in
1689, and was finally embodied in the
Act of Settlement.
The Commons now demanded judgment against the prisoner from the Lords. Further proceedings, however, were stopped by the dissolution of Parliament in July; but for nearly five years Danby remained in the Tower. A number of pamphlets asserting his complicity in the Popish Plot, and even accusing him of the murder of Sir Edmund Berry Godfrey, were published in
1679 and
1680; they were answered by Danby's secretary, Edward Christian. In May
1681 Danby was indicted by the
Grand Jury of
Middlesex for Godfrey's murder on the accusation of Edward FitzHarris. His petition to the king for a trial by his peers was refused, and an attempt to prosecute the publishers of the false evidence in the king's bench was unsuccessful. For some time all appeals to the king, to Parliament, and to the courts were unavailing; but on
February 12, 1684 his application to Chief Justice
Jeffreys was successful, and he was set at liberty on bail of £40,000, to appear in the House of Lords in the following session. He visited the king the same day, but took no part in public affairs for the rest of the reign.