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.
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