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 could 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 advantage which he might derive from a writ of error, he should be set at liberty. Whether the bond should he 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 background.[1]
- ↑ 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 prasent 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."
