e 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,