The History of England, from the Accession of James II — Volume 2

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. One of his kinsmen 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 mentioned 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. 267 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. 268

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 invested the perlieus 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 drawingroom 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. The 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 tittered: 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 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 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 background. 269

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 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 amass. 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 shameless of harlots, and whose public life, to those who can look steadily through the dazzling blaze of genius and glory, will appear a prodigy of turpitude, believed implicitly in the religion which he had learned as a boy, and shuddered at the thought of formally abjuring it. A terrible alternative was before him. The earthly evil which he most dreaded was poverty. The one crime from which his heart recoiled was apostasy. And, if the designs of the court succeeded, he could not doubt that between poverty and apostasy he must soon make his choice. He therefore determined to cross those designs; and it soon appeared that there was no guilt and no disgrace which he was not ready to incur, in order to escape from the necessity of parting either with his places or with his religion. 270

It was not only as a military commander, high in rank, and distinguished by skill and courage, that Churchill was able to render services to the opposition. It was, if not absolutely essential, yet most important, to the success of William's plans that his sister in law, who, in the order of succession to the English throne, stood between his wife and himself, should act in cordial union with him. All his difficulties would have been greatly augmented if Anne had declared herself favourable to the Indulgence. Which side she might take depended on the will of others. For her understanding was sluggish; and, though there was latent in her character a hereditary wilfulness and stubbornness which, many years later, great power and great provocations developed, she was as yet a willing slave to a nature far more vivacious and imperious than her own. The person by whom she was absolutely governed was the wife of Churchill, a woman who afterwards exercised a great influence on the fate of England and of Europe.

The name of this celebrated favourite was Sarah Jennings. Her elder sister, Frances, had been distinguished by beauty and levity even among the crowd of beautiful faces and light characters which adorned and disgraced Whitehall during the wild carnival of the Restoration. On one occasion Frances dressed herself like an orange girl and cried fruit about the streets. 271 Sober people predicted that a girl of so little discretion and delicacy would not easily find a husband. She was however twice married, and was now the wife of Tyrconnel. Baron, less regularly beautiful, was perhaps more attractive. Her face was expressive: her form wanted no feminine charm; and the profusion of her fine hair, not yet disguised by powder according to that barbarous fashion which she lived to see introduced, was the delight of numerous admirers. Among the gallants who sued for her favour, Colonel Churchill, young, handsome, graceful, insinuating, eloquent and brave, obtained the preference. He must have been enamoured indeed. For he had little property except the annuity which he had bought with the infamous wages bestowed on him by the Duchess of Cleveland: he was insatiable of riches: Sarah was poor; and a plain girl with a large fortune was proposed to him. His love, after a struggle, prevailed over his avarice: marriage only strengthened his passion; and, to the last hour of his life, Sarah enjoyed the pleasure and distinction of being the one human being who was able to mislead that farsighted and surefooted judgment, who was fervently loved by that cold heart, and who was servilely feared by that intrepid spirit.

In a worldly sense the fidelity of Churchill's love was amply rewarded. His bride, though slenderly portioned, brought with her a dowry which, judiciously employed, made him at length a Duke of England, a Prince of the Empire, the captain general of a great coalition, the arbiter between mighty princes, and, what he valued more, the wealthiest subject in Europe. She had been brought up from childhood with the Princess Anne; and a close friendship had arisen between the girls. In character they resembled each other very little. Anne was slow and taciturn. To those whom she loved she was meek. The form which her anger assumed was sullenness. She had a strong sense of religion, and was attached even with bigotry to the rites and government of the Church of England. Sarah was lively and voluble, domineered over those whom she regarded with most kindness, and, when she was offended, vented her rage in tears and tempestuous reproaches. To sanctity she made no pretence, and, indeed, narrowly escaped the imputation of irreligion. She was not yet what she became when one class of vices had been fully developed in her by prosperity, and another by adversity, when her brain had been turned by success and flattery, when her heart had been ulcerated by disasters and mortifications. She lived to be that most odious and miserable of human beings, an ancient crone at war with her whole kind, at war with her own children and grandchildren, great indeed and rich, but valuing greatness and riches chiefly because they enabled her to brave public opinion and to indulge without restraint her hatred to the living and the dead. In the reign of James she was regarded as nothing worse than a fine highspirited young woman, who could now and then be cross and arbitrary, but whose flaws of temper might well be pardoned in consideration of her charms.

It is a common observation that differences of taste, understanding, and disposition, are no impediments to friendship, and that the closest intimacies often exist between minds each of which supplies what is wanting to the other. Lady Churchill was loved and even worshipped by Anne. The Princess could not live apart from the object of her romantic fondness. She married, and was a faithful and even an affectionate wife. But Prince George, a dull man whose chief pleasures were derived from his dinner and his bottle, acquired over her no influence comparable to that exercised by her female friend, and soon gave himself up with stupid patience to the dominion of that vehement and commanding spirit by which his wife was governed. Children were born to the royal pair: and Anne was by no means without the feelings of a mother. But the tenderness which she felt for her offspring was languid when compared with her devotion to the companion of her early years. At length the Princess became impatient of the restraint which etiquette imposed on her. She could not bear to hear the words Madam and Royal Highness from the lips of one who was more to her than a sister. Such words were indeed necessary in the gallery or the drawingroom; but they were disused in the closet. Anne was Mrs. Morley: Lady Churchill was Mrs. Freeman; and under these childish names was carried on during twenty years a correspondence on which at last the fate of administrations and dynasties depended. But as yet Anne had no political power and little patronage. Her friend attended her as first Lady of the Bedchamber, with a salary of only four hundred pounds a year. There is reason, however, to believe that, even at this time, Churchill was able to gratify his ruling passion by means of his wife's influence. The Princess, though her income was large and her tastes simple, contracted debts which her father, not without some murmurs, discharged; and it was rumoured that her embarrassments had been caused by her prodigal bounty to her favourite. 272

At length the time had arrived when this singular friendship was to exercise a great influence on public affairs. What part Anne would take in the contest which distracted England was matter of deep anxiety. Filial duty was on one side. The interests of the religion to which she was sincerely attached were on the other. A less inert nature might well have remained long in suspense when drawn in opposite directions by motives so strong and so respectable. But the influence of the Churchills decided the question; and their patroness became an important member of that extensive league of which the Prince of Orange was the head.

In June 1687 Dykvelt returned to the Hague. He presented to the States General a royal epistle filled with eulogies of his conduct during his residence in London. These eulogies however were merely formal. James, in private communications written with his own hand, bitterly complained that the Envoy had lived in close intimacy with the most factious men in the realm, and had encouraged them in all their evil purposes. Dykvelt carried with him also a packet of letters from the most eminent of those with whom he had conferred during his stay in England. The writers generally expressed unbounded reverence and affection for William, and referred him to the bearer for fuller information as to their views. Halifax discussed the state and prospects of the country with his usual subtlety and vivacity, but took care not to pledge himself to any perilous line of conduct. Danby wrote in a bolder and more determined tone, and could not refrain from slily sneering at the fears and scruples of his accomplished rival. But the most remarkable letter was from Churchill. It was written with that natural eloquence which, illiterate as he was, he never wanted on great occasions, and with an air of magnanimity which, perfidious as he was, he could with singular dexterity assume. The Princess Anne, he said, had commanded him to assure her illustrious relatives at the Hague that she was fully resolved by God's help rather to lose her life than to be guilty of apostasy. As for himself, his places and the royal favour were as nothing to him in comparison with his religion. He concluded by declaring in lofty language that, though he could not pretend to have lived the life of a saint, he should be found ready, on occasion, to die the death of a martyr. 273