with respect as the man who first educed out of 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 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

See Lord Campbell's Life of him.

† 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.

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 havė 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 affronting members of the opposition. The King himself expressed great indignation at the manner in which one of his most distinguished peers had been treated under the royal roof; and Devonshire was pacified by an intimation that the offender should never again be admitted into the palace. The interdict, however, was soon taken off. The Earl's resentment revived. His servants took up his cause. Hostilities such as seemed to belong to a ruder age disturbed the streets of Westminster. The time of the Privy Council was occupied by the criminations and recriminations of the adverse parties. Colepepper's wife declared that she and her husband went in danger of their lives, and that their house had been assaulted by ruffians in the Cavendish livery. Devonshire replied that he had been fired at from Colepepper's windows. This was vehemently denied. A pistol, it was owned, loaded with gunpowder, had been discharged. But this had been done in a moment of terror merely for the purpose of alarming the Guards. While this feud was at the height the Earl met Colepepper in the drawing-room at Whitehall, and fancied that he saw triumph and defiance in the bully's countenance. Nothing unseemly passed in the royal sight; but, as soon as the enemies had left the presence chamber, Devonshire proposed that they should instantly decide their dispute with their swords. This challenge was refused. Then the high spirited peer forgot the respect which he owed to the place where he stood and to his own character, and struck Colepepper in the face with a cane. All classes agreed in condemning this act as most indiscreet and indecent; nor could Devonshire himself, when he had cooled, think of it without vexation and shame. The government, however, with its usual folly, treated him so severely that in a short time the public sympathy was all on his side. A criminal information was filed in the

King's Bench. The defendant took his stand on the privileges of the peerage; but on this point a decision was promptly given against him; nor is it 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 and tenantry. Some days were thus gained: but at last both the Earl and the Sheriff were lodged in prison.

Meanwhile a crowd of intercessors exerted their influence. The story ran that the Countess Dowager of Devonshire had obtained admittance to the royal closet, that she had reminded James how her brother-in-law, the gallant Charles Cavendish, had fallen at Gainsborough, fighting for the crown, and that she had produced notes, written. by Charles the First and Charles the Second, in acknowledgment of great sums lent by her Lord during the civil troubles. Those loans had never been repaid, and, with the interest, amounted, it was said, to more even than the immense fine which the Court of King's Bench had imposed. There was another consideration which seems to have had more weight with the King than the memory of former services. It might be necessary to call a Parliament. Whenever that event took

place it was believed that Devonshire would bring a writ of error. The point on which he meant to appeal from the judgment of the King's Bench related to the privileges of peerage. The tribunal before which the appeal must come was the House of Peers. On such an occasion the court would not be certain of the support even of the most courtly nobles. There was little doubt that the sentence would be annulled, and that, by grasping at too much, the government would lose all. James was therefore disposed to a compromise. Devonshire was informed that, if he would give a bond for the whole fine, and thus preclude himself from the advantages which he might derive from a writ of error, he should be set at liberty. Whether the bond should be enforced or not would depend on his subsequent conduct. If he would support the dispensing power nothing would be exacted from him. If he was bent on popularity he must pay thirty thousand pounds for it. He refused, during some time, to consent to these terms; but confinement was insupportable to him. He signed the bond, and was let out of prison: but, though he consented to lay this heavy burden on his estate, nothing could induce him to promise that he would abandon his principles and his party. He was still entrusted with all the secrets of the opposition: but during some months his political friends thought it best for himself and for the cause that he should remain in the back ground.*

The Earl of Bedford had never recovered from the effects of the great calamity which, four years before, had almost broken his heart, From private as well as from public feelings he was adverse to the court: but he was not active in concerting measures against it. His place in the meetings of the malecontents was supplied by his nephew. This was the celebrated Edward Russell, a man of undoubted courage and capacity, but of loose principles and turbulent temper. He was a sailor, had distinguished himself in his profession, and had in the late reign held an office in the palace. But all the ties which bound him to the royal family had been sundered by the death of his cousin William. The daring, unquiet, and vindictive seaman now sate in the councils called by the Dutch envoy as the representative of the boldest and most eager section of the opposition, of those men who, under the names of Roundheads, Exclusionists, and Whigs, had maintained with various fortune a contest of five and forty years against three successive Kings. This party, lately prostrate and almost extinct, but now

* Kennet's funeral sermon on the Duke of Devonshire, and Memoirs of the family of Cavendish: State Trials; Privy Council Book, March 5, 1685 (6); Barillon, June 30 (July 10), 1687; Johnstone, Dec. 8 (18), 1687; Lords' Journals, May 6, 1689, "Ses amis et ses proches," says Barillon, "lui conseillent de prendre le bon parti, mais il persiste jusqu'à présent à ne se point soumettre. S'il vouloit se bien conduire et renoncer à être populaire, il ne payeroit pas l'amende, mais s'il opiniâtre, il lui en coûtera trente mille pièces, et il demeurera prisonnier jusqu'à l'actuel payement."

again full of life and rapidly rising to ascendency, was troubled by none of the scruples which still impeded the movements of Tories and Trimmers, and was prepared to draw the sword against the tyrant on the first day on which the sword could be drawn with reasonable hope. of success.

Three men are yet to be mentioned with whom Dykvelt was in confidential communication, and by whose help he hoped to secure the good will of three great professions. Bishop Compton was the agent employed to manage the clergy: Admiral Herbert undertook to exert all his influence over the navy; and an interest was established in the army by the instrumentality of Churchill.

The conduct of Compton and Herbert requires no explanation. Having, in all things secular, served the crown with zeal and fidelity, they had incurred the royal displeasure. by refusing to be employed as tools for the destruction of their own religion. Both of them had learned by experience how soon James forgot obligations, and how bitterly he remembered what it pleased him to consider as wrongs. The Bishop had by an illegal sentence been suspended from his episcopal functions. The Admiral had in one hour been reduced from opulence to penury. The situation of Churchill was widely different. He had been raised by the royal bounty from obscurity to eminence, and from poverty to wealth. Having started in life a needy ensign, he was now, in his thirty-seventh year, a Major-General, a peer of Scotland, a peer of England: he commanded a troop of Life Guards: he had been appointed to several honourable and lucrative offices; and as yet there was no sign that he had lost any part of the favour to which he owed so much. He was bound to James, not only by the common obligations of allegiance, but by military honour, by personal gratitude, and, as appeared to superficial observers, by the strongest ties of interest. But Churchill himself was no superficial observer. He knew exactly what his interest really was. If his master were once at full liberty to employ Papists, not a single Protestant would be employed.. For a time a few highly favoured servants of the crown might possibly be exempted from the general proscription in the hope that they would be induced to change their religion. But even these would, after a short respite, fall one by one, as Rochester had already fallen. Churchill might indeed secure himself from this danger, and might raise himself still higher in the royal favour, by conforming to the Church of Rome; and it might seem that one who was not less distinguished by avarice and baseness than by capacity and valour was not likely to be shocked at the thought of hearing a mass. But so inconsistent is human nature that there are tender spots even in seared consciences. And thus this man, who had owed his rise to his sister's dishonour, who had been kept by the most profuse, imperious, and