‘Silver-tongued’ Finch had enjoyed a notable career as both a barrister and Member of the Commons before being rewarded with a peerage in 1703. A member of the numerous and well-connected Finch clan, he usually followed the lead of his older sibling, Nottingham, although he was not averse to treading his own path on occasion. He was the more able to do so in part thanks to inheriting a substantial fortune from his father-in-law, which brought with it an interest in Maidstone to add to the interest he already enjoyed in Surrey. A significant contributor to the high Tory faction within Parliament, Finch was respected both as a legal expert and effective orator but seems not to have inspired much personal affection.
Much of the animosity towards Finch stemmed from the memory of his controversial activities as solicitor general and, particularly, for his role in securing the convictions of William Russell‡, Lord Russell, and Algernon Sydney‡, in 1683, though he later made up for this in part by his defence of the Seven Bishops. He was also one of those legal experts consulted by the provisional government in the winter of 1688.
By the close of William’s reign, Finch’s interest had been reinvigorated. The marriage of one of his daughters to William Legge, 2nd Baron (later earl of) Dartmouth, extended his influence, as did his inheritance of his father-in-law’s Kentish estates, though his appointment as one of the executors of William Savile, 2nd marquess of Halifax, proved to be a more troublesome responsibility.
Guernsey attended the prorogation day of 4 Nov. and then took his seat in the House at the opening of the new session on 9 Nov., after which he was present on approximately 85 per cent of all sitting days. In advance of the session he was forecast by Charles Spencer, 3rd earl of Sunderland, as a likely supporter of his brother Nottingham’s beloved project: the bill for the prevention of occasional conformity. A second forecast later that month repeated this assessment and he voted as expected in favour of adopting the measure in the division held on 14 December. The same day he entered two dissents, first at the resolution not to give the bill a second reading and second at the resolution to reject it. He then registered a further dissent on 14 Jan. 1704 at the decision to reverse the judgment in the cause Ashby v. White. Guernsey proceeded to enter a series of dissents during March, the first of them at the resolution to make known the key to the ‘gibberish letters’ only to the queen and members of the committee examining the ‘Scotch Plot’. On 16 Mar. he registered two more dissents in response to resolutions concerning the replacement of certain of the commissioners for public accounts. On 21 Mar. he entered his dissent from the failure to give a second reading to a rider to the bill for raising recruits for the army and marines; he then subscribed the protest at the passage of the bill without the desired amendment. Four days later, he entered two further dissents at the resolution that the failure to censure Ferguson amounted to an encouragement to the enemies of the crown. Guernsey’s name was included by Nottingham in a list he drew up in 1704 which may indicate support for him over the ‘Scotch Plot’.
Following the close of the session, Guernsey hosted his son-in-law, Dartmouth, at his seat in Kent.
Guernsey was listed in an analysis of the peerage compiled in the spring of 1705 as a Jacobite. The identification was almost certainly wrong but such a perception may have contributed to a disappointing run at the polls for those connected with him in the elections held that year. In May it was noted that his ‘bosom friend’ Morgan Randyll‡ had been defeated at Guildford, a seat Morgan had held for the past 15 years. Guernsey’s son and namesake, Heneage Finch, was similarly unfortunate at Maidstone, where he was unseated in spite of an earlier prediction by Robert Harley, later earl of Oxford, that both sitting members appeared to be safe.
Guernsey took his seat at the opening of the new Parliament on 25 Oct. 1705, after which he was present on 40 per cent of all sitting days. On 30 Nov. he entered his dissent at the failure to give any further instructions to the committee of the whole House considering the bill for securing the queen’s person and the Protestant succession. On 3 Dec. he subscribed two protests against the bill, objecting to the failure to give second readings to riders that sought to protect certain pieces of legislation from the future interference of lords justices; he then subscribed a third protest at the passage of the bill. Three days later he voted against the resolution that the Church was not in danger. He signed a protest against it when the resolution was carried in the affirmative. On 9 Jan. 1706 he voiced his dissent at a judgment in favour of Simon Patrick, bishop of Ely, concerning a property dispute but, unable to secure a seconder, the dissent was not recorded.
Guernsey took his seat in the ensuing session on 3 Dec. 1706, after which he was present on almost 69 per cent of all sitting days. In February 1707 he was involved in a case in the court of delegates.
Guernsey, who had rarely if ever attended council meetings, was one of several individuals removed from the council on 20 May 1707.
Following the close, Guernsey was noted as a Tory in a list assessing the political affiliations of members of the House of Lords. He took his seat in the new Parliament on 26 Nov. 1708, after which he was present on a little over two-thirds of all sitting days. Closely involved with co-ordinating a rapprochement between his brother and some of the Whig members during the session, on 2 Dec. he reported to Nottingham the latest proceedings concerning the petition of several of the Scots representative peers against the election results, though he did so from second hand as he was confined to his house with a cold at the time. Guernsey compiled a further report for Nottingham six days later, and on 27 Dec. he wrote to Nottingham again advising him that ‘the trust of Lord [Halifax Charles Montagu, Baron Halifax] requires a meeting’ and undertaking ‘when I go to town I will do what I can’.
Guernsey attended the prorogation day on 23 June 1709. The following month Lawrence Hyde, earl of Rochester, announced his intention of waiting on Guernsey and Dartmouth, perhaps as part of an effort to shore up a Tory alliance.
Here I am, and here I declare, that the Doctor is so far from being criminal in this point, that I challenge every lord, now sitting in judgment upon him, to prove resistance lawful. For at the same time he does assert it, I will charge him, and impeach him of high treason against the Queen.G. Holmes, Trial of Dr Sacheverell, 200, 211, 220; Lord Guernsey’s Speech on Passing Sentence on Dr Sacheverell (1710).
Guernsey subscribed two protests that day, first against putting the question whether the Commons had made good the first article against Sacheverell and second against the resolution that the first article had indeed been established. The following day he protested against the resolution that the Commons had been similarly successful in making good the subsequent articles of the impeachment. Guernsey’s spirited defence of Sacheverell proved singularly ill-considered and he managed to offend the queen with his apparent renunciation of the Revolution.
the question, as stated, was not fit to be put in Westminster Hall, because it would subvert the constitution of Parliament, and preclude the peers from their right of giving their judgment, both of the fact, as well as of the law.
He moved instead that the first part of the question, which stated that the Commons had made good articles against the doctor, should be dropped, and proceeded to engage in further debate with Thomas Wharton, marquess of Wharton, as to the nature of the Lords’ role in the impeachment proceedings, insisting that ‘every particular lord was in himself both judge and juror too’. His argument attracted the attention of John Somers, Baron Somers, who as forcefully argued against Guernsey’s conclusions. Guernsey then subscribed the protest at the resolution to limit the peers to a single vote of guilty or not guilty. Unsurprisingly, Guernsey found Sacheverell not guilty of the articles against him on 20 Mar., entering his dissent at the resolution to pass the articles the same day. The following day he dissented once more from the Lords’ resolution to censure Sacheverell. Within days of the verdict Guernsey’s was one of several speeches available in print and being touted on the streets of London.
The advent of the new ministry headed by Harley and Charles Talbot, duke of Shrewsbury, temporarily sundered Guernsey from Nottingham. Guernsey was among the first to wait on Shrewsbury to congratulate him on his return to office, but he was unsuccessful in his efforts to convince Nottingham to do likewise. His action no doubt encouraged Harley to include Guernsey’s name in a memorandum in July of potential office holders in the new ministry; the same month it was rumoured that Guernsey would replace Lewis Watson, 3rd Baron (later earl of) Rockingham, as lord lieutenant of Kent.
In spite of such developments, Guernsey appears to have continued to struggle to exert his interest at a local level. He was again busy in keeping Nottingham informed of developments in the electoral contests.
Although Guernsey continued to be noted by Harley as a likely supporter of the new ministry in October, the same month Shrewsbury warned that the state of the House of Lords remained poor and that unless something more was done to win over Guernsey and Nottingham they would remain ‘cool’ towards the new administration.
In February 1711 Guernsey was one of a number of peers to offer his interest to Sir Thomas Cave‡, who was seeking election for Leicestershire following the succession of the former member, John Manners, to the dukedom of Rutland.
By the beginning of the new session at the end of 1711, Guernsey’s already uncertain relations with the ministry had deteriorated further over the progress of the peace negotiations. Having taken his seat at the opening of the session on 7 Dec., the following day he was included among those expected to divide against the ministry and support the presentation of the address insisting on ‘No Peace without Spain’. Although he proceeded to vote with the ministry over the issue of the address, he resolved subsequently to switch his support to the opposition over the measure following a report from committee, arguing that it would be unparliamentary to attempt to alter something that had been approved by the House.
By the beginning of 1712 Guernsey had all but forsaken the ministry and was deeply involved with the new alliance of Junto peers with Nottingham and other high Tories. On 26 Feb. he and Nottingham were active in the House speaking in favour of minor amendments to the abjuration bill, though it was eventually concluded against them.
Guernsey was present on six of the days between July 1712 and March 1713 on which Parliament met to be prorogued. In that month his son-in-law, Benson, wrote to Oxford advising him to invite Guernsey to a meeting to be held the following day in the hopes that it might placate Nottingham. By then, however, both men had moved decisively into opposition.
In July 1713, towards the close of the session, the vestry of St Margaret’s Westminster proposed approaching Guernsey to become a vestryman, only for the new dean (Francis Atterbury, bishop of Rochester) to warn them of the perils of bringing peers in and to remind them that the last time they did so they were soon afterwards faced with the influx of poor Palatines. Atterbury’s attitude, unsurprisingly, caused Guernsey considerable annoyance. The affair appears to have been connected with Atterbury’s thwarted efforts to secure the passage of a new excommunication bill, for which he had hoped to gain the support of both Guernsey and Nottingham.
Guernsey returned to the House at the opening of the new Parliament on 16 Feb. 1714, after which he was present on almost 58 per cent of all sitting days. On 11 Mar. he proposed that a phrase should be added to the address to the queen seeking out the author of the scurrilous pamphlet, The Public Spirit of the Whigs, published anonymously by Jonathan Swift, declaring that ‘the author would have it believed that he was a person that was in the secrets of her majesty’s administration.’
Guernsey took his seat on the second day of the brief session that met shortly after the queen’s death, after which he was present on a further nine days. On 13 Aug. he was entrusted with the proxy of John Carteret, 2nd Baron Carteret (later earl of Granville). The queen’s demise finally offered Guernsey and Nottingham the prospect of a return to office. In October Guernsey was appointed chancellor of the duchy of Lancaster as well as being promoted in the peerage as earl of Aylesford. In December he joined with Rutland and his brother in seeking to unseat Sir Thomas Cave at Leicestershire, but in spite of the coming together of this ‘vast armado’, Cave successfully fought off the challenge and retained his seat the following year.
A lifetime’s service in the law and politics seems not to have left Aylesford in a particularly strong financial situation and in his will he excused his inability to confirm to his wife the £1,000 per annum jointure to which she was entitled by their marriage articles. In place of this, he conveyed to her all his estate real and personal, trusting to her goodness to make suitable provision for his unmarried children. He was succeeded in the peerage by his heir, Heneage Finch, previously styled Lord Guernsey, as 2nd earl of Aylesford.
