is no matter of reproach. Even those who, whether from acuteness or evil-thinking, withheld from Danby the praise of high principle in his attachment to church and king, admit that he was of the cavalier party: is he to be blamed for calling staunch cavaliers about him? and if he gratified those, or the sons of those, who had fought in the cause of Charles I., by setting up his statue, or even by honouring that unfortunate king, whose interment had been little ceremonious, with a magnificent funeral,—was there any thing but an harmless homage, to prepossessions in which he himself participated?

On opening the parliament, which met on the 13th of April, 1675*, after an interval of fourteen months, the king boasted in his speech of what he had done "to extinguish the fears and jealousies of popery," and promised that he would leave nothing undone, that might show the world his zeal for the protestant religion as established in the church of England, from which he would never depart." And the lord keeper Finch enforced the necessity of a national church, established and protected by law; observing, however, that the protestant dissenters were not so rigourously treated as catholics in the late proclamation. If this speech be compared with those which were delivered from the throne during the Cabal administration, or spoken by Shaftesbury as chancellor, the increased in

*Thirteenth Session. Parl. Hist. iv. 671. Com. Journ. ix. 314. Lords', xii. 652.

"His majesty hath considered religion again more particularly, as it is the protestant religion established by law in the church of England: he sees that as such, it is not only best suited to the monarchy, and most likely to defend it, but most able to defend itself against the enemies of all reformation; and therefore upon this account it is, that his majesty, with equal and impartial justice, hath revived all the laws against dissenters and non-conformists, but not with equal severity; for the laws against the papists are edged, and the execution of them quickened, by new rewards proposed to the informers; those against dissenters are left to that strength which they have already. But these, and all other laws whatsoever, are always understood to be subject to the pleasure of a parliament, which may alter, amend, or explain them, as they see cause, and according to public convenience."

fluence of the church of England, under Danby's administration, will be apparent. These speeches, it is true, often mentioned the king's attachment to the church of England; but they forthwith announced some measure apparently hostile to it.

But now that there was an administration afraid of popery, the party in opposition lost much of the interest they had in crying it down. Cold thanks were returned for the speech, and it became evident that "the ministers" (as Coleman expresses it) "having turned their faces, the parliament would do so too, and still be against them; and be as little for persecution now, as they were for popery before."*

It is not correctly said that ministers had "turned their faces." That of Danby had always been set against popery. New ministers had acquired power,

and new interests had obtained favour.

Bills for enforcing the laws against papists, and for educating the royal children as protestants, were brought into the two houses, but were feebly supported, and made no progress.†

Although the opposition leaders had no ground for imputing either inconsistency or insincerity to the minister, he could not reasonably complain that they distrusted him. They could not place confidence in Charles, and in those days the wishes and character of the king were more important than those of the minister. Whatever might be the sentiments of Danby, he had shown himself a subservient follower of the court; and had made himself fairly responsible for doings which he disapproved.

It was natural that Danby should be opposed by Russell, by Cavendish, and all whom, anticipating a little, I will denominate whigs. But personal jealousy and political hostility now united against him the most

* Coleman's Letter. Parl. Hist. iv. lxxxvii.

+ Lords' Journ. xii, 661. Commons', ix. 317. 320. Lingard, xii. 812

heterogeneous opinions and characters. He had new enemies, from the centre of the Cabal itself. Not only Shaftesbury, who had, even when in office, shown symptoms of disaffection to the court, but Buckingham, quite reckless of consistency, joined in the opposition, to a government, of which the main fault was, that it too nearly resembled his own.

The combined leaders were neither fair nor judicious in their mode of attack. Taking little notice of his more acceptable doings, and allowing no time to see what measures the minister might propose in parliament, they proceeded at once against the treasurer. Within the first fortnight of the session (in which they had addressed for the recall of the English troops from France, and for the dismissal of the duke of Lauderdale,) they embodied their charges against the minister in articles of impeachment. Lord Russell was the ostensible originator of this accusation. He appears to have been put forward on this occasion, as a young man of rank and character, without having made himself master of his subject. "All we give (to the king) is too little when the treasury is managed to set up private men and their heirs. The earl of Danby has acted in it in a high and arbitrary manner, and disposed of the treasure as he pleased; and has publicly declared at the treasury, that a new proclamation is better than an old law."*

Upon these unsupported accusations, this young nobleman moved, that lord Danby should be removed from his employments, and an impeachment drawn against him. The details of the accusation were conducted by others. Sir Samuel Barnardiston † presented the articles (seven in number), and Mr. Powle was the principal speaker in support of them.

Lord Danby was charged with perverting the ancient practice of the exchequer, by causing a portion of the

*Parl. Hist. iv. 688.

Article i.

+ P. 693.

revenue to be paid and accounted for, without passing through that court of multiplied checks; by which means he obtained the disposal of large sums, without the cognizance of the chancellor of the exchequer, and without record. This he effected, chiefly, by a royal patent obtained by himself, directing the excise moneys to be paid to a particular cashier, and then to be paid, either into the exchequer or otherwise, as the lord treasurer might direct. The inference was, that a part of the treasure was misapplied to personal and corrupt purposes.*

Another money charge † imputed to Danby the receipt of large sums from unnamed sources, besides the

exchequer revenue, “ which had been wastefully spent ;" and the issue of unprecedently large sums for secret service, while the king's debts remained unpaid, the stores unfurnished, and the navy unrepaired. He was also charged with "stopping the legal payments due in the exchequer ;" and "procuring great gifts and grants from the crown, whilst under great debts, by warrants signed by himself." §

Some of Lord Danby's colleagues expressed, on his part, a readiness for inquiry. But he was defended against the pecuniary charges by Mr. Garraway, one of the leaders of the popular party. This is, I presume, one of the circumstances from which the "high bribing" of Danby is inferred. But, apparently, not only was no evidence brought, but no facts were alleged, in support of the charges. Powles was the only member who stoutly maintained the accusation, and his facts were confined to the excise patent, already mentioned. Of this matter a satisfactory explanation was subse

* In investigating this charge, it was proposed to vote that "the patent is illegal, and contrary to the course and constitution of the exchequer ;" and a curious incident in parliamentary practice-the question was so amended by the treasurer's friends as to leave it simply, the patent is." This occurrence has been fastened upon as a trick and subterfuge. (Examination of the earl of Danby's case. Danby's Memoirs, p. 72.) It was, probably, by a mere omission, that after the sense of the house had been taken, the journals were not formally discharged of the main question. + Article iv.

+ Article iii.

§ Article vi.

quently given*; and Garraway very fairly urged the amount of the exchequer receipts, as a proof that no material part of the revenue was irregularly anticipated.

A Mr. King asserted "that Danby had done good service in the treasury in paying of the navy and army;" and historians have generally admitted Danby's merit in this respect. Sir Charles Harbord made a somewhat

In

remarkable speech : — "He had had the honour to serve the king under seven or eight lord treasurers; by the duty of his place he is to advise with all things relating to the revenue; he has endeavoured all the time to save the treasury, but sees he cannot do it. So far as he has been acquainted with the lord treasurer, he has not found his understanding defective in it, and has wondered at it, that a young man† and a country gentleman should understand it so soon. this business he would go as faithfully and as truly as any man; as he had charity for the gentleman that brought in these articles, so he knew many of these things to be otherwise. Would have you view the state of the revenue first, and, if proper, then would enter into the merits of the cause: he can disprove many of these things alleged." I know not what office this gentleman held in the department. The reference to his unsuccessful endeavours to save the treasury, however unintelligible now, is supported, but not explained, by a speech of colonel Birch, "that the treasury is gone is certain, but as to the treasurer's being in fault, he hopes he will come out purified like gold.”

Another ground of attack may be attributed to the gradual change which was now taking place, though not

* Kent, who had a charge, as a creditor, upon the excise, was also re. ceiver of the customs. The receivers of the excise, James and another, were also paymasters of the army, and were to be supplied out of the customs; but properly, as I presume, nct until the receipts had been paid into the exchequer. Kent had therefore to pay money destined for James, and also to receive money from him. It was arranged that a transfer should take place without the intervention of the exchequer; with the view, I apprehend, of securing to Kent what was due to him from the excise. See Danby's Memoirs, p. 198.

+ Acccording to my computation, Danby was forty-three at the time of his appointment.