CHAP. VII. 1687. Notting ham. Earls of Danby and Nottingham. Though more than eight years had elapsed since Danby had fallen from power, his name was still great among the old Cavaliers of England; and many even of those Whigs who had formerly persecuted him were now disposed to admit that he had suffered for faults not his own, and that his zeal for the prerogative, though it had often misled him, had been tempered by two feelings which did him. honour, zeal for the established religion, and zeal for the dignity and independence of his country. He was also highly esteemed at the Hague, where it was never forgotten that he was the person who, in spite of the influence of France and of the Papists, had induced Charles to bestow the hand of the Lady Mary on her cousin. Daniel Finch, Earl of Nottingham, a nobleman whose name will frequently recur in the history of three eventful reigns, sprang from a family of unrivalled forensic eminence. John Finch had borne the seal of Charles the First, had prostituted eminent parts and learning to evil purposes, and had been pursued by the vengeance of the Commons of England with Falkland at their head. A more honourable renown had in the succeeding generation been obtained by Heneage Finch. He had immediately after the Restoration been appointed Solicitor General. He had subsequently risen to be Attorney General, Lord Keeper, Lord Chancellor, Baron Finch, and Earl of Nottingham. Through this prosperous career he had always held the prerogative as high as he honestly or decently could; but he had never been concerned in any machinations against the fundamental laws of the realm. In the midst of a corrupt court he had kept his personal integrity unsullied. He had enjoyed high fame as an orator, though his diction, formed on models anterior to the civil wars, was, towards the close of his life, pronounced stiff and pedantic by the wits of the rising generation. In Westminster Hall he is still men VII. 1687. tioned with respect as the man who first educed out of CHAP. the chaos anciently called by the name of equity a new system of jurisprudence, as regular and complete as that which is administered by the Judges of the Common Law.* A considerable part of the moral and intellectual character of this great magistrate had descended with the title of Nottingham to his eldest son. This son, Earl Daniel, was an honourable and virtuous man. Though enslaved by some absurd prejudices, and though liable to strange fits of caprice, he cannot be accused of having deviated from the path of right in search either of unlawful gain or of unlawful pleasure. Like his father he was a distinguished speaker, impressive, but prolix, and too monotonously solemn. The person of the orator was in perfect harmony with his oratory. His attitude was rigidly erect; his complexion so dark that he might have passed for a native of a warmer climate than ours; and his harsh features were composed to an expression resembling that of a chief mourner at a funeral. It was commonly said that he looked rather like a Spanish grandee than like an English gentleman. The nicknames of Dismal, Don Dismallo, and Don Diego, were fastened on him by jesters, and are not yet forgotten. He had paid much attention to the science by which his family had been raised to greatness, and was, for a man born to rank and wealth, wonderfully well read in the laws of his country. He was a devoted son of the Church, and showed his respect for her in two ways not usual among those Lords who in his time boasted that they were her especial friends, by writing tracts in defence of her dogmas, and by shaping his private life according to her precepts. Like other zealous churchmen, he had, till recently, been a strenuous supporter of monarchical authority. But to the policy which had been pursued since the suppression of the Western insurrection he was bitterly hostile, and See Lord Campbell's Life of him. CHAP. 1687. Halifax. Devonshire. not the less so because his younger brother Heneage had been turned out of the office of Solicitor General for refusing to defend the King's dispensing power.* With these two great Tory Earls was now united Halifax, the accomplished chief of the Trimmers. Over the mind of Nottingham indeed Halifax appears to have had at this time a great ascendency. Between Halifax and Danby there was an enmity which began in the court of Charles, and which, at a later period, disturbed the court of William, but which, like many other enmities, remained suspended during the tyranny of James. The foes frequently met in the councils held by Dykvelt, and agreed in expressing dislike of the policy of the government and reverence for the Prince of Orange. The different characters of the two statesmen appeared strongly in their dealings with the Dutch envoy. Halifax showed an admirable talent for disquisition, but shrank from coming to any bold and irrevocable decision. Danby, far less subtle and eloquent, displayed more energy, resolution, and practical sagacity. Several eminent Whigs were in constant communication with Dykvelt: but the heads of the great houses of Cavendish and Russell could not take quite so active and prominent a part as might have been expected from their station and their opinions. The fame and fortunes of Devonshire were at that moment under a cloud. He had an unfortunate quarrel with the court, arising, not from a public and honourable cause, but from a private brawl in which even his warmest friends could not pronounce him altogether blameless. He had gone to Whitehall to pay his duty, and had there been insulted by a man named Colepepper, one of a set of bravoes who infested the purlieus of the court, and who attempted to curry favour with the government by * Johnstone's Correspondence; Mackay's Memoirs ; Arbuthnot's John Bull; Swift's writings from 1710 to 1714, passim; Whiston's Letter to the Earl of Nottingham, and the Earl's answer. The King CHAP. affronting members of the opposition. All VII. 1687. CHAP. on the privileges of the peerage; but on this point a decision was promptly given against him; nor is it 1687. possible to deny that the decision, whether it were or were not according to the technical rules of English law, was in strict conformity with the great principles on which all laws ought to be framed. Nothing was then left to him but to plead guilty. The tribunal had, by successive dismissions, been reduced to such complete subjection, that the government which had instituted the prosecution was allowed to prescribe the punishment. The Judges waited in a body on Jeffreys, who insisted that they should impose a fine of not less than thirty thousand pounds. Thirty thousand pounds, when compared with the revenues of the English grandees of that age, may be considered as equivalent to a hundred and fifty thousand pounds in the nineteenth century. In the presence of the Chancellor not a word of disapprobation was uttered: but, when the Judges had retired, Sir John Powell, in whom all the little honesty of the bench was concentrated, muttered that the proposed penalty was enormous, and that one tenth part would be amply sufficient. His brethren did not agree with him; nor did he, on this occasion, show the courage by which, on a memorable day some months later, he signally retrieved his fame. The Earl was accordingly condemned to a fine of thirty thousand pounds, and to imprisonment till payment should be made. Such a sum could not then be raised at a day's notice even by the greatest of the nobility. The sentence of imprisonment, however, was more easily pronounced than executed. Devonshire had retired to Chatsworth, where he was employed in turning the old Gothic mansion of his family into an edifice worthy of Palladio. The Peak was in those days almost as rude a district as Connemara now is, and the Sheriff found, or pretended, that it was difficult to arrest the lord of so wild a region in the midst of a devoted household |