'Vii k-w>>^^'i- . m> ■ \ty^- ,-,Nb« m ^hM m:ii' M"ii Vi'mx M m ::i>y,;V;,:.:,o: ■ ,:;. ISJ^ -»- — ■-■ ,."F'. * "T f rr - ' i" -' , - — »— ■vV- -^^ -.r^ A LeTe M A RLE .-. C L U B I!' /'*''*- . Pre s e n t e d BY ^hJ^ slUmJU^ /^/3j!l /? THE LIFE AND CORRESPONDENCE OF PHILIP YORKE LORD CHANCELLOR HARDWICKE IN THREE VOLUMES VOLUME I Works by the same Author: Letters of Princess Elizabeth of England, Daughter of George III and Landgravine of Hesse-Homburg, written for the most part to Miss Louisa Swinburne. T. Fisher Unwin, London, 1898 A Note-Book of French Literature, 2 vols. Blackie & Son, igor, 1904 4tloJtrrifA M ^-rcnii (I be r( rent l>y ^ . S/LiccLi(rrv THE LIFE AND CORRESPONDENCE OF PHILIP YORKE EARL OF HARDWICKE LORD HIGH CHANCELLOR OF GREAT . BRITAIN by PHILIP C. YORKE, M.A. Oxon., Licencie-es-Lettres of the University of Paris And a man shall be as an hiding-place from the wind, and a covert from the tempest; as rivers of water in a dry place, as the shadow of a great rock in a weary land. Isaiah xxxii. 2. O could I flow like thee, and make thy stream My great example, as it is my theme ; Though deep, yet clear ; though gentle, yet not dull ; Strong without rage, without o'erflowing full. Den HAM, Cooper's Hill. VOLUME I Cambridge : at the University Press 1913 CAMBRIDGE UNIVERSITY PRESS ILonUon: FETTER LANE, E.G. C. F. CLAY, Manager eEUinburgt) : loo, PRINCES STREET Berlin: A. ASHER AND CO. ILnpjis: E- A. BROCKHAUS Crijicaao: THE CHICAGO UNIVERSITY PRESS tJombao anD ffntcutta: MACMILLAN AND CO., Ltd. All 7-tghts reserved 1 PREFACE IT may be convenient to preface the present account of the life of Lord Chancellor Hardwicke with a mention of those biographies which have preceded it. It is much to be deplored that his two eldest sons made no | attempt to record their Father's great career. They were well qualified for the task. The second Earl of Hardwicke was a person of ability in letters and of historical insight and knowledge, and of sound political judgment. He had shared his Father's confidence, and was well instructed and informed regarding the political events and secrets of the time ; he knew the part which his Father had taken in them and the motives and aims of his conduct. He could have recorded for us, as he has done in his sketch of Sir Robert Walpole, those personal touches and details which are now wanting. These qualifications were possessed equally by his brother, Charles Yorke, who, moreover, as one of the most learned and the most literary lawyers of the day, one who was actually succeeding his Father in his various offices and who had frequently practised in his court, would have been capable, as no one else can ever be, of describing his judicial methods and the nature of the great developements in equity inaugurated by him. In some ways, however, we have now better means for eluci- dating the facts and better material for forming a right judgment than they had. We have a vast mass of contemporary narrative and correspondence that was denied to them ; while the real nature and results of the statesmanship of those times, and the genius and character of the chief actors, appear much more clearly than in their own day. Moreover, we are able to take a wider view and consider things in a juster proportion than was possible for them. The result, however, has been that scarcely any great figure in history has been handed down to posterity so falsified and misrepresented, or presented in so mean a shape. Lord Campbell was the first, in 1846, to publish a Life of Lord Chancellor Hardwicke. Here was a great opportunity for the production of a biography worthy of the subject. Lord Campbell followed Lord Hardwicke in his great offices of Lord Chief Justice and Lord Chancellor. He had considerable literary vi PREFACE abilities. He was engaged in a great and ambitious undertaking, no less than the series of the lives of the Lord Chancellors, for looo years, from the earliest times to his own ; and in this we I should expect to find the life of Lord Hardwicke, perhaps the greatest of them all, together with his period, the golden age of equity, treated as the crowning glory of the work. It is well known how greatly the anticipations and hopes formed of Lord Campbell's biographies were disappointed. There is probably no book of modern times of equal pretensions that contains so many and such gross errors, and so many base and baseless innuendoes. But of the whole bad series, the life of Lord Hardwicke appears to be the worst. Here are to be found not only the common mistakes of ignorance or negligence, not only the common errors of judgment, but a deliberate picking and choosing amongst falsehoods to which it is astonishing that the author could have condescended. Throughout no one could suppose the narrative to be that of a distinguished judge, trained to weigh evidence and to administer justice and equity, zealous for the honour of his profession and offering to the public the portrait of his greatest predecessor. The consequences have been deplorable. Lord Campbell's work continues to be widely read ; new editions continue to be published, and a number of later writers, misled perhaps by Lord Campbell's great name, continue to copy from his untruthful pages and carry further the false traditions there established. For example, the writer of the most recent account of Lord Hardwicke, that in the last edition of the Eiicyclopcsdia Britannica, has been content to found his article on the same worthless " high " authority, although in the 1 same publication, in the article on Lord Campbell himself, he is warned of the character of Lord Campbell's writings, and in particular that the Life of Lord Hardwicke is amongst his worst productions. Meanwhile George Harris, a barrister of the Middle Temple of some standing, had been preparing a Life of Lord Hardwicke from the family papers at Wimpole, which was published in 3 volumes in 1847, immediately after Lord Campbell's work. The author, however, appears to have been very ill-fitted for the task. He complains too of " not seeing any of the Wimpole papers until so late, then being only allowed a glance of them at Wimpole, instead of having them all before me, and only during the last half-year being allowed to take them away, and then merely a portion at a time'." In the circumstances it is surprising that the ' Aiitobiopaphy, 155. PREFACE vii book was no worse. A number of letters of the highest interest were now published for the first time, which threw new light on many incidents and characters of the period. The material, how- ever, was printed in disjointed portions, mostly without notes or explanations, and formed no connected or intelligible history of the time, still less any portrait of the subject of the biography. Moreover, Mr Harris was a candidate for legal office, and Lord Campbell's errors and misrepresentations were not refuted with sufficient clearness and decision. Such, however, has been the only alternative to Lord Campbell's work, with the exception of the short but excellent account written by Edward Foss, F.S.A., in his Lives of tJie Jjidges, in 1884, and the short notice in the Dictionary of National Biography, which, however, adds little to the facts already extant. An opportunity of writing a complete Life of Lord Hardwicke was first afforded in 1899, when the Hardwicke MSS. from Wimpole, of more than 1000 volumes, were purchased by the Trustees of the British Museum. The Chancellor's correspondence and papers were now first arranged in order and made accessible. At the same time a volume containing the second Earl of Hard- wicke's Parliamentary Journal and other papers, which by some mischance had strayed from the family collection, was in addition acquired. By good fortune, moreover, the MSS. of the Duke of Newcastle had ten years earlier been also deposited in the British Museum, and these two great collections, which supple- ment each other and contain the private correspondence between the Duke and the Chancellor for 30 years, were now for the first time joined together and placed at the disposal of the student of history. These now constitute the greater portion of the present volumes, and are the chief authority for the facts and opinions advanced therein ; and the present author has subordinated and curtailed his own narrative, in order to present the original cor- respondence as fully as possible, except in the chapter on the Chancellor's work in equity. Here it has been sought by gathering up the details into a few, large, clear and fundamental principles to present to the reader a broad and comprehensive, though of course technically imperfect, review of Lord Hardwicke's great work in the Court of Chancery, and to treat it in its personal rather than in its legal aspect, as illustrating his character and the nature of his intellect rather than the principles of law evolved and developed. Besides the correspondence published in Harris's Life of Lord Hardwicke, and already mentioned, some letters of the earlier viii PREFACE period from the Newcastle MSS. were printed in Archdeacon Coxe's works on Sir Robert Walpole, and Henry Pelham, and in his Life of Horace, Lord Walpole, and some few of the later period from the Hardwicke MSS. by Lord Albemarle in the Rockingham JMemoirs. Others will be found in the Chatham Correspondence, in Lord Anson's Life, in the Ciilloden Papers, and elsewhere, and a small series of letters from the Hardwicke MSS. between the Chancellor and Archbishop Herring was printed by the late Dr Richard Garnett in the English Historical Review. The greatest portion, however, of the whole correspondence is now published for the first time, and the whole appears for the first time annotated and systematically arranged. The spelling has been modernised for the sake of convenience, except in the case of a few letters where some interest seemed to be attached to the exact reproduction of the manuscript ; and stops have been added and varied throughout. Abbreviations, especially in the case of proper names, have been extended, but only in those instances when no doubt what- ever existed ; in all others the addition appears within square brackets. Words and passages underlined in the manuscript have not been reproduced in italics except when special emphasis seemed to be intended by the writer, as it was found that the greater part of such underlinings were the work of other hands, generally of the recipient. The years have been dated according to the new style and calendar, reckoning the beginning of the year from the ist of January. Since the present work has been to press, a further volume of Lord Chancellor Hardwicke's papers, numbered Add, 38161, has been fortunately acquired by the Trustees of the British Museum, consisting chiefly of his notes of debates and speeches in the House of Lords, which, however, had already been repro- duced in this biography from other sources. Ph. Ch. Y. 98, Addison Road, London, W. March, 191 3. TABLE OF CONTENTS VOLUME I CHAPTER I PAGE Introduction. The Classical Age i CHAPTER n FAMILY AND ORIGIN Narrative. Families of Yorke — The Yorkes of Wiltshire — Bartholomew Yorke 5 CHAPTER HI SIMON YORKE OF DOVER Narrative. Municipal office — Displaced — Summoned before the Privy Council — Marriage and Death 13 CHAPTER IV FAMILY OF SIMON YORKE AND THE CHANCELLOR'S PARENTS Narrative. Simon Yorke's sons— The Yorkes of Erthig— Philip Yorke of Dover— Marriage to Klizabeth C.ibbon— Edward Gibbon the Historian— Family of Philip Yorke the Elder— His daughters . 23 Correspondence. Family correspondence — Mrs Elizabeth Yorke— Mrs Jones — Misfortunes of Mr Jones— Death of Mr Jones • • • 39 CHAPTER V YOUTH AND EDUCATION Narrative. Education of the younger Philip Yorke — School friends — Enters solicitor's office — Contributes to the Spectator — Friends at the Par 48 Correspondence. Party Government— Religious freedom ... 58 PAGE X TABLE OF CONTENTS CHAPTER VI BARRISTER Narrative. Early success— Coke upon Littleton in verse— Enters Par- liament—Marriage—Appointed Solicitor-General .... 02 CHAPTER Vn SOLICITOR-GEN ERAL Narrative. Political state— Crown prosecutions 72 Correspondence. Jacobites in Wales 76 CHAPTER Vni ATTORNEY-GENERAL Narrative. Morality part of the Law — Prosecution of the Craftsman — Libel— Prosecution of Lord Macclesfield — Constitutional status of the Colonies — Official opinions — Private ^xaciice—Jtidicial Authority belonging to the M. R. — Acquaintance with Lord Bolingbroke — The Excise Bill — His children— Essays written for his sons — "The Government of the Mind" — Residence 79 Correspondetice. Legal etiquette — Competition for his services — "The Proud" Duke of Somerset — Good wishes from Lord Bolingbroke . 109 CHAPTER IX LORD CHIEF JUSTICE Narrative. Waives claims to the Great Seal — Judicial ofifice and Peerage — Judgments in K. B. — Ecclesiastical jurisdiction — Juries and wit- nesses — Richard Savage — Certainty in the Law — Repression of crime — Foundations of social order — Charges to the Grand Jury- Explosion in Westminster Hall — Judicial independence — Lawyers the Guardians of Liberty — The Seat of Justice a Hallowed Place — The balance of the Constitution — Union — Legislation— Opposes Government measures 116 Correspondence. Trial of Cornwall rioters — Tumults in Herefordshire 152 CHAPTER X LORD CHANCELLOR — THE WALPOLE MINISTRY; 1737— 1742 Narrative. Procession to Westminster Hall— Lord Chancellor and Lord Chief Justice — Quarrel between the King and Prince — Heads the Deputation to the Prince — Proceedings in Parliament— Removal of Princess from the Palace — Private interview with the Prince — Re- monstrates with Walpole — Foretells the future mischiefs — Unsuc- cessful efforts to make peace — The Prince ordered to leave the Palace— The King's Letter— The Porteous Outrage— Jenkins's Ear — Attitude towards the War — Supports the Convention — Divisions in the Cabinet — Peace-maker— Conduct of Admiral Vernon — Oppo- sition attacks -Final assault-The Chancellor's speech — Hano- verian neutrality— Fall of Walpole— Purchase of Wimpole— The Chancellor's P'amily — Eldest son's marriage — Happy circumstances — Great influence 157 TABLE OF CONTENTS xi PAGE Correspondence. Negotiations with Spain — Sarah, Duchess of Marl- borough — Liberty of the press — Expeditions — Visit to Portsmouth — Hanover Influence — Lord Hervey Privy Seal — Uuke of Newcastle's opposition— Duke of Newcastle's jealousies — The Chancellor's Re- assurances—Further Cabinet Dissensions — The Chancellor keeps the Peace— Sarah, Duchess of Marlborough^Hanoverian Interests — Frederick of Prussia — Dissensions in the Regency — Further disputes with Walpole — The King's Remonstrance— Attack on Sir Robert in the Commons — Admiral Vernon's failure — America is not to be given up — Hanover Influence and Walpole — The Chancellor summoned to Town — "America must be fought for in Europe" — The King's desertion of the Great Cause— Military criticism of Admiral Vernon — Hanover neutrality — Duke of Newcastle's opposition — Piidet haec opprobria — Contradictory negotiations — Naval criticism of the army . . . . . . .215 CHAPTER XI THE PELHAM ADMINISTRATION TILL THE BATTLE OF DETTINGEN 1742— 1743 Narrative. Failure of the Opposition — The Pelhams in Power — Chesterfield, Pitt, Carteret — Henry Pelham and Duke of Newcastle — Character of the Duke of Newcastle — The Chancellor's support — Defence of Walpole — The Hanoverian question — The Chancellor's attitude — Battle of Dettingen ........ 278 Correspondence. The Chancellor's advice to Joseph Yorke — Joseph Yorke's accounts from the army — Appeals from the Duke of Newcastle — The army at Ghent — Lord Stair's displeasure — The Chancellor's further advice to his son— Failure at Porto Cabello — Ill-conduct of the troops — Battle of Dettingen — Congratulations . 298 CHAPTER XH THE CONTEST WITH AND DEFEAT OF LORD GRANVILLE Narrative. Recapitulation of events — Treaties of Worms and Hanau — Debate in the Cabinet^Lord Granville overruled — Measures of defence — Forfeiture for High Treason — Lord Granville's conduct — Remonstrance to the King — Lord Granville's resignation . . 318 Correspotidence. Henry Pelham First Lord of Treasury — Treaty of Hanau — Opposition to the Hanover Troops — Contest with Lord Granville — Lord Granville's methods — Anson's Voyage — The armies abroad — Joseph Yorke's Journal — P'rederick renews the war — Plans of campaign — The King's ill-humour — The Chancellor on the state of aff"airs — End of inglorious campaign — -More dissensions — The Chancellor's paper to the King — Unanimously supported — Newcastle contemplates resignation — The Chancellor's support . . . 2*2)1 CHAPTER XHI THE BROAD BOTTOM MINISTRY AND THE BATTLE OF FONTENOV Narrati^ie. Reconstitution of liie Ministry — Lord Holingbroke — Victory of the Pelhams— The Chancellor's audience— The King's ill-humour — Scenes in the closet — Attitude (jf Holland ..... J73 xii TABLE OF CONTENTS PAGE Correspondence. The King's hostility— The Chancellor's remonstrances — Joseph Yorke at Fontenoy — Letters from his parents — The Chan- cellor's vigorous measures— Letters to Capt. Yorke from his brothers —Charles Vanbrugh : he died in his calling— Joseph Yorke's account of the battle— The famous advance — Tactical mistakes — Tears for the Gallant Dead— Joseph Yorke promoted — Despatch of troops to Ostend 3^9 CHAPTER XIV THE REBELLION Narrative. Faction — Chancellor takes measures of defence — Rouses the Country — Thomas Herring, Archbishop of York — Retreat of the rebels — The Ministry of Forty Hours — Discomfiture of Lords Bath and Granville — Culloden — Dawn of the New Epoch . . . 415 Correspondence. Landing of the Young Pretender — Lord Glenorchy — Surrender of Ostend — Progress of the French — Archbishop of York — State of the Highlands — The Young Pretender — Progress of the Rebellion — Failure of Sir John Cope — Intrigues against the Ministers — The rebels enter Edinburgh — Defeat of Cope at Prestonpans — Criticisms — Panic — Faction — Surrender of Carlisle — Marshal Wade's difficulties — Progress of the rebels — Organisation of the pursuit — The rebels at Manchester — Advance to Derby — Retreat — Duke of Cumberland's pursuit — Alarms of an invasion — The pursuit stopped — Fight at Clifton — Siege of Carlisle — Explanation of the stop — Intercepted Letters — Capture of Carlisle — Relief of Stirling — Duke of Cumberland reaches Perth— Resignation of the Ministry- Archbishop of York on the crisis — Discomfiture of Lords Bath and Granville — General Rejoicings — Lord Granville's comments — Sur- render of Brussels — The Duke at Aberdeen — Political state of Scot- land — Military Position — Duke of Cumberland's firmness — Crossing of the Spey — Colonel Yorke at Culloden — Defeat of the rebels- Rejoicings — "Completion of the Great Event" — The value of public peace 434 CHAPTER XV SCOTLAND: DISCIPLINE AND GOVERNANCE Narrative. The Duke's order after the battle — Charges of atrocities — Measures for suppressing the Rebellion —Pains and Penalties . . 530 Correspondence. After Culloden— Romantic Scenery of the Highlands- Measures for suppressing the Rebellion — Disarming — Capture of Murray of Broughton— Applications to the Chancellor— Act for the trial of treason— Atrocities disproved — Ill-treatment of Lord Breadal- bane — Murder of Campbell of Glenure 538 CHAPTER XVI TRIALS OF THE REIJEL LORDS Narrative. Lord High Steward's procession — Lords Kilmarnock, Cro- martie, Balmerino— Lord Steward's speech— The prisoners' crime— The Royal Mercy— Trial of Lord Lovat— Conduct of the Trial — Lord Steward's speech . . . . . . . -559 Correspondence. Fate of Kilmarnock and Balmerino— Lord Lovat's strong box— Trial of Lord Lovat— Murray of Broughton's evidence —"A strange, tough, old Highlander"— Lord Lovat's execution . 575 TABLE OF CONTENTS xiii CHAPTER XVII SCOTLAND: REFORM AND PROGRESS PAGE Narrative. The Chancellor's task — Hereditary Jurisdictions — The Chan- cellor's speech — Abolition of the Jurisdictions — Further legislation — Suppression of Jacobitism in the Church — Union of the two King- doms — The New Scotland 588 Correspofidence. The new laws — Hereditary Jurisdictions Bill — Corre- spondence with the Duke — Correspondence with President Forbes — Duke of Argyll on the Bill — Episcopal orders in Scotland Bill — Gratitude from Scotland — Signs of the new age — Advance in pros- perity — Uniformity of laws 604 CHAPTER XVIII THE PEACE OF AIX-LA-CHAPELLE Narrative. Negotiations — The Chancellor's discourse to his sons — The last Campaign — The Treaty 625 Correspondence. The Convention of Hanover — Lord Chesterfield Secre- tary — Anson's Victory — Battle of Lauffeld — The Retreat — Colonel Yorke's criticisms — The enemy's heavy losses — The Chancellor's inquiries — The King of Prussia — Mission to Berlin — Duke of New- castle at Hanover — Colonel Yorke's mission to Paris — Obstruction from Vienna — Quarrels of the Pelhams — Newcastle's dispute with Sandwich — Progress of the Negotiations — Prince of Wales condemns the Peace — Duke of Newcastle's complaints — The Chancellor's re- monstrances — Newcastle defends his diplomacy — Henry Pelham's ill-humour — The Treaty made — Duke of Newcastle's triumph — The question of Hostages — Further Quarrels — The Chancellor as Peace- maker 634 ILLUSTRATIONS Sir Philip Yorke, as Attorney-General, from a portrait by Thomas Hudson, with the kind permission of the late J. R. Yorke, Esq., in possession of V. W. Yorke, Esq., of Forthampton Court . . . frontispiece of vol. 1. Sketches al the trial of Lord Lovat, of the Lord High Steward, the prisoner, and other figures, by William Hogarth, from the original at the British Museum to face p. 574. ABBREVIATIONS USED IN THIS WORK Add. = Additional MSS. in the British Museum. Almon=John Almon, Anecdotes of the Earl of Chatham (i793)- Ambler = Reports of Cases in Chancery by Charles Ambler (1828). Andrews = Reports of Cases in the King's Bench by G. Andrews (1792). Annaly = Cases in the Court of King's Bench by John, Baron Annaly (1770). Atkyns = Reports by J. T. Atkyns (i794)- Barnardiston = Reports of Cases in Chancery ( 1 742) and Reports of Cases in the King's Bench (1744) by T. Barnardiston. Bedford Corr. = Correspondence of John, fourth Duke of Bedford (1842). BuckinghamshireCorr. = Buckinghamshire Correspondence (Royal Hist. Society, 1900). Caldwell Papers = Caldwell Papers (Maitland Club, 1854). Campbell = Lord Campbell's Lives of the Chancellors (1846). Chatham Corr. = Correspondence of the Earl of Chatham (1838). Chatham MSS. = Collection of Chatham MSS. in the Record Office. Comyns = Sir J. Comyns, Reports ed. by S. Rose (1792). Cooper = C. P. Cooper, Chancery Miscellanies (1850), Brief Account of the Court of Chancery (1828). Cox = S. C. Cox, Cases in the Court of Equity (1816). Coxe's Pelham = W. Coxe, Memoirs of Henry Pelham (1829). Coxe's Walpole = W. Coxe, Memoirs of Sir Robert Walpole (1798). Coxe's Lord Walpole = W. Coxe, Memoirs of Lord Walpole (1808). Cunningham = Reports of Cases in the King's Bench by T. Cunningham (1766). Dickens = John Dickens, Reports of Cases in Chancery (1803). Diet. Nat. Biog. = Dictionary of National Biography. Dodington's Diary = G. Bubb Dodington, Diary (1809). Douglas = S. Douglas, Reports (1813-31). Durnford and East = C. Durnford and E. H. East, Reports (1787 etc.). Eg. = Egerton MSS. in the British Museum. Eonblanque = J. F. Fonblanque, Treatise of Equity (1812). Glover's Mem. = R. Glover, Memoirs (1814). H. = Lord Chancellor Hardwicke, except in references, when H. = the Hardwicke MSS. in the British Museum, namely Add. MSS. 35349- 36278, numbered by vols., and in the signature of notes, when H. = the second Earl of Hardwicke. Harl. = Harleian MSS. in the British Museum. Harl. Soc. = Publications of the Harleian Society. Harris = G. Harris, Life of Lord Chancellor Hardwicke (1847). Hervey = John, Lord Hervey, Memoirs of the Reign of George II (1884). Hist. MSS. Comm. = Historical MSS. Commission Reports and Appendices. Holdsvvorth = W. G. Holdsworth, History of English Law (1903). Kenyon, L., Lord Kenyon, Notes of Cases in K. B. (1819). Kent, Commentaries = James Kent, Commentaries on American Law (1858). Kerley=D. M. Kerley, Sketch of the Court of Chancery (1890). Leach, Modern=T. Leach, Modern Reports (1793 etc.). Malmesbury Corn (1870) = Series of Letters of the first Earl of Malmesbury. A BBRE VIA TIONS xv Marchmont Papers = Sir G. Rose, Marchmont Papers (185 1). N. = Duke of Newcastle, except in references, when N.=the Newcastle MSS. in the British Museum, namely Add. 32686-32992, numbered by vols. ; see calendar (1882-7), pp. 239-250. N.S. = new style (of the calendar). Nichols, Lit. Anec. =J. Nichols, Literary Anecdotes of the i8th century (1812 etc.). Nichols, Lit. Illustrations = J. Nichols, Illustrations of the Literary History of the i8th century (1817 etc.). O.S. = old style (of the calendar). P.O. = Probate Office. Parkes = Joseph Parkes, History of the Court of Chancery (1828). Pari. Hist. = W. Cobbett, Parliamentary History of England (1806 etc.). Peere Williams = W. Peere Williams, Reports (1826). Phillimore = R. Phillimore, Memoirs of Lord Lyttelton (1825). Pol. Corn F.'s = Politische Correspondenz Friedrichs des Grossen (1879 etc.). Price = George Price, Reports (1816 etc.). R.O. = Record Office. Ram = James Ram, Science of Legal Judgment (1871). Raxis de Flassan = Raxis de Flassan, Histoire Generate (181 1). Ridgeway = W. Ridgeway, Reports of Cases in the King's Bench and Chancery (1794)- Rockingham Mem. = G. T. Keppel, Earl of Albemarle, Memoirs of the Mar- quess of Rockingham (1852). Ruville = A. V. Ruville, Life of Pitt (Eng. Trans. 1907). S. P. = State Papers. Salkeld = W. Salkeld, Reports (1731 etc.). Schaefer = A. D. Schaefer, Geschichte des Siebenjahrigen Kriegs (1867-74). Snell = E. H. T. Snell, Principles of Equity. Spence = George Spence, Equitable Jurisdiction (1846-9). Stanhope, Hist, of England = History of England by Lord Mahon (1839). Stephen = J. F. Stephen, History of the Criminal Law (1883). Story = J. Story, Commentaries on Equity (1892). Stowe = Stowe MSS. in the British Museum. Strange = Sir John Strange, Reports (1755). .Swanston = C. D. Swanston, Reports (1821-7). Thackeray = F. Thackeray, History of the Earl of Chatham (1827). Turner and Russell = G. Turner and J. Russell, Reports (1832). Vernon = T. Vernon, Cases in Chancery (1828). Vesey = Francis Vesey, Cases in Chancery. Waddington = R. Waddington, La Guerre de Sept Ans (1899). Walpole's Letters = Letters of Horace Walpole (Toynbee, 1903). Walpole's George n = Horace Walpole, Memoirs of the Reign of King George 11(1847). Walpole's (jeorge 111 = Horace Walpole, Memoirs of the Reign of King George 111(1894). Walpoliana = Walpoliana by Philip Yorke, second Earl of Hardwicke (1783). West = M. J. West, Reports of Cases in Chancery (1827). White and Tudor = White and Tudor (Snow), Leading Cases in Equity (1897). N.B. The MS. notes, mostly of the second Earl of Hardwicke, arc marked with asterisks, etc., those of the present author with numbers. LIST OF ERRATA p. I, 1. I, for is included read axt. included. P. 71, I. %for St Cas read St Cast. P. 84, par. 2, 1. iTtfor Fazerkerly read Fazakerley. P. 157 note 3,/cr Fazarkerley read Fazakerley. P. 190 note 3,y^rpp. 320-1 read i^\>. 220-1. P. 197 note %for Pari. Deb. rm^ Pari. Hist. P. 229 note I, /^r third Duke of Grafton n'a^ second Duke of Grafton. P. 253 note 3,/tfr Edgecumbe read Edgcumbe. P. 567, 5 II. from bottom, /(7r ancestor rm^ ancestors. P. 593 note 2,/(?r p. 172 readVoX. II, p. 173. CHAPTER I INTRODUCTION. THE CLASSICAL AGE The eighteenth century, the period within which is included the life and career of the subject of this biography, was essentially the age of classical ideals and inspirations, with all that that great word signifies, simplicity, proportion, restraint, dignity. We find it so in every phase and part of the national life at this time. The corner-stone of empire was then laid, without gorgeous ceremonies and without any noisy or oratorical display. Our fore- fathers digged deep the foundations with a firm and steady belief in the future greatness of England and her destiny in the world. The vast fabric grew up under their hands, and later generations have only occupied, or finished off and embellished, what was by them constructed. The striking developements and expansion of the empire in more recent times have only been the natural result and fulfilment of the great sacrifices made, and the splendid triumphs gained, by our ancestors. The first place in the world was won then at the cost of an immense outpouring of life and treasure. The colonies were established, the supremacy in trade was founded, the dominion over the ocean was grasped and main- tained. All this was accomplished without ostentation, self-con- sciousness or self-glorification. To borrow the jargon of the present day, our forefathers did not talk imperially or think imperially, but contented themselves with acting as citizens of a nation destined to rule the world. They were not fully aware perhaps of the greatness of their achievements. At least, we find little of the boastful oratory, which in later times has become a prominent feature in English public life, and which has often proved a substitute for, and not a sign of, real strength and resolute action. Y. I 2 INTRODUCTION In domestic politics it was the same. A religion, which had become in its developements and connections injurious to the natural growth and progress of the empire, entailing as it did a mediaeval, despotic and incapable government at home, and abroad the sacrifice and surrender of the national interests to foreign claims and presumption, had been expelled from the throne and from the national councils and had been obliged to confine itself to the more fitting exercise of its strictly spiritual functions. Besides the exter- mination of this dangerous imperium in imperio, the Revolution, followed by the Act of Settlement, had composed the differences between the various political factions and compromised the claims of the crown and the people. Order, symmetry and dignity, balance in all its parts, which had been violated and destroyed by the Stuarts, were again restored to the state. Security and freedom were maintained at the price of some severity, but never at the cost of justice ; and consequently the waves of Revolution in after years beat upon our shores without breaking in upon the national tranquillity or disturbing the national developement. In the literature of the i8th century we find the same reserve, dignity and repose that are noticeable in the national character. In spite of some hostile criticism, the result of listening too much to the strained notes and self-conscious outpourings of modern times, there are no greater triumphs in letters than Swift's brilliant and virile prose, Addison's polished elegance, Johnson's gravity and dignity, Burke's eloquence, Gibbon's majestic paragraphs or Gray's inspired elegy. Each was a master of his art and striking and original in his own way, and each possessed the same classical qualities characteristic of the spirit of the age. The speeches of public men, judging even by the mutilated fragments which have come down to us, were distinguished by a restrained but impassioned eloquence and by a nobility of style which recalled, and even surpassed, the orations of the Greeks and Romans ; and it is a sign of the total unconsciousness by our forefathers of their own greatness, already noted, that while the declamations of Demosthenes and Cicero are extant as complete as when they were delivered, those of Chatham and of Murray only remain in fragments gathered up by a chance hearer. It was an age of great Bishops and Divines, men of eloquence, of learning and of impressive character. The religion of the time, indeed, has often been depreciated ; the general coldness of spirit has been remarked, the want of enthusiasm, the secularity of the THE CLASSICAL AGE 3 clergy and their neglect of professional duties. But there is a simple and restrained piety which may escape the eye of the hasty and superficial observer, absorbed in the statistics of attendances, of confirmations, and of sums subscribed for church purposes. The religion of the i8th century was of this kind. It was not a separate profession but a part of the ordinary existence of the individual, and therefore apt to pass unnoticed by the historian. It was limited perhaps on its intellectual, and reserved on its emotional side, and devoid of exterior ornament, but faithful in the perform- ance of the simpler religious duties, and genuine, ardent and powerful as a rule of conduct. We find the same classical qualities in the realm of art, in the dignified and striking portraits of the period, in the simple but finely moulded silver work, in the unpretending, useful but beauti- fully shaped furniture, and in the architecture, especially of the domestic kind, which now, combining practical utility, simplicity, dignity and restraint with originality, interpreted the classical spirit of the times and the national character amidst the national scenery. In music the spirit of the times is perhaps still more apparent. The divine but restrained melodies of Handel, his broad and simple harmonies, the vigour and clearness and smoothness of the developement of his subjects, his grand massing of effects and the certainty of his cadences give voice to the classical inspiration in its fullest and greatest perfection. In whatever direction we may turn our observation we find the same tone and feeling existing through all the various spheres of national life. Its manifestation is different and varies in form according as it appears in politics, in art, in letters or in religion, but everywhere it is the same spirit. Thus in a piece of Georgian silver work which fully satisfies the artistic desire by its simplicity and purity of outline, without the help of elaborate ornament, we may see the type of the religion or of the literature of the period. We can find enshrined and embodied for succeeding ages in the architecture of the country houses the solid qualities, the absence of ostentation, the simplicity and dignity of the domestic life of our forefathers, while the Handelian melodies and massive choruses seem to give voice, not only to the depth of English religious feeling of that day, but also in some way to the strength of the national character in all its aspects. The great Judge and Statesman whose life and character arc 4 INTRODUCTION now to be described, was preeminently himself an embodiment of this classical spirit so characteristic of his century. This is to be seen equally in his political and legal career, and also in his private life. In all these spheres we find that " Certainty" and " Repose" which, according to his own words, constituted the standard of perfection in Law, carried as ideals also into affairs of state, mani- fested in his family life, bound up with his personal character and even reflected in his outward appearance. It is therefore a great classical figure in English history, combining and embodying the best and most characteristic qualities of the time, which it is our task to describe here. CHAPTER II FAMILY AND ORIGIN The family history of a great man, even long before he himself appears, must always form an important part of his biography. The family is the basis and beginning of everything that has to do with man. It is not only the foundation stone of the social organisation but it is also the cradle of the individual life. The greatness and permanence of the influence which have parents and early surroundings in moulding the character and directing the developement of the child is too well known to need remark. The influence of remoter ancestors is much less apparent and direct but, as the progress of scientific observation tends to show, no less certain. It would be difficult again to overrate the moral influence, as apart from the inheritance of physical and intellectual qualities, of ancestry. The absence in the family of any standard of domestic or public duty, intellectual effort or of greatness in any of the spheres of life, handed down from father to son through the genera- tions, has inevitably evil results ; in the upper classes tending to stagnation and frivolity and in the lower to idleness and even to crime; while the existence and maintenance of great family traditions create a different atmosphere and brace posterity to pursue more vigorous careers and attain higher achievements. In the case of Lord Hardwicke the materials for such a study, at least as far as his more remote ancestors are concerned, are at present very scanty. There appear to have been three prominent families of Yorke in England, those of Yorkshire and of Wiltshire, and the family to which Lord Chancellor Hardwicke belonged. To these was at one time added the German family of Yorck, counts von Wartenburg, descendants of the famous Prussian general Yorck, who played so great a part in the liberation of Prussia from the Napoleonic yoke. All these four families of Yorke give, or gave, similar arms (for the Wiltshire family is extinct) with 6. FAMILY AND ORIGIN differences. Thus the arms of the Yorkshire family are argent, a saltire azure, with crest, a monkey's head. The Wiltshire family gave argent on a saltire azure an escallop or^ ; the family of Lord Chancellor Hardwicke argent on a saltire azure, a bezant, with a lion's head with bezant for crest ; while the German Yorcks display the same arms as the Yorkes of Yorkshire, but with the crest and motto, nee cupias nee metuas, of the Lord Chancellor^ It sometimes happened that branches of the same family settled in different parts of the country, introduced slight variations into the common armorial bearings^ ; and it might not unnaturally be supposed from the similarity of name and arms in this case that all these families were members of one common stock, separated by the various vicissitudes of life but still springing originally from some common ancestor. Such an inference, however, would be far from a legitimate one. The name, though not a common one, is never- theless not so rare as to give more than di prima facie supposition of relationship. In Lord Hardwicke's own time there were at least two individuals among his own acquaintances, who bore the same name but who could claim no kinship with him. These were Alderman Yorke, of Cambridge, and Sir William Yorke, Chief Justice of Ireland, for a time Irish Chancellor of the Exchequer and a frequent correspondent on Irish affairs. A similarity of arms forms a basis no more secure on which to found a presumption of kinship. It has been the practice of the Heralds for some time past to grant arms already held by a family to persons of the same name but who, however, can show no relation- ship, merely distinguishing the new coat by some insignificant or inconspicuous difference. Lord Hardwicke himself appears at first to have used the same arms as the Yorkshire family. These may be seen at the present day on the tombstone of his father, in old St James's Church, Dover, placed there by his order in 1727. Sir Samuel Egerton Brydges, a relation of the Yorke family through the Gibbons'', and a good authority on heraldic matters, 1 See Sir Thos. Phillipps's pedigree in his Wilts. Collections, Brit. Mus. and arms of John Yorke and Thos. Yorke sheriffs of Wilts, tetnp. Henry VII and Henry VIII, Fuller's Worthies, ii. 458, 459, and of the Yorkes of Hannington, com. Wilts. Visitation of 1623, Harl. 1443, f- 106. "^ See the monument to Gen. Count Yorck von Wartenburg in the Unter den Linden, Berlin. * See below in the case of the Gibbon family, p. 31. ■• See p. 34. FAMILIES OF YORKE 7 writing in the Gentleman s Magazine in 1789^, remarks: "It is observable that the bezant, as a charge upon the saltire, was not used on the hatchment, nor on the tombstone of 1727, nor in the arms painted on the north side of the Middle Temple Hall, when placed there for Sir Philip Yorke (then Solicitor-General) as autumn reader in 1721-." Moreover, there is no bezant in his arms, as Attorney-General, in the chapel of Lincoln's Inn. These arms may have been assumed, as was sometimes the case, without any authority. On the other hand they may have been handed down from father to son; for many ancient arms were, and are, borne and their use justified which have never been registered in the Heralds' College. On the occasion, however, of Sir Philip's attaining the peerage, when the question of arms and supporters was discussed officially, he was advised, as we learn from a corre- spondence with George Anstis, the Garter King of Arms, to petition for the augmentation of the bezant which appears in the centre of the new coat of arms now granted to him, while at the same time the crest of a monkey's head, hitherto borne by him, was exchanged for a lion's^ These arms were always used by him subsequently, and appear in the painted glass in the window of the south recess of the Middle Temple Hall, placed there after his attainment of the peerage. To what extent the similarity of name and arms may prove deceptive finds a striking illustration in the case of the Prussian Yorck family. The famous general himself often alluded to his supposed English origin, and it was believed apparently that a kinship existed both with Lord Hardwicke's and the Yorkshire family. On this supposition he was assisted by Sir Joseph Yorke, ambassador at the Hague and a younger son of the Chancellor, in 1780 when, as a young man, he had incurred the disapproval of the Prussian authorities and had been cashiered from his regiment. Later in 18 14, on returning from a visit to England, he forwarded an account of his family history to the Lord Hardwicke of that day. It was generally supposed that the relationship had been established and on the statue, erected to his honour in the Unter den Linden at Berlin, are reproduced the arms of the English Yorkes of Yorkshire together with the motto and crest of the ' Vol. lix. 584; and Miscellanea GenecUogica &" //eraldiot, ^nd scries, iii. .^08, where these arms are reproduced. * The bezant however has now been added here. 3 H. 237, ff. 217, 270; Add. 36,275 A. 8 FAMILY AND ORIGIN Chancellor. It has now been shown, however, that there is no relationship between the families and that Count Yorck had a strictly German or rather Pomeranian descents No connection, moreover, at least so far as the present writer's knowledge extends, has ever been clearly established between the three English families of Yorke. In the pedigree compiled by Sir Thomas Phillipps-, a descent of Bartholomew Yorke of Calne, the Chancellor's great-grandfather, was supposed from Bartholomew Yorke of Richmond, in Surrey, and of the latter from John Yorke of Twickenham, whose name survives in Yorke House of that place, and through him from John Yorke, temp. Richard II, of West Hagborn, in Berkshire. But great difficulties present themselves in making out these connections. There is no record, further than the middle of the i6th century, of any descendants of this branch of the family, which appears to have ended in the person of Thomas Yorke of Hilthrope, Ramsbury and Twickenham, in 1542, who died without male descendants^ Between the years 1538 and 1540 large sales of land belonging to Thomas Yorke took place and this branch of the family disappears from the county*. In the MS. heralds' visita- tion of Wiltshire of 1565, in the British Museum, there is no Yorke mentioned except in one case where the arms of Yorke of Rams- bury are added in penciP, but these arms appear to have no resemblance to those borne by Thomas Yorke, viz, argent on a saltire azure, an escallop or. It is more likely that the descent of Bartholomew Yorke, the Chancellor's ancestor, was from a younger branch of the same Wiltshire family, sprung, according to Sir Thomas Phillipps's pedigree, from William Yorke, the younger, great-grandson, through a younger line, of John Yorke of West Hagborn, teinp. Richard II, which was settled during the 15th and i6th centuries in Gloucester- shire, appearing towards the end of the i6th century at Hannington, Elcombe, Basset Down and other places in Wiltshire, and which, in 1 Mizffling's Passages from viy Life, tr. by Col. Philip Yorke, 295 n. by the editor ; Droysen's Leben von Graf York v. Wartenburg, i. 5, iii. 498; York by H. Berghaus. ^ Collections for Wilts, in the Brit. Mus. * See his will, 1542, and that of John Yorke, probably his father, in 1512, at Somerset House, Cant. Prerog. ; R.O. Inquisition 36 Henry VIII ; Fuller's Worthies, ii. 458-9. < Harleian Charters Brit. Mus. 80 T, Nos. 82, 83, 84, 85; 78 E 30; R. O. Rentals and Surveys Twickenham, Port. V and ^-^ ; Gairdner's Henry VIII, vol. xiii. I. No. 1079, vol. xiv. p. 2581 vol. XV. p. 380. ■^ Harl. MSS. 888, 5184, 1057, f. 86 b, '•". 1.S65, f. 127. THE YORKES OF WILTSHIRE 9 the heralds' visitation of 1623, gives the same arms as Thomas Yorke of the elder branch above mentioned ^ Tombstones and inscriptions of this family are, or were, to be seen in the churches of Devizes, Edington, Lydiard Tregoze and Hannington-; their names occur in the commission of the peace', and several of their wills exist in the Sarum registry, now at Somerset House, where the testators are variously styled gentlemen, yeomen and husbandmen, and appear to have dwindled in property and importance. It was from this family apparently that Lord Hardwicke be- lieved himself to be descended. William Yorke (i 576-1660)'' of Elcombe, and of Basset Down, brother of Humphrey Yorke of Hannington, who married Anne, daughter of Simon Stampe, was a member of this family and bore the arms of the elder branch already described. His portrait, said to have been painted at the age of 71, in 1649, is in the vestibule at Wimpole. During his lifetime the county was visited by the ravages of civil war and his son Charles Yorke has left the following note con- cerning a painted window erected by him "of his family arms which he enumerates, adding "These arms and many more which I cannot remember were broke by Sir William Waller's^ men, when they lay before Devizes in 1643, when they stript me of all they could find. They are replaced upon a much worse glass and manner this present year 1663 by me Charles Yorke®." These arms were sent to Lord Hardwicke and, since they correspond, are doubtless those now placed in the windows at the west end of Wimpole Church behind the gallery, or else the originals from which these latter were reproduced''. On May 14, 175 1, John Hippesley Coxe of Stone Easton whose grandmother was Susan, granddaughter of the above Charles Yorke, and whose father, John Coxe of the Lye, ' Fuller's Worthies, ii. 458-9; Hail. MSS. 1054, f. 3; 1443, f- 'o^ ; 1165, f. 24; Nichols, Herald atid Genealogist, ii. 293 ; Wilts. Archaeological Mag. ii. 374-5, 379 ; Aubrey and Jackson, Wilts. 181 and plate xvi. ; Sir Thomas Phillipps's Extracts (1854), Brit. Mus. ; Visitation of Wilts, ed. by G. W. Marshall, 26. - I'hillipps, Monmneiital Inscriptions of M^ilts. 70 and 246, and Aubrey and Jackson, Wilts, as above. " Brewer, //enrjy VIII, i. No. 898. •• Aubrey and Jackson, Wilts. 181, from the inscription on his tombstone in which the dates differ slightly from those on his portrait. * Parliamentary general who conducted tlie campaign in Wiltshire and the west in 1643 and commanded at battles of Lansdown (July 5) and Ruundway Down (July 13). Died 1668. ' Communicated by T. E. Yorke, Estjre, of Bewerley, Yorkshire. ^ According to W. Cole (see below) the glass was reproduced from the pedigree sent to Lord Hardwicke and at first placed in the bow window in the Library at Wimpole. lo FAMILY AND ORIGIN had bought Basset Down in 1709 from the Yorke family, which became extinct on the death of Charles Yorke in 1726 without male heirs, wrote: "A considerable estate belonged to... the Yorkes in the county [of Wiltshire] ; a small part remains with me now ; the glass was taken from a chappel of a very old house... near the Devizes, Wiltshire, which was sold by Mr YorkeV This letter was probably addressed to Thomas Prowse, M.P. for Somersetshire, of whom the Chancellor had made some enquiries upon this subject^ and who, according to William Cole, had procured for him a "most curious old pedigree and finely illuminated with about 3 score arms of the York family.... My Lord expressed a great desire to have it, in case it was found that they gave the same arms as he gave, which upon examination proving to correspond, the pedigree was accordingly procured by M"" Prowse for... my Lord Hardwickel" It is perhaps worth noting also that the painted window of family arms, erected towards the end of the i8th century in Marchwiel Church, the place of burial of that branch of the Chancellor's family which was settled at Erthig, in North Wales, is inscribed, "Yorke ex Fam: Yorke of Hannington and Elcomb com: Wilts." One Simon Yorke, who bore the same names as the Chancellor's grandfather — a combination sufficiently uncommon to arrest atten- tion — styled plebei filius, i.e. son of a commoner or yeoman, matriculated at St John's College, Oxford, in 1590, aged 18*, and he is probably identical with the Simon Yorke, vicar of Sutton Benger, Wiltshire, in 1614 and who died there in 1637, leaving a wife, Alice, and a daughter Joana^ Another Simon Yorke, or possibly the same, was tenant of Thomas Baylye in Rowde and Bromham, Wiltshire, before April 1603'^. The fact that these three places are all in the immediate neighbourhood of Calne, in North Wiltshire, together with the other evidence already brought forward, goes some way in corroborating the inscription on the tomb of Simon Yorke, the Chancellor's grandfather, in old St James's Church, Dover, which states that he was the eldest son of Bartholomew Yorke of Calne and that his ancestors belonged to a branch of the Yorke family, long settled in that part of England ' Communicated by T. E. Yorke, Esqre of Bewerley. « H. 243, f. 208. 3 Add. MSS. 5823, f. 137. * Reg. of Univ. of Oxford, vol. 2 ii. 181, x. ' See his will, Somerset Mouse, Archdeaconry, Wilts., and Phillipps's Institutiones Clericorum. « Wilts. Inquisitiones post mortem temp. Charles 1, pub. Wilts. Archaeol. and Nat. Hist. Soc. p. 362. BARTHOLOMEW YORKE ii and then extinct, a statement which, since it dates from a period long after Simon Yorke's death and indeed after that of the Chancellor himself, might otherwise, as embodying a vague family tradition only, not have obtained full credence. The hypothesis, however, which derives the Chancellor's family from the younger branch of the Yorkes of Wiltshire leaves un- fortunately the Bartholomew Yorke of Richmond, on whom Sir Thomas Phillipps's pedigree . mainly depended, without ancestors or posterity. We hear something of him in the nth year of Elizabeth, when recognizances were taken of Bartholomew Yorke of Richmont co. Surrey, gentleman and others for the appearance at the next gaol delivery at Newgate of Anthony Martin, his brother-in-law, gentleman sewer of the Queen's Chamber, and of Thomas Edwards, his servant, in the sums of i^i6o and i^8o respec- tively \ He was married, according to Phillipps's pedigree, in 1556 and was buried in the chancel of Richmond Church. The will of his wife, Joan Yorke, was proved in 1609 but there are no bequests to any of the family of her husband, who had already predeceased her^ Mention, however, is made of her sister Willet as well as of her brother Martyn, and since both these names occur in the will of John Yorke of St Brevells co. Gloucester, yeoman, who died in 1583^ we are probably safe in connecting, though somewhat loosely, Bartholomew Yorke of Richmond with the said John Yorke and with his brothers Walter and Philip Yorke. Another link, between Bartholomew Yorke of Richmond and the elder branch of the Wiltshire family, is perhaps suggested by the suit brought, 19 Elizabeth, by the same Anthony Martyn gent, against Thomas Goddard respecting lands in Aldbourne and elsewhere in North Wiltshire, when the defendant stated that the lands in question were sold at the beginning of the reign of fldward VI to his father by Thomas Yorke, the last survivor, as far as we know, of the elder branch of the family in Wiltshire*. Another point of interest is revealed in the fact that the arms reproduced by Charles Yorke of Elcombe in 1663 and later sent to the Chancellor, besides containing some of the families with which the Yorkes of Wiltshire had intermarried, includes a great many of those allied with the family of Yorkshire. " I find there is a tradi- tion," wrote John Hippesley Coxe, "(but I can find no better proof) ' Middlesex County Records, i. 65, Session Rolls. ^ Somerset House, Cant. I'rerog. ' lb. * Collectanea, 7'opog. and Geneal. vi. 391. 12 FAMILY AND ORIGIN that this family {i.e. of Elcombe) came from the North of England and the alliances in the pedigree seem to countenance it." On the marble gravestone of the said William Yorke of Elcombe, in the nave of the church of Lydiard Tregoze, he is definitely described as "ex equestri familia in agro Eboracensi oriundus,"and elsewhere as of "a knightly Yorkshire family V Further, there exists in the pedigree of the Yorkshire family, a third Bartholomew Yorke, merchant, freeman (1526-7) and chamberlain (1533-4) of the city of York, and member of the guild of Corpus Christi (1525), son of Thomas Yorke, merchant, and grandson of the first Sir Richard Yorke, mayor of the staple in Calais who died in 1498. He married Catherine, daughter of John Thornton, alderman of York-. He was probably the same Bartholomew Yorke who, with his wife Emma, is mentioned in the Yorkshire list of fines as a party to the transfer of property in Kingston upon Hull in 1537^ The establishment of a connection between the Chancellor's family and those of Wiltshire and of Yorkshire would open up a fresh source of interest in his life and would be a striking instance of the rise and fall of a family and of its varying fortunes through all the different periods of English history. It is not improbable, moreover, that a thorough and systematic research, which, however, scarcely falls within the province and plan of the present writer, might make clear the kinship of the three Bartholomew Yorkes of Calne, of Richmond and of York. Passing on to the Chancellor's immediate ancestors, Bartholomew Yorke, his great-grandfather, whose existence and abode at Calne are chronicled on his son, Simon Yorke's tomb at Dover, was buried at Calne on May 3, 161 8, and Margaret Yorke, possibly his wife, on March i, 1622^ Nothing else is recorded till we come to Simon Yorke, the Chancellor's grandfather, around whose name are grouped some local events of interest and whose career forms, as it were, a small stream in the great tide of national history. J Aubrey and Jackson, Wilts. (1862), 181. ■- Freemen of York, by F. Collins (Surtees Society), i. 248, 253; Reg. of Corpus Christi Guild, 206. * Yorkshire Archaeological and Topographical Association, Record Series, ii. 77. * Calne Parish Register. CHAPTER III SIMON YORKE OF DOVER Reading from the inscription on his tombstone already referred to, we learn that " Simon Yorke Es^e was the eldest son of Bartho- lomew Yorke of Calne in Wilts. He was born in March 1605 and was a branch of that name long settled in North Wiltshire, now extinct. They suffered much on account of their loyalty during the Great Rebellion. At that period Mr Simon Yorke left his Native Country and resided at Dover many years. The Lord Chancellor Hardwicke was his grandson and heir-at-law." We hear of him however in Dover as early as March 24, 1641, at which date he was already a resident and took out his marriage license which runs as follows : " Simon Yorke of S. James' in Dover, wine-cooper, ba[chelor], about 33 and Alice Court of S. Andrews, Cant[erbury], V[irgin], about 25 whose parents are dead, at Wingham or Eythorne. Robert Turner of Cant[erbury] woollen draper, bonds[man]. March 24, 1641V' Some members of the family of Yorke in Wiltshire are recorded as delinquents under the Commonwealth^. But Simon Yorke must have left Wiltshire some little time before the actual outbreak of the Civil War in 1642. Further, as becomes clear from subsequent events, he was an opponent, and not a supporter, of the arbitrary government of Charles, and in settling at Dover he found himself in a congenial atmosphere. As one of the Cinque Ports, Dover felt severely the frequent impositions of ship-money. It contained a community of rising merchants who.se trade and fortunes were particularly liable to injury from unsettled government and excessive taxation, and who ' Canterbury Marriage Licenses, ed. J. M. Cowper, 2nd series, p. 1 108. - Calendars of State Papers, Committee for Advance of Money, 1388, 1049; ^'^" 1018. 14 SIMON YORKE OF DOVER would be influenced little by those sentiments of personal loyalty, which kept many of the country gentlemen faithful to the royal cause. In common with the rest of the country, they were alarmed by the supposed leanings of the government towards Roman Catho- licism. But the people of Dover alone had before their eyes a practical object lesson of the misery and ruin occasioned by ecclesiastical bigotry joined to monarchical despotism. The same scenes were now repeated which had been witnessed in the days of Elizabeth. A stream of refugees from France, consisting often of the most worthy, intelligent, and industrious of the inhabitants of that country, escaping from torture, imprisonment and death, poured in upon the shores of Dover\ Deprived generally of most of their possessions, they received a warm welcome from the inhabitants, and sums were collected to provide for their immediate wants. Several congregations established themselves at Dover and the refugees or their descendants were soon to be counted among the most prosperous, useful and law-abiding families of Dover, Canterbury and the surrounding districts ; while the advent of the persecuted but at the same time of the unflinching and unconquered Protestants must have greatly strengthened those Englishmen who in their own country appeared to be just entering into a similar struggle for religious liberty. It is no wonder, therefore, that Dover was one of the first towns in England to declare against the King, while the Castle, which was royalist, was surprised and captured by the Parliament at the very beginning of the war in 1642. The first mention of Simon Yorke in the Records of the Corporation of Dover is his assessment in July 1641 as a "foreigner," or resident who was not a freeman of the town, at the sum of 2 shillings, an amount which appears to be about the average. He rose very soon to municipal influence. From 1644 to 1650 he was "overseer " of St James's parish at Dover and in 1649* one of the sequestrators of the tithes who superseded those implicated in the " insurrection," that is the royalist attempt of the same year to seize the Castle. He obtained the freedom of the town on November 17, 1646^ He was chosen councillor, September 6, ' See the typical narrative of Isaac Minet who escaped to Dover in 1686. Huguenot Family of Minet by W. Minet. ■■' Add. 29,624, ff. 184, 241. » Egerton MSS. 2096, f. 151. Slightly different dates are given in the Book of Freemen at Dover and in the Minutes Book. See also Egerton MSS. 2120, ff. 18, :o, 24. The meaning of the offer of the ;,^5 which was refused, was to show that MUNICIPAL OFFICE 15 1648^ He served on various committees and exercised the office of overseer of the poorl In 1642, 1643, 1648, 1649 he appears as "constable^" of Halvenden and Balls Ward'^ in which capacity the arduous but perhaps not unpleasant duty devolved upon him of obliging all within his jurisdiction to preserve proper decorum and to attend church. Among the Depositions before the Mayor of Dover in I643^ we find that "Symon Yorke, Constable of Halvenden and Balls Ward in the Towne, sworn, complayned that James Hafhon of the Towne, carpenter, on Wednesday last being Fast day, in the forenoone being in the m[ar]ket place and this ex[am]i[n]ant moving him to repaire to church, he the said James called him Jack Strawe, and asked him what he had to doe to examine him and said he would stay there in despite of you and what authoritie you had to be there to w[hi]ch this exa[m]in[an]t said he was commanded by Mr Maior there to attend. Giles Smyth of the said Towne and port, sadler, now also deposed, saieth that he this exa[m]i[n]ant being a watchman on the said fast day, he heard the said Symon Yorke speak to the said James Hamon and others walking under the Courthall to repaire to their Houses or to goe to Church, he the said James Hamon said, how now Jack Strawe, what have you to do to examine me, whereuppon the said Symon Yorke said he was there to ward by Mr Maior's command, and then he the said Hamon said, it was more his own upseekinge than Mr Maior's comand, and used many other crosse words to him." We must hope that such obduracy and disobedience were not common and that the people of Dover in the Halvenden and Balls Ward showed themselves in general amenable to Simon Yorke's godly admonitions. In addition to these responsible public duties he carried on the business of a wine-merchant, being styled invari- ably in the records wine-cooper or merchant. In 1648 he had the great privilege of supplying wine, as a present from the Dover Corporation, to the celebrated Colonel Algernon Sidney, who had been appointed lieutenant of Dover Castle by the Parliament that "the candidate was worthy to hold conversation witli the mayor." Lyon's Hist, of Dover. ' Minutes Book at Dover. ^ Records at Dover. ^ "An officer of a parish or township appointed to act as conservator of the jicace and to perform a nuinljer of public administrative duties in his district." 'I'he Oxford Dictionary. * Dover Records in Brit. Mus. Add. 29,624, f. 157: Depositions before the Mayor at Dover, 172. The entry bears the signature of Sinujn \'orke. 1 6 SIMON YORKE OF DOVER years and it is satisfactory to find, by a later entry of February 20, 1650, that " the hoggeshead of canary... is well approved of." Simon Yorke attended assemblies of the town council and served on various committees during the years 1649 and 1650-, that is, speaking generally, until the establishment of the Common- wealth, but he was absent subsequently till June 21, 1655. His reappearance together with Edward Chambers, another councillor, gave rise to a violent scene in the council room a few days afterwards on June 26, when an attempt was made to prevent their return. " A vote whether Edward Chambers and Symon York now present — formerly of the Common Council for 5 yeares absent and now returning — shall withdraw the house or not. The vote was even thirteene. Mr Maior [Valentine Tatnall] had his negative voyce and gave it that the said Edward Chambers and Symon Yorke shall not withdraw." Upon this several of the councillors "departed the house." Others were sent to "desire their return to the house whereby the house may proceed in the business." But their mission of peace did not succeed. " Mr White and Mr Smythe refused to return and for Mr Day and Mr Cullen they spoke not unto them." In spite, however, of this apparent victory and the rout of their opponents, Simon Yorke and his companion retired and made no further attempt to take part in the proceedings of the council during the remainder of the Commonwealths Valentine Tatnall, the mayor who had supported them, was removed from ofifice by Cromwell, and Thomas White, presumably the individual who had opposed them, was appointed in his stead. At the Restoration Simon Yorke returned in triumph, when these illegal proceedings were at once reversed. He was probably one of those gathered on the shore on the historic occasion when Charles \\ landed at Dover on May 20, 1660, and when a Bible was presented to the King by the town. He was restored to his seat in the council on June 25, 1660, and in December 1661 was ap- pointed chamberlain and auditor of the municipal accounts. His name occurs frequently in assemblies of this timeS 1 Dec. 16 ; Egerton MSS. 2096, f. [59; Minutes Book at Dover. 2 Egerton M.SS. 2096, ff. 150-164; Records at Dover. 3 He serves on a committee of assessment for payment of the army Nov. to, 1655, and is chosen as guardian of one Henry Whetstone May 7, 1658, The last entry has his signature. Records at Dover; Add. MSS. 29,624, f. 366. * Egerton MSS. 2096, ff. 179, 204, 210; 2120, f. 68; Add. MSS. 29,623, ff. 161, 177; Records at Dover. DISPLACED 17 We may infer from these incidents that Simon Yorke, like Thomas Papillon, the representative of the town in ParHament\ was one of those who at first had been strong supporters of the cause of the Parliament, desiring the security of the Protestant religion and of the rights and liberties of the subject, but who had been altogether alienated from the administration of Cromwell by the execution of the King, by the establishment of Independency and by the creation of a military despotism instead of a parlia- mentary government. His long official connection with St James's Church, the baptism there of all his children, the matriculation of his eldest son at a college at Cambridge conspicuous for its loyalty to the Crown, and the taking of orders by this son in the Church of England seem to show that, while an opponent of the Laudian system lately introduced into it, he had no desire to withdraw from its com- munion and had no sympathy with the separatists and independents. At Dover there was a large number of persons who held and were actuated by these moderate views. They were men of grit, of strong and earnest character, superior to other factions of the time in their sincerity, wider outlook and patriotism, and to them England owes much. It was chiefly by their means that the royal absolutism was resisted and overthrown. The Restoration was their work as was the Revolution which secured finally in England the establishment of constitutional government. Meanwhile, the great services of the moderate party in bringing about the Restoration met with little reward. Soon after Charles II's accession a series of measures of a very oppressive nature, known by the name of their author as the Clarendon Code, was passed through Parliament. According to the Corporation Act, one of the most important, all magistrates and persons bearing office in corporations were compelled to swear an oath declaring it unlawful under any circumstances to take up arms against the King or against his administration. They were also obliged to repudiate the Solemn League and Covenant, and to take the sacrament according to the ceremonies of the Church of England within a year of their election. This, in the ca.se of such persons as Simon Yorke, was obviously nothing less than to repudiate and stultify the whole of their conduct during the late troubles. Many conceived themselves justified, without changing their opinions, in taking a formal and meaningless oath. But Simon Yorke belonged ' See further below, p. 28. Y. 2 1 8 SIMON YORKE OF DOVER to the more rigid, more conscientious or more combative party. Accordingly, in August 1662, the Commissioners sitting at Dover to administer the oath " thought fitt and requisite for the pubHque peace and safety of this Kingdome to displace and remove" Simon Yorke and 29 other councilmen or jurats " from all and every their said places, offices and imployments...for divers good causes and reasons." He was hereby excluded from his office of chamberlain as well as from his seat in the council. In addition, on Septem- ber 3, 1662, Simon Yorke and a large number of others, including Valentine Tatnall, the former mayor, who had been expelled by the Protector, were deprived of the freedom of the town, "soe far as to disable them and each of them from being present at any publique assemblie of the said Corporation, or from giving any vote in any elections or other thinge concerning the said Corporation \" While these arbitrary measures deprived these persons of their civil rights, the Conventicle Act, passed a little later, in 1664, struck at their religious freedom. By this law it was forbidden to be present at any religious assemblies which should be attended by five persons over and above the household, other than those of the Church of England, the penalty being imprisonment and transpor- tation for the third offence and conviction being obtained before a single magistrate. The town council, however, showed no desire to put the new act into force. A complaisant petition to the King therefore was signed by 120 inhabitants of the town expressing their grief at the license allowed to the disaffected, while the attitude of the Dover authorities is the subject of continual com- plaint in the letters of John Carlile^ clerk of the passage at Dover and a member of the Corporation, who corresponded regularly with Williamson, secretary to Lord Arlington, a member of the Cabal ministry, who was especially zealous in promoting the worst schemes of the reign. There existed, however, a rival power to the town council at Dover in the Castle which represented the interest of the court and frowned upon the town from its high cliff". At this moment the Lord Warden of the Cinque Ports and Governor of Dover Castle was no less a person than the ill-omened James himself, and through his influence drastic measures were now taken for suppressing the conventicles. At some time previous to January 13, ^ Sessions Book, Records at Dover. '^ Cal. of State Papers, Dotn.; Lyon's Hist, of Do7)er, i. 215. SUMMONED BEFORE THE PRIVY COUNCIL 19 167 1, Simon Yorke, with five others, was summoned to attend before the Privy Council in London to answer for the offence of attending conventicles and was then rebuked and threatened. James writes as follows to his deputy, Colonel Strode, at Dover Castle^ : Col. Strode, His majesty having been informed in Council of divers Conventicles and unlawful meetings frequently kept and held in the town of Dover, and the remissness of the Magistrates in suppressing the same, and punishing the offenders according to the Act of Parliament, to the contempt of his Majesty's laws and encouragement to others to offend in the like case, did think fit (for redress thereof) in Council, to order that Richard Matson", late Mayor of Dover, Edward Dell, Samuel Taverner^ Nathaniel Boney, Symon Yorke, and Anthony Street, should appear at the Council Board to answer the Premises, who accordingly appearing and being severally heard and reproved for their misdemeanours, his Majesty was pleased by his order, sitting in Council, dated 13*^ instant, to authorise me to give speedy and effectual orders to shut up (in the said town of Dover) all such houses as lately have, are or shall be made use of, for the meeting of persons, disaffected to the government by law established, under pretence of Religious worship, so no assembly be from henceforth kept therein, as also to give directions for the pulling down all Pulpits, Couches, and other seats as shall be found placed in such houses for the conveniency of Conventicles, and particularly the Pulpits and seats in the House of the above-named Samuel Taverner, or any other.... I do therefore desire that you will immediately give strict and effectual orders to the Magistrates of Dover to cause all the parti- culars of his Majesty's order in Council of the 13''! of this instant January to be punctually observed, performed and duly executed according to the terms of the said order. I am your loving PViend James Whitehall 21 Janr. i67o[i] To Col. John Strode my Lien* of Dover Castle. ' Records at Dover; Add. 29,623, f. 204. - A member of this family was a tenant of the Vorkes. .See a letter ot I'hilip Yorke (afterwards Lord Ilardwicke) to James Matson in 1707, II. 236, f. 34. ^ For .Samuel Taverner, grocer at Dover, made captain of Dover Castle by Cromwell, and who was a notable personage and the leader at Dover of the more extreme faction of the dissenters and whose name suggests a Huguenot origin, .see Lyon's Hist, oj Dover, i. 215. 2 — 2 20 SIMON YORKE OF DOVER Simon Yorke, we can scarcely doubt, returned from London a stronger antagonist of the government and more determined than ever to attend the conventicles at Dover. Dissent was by no means suppressed by the measures of force now adopted by the government, but seems, on the contrary, to have increased. John Carlile continues to lament the condition of the town. On June 13, 1670, there was an assemblage of 200 nonconformists, and again on June 21, the latter being dispersed by soldiers. On July 27, more meetings were discovered. On September 10, great disorders took place during the election of mayor, in which the court was interfering. On October 31, the fanatics were daily increasing. On January 11, 1671, he declares that £^ were col- lected at a conventicle and only 40 shillings at St Mary's Church. The new mayor winked at the conventicles. A speedy remedy from his Majesty was necessary^ On February 2, the mayor and jurats caused the pulpit and benches of the Anabaptists to be broken down and locked the doors with padlocks, but on Sunday morning the doors were found broken open and the Anabaptists at their old trade again. " At the Presbyterian meeting-house we could not get in ; those that hired it were so obstinate that they would not open the door." On February 24, he describes Dover as a sad, dead, divided town with little or no commerce, and it remained so till the Revolution \ The year 1670, apart from these untoward deeds of folly and violence committed by the administration at Dover and elsewhere, will always remain one of the most shameful dates in the annals of England. It was the year of the memorable treaty of Dover, partly public and partly secret, contrived by King Charles II and his sister the Duchesse d'Orleans, who met for the purpose at Dover, whereby the King of France was allowed a free hand on the Continent and especially in his expedition against the Dutch, while Charles on his side received in return a pension to render him independent of Parliament and of the nation, and undertook to declare himself a Roman Catholic. Only once before had England sunk so low, when the ancestor of Charles, at Dover, many centuries before, had fallen on his knees before the emissary of the pope and pawned his kingdom in the same way as his descendant. Excluded thus from municipal office, what we may call Simon Yorke's public career now came to an end, and we hear of him ' Cal. of State Papers^ Dom. ; see also Lyon's Hist. 0/ Dover. MARRIAGE AND DEATH 21 no more in the records of Dover except as auditor of the accounts of St James's Church in 1672, 1673, 1676 and i68o^ As a single drop of water, while forming one minute portion of the shower, is sometimes seen besides to image in itself, as in a mirror, the whole of the surrounding scene, so the life of this prosperous and sturdy citizen of Dover, besides constituting in itself a small portion of the great tide of events which then swept over the country, reflects also vividly and clearly, though in miniature, the whole of the great historical drama then being played out in England. In 1 64 1, Simon Yorke, as already mentioned, had married Alice Court of Canterbury, The inscription on her tombstone in old St James's Church, Dover, runs : " Here lieth the body of Alice, the Wife of Symon Yorke by whom he had issue 5 sons and one daughter. She died the 4th of Xbr Anno salut: 1663 aetat: 52." Then follows this Latin epitaph : Ejus ossa tegit patria at mens visit Olympum, Coelica pars durat, terrea massa perit. Esse diradrj, animumque mori cum corpore legi Has Stoicus partes, has Epicurus agit. Iluic mentem vero aeternam fortemq: dolores Monstrant: Quis credet tot potuisse pati. Namque invicta tulit furiosae termina carnis, Non animum fregit poena sed ira DEI. Charior ilia Deo facta hinc, positoque dolore, Regnat ubi jam lex Salica nulla vetat". The verses were in all probability the composition of Alice Yorke's two sons, Henry and Philip — to the former as the University student and clerk in orders being due no doubt the philosophical allusions, and to the lawyer the triumphant con- clusion which affirms his mother's reign in heaven " where no Salic law forbids." In spite of the crudeness of the lines and the extraordinary incongruity and clash of sentiment, there is some- thing touching in them and especially in the expression of belief in the future immortality of the soul as inferred from the present grief and pain suffered by the body. Simon Yorke survived his first wife for many years, and in 1665 he married secondly Mary Bassctt of Ilythe, widow of ^ Egerton MSS. 21 13, f. 384; 21 14, ff. 62, 134; and 2115, f. 219. ' The inscription is now somewliat obliterated. The version in the text is made from the stone itself assisted by the reading given by Sir S. Egerton lirydgcs (Gent. Mag. ix. 584). 22 SIMON YORKE OF DOVER Ferdinando Bassett, late jurat of that to\vn\ By her, who survived him, he had no issue. He left to his widow an annuity of £i^, desiring his "children to be kinde and lovinge" to her. He died in 1683. The inscription on his tombstone, following that to his first wife in St James's, Dover, runs : " Here lies the body of the said Symon Yorke who dyed the 3rd Day of February ano 1682, aged j6 yeares 1 1 moneths. In spe beatae Resurrectionis." Meanwhile, in spite of the troubled events of his municipal career, either by inheritance, or through the prosperity of his wine trade or other ventures, he had become possessed of considerable property in Dover and the neighbourhood. According to his will in the Probate Office at Canterbury this included Chilton, a large farm or property of arable, pasture and woodland, consisting in Hasted's time of 480 acres-, situated in the parishes of Alkham and River near Dover, and containing a house which he appears to have used as a country residence. Near this property was another in South Alkham, consisting of lands, messuage and tenement. He also owned six acres of arable land in the neighbouring parish of Ewell. He was the owner of the " Antwerpe," situated in the Market Square at Dover, at that time the principal, if not the only inn of the town, but recently demolished. No doubt it was managed strictly on the " tied-house " system and was a source of considerable profit to its proprietor. He had two houses in the town, both in St James's Street, one described as being in his own occupation and containing stable, outhouses, garden and appurtenances, and the other as his " little tenement." He also owned one sixteenth share of the ship called the " Olive Branch." His money, household goods and plate, of which one piece, a silver wine-taster, inscribed with his name and dated 1635, is in possession of his descendant Philip Yorke of Erthig, were divided according to the terms of his will among his children, of whom we must now speak. 1 Canterbiiry Marriage Licenses, ed. by J, M. Cowper, 3rd series, p. 525. 2 Hasted's Kent, iii. 359, and at that time owned by Philip Yorke of Erthig, great- grandson of Simon. CHAPTER IV FAMILY OF SIMON YORKE AND THE CHANCELLOR'S PARENTS The children in order of birth of Simon Yorke were Henry, Elizabeth, Joseph, Benjamin, Philip and Simon. Of Elizabeth, Joseph and Benjamin there is little to record. The former, who was baptized on October 13, 1644^ inherited under her father's will his land in South Alkham, the "Antwerpe" Inn at Dover, his " little tenement " in St James's Street, and a fourth part of his household goods and plate. She was unmarried at her father's death in 1683 and in the absence of any record to the contrary presumably remained so. In all probability she was the Elizabeth York who was buried at St James's on December 22, 1732', and to whom allusion is occasionally made in the family correspondence^ Joseph Yorke was baptized on January 11, 1647^ He is not mentioned in his father's will but he had probably been already established in business and provided for, or possibly was at that date already dead. He followed the trade of his father, being styled " wine-cooper " in the notice of his admission to the freedom of Dover^ which he claimed as the son of a freeman on October 25, 1670. In the margin opposite the entry has been added at a later date "gone," and we hear of him no more. But it is certain that none of the elder sons of Simon Yorke left heirs since Lord Chancellor Hardwicke, son of the younger son Philip, himself was afterwards his grandfather's heir-at-law*. Benjamin Yorke was baptized on January 3, 1649', and pre- deceased his father, being buried with the rest of the family at St James's, Dover, on January 20, 1673'. He left no will, but administration, in which he is described as of the parish of All Hallows, Barking, was taken out by his father' on February 8, 1674. ' Register of St James's, Dover. - p. 44. ■' Records at Dover. ■* Above, j). 13. * Probate at Somerset Mouse. 24 FAMILY OF SIMON YORKE Henry Yorke, the eldest son, fills a more definite place in the family history. He was baptized on March 7, 1643^ He matricu- lated at Queens' College, Cambridge, and took the degree of B.A. there in 1662. Subsequently, on May 12, 1664, for what reason is not apparent, but perhaps with the object of obtaining clerical preferment, he was incorporated in Magdalen Hall, Oxford, and took the Oxford degree of M.A. on November 2 of the same yearl On April 22, 1681, he obtained the living of Ripple^ near Dover, of which he remained rector till his death in 171 2. He is mentioned by Henry Ullock, rural dean, in a letter to the archbishop in 1683, as being then lately married and as one of those incumbents who "reside on their cures and officiate in their own persons....'*" His wife Elizabeth, whose maiden name is not recorded, died in 1703 and left in her will a patina to the church of Ripple, which was in 1835 transferred to Wimpole^ No children survived this union. Henry Yorke seems to have had some influence in the education of his nephew, the future Chancellor, who carried on a Latin correspondence with the rector of Ripple on the subject of his studies as well as with his father^ By Simon Yorke's will Henry Yorke had inherited the estate at Chilton and shortly before his death, by a deed dated 171 1^ he assigned 180 acres in the parishes of Alkham and River near Chilton and 60 acres at Woolverton in Alkham and other lands to his brother Philip Yorke senior, and afterwards to the latter's son, Philip Yorke junior, and his heirs, on payment of ;^20 a year, " for the better advancement and preferment of his said nephew," the latter being now just of age and on the point of entering upon his profession at the bar. He died very soon after the completion of this deed, in November I7I2^ leaving all his remaining property^ to the same brother and nephew, and his books and manuscripts to the latter solely. Simon Yorke, the youngest of the family, was baptized on January 23, 1654". He was early in life established as a grocer, i.e. a dealer in wholesale or member of the Grocers' Company, in the parish of St Peter's, Cornhill, London, and is so described in his marriage allegation'". By his father's will he inherited his larger ' Register of St James's, Dover. 2 Gradiiati Cantahrigienses, 536; Graduates of Oxford, 753. 3 Hasted's Kent, iv. 136. •» Archaeologia Cantiana, xxi. 18 1. ' Ripple Parish Registers; H. L. Beardmore, List of the Rectors of Ripple. « H. 236, ff. 5- [4, 147. 7 II. 880^ f_ 20. 8 His will dated 1709 in P.O. at Canterbury; also H. 236, f. 348. " Register of St James's, Dover. i" Below, p. 25. SIMON YORKE'S SONS 25 house in St James's Street, Dover, six acres of land in Evvell, his share in the ship, the " Olive Branch," a sum then owing to the testator of ^170 and a portion of his household goods and plated Simon Yorke married in 1682 Anne Mellor, the entry of his marriage allegation being as follows : 1682, July 24. Symon Yorke, of St Peter's, Cornhill, Lond. Grocer, Bach'', about 28 and Anne Miller [j-zV] of St Giles in the Fields, Midd. Sp*^ ab^ 20, with consent of her father John Miller [j/V], Tobacconist, at St George's, Southwark, Surrey-. John Mellor the younger (1665- 173 3), barrister-at-law, brother of Mrs Simon Yorke, about the year 1708, acquired the estate of Erthig, near Wrexham in North Wales, and the succession to a chancery mastership from Dr Eddisbury, a bankrupt. He held this office till 1720, during the palmy days of the old regime, when large opportunities were afforded of acquiring wealth, till the scandals and disclosures connected with Lord Macclesfield's impeachment drew the attention of Parliament to the evil system which prevailed, and under the direction of Sir Philip Yorke, then Attorney-General, the money of the suitors in chancery was taken out of the keeping of the masters and placed in the Bank of England. The chief sources of gain arose from the immense sums belonging to the suitors which for the time being were under the control of the masters. These were placed out at high rates, while the owners of the funds received merely the ordinary legal interest. How large these sums were may be gathered from the fact that Master Mellor on his retirement handed over to his successor ^120,000, the property of suitors in the court. The value of the masterships hence rose to a fabulous height, and, in proportion, the fee on entering upon the office demanded by the Chancellor. The charge that, John Mellor having sold his office to his successor John Borret for ^9000, the Lord Chancellor had exacted a further fee from the latter of £\S7S> formed Article iii. of Lord Macclesfield's impeachment in 1725, on which John Mellor was summoned to give evidence^. John Mellor, however, appears to have had no share in the reckless and unscrupulous speculations which brought many of ' P.O. Canterbury. - liar/. Soc. Pnh. xxx. 102. ^ State Trials, xvi. 770, 773, 887, 1099; M. 237, f. ii\ and l)clow, p. 87. 26 FAMILY OF SIMON YORKE the masters and the suitors in court to ruin. Indeed he wins the honourable distinction of both succeeding and preceding bankrupt masters, who had squandered or embezzled the money committed to their trust. He was much respected in his county, became possessed of a considerable fortune and enlarged and improved Erthig house and estate. We meet him frequently in the family correspondence. He was consulted by the elder Philip Yorke on the choice of a law-tutor for his son\ Later, as one of the leaders of the Whig interest in his county, he kept the Attorney-General well informed of the doings and plans of the Jacobites and enemies of the administration in North Wales^. He provided him with his qualification in landed property on his first entrance into Parlia- ment till the death of the elder Philip Yorke in 1721 rendered this no longer necessary^ He was one of the trustees of his marriage settlement in May I7I9^ and godfather to his second son, Charles, born in 1722^ John Mellor died unmarried in I733^ and Erthig then passed into the possession of his nephew, Simon Yorke. Simon Yorke the elder, the latter's father, had predeceased Mr Mellor and had died in London in 1729. The records of his life and career are exceedingly scanty. One letter alone of his writing, and that on a subject of no importance, remains'. But we may gather from certain scattered allusions that, apart from an advantageous marriage, he was the least prosperous of the family. At one time, indeed, he appears to have been confined in a debtor's prison, " My unfortunate uncle Symon," writes the young Philip Yorke, " is still where my Father left him, and I am afraid must be so unhappy as to remain there unless some speedy way be found out to release him. My aunt and her eldest son (who has a place in the C[harter] H[ouse]) lodge at Cos. Laury's, and the youngest is at school*." Later, in 1727, Sir Philip Yorke received the thanks of his family for his kindness to his uncle*^. Simon Yorke's death, which had taken place the night before, from the stone, is announced to John Mellor on August 26, 1729, by his son Simon the younger. " He was sensible to the last. My mother and sister and self received the sacrament w[i]th him ab[ou]t two Hours before his Departure : poor Man ! He was unhappy upon many acco[un]ts ; but chiefly so, in falling under the displeasure 1 II. II, ff. 6, 9. - p. 76. 3 \\. II, f. 32. ^ H. II, f. 18. 5 p, yy. * His grave and monument are in Marchwiel Church, near Erthig. His portrait is at Erthig. 7 Erthig MSS. « h. 236, f. 158. « p. 45. THE YORKES OF ERTHIG 27 of the best Friend that ever any Family met with." His widow Anne Yorke, nee Mellor, of whom there are several letters among the manuscripts at Erthig, does not appear to have resided at Erthig but in London with her daughter Elizabeth Lawry, and dying at the age of 88 in 1748, she was buried in Bloomsbury Church in the " South Cross Aisle." She had two sons besides Simon, Henry who pays a visit to his relations at Dover, aged 12, in 1707, and John who left England for abroad in 171 8, but both of these died young\ In spite of his clouded career, however, Simon Yorke is an important personage in the family history as the founder of a separate and a younger branch, which has held Erthig ever since and which is represented at the moment of writing by three male descendants alone, Philip Yorke, the present owner, and his two sons, Simon, born in 1903, and Philip in 1905. The great man of this line was Philip Yorke (1743-1804), grandson of Simon Yorke, M.P. for Ilchester and author of the Royal Tribes of Wales, and an ancestor by a second marriage of another family offshoot, that of the Wynne Yorkes of Dyffryn Aled, now extinct. The history of the Yorkes of Erthig, which we can only glance at here, proved a very different one from that of their more am- bitious cousins at Wimpole. Far away from the turmoil of politics and unenvious of the spoils and honours of office, they lived for the most part retired lives, taken up with rural pursuits and with local or domestic business, and appearing very seldom in public affairs, but handing down from father to son, through their different generations, the qualities ascribed to the first Simon Yorke of Erthig, those of " a pious, temperate, sensible country gentleman of a very mild, just and benevolent character^." We now come to Philip, the fourth son of Simon Yorke, by the death of his elder brothers the chief representative of the family and the most important as the father of the Chancellor. He was baptized on November 11, 1651^ and claimed his freedom of the town on January 31, 1672*. He chose as his profession that of a solicitor and, at the Dover Sessions of September 1677, he was admitted and sworn an attorney of that court\ He ^ Erthig MSS. 2 Inscription on his tomb in Marchwiel Church. ^ St James's I'arish Register. ■* Freeman's Book at Dover; Add. 29,625, f. 108. * Sessions Book, Eg. MSS. 2115, f. 24. 28 FAMILY OF SIMON YORKE appears to have obtained a substantial practice in the town and to have held a position of considerable local influence. The few allusions to him which occur in the Corporation Records show that he followed in his father's footsteps and upheld strenuously the cause of municipal freedom. The position of parties had greatly altered towards the close of the reign of Charles II. The violent conduct of Lord Shaftesbury and of the more extreme faction of the Whigs who sought to exclude James from the throne in favour of the illegitimate Duke of Monmouth, had led to a Tory reaction. The King hastened to strike while the iron was hot, and to secure the permanent subservience of Parlia- ment by manipulating the Corporations; for by these bodies the members of Parliament for the boroughs were generally chosen. A writ of Quo Warranto having been issued against the Corporation of London, which after a struggle met with success in 1682, the boroughs in the provinces were next attacked. The municipal privileges of Dover were valiantly defended by Thomas Papillon, a member of a Huguenot refugee family, who had long been the upholder of freedom in religion and civil government and who had successfully resisted the attempt of the government in 1673, by intimidating and kidnapping the electors, to exclude him from his seat in Parliament for the town. He was assisted, as the following document seems to show, in his defence of the rights of the Cor- poration, by the elder Philip Yorke. The Corporation of Dover 1683 June 25 £ s. d. Paid to M"^ Goddin by order in p[aymen]'e of his bill of £ii. ys. ^d. charges about the quo warranto as by his bill & ac[count] Alsoe paid to M' Baker Attorney towards his fees and charges Expenses with M"" Goddin & Baker post of letters paines etc. July loth 1683 Recvd of M' Edward Wivell one of the Chamberlayns of the said Corporation thirteene pounds in full of this Bill by me Phi. Yorke^. All resistance, however, at Dover, as elsewhere, to the encroach- ments of the government was hopeless, now that the court had the support or acquiescence of the subservient Parliament in its despotic measures. In spite of Thomas Papillon and his friends, the Mayor 1 In the possession of Mr Martyn Mowll of Dover who kindly communicated it. See also the accounts of Oct. 9, 1683, Dover Records. 10 00 02 10 00 10 I.? 00 PHILIP YORKE OF DOVER 29 and Corporation stopped all the proceedings in defence of their liberties which had been thus begun, on October 24, 1683, and " with unanimous consent submitted to his Majesty's pleasure when the same shall be known in all matters relating to the Quo Warranto." The charter was surrendered and to the King was also ceded the choice of the member of Parliament for the borough. o Shortly afterwards Thomas Papillon was corruptly convicted of the malicious imprisonment of the Lord Mayor of London and fined the enormous sum of ;^io,000 ; whereupon, after hastily mortgaging Acrise, his country place near Dover, to his son-in-law, he once more fled abroad \ On the advent of James II to the throne, in 1685, ^ cringing address was drawn up at an assembly of the representatives of the Cinque Ports and sent to the new King, promising to expel all those who had taken any part in the Exclusion Bill, acknow- ledging the right of the Lord Warden to name the members of Parliament and surrendering their charter and liberties. They do not seem, however, to have gained much by their submission. In 1688, as a small part of the great coup d'eJai, which James imagined himself capable of carrying out throughout the kingdom, the mayor and jurats were all summarily expelled. The complete failure in which these proceedings terminated is well known. A few weeks later the King, alarmed at the consequences of his folly and at the approaching invasion of William, hurriedly restored all the members of the Dover Corporation and of other municipalities whom he had expelled, to their places. Such measures, while they could not appease universal discontent, were merely a sign of the inevitable progress of events. The Revolution, which now im- mediately followed, put an end to the anarchy and confusion which had reigned at Dover, as in so many other towns, ever since the collapse of the lawful government and the outbreak of the Civil War, and which had impeded the natural developement of the country in trade and prosperity. A new epoch was now to open in which a freer air was breathed and in which England, sounder at the core, unfettered by artificial bondage imposed at home or by unnatural alliances abroad, and no longer weakened by profitless internal dissensions, was to advance to empire by leaps and bounds. After the collapse of the attempt to resist the Quo Warranto proceedings there is nothing to show that Philip Yorke took any ' A. V. W. Papillon, Life of Papillon; Did. of Nat. Biog. 30 FAMILY OF SIMON YORKE part in municipal business, A common tradition, which has been supported by the respectable authority of Hasted and is apparently strengthened by the document quoted aboveS represents him as Town Clerk of Dover, but there is no mention of him in this capacity in the Corporation Records^ and the Corporation Act would have disqualified him for the office. It is more probable that as the leading solicitor in Dover and as a man of local influence and position he was consulted and employed occasionally by the town council, and especially in such delicate matters as resistance to the royal authority, when the regular officials of the Corporation would be unwilling to hazard their places and profits. In the first assembly which met after the Revolution on January 7, 1689, Philip Yorke was chosen councillor together with John Godden, presumably the same whom we have seen above collaborating in the defence of the municipal liberties. In this year the Act of Toleration was passed which relieved the frequenters of conventicles from the penalties to which they were liable, on the condition of their taking the oath of allegiance. But the Corporation Act remained unrepealed, and the oaths demanded now from Philip Yorke as the qualification for holding office were the same as those refused by his father, Simon Yorke, in 1 662 1 They were now refused by the son as appears from the following entry ^: 1689 July I att a Cofhon Assembly, Whereas Mr Philip Yorke [& others] were att a Coiiion Assembly holden in the Guildhall of the said Towne on the seaventh day of January last past duly elected & chosen of the Comon Council of this Corporacon & have been duly summoned to appear to take their severell oaths... but have neglected and refused soe to doe, therefore the said persons... are by this assembly fined att five pounds apeice which said fine... is now ordered by this assembly to be forthwith demanded of them... by the Town sergeant, and if they or any of them doe not pay the same in one and twenty days after demand thereof. ..that then the said fine.,, shall be levied on them or such of them as shall refuse... by distresse on their goods and chattels. It was only slowly and gradually and in consequence of the new security to the stability of government afforded by the con- stitutional settlement at the Revolution, that the full measure of ^ Iliil. of Kent, iv, 1 1 9. 2 These, however, are lost or defective between the years 1684-8. ' p- 17- ■* Dover Records. MARRIAGE TO ELIZABETH GIBBON 31 religious and civil liberty in England was at last obtained and enjoyed. Meanwhile Philip Yorke had had a prosperous and successful life. Except as residuary legatee, as entitled to a share with his two brothers of his father's household goods and plate and as his sole executor, he is not mentioned in Simon Yorke's will, doubt- less because he had already received his portion and had been established in his profession. By the death of his three elder brothers without heirs, he became his father's heir-at-law and head of the family. On April 18, 1680, before his father's death, he had married Elizabeth Gibbon, only child and heiress of Richard Gibbon, of Dover^, and widow of her cousin Edward Gibbon, of Westcliffe in Kent, by whom she had issue one son, Philip Gibbon, who died young. The allegation of their marriage is as follows : 1680 April 7 Philip Yorke of St James, Dover, Kent, Gent: Bachr ab^ 27 & Elizabeth Gibbons \^sic\ of St Mary's Dover, Widow, ab^ 20, with consent of her mother ; alleged by Symon Yorke of St Peter's, Cornhill, London, Grocer-, at Huffham, co. Kent". The alliance with the Gibbons connected the Yorkes more directly and more closely with Dover, and with various local Kentish families, in which county the Gibbons had been established since the 14th century. The branch from which the mother of Lord Chancellor Hardwicke sprung was that of the Gibbons of Westcliffe — an estate lying behind St Margaret's Bay in the immediate neighbourhood of Dover — of which the founder had been Thomas Gibbon, who had bought Westcliffe from Lord Brough in the time of Elizabeth, and who was buried in Westcliffe Church on January 15, 1596*. Notwithstanding some slight differences in arms, the Gibbon family of Westcliffe and that of Rolvenden in the same county, came of the same stocks Writing at some date prior to 1645, John Philipott, the herald, says: "Hole. ..for many Descents last past... hath been the Patrimony of Gibbons, who held land in this parish in the year 1326, and was the Seminary or Original Seed-plot, whence all of that Name and Family in Ke)U primitively sprouted forth, and though Sir William Segar did assign to Mr Gibbons of Westcliffe, a Lion Rampant betiveen three ' Register of St Mary's, Dover. '' p. ■25. ^ Harl. Soc. Pub. xxx. 26. * Brydgcs, Gunt. Mag. Ixvi. 272. ' H. 900, f. 7. Cf. Hasted, iv. 29, iii. 87, 240; Geut. Muj;. Iviii. 700; Berry's Kent, p. 408-9; Guillim, Display of Heraldry, iv. 359; Ed. Gibbon's Autobiography, eil. by O. F. Emerson, 3. 32 FAMILY OF SIMON YORKE Escallops'^, and to this Family, a Lio?i Rampant between three Ogrises, as their Coat-Armor, yet in ancient coloured Glasse at Hole^, now the Inheritance of Colonel Robert Gibbotts, the paternal Coat of this Family, is represented to have been, Or, A Lion Rampant, Sables, charged zuith a7i Escarbnncle Pomettee and Fleurette of the first, which I mention that this family now of Hole might receive no prejudice by his mistake or inadvertency*." The Yorkes became allied by this marriage with, amongst other Kentish families, the Brydges of Wootton Court, John Brydges having married Jane, the only daughter and heiress of Edward Gibbon who, by his second marriage with Elizabeth, afterwards the wife of Philip Yorke and mother of the Chancellor, was also the father of one son, Philip Gibbon, half-brother to the Chancellor and to Mrs Brydges, but who did not grow up to manhood. The grand- son of Mrs Brydges was the talented but eccentric Sir Samuel Egerton Brydges, genealogist, editor, poet and unsuccessful claimant to the barony of Chandos, in whose Autobiography allusion is often made to his Yorke kinsmen and to the veneration which the name and memory of the great Chancellor inspired in his family*. But by far the most distinguished relation of the Chancellor on his mother's side was Edward Gibbon, the historian. The relation- ship, which is drawn out on a paper, in the latter's handwriting, no doubt forwarded to the second Lord Hardwicke, who was already a correspondent and a patron, was but a distant one, both tracing their descent to a common ancestor in Philip, the second Gibbon of Westcliffe, who built or restored the family house at Westclifife, and who was the great-grandfather of Elizabeth Yorke, the Chancellor's mother, and the ancestor, through two further genera- tions, of Edward Gibbon I This Philip Gibbon married in 1586 Elizabeth Philipott who ^ They are given by the Chancellor as Sable, a lion rampant, guardant, or, between three escallops argent, H. 900, f. 7. "^ According to Hasted, iii. 87, this glass was brought from Pumphouse in Benenden "where it had been for a great length of time." 3 Villare Cantiamim, 296, 73. This Sir Wm Segar (Garter 1603-33) appears to have performed his duties so badly as to grant arms to the common hangman, and for his mistake suffered imprisonment. Also Introductio ad Latinam Blasoniam by John Gibbon, 160, 157; Berry, Hist, of Kent, 408; Hasted, iii. 240, 746; Harl. MSS. 1 106, f. 113, Visitation of Kent, 1619; Add. MSS. 14,307, f. 19 b.; Add. 5507, f. 179, Philipott's Visitation, 1619-1621; and Add. 5526, f. io6; Harl. 1548, f. 164b.; Harl. 1432, f. 247; Sir S. Egerton Brydges, Gent. Mag. lix. 585. •• Vol. i. 4 1, 96 and 120. ■' H. 900, f. 9; Sir S. Egerton Brydges, Atitobiog. i. 96, 119, 225, ii. 19; Gent. Mag. lix. 584, Jxiv. 5, Ixvi. 271, Ixvii. 917. EDWARD GIBBON, THE HISTORIAN 33 came from a family which had long resided at Upton Court at Sibertswold or Shepherdswell, a neighbouring parish to Westcliffe, to which John Philipott, the Elizabethan herald, from whom we have already quoted, belonged. The founder of this family was Sir John Philipott, Lord Mayor of London in 1380, who in the reign of Richard II by his presence of mind and resolution, together with the actual Mayor, Sir William Walworth, who killed Wat Tyler, saved the king's life on the historic occasion of the revolt of the villeins in 1381, overawed the mob and restored orders Richard Gibbon, the Chancellor's grandfather (1627-79) mar- ried Deborah Stratfold. They are both buried in St James's Church at Dover, where there is an inscription to their memory. Mrs Richard Gibbon lived on well into the life of the future Chancellor, dying in 1719 at the age of 81. An interminable dispute with her daughter, Elizabeth Yorke, on the subject of certain lands, is the only record, however, which remains of her, though no doubt she had other claims to immortality-. Of the children of Richard and Deborah Gibbon only one survived, the Chancellor's mother, the sole heiress of her father and the last Gibbon of this branch. Edward, the historian, who died in 1794, was, moreover, not only the last of his line but of the whole race of Gibbons. The elder branch at Westcliffe had long become eclipsed in daughters. Westcliffe itself, the estate of which in Hasted's time {c. 1778) consisted of 500 acres, had been alienated in 1660 from the Gibbon family, and the house is described by Sir S. E. Brydges in 1788 as a "ruined farmhouse" in a "deserted condition"; while all the various branches of the Gibbons of Rolvenden were by that time extinct, the last Gibbon of Rolvenden disappearing without posterity in 1775^. We must now return to Mr and Mrs Philip Yorke, the Chancellor's parents. They lived in a house with a considerable frontage, now divided into three and numbered 1 79-1 81 in Snargate Street, but still remembered by old inhabitants of Dover as the "Yorkes' House" or the "Yorke Mansion," the garden of which stretched up the hill to Adrian Street — where was a detached room opening into Five Post Lane and supposed to have ' Fasti Uxonii (Bliss), I'l ii. jj. 62; Wecver, Funeral Monuments, 266; Philipott, Villare Canlianutn, 167, 215 ; Hasted, ii. 84, iv. 3; Add. MSS. 14,307, f. 37; Gent. Afaf^- (Sir S. E. lirydgcs), Iviii. 699, Ixvii. 917. ^ p. 40- ' Hasted, iii. 87, iv. 29; Gent. Mag. Iviii. p. 700. Y. X c o O a : "o S2 5?« o 2 •at/) 'ju: N<» -5 rt rt i/i >> !; o .■= "" S ,2, 3 ■O n •^1 -o- n rt.-S<6 s^ -a -a WCi, U r- ^ ^ > • "2 -5! M 3 I») a c n qO c4 o ao Ph t/: V oo ai T3 u 0) u l> T M ^ j=:-o ■0 ,- r^ ^ u: n O vO D. M „ o^ ■" ^ ■c J3 u^ 1, tl 4) ic O o^ N ^ o c o hr J3 ^ <; n a ■^ j= (X .-2 °c^ § g-"S u y c c 1- ^ <^ •5 fc ":! 9 £ S! i; « = " i' t> 2 , Ml ^ 3 « « S Si -0-5 HO i; o rt o ™ . jz *-< •5 « H^ 5 S i^ *"^ "^ ■^^^ > o > 0^ O rt h -O 0^ H t« u j= M -1 rt T3 ;c« in ^o ^ := o Is • - c So 5 o\ Ms o •- o. PQ FAMILY OF PHILIP YORKE, THE ELDER 35 been used by the elder Philip Yorke as his office. The fabric is still standing but so changed from its original condition that it is impossible, even for the most powerful imagination, to restore it to its appearance when the home of Philip Yorke. It is now divided into three small dwellings, while shops and dingy houses occupy the former garden behind. The future Chancellor's parents lived here for many years. They had a large family of six daughters and three sons, of whom, however, only three grew to maturity, Philip, the subject of this biography, born December i, 1690^ Mary, born 1696^, and Elizabeth. It will be convenient first to follow the lives and fortunes of the Chancellor's two sisters. Mary married January 14, 1722, at St Mary's Church, Dover, Charles Valence Jones, Esquire, of Penrose, Cornwall ; a barrister and a representative of an old family, which had long possessed estates in that and in other western counties^. Mr Valence Jones, however, proved anything but a desirable husband. His affairs became soon hopelessly involved. He left his family at Mrs Philip Yorke's house at Dover for long periods, and only returned home to appal his wife, in the intervals of despairing fits of silence and intoxication, with the announcement of fresh financial disasters. At first his brother-in-law. Sir Philip Yorke, endeavoured to restore his affairs to order and to support his sinking credit, advanced money and obtained for him employ- ment, but the unfortunate Mr Jones could not profit by this assistance and spent the money on other objects. Old Isaac Minet thus writes of him in his diary at Dover, April 1737: "The youngest daughter married Councillor Jones who doth not practice, nor hath he exerted himself, nor procured the esteem and love of his brother-in-law, the now Lord Chancellor, by which means hee could obtaine good imployes, but soe it happeneth that the difference is extreame between the Lord Chancellor and his sister's husband*." The unhappy man appears to have gone from bad to worse. He was arrested for debt, and finally contracted a fatal illness, and died in the 38th year of his age, on July i, 1737, leaving his ' n. 900, f. I. See also memorandum of Isaac Minet, Huguenot Family of Minet, by VV. Minel, p. 66. ^ Inscription in St James's Church ; Miscell. Geneal. ei Herald. 2nd series, iii. 309. 3 See a pedigree of this family, Wilts. Visit. 1677, in SirThos. Phillipps's Collections; Miscell. Geneal. el Herald. 2nd scries, iii. 308 ; Gent. Mai;, lix. 584. •* W. Minet, Huguenot Family of Minet, 66. 36 FAMILY OF SIMON YORKE c o o n t« c _. - 1) 1) c o *^ ►>* VO ©■±3 ^ O Pi ^ "= s 0) aj 5 ^ tyj O bx) -i 0) o u rC j^U-^ O t« " I— > Ml . C ^ III a3 VO C ° C c o ;3 I- O 5 ■*=• « y 1=^9 S-5 .'Q . t/> . c c M C '^ O ■S ^ o P^ (U M OS .\0 <^ i; 0) Q VO o 1^ c 'f^ HH rt .£■ k ^ VO "O Cm 3 o c OS c o I — I X. 1) ■^ o Q O o -4-* •A U 8^ t. (U O -^ o li— ( o a; u ■*—' ^ (LI y *-t-H Xi a n o CU HIS DAUGHTERS 37 family with very slender means of support. After her mother's death in 1727, Mrs Jones appears to have lived with her sister Mrs Billingsley and later in London. She received an annuity from a fund of which the Chancellor was trustee, who treated her with kindness and who also settled small portions upon her two daughters^ She died October 6, 1762, aged 66"^. The daughters, who died unmarried^, and one son survived their parents. Hugh Valence Jones, born December 9, 1722, entered the public service and performed duties of importance and responsi- bility with credit and success. In 1743 he was made Secretary to the Duke of Newcastle, accompanying the latter when he attended the King on his visit to Hanover in 1748. His name often occurs in that capacity in the political correspondence and negotiations of the time. He preceded Colonel Joseph Yorke, the Chancellor's son, as M.P. for Dover, but resigned in 1759 on accepting the post of Commissioner for the Revenue in Ireland, and later obtained the lucrative appointment of Comptroller General of the Customs and of Solicitor to the Treasury, He appears to have died unmarried in London in 1800, and was buried at St James's Church, Dover, with his parents and family*. Elizabeth, the Chancellor's other sister, obtained a husband fortunately of a different character in John Billingsley, a noncon- formist minister who belonged to a well-known family of dissenting divines of high standing and ability. His grandfather, John Billingsley the elder (1625-84), fellow of Corpus Christi College, Oxford, though a strong royalist, refused to subscribe to the tests demanded by the Act of Uniformity at the Restoration and was one of the 20CX) nonconformist ministers deprived of their livings in 1662'', and his father, John Billingsley the younger (1657-1722), presided over the dissenting body at Crutched Friars*'. The name occurs occasionally in the Dover records^ and the family was pro- bably descended from, or connected with, Sir Henry Billingsley (d. 1606), son of Roger Billingsley, of Canterbury, and Lord Mayor of London, celebrated as the first translator of Euclid into English. ' Below, pp. 40 sqq. ; H. i\, passim; II. 880, (if. 274, 280, 337; H. 881, i^. 107, 144. - H. 1 1, f. 329. » Miscell. Geneal. ct Herald. N. S. iii. 139. ■* H. II, ff. 42, 207 ; Min. of Common Assembly, Dover. "' He wrote a pamphlet against George Fox, the Quaker, entitled The grand Quaker proved a ^'ross Liar... to which Fox replied with. The great Mystery 0/ the great lVh...e unfolded * See their lives in the Did. of Nat. /Hog. ^ Corporation accounts at Dover ; Life of Thomas Papillon. 38 FAMILY OF SIMON YORKE John BilHngsley, husband of EHzabeth Yorke born in 1684, had charge of the Presbyterian congregation at Dover, and in 1732, shortly after his marriage, took orders in the Church of England ; but it was some time before the Chancellor, who was exceedingly scrupulous and careful in his ecclesiastical patronage, procured him a living. He eventually obtained those of Newington, Oxfordshire, and of Purley in Berkshire and a prebend of Bristol. He died in 1753 or 1754, leaving two children, Philip and Mary\ It is honour- ably recorded of him "that he maintained friendly intercourse with the dissenters to the last-." His wife survived till 1765. Philip Yorke, the Chancellor's father, lived at Dover till his death. Edward Lloyd, the successor of Henry Yorke as rector of Ripple, writes of him in the parish register as an " obstinate executor, well versed in the knavish part of the law, and very resolute to insist upon it." But we do not hear Mr Philip Yorke's opinion of the Rev. Edward Lloyd. Doubtless he was a good man of business and a person of some influence and standing in his native town, which was considerably increased by his son's reputa- tion ; for before his father's death, at the early age of 29, the latter had been made Solicitor-General, and was already regarded as one of the ablest supporters of Sir Robert Walpole's administration. A correspondence, of which the early part is in Latin, testifies to their mutual affection, the anxiety and care of the father for his son's education, progress and welfare and the son's responsive energy and industry I He died on June 18, 1 721, in the 70th year of his are^ Mrs Yorke survived till 1727 and continued to live at Dover, where the unfortunate Mrs Jones joined her and where her other married daughter also resided. Her letters to her son^ written in a tone of warm affection, turn chiefly on the subject of her son's ^ Miscall. Geneal. et Herald, i. 299; H. 8, f. 219; H. 11, ff. 194, 246, 250, 264, 272, 294; Add. MSS. 5823, f. 136. * See life in Diet. Nat. Biog. =* H. 236, ff. 5-14, 94, 96; H. u, f. I ; H. 344, f. 173. ■• There is no truth in Cole's statement that " being of a melancholy turn of mind [he] made away with himself either by drowning or hanging," Add. MSS. 5823, f. 135. There is no trace of any such incident at Dover where it would almost certainly have been remembered and recorded, and his death is mentioned without any of these fictitious tragic accompaniments both in the Political State of Great Britain, xxi. January 27, 1721, and in the Historical /Register, vi. 27. The copy of the fifth edition of Collins's Peerage in the reading-room of the British Museum, v. 318, has the same assertion scrawled in the margin by a ?Tory hand. Cf. Hasted, Kent, iv. 99, Of the same character is the anecdote copied by Cole with great gusto from the London Chronicle of April 3, 1770. Add. 5823, f. 136. 6 pp. 40sqq. FAMILY CORRESPONDENCE 39 Dover property, of which she received the rents, and on her longing desire to see him at Dover, a wish which, owing to the latter's increasing press of public and professional business, became each year more difficult of realisation. The inscription on the tombstone of the Chancellor's parents in St James's Church, Dover, which was placed there by his directions, runs as follows : Arms, Yorke impaling Gibbon^. " Here lieth the Body of Philip Yorke Gent: who married Elizabeth, the only child of Richard Gibbon Gent: and had issue three Sons and six Daughters, of whom one Son and two Daughters are surviving, the other six lye interred near this place. He died June 18 : 1721 in the 70th year of his age. Here lieth alsoe the body of the said Elizabeth, wife of the above mentioned Philip Yorke, who died October 17th, 1727, in the 69th year of her Age. Quos Amor in Vit^ conjunxit non ipsa Mors divisit'^." Correspondence Philip Yorke, from his school, to John Mellor of Erthig [H. II, f. 7.] Bethnal Green, Nov. 4, 1706. Worthy S"^ Being oblig'd by a command, which I dare not disobey, and emboldened by your many favours ; I have presumed to offer to your perusal a copy of my grandfather's will'', and to desire your judgment in the following case : which please to take briefly thus. The testator, (as you will find,) has left my grandmother tenant for life to a farm called Wansone, not far from Dover, and settled it upon Rich^ Gibbon, my late brother in law^ with many provisoes in case of his decease without issue, which happened several years ago. Since that it has been frequently contested between my mother and grandmother, (not without some heat) whether after my said grandmother's death, the former be heir to this estate, and can dispose of it at will, or be only tenant for life, as the latter is at present. My grandmother indeed sometimes won't allow that she ' See below, p. 44. ^ See also Miscell. Geneal. et Herald. ?n(l scries, iii. 309. ^ Richard Gil)l)on of Dover, p. 34. ■• No doubt his half-brother, whose name, however, is usually given as I'hilip. 40 FAMILY OF SIMON YORKE is either, but asserts that she has a right only to ^^30 per annum, and that the article, in which that annuity is mentioned, is of the same force as if my brother were living. But I concieve this will appear to be a mistake. My mother being desirous to be satisfied therein, and to put an end to this dispute, engaged me when I was last with her to crave this favour of you, bidding me assure you in her name that she should esteem it a great obligation if you would interpose your opinion concerning it, because she thought it not proper for some reasons to refer it to my Father. I hope S'' you'l pardon this trouble, and at your leisure honour me with an answer, who shall allways be ambitious to evince, that I am Yo"" most obliged and humble servant Phi: Yorke, Jun^. Pray S'' give my humble service to my Cos. your Sister, and acquaint me in your next whether you have seen M^ Trigarie^ Mrs Elizabeth Yorke to Sir Philip Yorke, Attorney- General [H. ii,f. 69.] [n. d.] Dear Son I should not haue been so long before I had wrote to you if I could do it without great trouble but both my eyes & hands fail so much that it is very difficult for me to do it in any tolerable maner ; I haue been much concerned at not seeing of you in so long a time & do assure you it is what I the most earnestly desire of anything in this world which I cannot expect to continue a gret while in ; I should be very glad to settle those afairs that are between us which I shall take care to keep very justly & you may depend upon haueing a true account from me when euer you require it with all that belongs to you ; the princable occasion of my writing is M"" Jones affair which has giuen me much concern I & his wife haue urged him earnestly to make up this mater in the best maner he can he went for London a iQw days ago & seems re.solued to put an end to it as soon as he could which can not be done no other way then by disposeing of some part of his estate I understand he hopes M"" Chappie will aduance the money at presant & take the estate in to his hands for security till it can be disposed of to any tolerable advantage I much desire that for the sake of me & his family which increses apace you would be so kind to send for him & aduice him in a friendly 1 The solicitor recommended by Mr Mellor for his law-tutor. Another letter on the same subject, H. ii, f. lo. MRS ELIZABETH YORKE 41 maner to finish this mater in the best way he can for the thought of it giues his wife as well as myselfe a great deal of trouble. I hartily wish he could fall in to a saml [small ?] shere of busnes to help suport his family but if his cappacity is not so great as may be necessary for that Imployment could there be no place procured either for Interest or money which might be of sume aduantage to him & not inconsistant with his busines I should greatly reioyes at any thing that might be benifishall to them & which might tend to preuent there going into CornweP wile I Hue which would be a very great greife to me : I refer this mater to your beter judgement & should be glad to know your thoughts about it & shall take any kindnes done to them as the greates Instance of your affection to me ; I conclude with my best respects to you & yours & my harty prayers to Almighty God to bles & prosper you in all things I am euer your affectionate Mother Eliz: Yorke. feb^y g"' Mrs Jones to the Attorney-General [H. II, f. 67.] [Dover, Nov. 23, 1724.] Dear Sir, My mother has informed me of an affair which has given me a most inexpressable Concern and Supprise, for I really believed since you were so kind to let M'" Jones have the Last Sume of money his Circumstances where perfectly easy both from his temper and behaviour and how a man could seem intirely satisfied when such a Calamity was just a comeing upon him is amaysing.... If it be not so in reality I am the most deceived and unhapy person that can be. I am very sencible I have no right to ask any favor of you but yet I presume to beg you would be so good to give y"" self the trouble to talk to him very freely of this mater and give him what directions and admonisons you think proper, this I shall take as the greatest Instance of y'' Goodwill to me and mine.... Ever with the Greatest Respect Dear Sir y"" most affectionate Sister and hum^iie Ser'. M. Jones. Mrs Elizabeth Yorke to the Attorney-General [II. II, f. 92.] In. d.| Deare Son, This comes to Inquire afftcr the health of you & your familey which I haue not heird of by letter from you this eight months. I haue sumtims the satisfaction of hereing by my son 1 Mr Jones's estate was at Penrose, Cornwall. 42 FAMILY OF SIMON YORKE Jones & others but I should take it much kinder to haue now and then a Hne or so from your selfe, tho I am very senceible the Ingagements of your offces & other busines are very great. I now am going to request what I hope and much desire you will not deny if it be posible to comply with it & that is that I may haue the happines of seeing you once more; for I find the Infirmitys of age aduance upon me which makes me the more desireous of seeing you & that we may settle those affairs which are between us which I beliue will be very easeyly done I haueing been as carfull in keeping of all accounts as posible. I hope there will be a litle money in bank for you this year tho it has been a great while frist [first] because of the large repairs which I haue ordered with as much frugality & took as proper aduice puon \_sic\ as I could being what I do not vnderstand myselfe, but they tell me that most of the easte [estate] is now in good repaire I haue only to add that I desire to hear from you & that all freinds with me are well & send their best respects to you. I conclude with my kind loue to you & yours & hartily pray to Almighty God to bless & prosper you in all things. I am always your affectionate Mother EliZ: Yorke. April 2"^. Mrs Elizabeth Yorke to the Attorney -General [H. ii.f. 98.] [n. d.] Deare Son, I receiued yours of ii^^ by which I find you haue been in a great huriy of late which I fear may proue prededisall to your health but hope you haue found benefit by the cuntery air & a little respite from busness a [.-' as] you intended to take in the hollowdays....As to their [M^ and M^'s Jones] liueing with me it is really uery satisfactery to me & no disaduantage for they haue paid me hansomely for their boord since they were married, & for his part I must do him the iusteces to say his conversayion is sober & inofenciue I wish more of his time where taken vp with business which 1 hope wold be agreeable to him as well as me I shall add nor more but my hartty desire to see you this sumem'' & prayers for the hapiness of you & yours and am your affectionate Mother Eliz: Yorke. April 28'*. MRS JONES 43 Mrs Elizabeth Yorke to the Attorney-General [H. II, f. 114.] [17250 Deare Son, I had your kind letter one Saterday night for which I return you many thanks & do take the addision^ you are pleased to make to my Income as an Instance of your good will and affection to me : I flatered my selfe much with the thoughts of seeing you which I do most earnestly desire & its a real Concarn to me that I am disapinted so long I still hope that when you can spare a few days you will be so good to comply with my disire when it can be with out pregduice to your selfe ; I am glad your purchase in Glostershire- proues to your satisfaction & should be well pleased if I should Hue to see you make one in Kent in some time October \2th. Mrs Elizabeth Yorke to tJie Attorney-General [H. 11, f. 134.] [n. d.] Deare Son, I receiued your last kind letter & hoped by this time to haue been certain of seeing you here but I understand by yours to the towne Gierke^ & also by my son Jones you cannot yet fix upon any time I hope your busines & priaute affairs will not be so pressing but that you may find a few days before the end of the vacation to see your freinds at Douor & to look into those little maters that are betwen us : I do uery earnestly desire to see you & wish I may not be disappointed any longer I desire to here from you to know when I may be so happy to expect you ; I haue nothing more to add but that all freinds with me are well & send there best respects to you my kind love & hartty prayers for your hapiness atend both you & yours. I am your most affectionate Mother Eliz: Yorker July iith. ' Of £20 a year (f. 115). ^ Of the Ilanlwickc estate, see p. 107. ^ Koljcrt Wellard, town clerk of Dover. * Other letters from the same, ff. 34, 39. 44 FAMILY OF SIMON YORKE Mrs /ones to Jier brother the Attorney -General [H. II, f. 138.] \Noz: I, 1727.] Dear Sir, I have ys werein you are so good to express an intire satisfection in my mother's disposeial of her affairs'. My sister & I both very much wish my D"" mother who no dout desined us all the good was in her power had secured what she left to our own separate use but it was what to be sure she never thought of. I prity much wonder the Consideration of my Circumstances should not put it in her mind for she very well new the Great Incon- veniences I must have been reducied to had it not bin for her goodness & protection Indeed the thing is not of Great Value but if it had been of much less I should have been glad to have had it at my own Command I would not by any means be thought to repine it's not more considerable for us my mother was so kind to spend her revenue among us in her Life our Obligation to her is the Greater. She has left about Seventy pounds in money besides the old gold that's dispoesed of in her will which is sealed up & directed as she would have it given & I owed about five and forty pounds to her for our bord but from this is to be deducted thirty pounds which she had taken of y money which would not have been due to her till Crismas as I find by a note she has put in to the bag with y"" money. I suppose my being so far behind might be the occasion of her doing it she being unwilling to part with some of her beter sort of money you will perceive that this sume will but defray funeral expences & morning for our selfs & the servants in the family which out of respect to my mother we could not avoid clotheing decently tho with as little charge as we could, we have informed my aunt of the omission in my poor mother's will & she was earnest immeately to make a new one herself '^ Inclosed is the impression of the seal you desired^... if it should prove an imperfect guide we must sent a peice of plate where the arms are well done at full. I thought it might be proper to send the inscription that is upon my father's stone that you may make what adision you think proper upon this occasion, the arms are well cut upon it. I think my self greatly obliged that you will be so good to take the trouble of directing M"" Jones to the right settleing of his affaires & hope he will be so wise to deal sincerely otherwise as you observe it will be Impossible to do him any good. I have not heard from him these three weeks which with Hatfeild's frequent writing & pressing him to come to London gives me a most ' Mrs Yorke died on October 17, in her 69th year. "^ Elizabeth ^'o^ke, unmarried daughter of Simon Vorke, who appears to have sur- vived till 1732. The will was made immediately on October 23. MSS. at Erthig. ' For the Gibbon arms impaled with Yorke now placed by Sir Philip, together with inscription, on his parents' tomb in Old St James's, Dover, p. 39. MISFORTUNES OF MR JONES 45 Inexpresible Concern. I fear that he is either sick or something very bad is the occasion of his staying so long. We will take care that the repairs which were absolutely necessary shall be finisht at Wanson^ My aunt charged me to give her kind love to you with thanks for y^ goodness to my uncle Simon- with which she is extreamly pleased, pardon me this long scrawl which I fear you will hardly be able to read & believe me to be always, Dear brother & my only freind y"" most affectionate Sister & humble Ser'. M. Jones. I believe the tankard you have will be the best direction in painting the arms. Mrs Jones to the Attorney-General [H. II, f. 170.] [April g, n. d.] Dear Sir, I return my hearty thanks for the favor of y^s & for all your kind concern for me I am to my great affliction fully ap- prised how contrary M"" Jones acts to his own & family's Interest I wish it was in my power to prevent it & that he could be prevailed upon to apply himself to business which would be the best way to retreve past mistakes, I am greatly obliged for your goodness in endeavoring to procure him a place & wish he may be so prudent for the future to behave himself in such a maner as that he may not be all to gether unworthy of your favors.... Mrs Jones to the Attorney-General [H. ij, f. 188.J [n. d.] Dear Sir I hope this will find you safe... I have talked with M'' Jones as much as I can... I have had little or nothing from him this two years & am got so far in debt to my sister 1 know not what to do & neither her Circumstances nor temper can bear any thing of that nature tho I must be so just to say she has been very kind to me & my childeren far beyond what I could ever have expected she is now very uneasy because she is going to put out a sum of money & I fully expected a supply when he came home he jjrcjmises me I shall have some very soon but I have been so offen disappointed 1 cannot depend upon anything & the greatest of my misfortune concists in the unhappiness of ' p. 39. '■^ For liis career and niislorlunes, p. 26. 46 FAMILY OF SIMON YORKE his temper for when his affairs go wrong through his own mis- management or cross accidents which he has meet with his share of he sets down & vexes instead of endevoring to free himself by- prudent methods from them he has been so 111 since he came home he eats little or nothing & I fear he is falling into a Jaundice or Consumtion which I take to be wholly occasioned by discontent & uneasiness of mind 1 cannot charge him with any expencive vice for no man can lead a more regular life than he does when he is with me & I really think all our IncoJivenieJices are owing meerely to viismanageme]it, I beg pardon for troubling you thus long but 1 am so much oppressed with difficultyes at present I know not how to act. If i could be certain of his having money returned in a month or two I would intreat the favor of you to assist me at this juncture when I am so much distressed but as I cannot promise a positive time of payment I dare not presume to borrow tho I have the outmost need — my best respects atend you & yours 1 am ever Dear Sir y"" most affectionate Sister & humble Ser'. M. Jones. Dover, August },\.st. Robert We Hard {Town Clerk of Dover) to the Attorney-General [H. 344, f. 280.] Dover, Nov. \\ih, 1729 Sir Mrs Jones writes you by this Post, but least she shou'd not be full enough in her letter, she desires I would add a line, tho' I find she has wrote you before sufficient for your Information, and what I have now to say will be only a repetition of the same thing. There is a Ca: Sa:^ agt M^ J[one]s for 200^ Debt and \oos. damages returnable in the Comon Pleas... he was taken thereon last weeke, but those for the Pl[ain]t[ifT] dont know it yet. I have in concert with the ffamily procured his liberty & the whole affair is kept private hitherto, but what is to be done further I know not, for his part he's utterly uncapable to think or act anything towards extricating himself from the difficulties he is under, and the whole dependance is on you ; and your directions are expected. 1 aske pardon for being so free, and believe you'll forgive me, if I proceed to tell you, what is too visible to all who converse with him. That he is under difficulties is most certain but what they are I know not, he affects great secresie and keeps his affaires from being known by his nearest ffriends, and this has a very unhappy effect ' Writ of capias ad saiisfacietu/um. DEATH OF MR JONES 47 upon him, it preys upon his spirits and makes him have recourse to such practices as have almost destroy'd his Constitution, and really (without something done to set his mind at Ease, and that he will forbear his present bad practices, I mean drinking) there is no likelyhood of his living, I was going to say not six months. I wou'd not say this much, was it not in hopes of doing good to him and that it may be fit you shou'd know it, and perhaps the ffamily may be tender in mentioning such a thing to you, tho' they are all of the same opinion with me, but none of them know \sic\ mention any such thing to you. I beg your favourable interpreta- tion of what I have said and that you will give me leave to be, Sir, your most obedient humble Servant, ROBT. WELLARD*. ^ The unfortunate Mr Jones died in 1737. CHAPTER V YOUTH AND EDUCATION Meanwhile, a whole period in the life of the younger Philip Yorke had already been traversed, and his mother before her death had seen him raised to the ofifice of Attorney-General. Reentered upon life and upon his profession under exceptionally advantageous conditions. He sprang from a class and from a stock from which many great Englishmen have come. All the circumstances of his birth and of his early associations combined to favour his developement. From the first were instilled in him austerity of morals, untiring industry, perseverance in the face of disappointment and difficulty, calm equanimity of temper, steady and unbending uprightness, clear sense of duty, a strong and simple religious faith and courageous and firm convictions. The child of the Revolution, born almost in the very year of the opening of the new epoch, every influence, both domestic and local, must have im- pressed him powerfully with hatred of the Stuart administration and its attendant evils. Among the gentry, the clergy, the lawyers and the merchants of Dover, who had all suffered in their several ways from the late misgovernment and despotic methods, there could have been few to regret the old order of things or represent Tory opinions. Every- where there must have been a feeling of relief, a sense of new security and new happiness, which had been long absent from English life. The annals of his own family must have impressed all this with increased force on his mind. His grandfather had been one of the leaders of the town in resisting the encroachments of a despotic government upon religious freedom. His father had aided in defending the civil liberties of the borough. He himself, as a child, may have watched from the heights of Dover the flight in frail and open boats of the oppressed and hunted victims of religious persecution, and have witnessed their joyful landing on these happier shores of freedom and security. EDUCATION OF THE YOUNGER PHILIP YORKE 49 Such lessons and such surroundings must have made an ex- ceedingly strong impression on a youth of intelligence and feeling such as we know Philip Yorke to have been ; and these early associations influenced him throughout life and, with his admirable home training, retained their force through all the various and difficult phases of his career. Favoured in these first and important steps of life, he was no less fortunate in his place of education. This was a large school of some reputation, kept by Samuel Morland, F.R.S., at the Blind Beggars' House at Bethnal Green. Morland was a personal friend of the celebrated Dr Samuel Clarke' and a man of great scholastic attainments, and Philip Yorke, who remained under his care till the age of 16, received at his establishment an excellent education. He appears to have attained greatest proficiency in classics, and possessed, at the close of his career at school, a knowledge of the Latin literature and language which was exceptional even in his day, when classics were studied far more thoroughly than at present. His Latin letters, many of which still exist in the rough draft, show him to have acquired great facility in that kind of composition, together with a considerable mastery of idiom and vocabulary and the power of expressing in that somewhat inflexible tongue the incidents and ideas of his own times. The great Greek writers also were studied. In mathematics he had no less a teacher than William Jones, the intimate friend and correspondent of Sir Isaac Newton, and the father of the celebrated Sir William Jones. In this branch of his education he does not seem to have made the same rapid progress. This appears from a letter written in 1707^ by Joseph Hind, a schoolfellow, though the latter declares the reason to have been not that he was incapable of ma.stering the difficulties of this science but that his mind was intent on higher aims and on preparing himself for a great career of usefulness to his country : " animi tui libera optione qui, sapientissime nugas illas aspernabiles nobis relinquens, altiora spectas ; quae tibi patriaeque tuae im- primis profutura sunt. Deus conatibus tuis eventum det felicem." But Philip Yorke repaid the care and attention of his teacher in after years with several substantial marks of his friendship and esteem. He was attended by him when on circuit as Chief Justice, and when Chancellor he bestowed upon him the sinecure office of "secretary of the peace," then worth about ^200 a year, which • Notes and Queries, Ser. 8, vi. 417 ; Annual Register, vii. 279. '•' II. 236, f. 33; and see f. 30. -See p. 61. 50 YOUTH AND EDUCATION Jones retained till his death in 1749 and which enabled him to pursue his scientific researches, unburdened with the necessity of teaching^ But besides these important branches of education, Morland was eminently successful in forming in his pupil, even at the early age of 15, a fine literary taste in English as well as in classical writings, which proved hereafter one of the chief pleasures of life in moments snatched from professional and political labours, and in retirement; and the tone of their correspondence shows that the schoolmaster thoroughly understood the art of stimulating ideas and arousing the intellectual powers of his pupil. His instruction extended far beyond tuition in school subjects. He discussed with his pupil the events of the day, and moral and philosophical questions. An essay by Philip Yorke, written at this time, at the age of 15, " On a State of Retribution," is remarkable for its logical argument, its deep religious tone as well as its high conception of justice as at once a divine and a human attribute, in which is already suggested the great ideal which afterwards guided and inspired his life. Granted, he writes, that God exists, is uncreated and is perfect " it is natural to conclude that one of these perfections is an impartial Justice, since those Mortals who are possest of it, tho' in much more inferior manner than the Deity can be thought to be, command more true honour and respect from their fellow creatures and make a much more lovely figure than other men." And this divine justice is not conceivable unless in a future life there are retributions and rewards-. Morland's influence was evidently deeply religious. At the same time it was thoroughly practical and bracing, with the definite aim in his teaching of preparing his pupil for the duties of life. The relations which existed between them were delightful, rather those of father and son than of master and pupil, marked on the side of the elder man by a warm affection and pride in the younger's abilities and on the youth's by a full return of regard and respect and by the fullest confidence. In a Latin letter written by Morland at the time of Philip Yorke's departure from his school at the age of 16 to take up his legal studies, a striking passage occurs in which he congratulates himself on the good fortune of having been the master of a genius, declares the brightest day in his own life to have been that on which he was entrusted to his ' Life of Sir VVm Jones, l)y Lord Teigiimouth, pp. 96, 98, 99; Nichols, Lit. Anec. i. 463 and Diet, of Nat. Biog.; a copy uf his Mathematics (1706) is in the library at Wimpole. '' II. 236, f. 9. SCHOOL FRIENDS 51 care, recalls his probity of character, his unquenchable thirst for knowledge and the pleasant studies pursued in common, and fore- tells the future celebrity of his name. With the satisfaction thus expressed is joined a certain note of sadness, arising perhaps from the consciousness of his own powers and of the schoolmaster's fate, which is for ever preparing the road to the great world for others from which he is himself excluded. The boy replied in terms of genuine feeling and affection for his old master. If the latter could thus speak of him, how much more had he himself reason to look back with gratitude at the kindness, care and guidance which he had received^ Few anticipations of the future fame of genius, so striking and so well authenticated, can be cited. We may gather also from other sources how greatly the young Philip Yorke impressed his contemporaries. " I have had an extra[ordinary] good opinion of the Lord Chan[cellor]," wrote old Isaac Minet, the Huguenot refugee of Dover, some years later in his diary, " since the time he was about 20 years old ; by an accident that happened in which he acted and behaved with the prudence of a person of 40 years-." A tone of deference can already also be detected in the letters of his youthful friends and schoolfellows and there are frequent allusions in them to his future greatness. These included Samuel Palmer*, another pupil who did credit to Morland's school and afterwards entered at Christ Church, and David Papillon^ grandson of the famous Thomas Papillon who had played so honourable and distinguished a part in the struggle for liberty during the reigns of the three last Stuarts, and son of Philip Papillon (1660- 1 736), M.P. for Dover, the friend of the elder Philip Yorke, with whose family there was maintained a long connection of friendship. Another was Sir Thomas Roberts, fifth baronet of Glassenbury in Kent* and godfather to John, Sif Philip Yorke's fourth son. The capacity for forming strong friendships and for keeping them through all the varying and distracting phases of busy public life was always a marked feature in Philip Yorke's character. 'T had ' II. 236, ff. 14, 16, 26, 76, 152-3. Morland's letters are printed by Harris, i. i4sqq. See also Add. MSS. 4325, f. 112. "^ W. Minet, Huguenot Family of Minet, 66. We are given no clue to tiie nature of this incident. '■' P- 58. * II. 236, ff. 98, 118, and II. 237, f. 71, and for other letters index to Add. MSS. ' See correspondence, II. 236, ff. 12, 160; llist. of this family in llasted's Kent; G. E. f". Complete Haronctat^e, i. 152. Marlha Roberts, aiJiiareiitiy of this family, had married Kdward Gibljon, Mrs Elizabeth Vorke's first husband, j). 34. 4—2 52 YOUTH AND EDUCATION the singular good fortune," says George Hardinge in his Memoirs of Sneyd Davies,''\.o read a series of letters... written... to a country gentleman, his friend, when he had just commenced his professional career. They are easy, natural and pleasant, relating anecdotes... in the most entertaining manner and apparently well informed in the political circles of the day." He adds, " Nothing is more amiable than such attentions to an absent and rural friend, as calculated for the single object of social benevolenceV Samuel Morland, to whom he was so much indebted, disappears early from the correspondence. A few Latin letters between them have alone been preserved. He appears to have kept on the school till 17 19 when the schoolhouse was advertised to be let-. In 1723 at any rate he was dead. In that year we find Sir Philip Yorke, now Solicitor-General, in gratitude to the memory of his old master and on behalf of his widow, endeavouring to protect his son from the consequences of his extreme misconducts There seems at no time to have been any doubt as to young Philip Yorke's profession nor any hesitation as to the choice of the bar rather than the employment of a solicitor. Probably his striking abilities induced the sacrifice of the succession to his father's already well-established practice as a country attorney for the sake of future and more uncertain renown, for at the age of 15, in 1705, he was already destined for the bar^. A letter written by himself, apparently to Lord Chief Justice Holt, of this date\ asks for the judge's advice as to the best method of preparing for his future career. He there speaks of himself as one who had been carefully educated for the bar by his friends and whose endeavours had been already favoured by Providence. The alternatives appear to have been "laying the foundation in Insti- tutes, Reports and Statutes," practising as clerk for three years in a solicitor's office, and obtaining familiarity with the practical working of the law, or pursuing his legal studies at a university, or again following the more " generous " way and obtaining a general educa- tion preparatory to being called to the bar. The first course was eventually chosen and, as the event showed, wisely. A purely intellectual training and a leisurely life at college would have been ^ pp. 142-3. .Some of these letters are printed by Nichols, JJt. Illustrations, iv. 125. * The Daily Courant, March 21, 17 19, quoted by Harris, i. 23. » H. 236, ff. 286, 288. * J. Benlham in R. Cooksey's Essays, 54. The account contributed by the anony- mous correspondent to the same work, pp. 72 sqq., is wholly fabulous. » n. 236, f. 7. ENTERS SOLICITOR'S OFFICE 53 an insufficient preparation for a profession which entailed then, far more even than at present, unceasing toil and attention to minute and uninteresting details, and might possibly, in Philip Yorke's case, have developed in undue proportion his natural turn of mind towards generalisation. He would have been drawn away from the study of the dull details and " single instances," from the historical developements of English law to that of Roman or com- parative law and to pure jurisprudence. He might have written a valuable treatise like his contemporary Montesquieu on the Spirit of the Laws or possibly, by his study of legal principles, have discovered a basis on which to found a, codification of the laws of England. But he would not have been the great Judge and Chancellor. For a brilliant jurist was not competent to fill the judicial office unless he possessed as well an intimate acquaintance with the peculiarities and technicalities of English law and custom and some practical experience of their working. The training there- fore which the young Philip Yorke obtained during the years spent in the office of a solicitor was, though irksome and laborious, of great utility to him in his future career : in particular, his know- ledge thus gained of the working of the complicated system of land tenure in England proved of great value when he afterwards came to preside over the Court of Chancery and to lay down principles governing property in landed estates, while his personal experience of the methods of solicitors must have been of ad- vantage when he was called upon to reform the abuses which had crept into their legal practice. More generally speaking, this practical training at the outset of his career may have corrected some natural tendency towards unsubstantial theory and hasty generalisation, inherent in a young mind of originality and genius, and have produced that perfect balance between innovation and respect for precedent which was afterwards so remarkable a charac- teristic of his decrees. After careful inquiry by his father and relations', Charles Salkcld, a well-known solicitor in London in large practice, clerk of the papers of the King's Bench and brother of Sergeant William Salkeld, a famous barrister of the day and the author of the Reports, of which the first volume was in after years edited by Philip Yorke himself, was chosen for his law-tutor, with whom he resided at his house in Brook Street, near Holborn Bars, from ' p. 40; I'hilip Yorke the elder to Jolin Mellor, II. ii, IT. 6, y; K. Cooksey's Essays, 54. 54 YOUTH AND EDUCATION the age of i6 till sometime shortly before his call to the bar in November 17 15, when he removed to his own chambers. Such an arrangement appears to have been then a not unusual one for students preparing for the higher branch of the profession, and Philip Yorke found at Salkeld's several young men reading like himself for the bar, of whom three at least besides himself, Robert Jocelyn, Thomas Parker and John Strange, rose to the highest offices. All these remained intimate friends of Philip Yorke to the last and owed much of their advancement to his steady and kindly support of their interests. Robert Jocelyn {c. 1688- 1756), described by Lord Chesterfield as " a man of great worth," like Philip Yorke in England, filled all the high offices of the law in Ireland successively, being called to the Irish bar in 1706, made Solicitor-General in 1727, Attorney- General 1730 and Lord Chancellor of Ireland in 1739, through the influence of Lord Hardwicke. In 1743 he received the title of Baron Newport, and of Viscount Jocelyn in 1755 ^ Thomas Parker ic. 1695-1784), a relation of Lord Chancellor Macclesfield, through whom perhaps the friendship between the Chancellor and young Philip Yorke originated^ which is said to have had so much influence upon the career of the latter, was admitted into the Middle Temple in 17 18, was called to the bar in 1724 and made Serjeant at law in 1736. In 1738 he was "sworn before his great patron and friend Lord Chancellor Hardwicke," Baron of the Exchequer, removed to the Common Pleas in 1740, and was knighted and made Chief Baron of the Exchequer in 1742, where he remained for the remainder of his legal career^. John Strange (1696-1754), the author of the well-known Reports in which he was assisted by Sir Philip Yorke, who con- tributed to the work several of his own early legal arguments, was admitted a member of the Middle Temple in 17 12, was called to the bar in 17 18, was counsel for Lord Macclesfield and K.C. in 1736 and Solicitor-General in 1737. The following year, on the death of Sir Joseph Jekyll, he was offered the Mastership of the ' O'Flanagan's Lives of Lord Chancellors of Ireland, ii. 74-90. For their correspon- dence see Index, Add. MSS. and esp. Ii. 236, f. 64, where a letter from P. Y., 1708, has cured a fit of the spleen, and ff. 155-6, 223, 229, 246, 274 etc., and the whole cor- respondence between them in 1721 ; also his letter September 5, 1739, on becoming Lord Chancellor of Ireland. - H. 236, f. 206, where Lord Ch. Parker asks Sir P. Y. that T. Parker may succeed Salkeld as clerk of patents " not pressing you to anything but just what you think is most fit for you to do." •' Diet, of Nat. Biog.\ Gent. Mag. Iv. 77. I CONTRIBUTES TO THE SPECTATOR 55 Rolls by Lord Hardvvicke but declined it, accepting the Recorder- ship of London in 1739 and being knighted in 1740. He appears to have voted against Walpole on the Indemnity Bill and in 1742 retired from all his offices. At length, in 1750, he returned to judicial work and accepted from the Chancellor the Mastership of the Rolls which he had twelve years before refused'. Meanwhile, Philip Yorke was prosecuting his legal studies and attending the courts assiduously, of which evidence still remains in the collection of note-books and of rules, opinions, cases and treatises transcribed in his hand-. Writing to his school friend. Sir Thomas Roberts, he speaks of the " crabbed barbarous study, that has the greatest tendency to make a man unmannerly. For its notions are so bulky and ill-shapen that when they once enter the brain they jostle out everything elsel" Nevertheless, as he wrote to his uncle, the rector of Ripple, he was content with no half knowledge of the law, but his desire was to master it and acquire in time fame and distinction''. From henceforth all purely literary and intellectual pursuits had to give way to the study of the law in all its branches and could only be followed in moments of rare leisure. Leaving out of account some Latin verses, a few occasional lines of no great merit, and a few essays on moral subjects written for his sons, no purely literary production, with one exception, from his pen exists. He was, however, on one occasion, April 28, 171 2, the contributor to the Spectator of an essay, No. 364, on the subject of "Travel of Youths abroad," signed " Philip Homebred." The paper is written in the Addisonian manner, but has little originality and nothing characteristic of the writer's thought and style, and has with justice been pronounced by Dr John.son as "quite vulgar" and as containing "nothing luminous'." Lord Hardwicke, however, undoubtedly owed much of his success, both in law and in public business, to his excellent ' Did. of Nat. Biog. - H. 587, 639-46, 677-9. MI. 236, f. 160. ■» H. 236, f. 147. ' It has, however, ajjparently been the model of Lord Eldfin's Oxford English Prize Essay of 1771 on the same sul)ject, when the same "dreadful consequences... of early travel" in which " the young traveller is deceived by every delusive example" are again emphasized, and further, the "ill-directed laljour.. .employed in attempts to ac(iuirc the niceties of foreign pronunciation " is disaijproved. Oxford Eni^lish I'lize Essays (1836) ; ]ioi,y:t\Vii Johnson, ii. (Croker), 505. The original essay differs in some details from the later editions (II. MoAity'a Spectator, 533). It "was reprinted in Lloyd's Evening Post on Monday in honour of the illustrious author," i.e. on his death. (Hirch to the second Lord IL, March 14, 1764, II. 52, f. 151.) .According to the same writer. Lord II. was also the writer of another paper in the Spectator, but which one iiis son could not remember. 56 YOUTH AND EDUCATION literary education, and his own speeches, decrees and letters, as well as the King's Speeches, a whole series of which, extending over a quarter of a century, were written by him, have the dignity, simplicity and precision of language which are only to be acquired by a sound literary education and extensive and wise reading. While thus intellectually equipped for his career, Philip Yorke entered his profession with some material advantages denied to many other young barristers. There is no foundation whatever for the legend which would represent him as a kind of legal Dick Whittington, as the "son of a peasant," beginning life in needy circumstances, unknown and unaided, struggling against adversity, and then rising to the highest eminence, like the famous Lord Mayor of London, almost by a miracle ^ A strange comparison was sometimes drawn between his career and that of Lord Mansfield. Dr Johnson is supposed to have asked what could be the inducement to write the life of the latter. " Born of a noble family, reared with a costly education, and entering the world with all Scotland at his heels, what is there to wonder at in his elevation? If his nurse had foretold it you wouldn't have taken her for a witch. No, sir. If I were to write the life of an English lawyer it should be the life of Lord Hardwicke, a son of the earth, with no education but what he gave himself, no friends but of his own making : who still lived to preside in the highest Court of the Kingdom with more authority, in the Cabinet with more weight, and in the Senate with more dignity, than any man who had gone before him. His was indeed an elevation to be wondered at. If his nurse had dared to foretell of him that he would rise to such a height, sir, she'd have swum for it^" Another account attributes this speech, almost in identical language, but still more absurdly, to Lord Mansfield himself^. If a comparison is to be drawn, the advantage in entering his profession lay decidedly on the side of Philip Yorke. ' There is consequently no basis for the silly stories invented by Richard Cooksey's anonymous correspondent and copied by almost every biographer of Lord Hardwicke. ^ C. Russell, Sviallowfield and its Owners, 260, from notes by Sir Hy Russell. The anecdote is the more extraordinary as Sir H.'s own ancestors, the Russells at Dover, were hereditary friends and connections of the Yorkes in the early part of the eighteenth century and his own grandfather Michael, as well as his great-grandfather, had managed Philip Y(jrke's property at Dover and knew perfectly the amount of his means and his birth and connections. We may be permitted to doubt the accuracy of the whole anec- dote. Is it likely that Dr Johnson would have included Scottish birth in his enumeration of I^ord Mansfield's advantages ? * Strictures on /-./iiinent Lawyers (\-iC)o), 29. FRIENDS AT THE BAR 57 The younger son of a poverty^-stricken Jacobite Scottish peer had many obstacles and prejudices to overcome before he could com- mand success in England, where the whole nation was intensely unpopular and the whole party proscribed and deprived of all power or influence. Lord Lovat's sarcastic reference to Murray in Westminster Hall, when he claimed him as a kinsman, " I wish that his being born in the North may not hinder him from the preferment that his merit and learning deserve," is well known ^ and on one occasion, at least, Murray was protected by his great contemporary from the hostility arising from such prejudices^. Lord Mansfield, in fact, equally with Lord Hardwicke, owed his elevation to his own brilliant talents, and much less to his family connections, which must have been an embarrassment rather than a source of support or assistance. Without having claims by kinship upon the great governing families of the time, Philip Yorke could count on the support of many substantial and influential persons through his own con- nections in Kent and Dover. One of these was Philip Papillon of Acrise, son of Thomas Papillon already mentioned, whose assistance now he was afterwards able to repay by services to his son and grandson ^ At the bar itself he had several kinsmen. John Mellor of Erthig, master in Chancery, whose sister and heiress had married his uncle, Simon Yorke, assisted him in more than one way at this period of his career^ So, according to a family tradition, did John Brydges of Gray's Inn, another relation ; while his chambers in Pump Court at the Middle Temple, where he appears to have first taken up his residence in 17 1 3, were shared by a cousin, Herbert Jacob, a member of the Inner Temple, of St Stephen's, Canterbury^ Other advantages were his close connection with the lower branch of the profession through his father, and the patronage that no doubt came from Salkeld's office. He entered the bar also sufficiently supplied with means and appears never to have felt the want of money. At the same time his income was not large enough to render his professional career a matter of secondary importance in life. His uncle, the rector of Ripple, had handed over estates in Kent to the elder Philip ' State Trials, xviii. 827. '^ See chap, xx., where he is charged with drinking the Pretender's health. ^ A. F. W. Papillon, Life of Th. Papillon, 98. •» p. 26. i* II. I f , ff. 12, 14. 58 YOUTH AND EDUCATION Yorke in trust for his son "for the better advancement and preferment of his said nephew " on the latter's coming of age in 171 1, and these same lands descended intact to his remote descendants^ To these aids to success were now to be added almost unrivalled powers of intellect, joined to a prodigious capacity for work and to the incalculable advantages of a natural disinclination to vice, as well as of studious and regular habits already thoroughly established and never to be departed from throughout life. By these means alone, a physical constitution, not of the most robust, proved equal to the enormous calls continually made upon it. Nor did Fortune's gifts stop here. He possessed the most consummate tact, and a natural kindliness of disposition and an agreeable good humour which passed unspoilt and undisturbed through all the dis- appointments and petty irritations of public life, the charm of which was moreover enhanced by good looks. Gratior et pulchro veniens in corpore virtus. Correspondence Philip Yorke to Samuel P aimer - [H. 236, f. 141.] [1712.] Dear Sir, ...Upon my coming to Town I found our two old parties distinguish'd by new titles ; peace and war got into the place of Whig and Tory. A man was as certainly fix'd to be of this or that division by his opinion of the new preliminaries and the partition of the Spanish monarchy, as if he had declar'd himself upon the long contested points of passive obedience and Church Government^. This humour continues and the same interests and designs are still carried on under [a] change of name with such a degree of heat and animosity, as wou'd tempt any man to think that, however we may differ in our sentiments about prosecuting the war abroad, we are agreed on all hands to foment one at home at any expense. Possibly this may be thought too severe a censure, but sure, I am it can't be denied me that nothing can be ' 11. 880, f. 20; see above, p. 24. 2 p, gi_ * The letter refers 10 events consequent upon the fall of the Whigs and the succession to office of Oxford, Bolingbroke, and the Tories who had just concluded the preliminaries of the Peace of Utrecht, on September 27, 171 1. PARTY GOVERNMENT 59 a more flagrant instance of the unconscionable power of faction amongst us than to see two sets of men, some of which on both sides were allowed to understand their Country's interest and pursue it too, when it did not stand in the way of party designs — to see these, I say, divide exactly to a man according to their several denominations upon a general question, that is of the last consequence, not only to this nation but to all Europe, and does not come under the particular consideration either of Whig or Tory. Such a height of folly are we arriv'd at that we try persons, not causes, and oppose opinions out of hatred to the men that espouse them, not the men out of dislike to their opinions, and this in the plainest cases — For my own part it is with very great difficulty that I can be brought to entertain a prejudice against anything that bears the name of so desirable a blessing as peace. I am sensible it is what the nation wants and wishes for ; but I can't help being out of humour with those that would facilitate our way to it, by en- deavouring to persuade us that to put Spain and the West Indies into the possession of the Emperor is equally dangerous with giving them to the House of Bourbon Now, let any unprejudiced man consider the House of Austria in its highest pitch of grandeur, when all its dominions were united in the person of Charles 5th, and he will find that great and wise Prince, with all those advantages, was but barely a match for France ; and it was always in the power of our King Henry the 8^^ to weigh down the scales against him with indisputable advantage. And if this were then the case, certainly 'tis the most malicious ignorant invention, that ever was palmed upon a people, to pretend at this time of day that it would be full as ruinous to the affairs of Europe to see Spain and the West Indies in the Emperor's hands, as those of France. For the power of the House of Austria has been greatly retracted in the Empire. France has obtained augmentations from them since that reign. Burgundy and Rousillon, with the places on the Spanish frontier, part of Flanders and a large tract of country, with many strong fortres.ses along the Rhine, are her conquests. Spain is greatly dispeopled, and her maritime power, in which she once excelled all the other nations, wholly lost and 7 of the 9 provinces are now become independent and grown up into a high and mighty state, the 4th potentate in Christendom. This is an alteration of such weight in the balance of Europe and such a curb in the mouth of the House of Austria, if ever there should be any just 6o YOUTH AND EDUCATION apprehension of its power, as must be an eternal answer to this groundless surmise. Another exception which I have taken against the writers employ 'd to recommend this negociation of peace to the nation is, that all of them, even those who have the greatest countenance of authority, introduce their discourses on this subject with burlesques upon our alliances and declarations against our Allies.... Is it not highly probable that it may be afterwards remembered to our disadvantage, and give the Allies continual jealousies of our firmness?.., [He then discusses at some length the recent action of the House of Lords in refusing to allow certain Scotch lords to take their seats, who, together with others, amounting in all to 12, had been created peers of Great Britain in order to give the Govern- ment a majority in the Upper House of Parliament. The question raised was whether Scottish peers, created peers of Great Britain, obtained thereby seats in the Lords, the new honour, since they were already peers, not being a new peerage but only a new title.] The passing of the act against Occasional Conformity^ tho* under a new title, has been matter of great surprize amongst us, and no doubt of mighty joy amongst you^. The refiners pretend here that the Whigs came to terms with Lord Nottingham and his followers that they would join with him in carrying his favourite bill, his heart's desire, if he would join with them in pulling down and impeaching my Lord Treasurer [Oxford], which, they tell us, will be the consequence, when proper opportunity offers. Others say that the Low Churchmen suffer'd this to pass so tamely in order to prevent something worse which they fore- saw hatching in another place. But whatever the secret springs and motives of this conduct may be, it certainly seems a very odd step, and the Tories take advantage from hence to represent the ruin'd party as betraying the trust the Dissenters had repos'd in them and leaving their old friends in the lurch. As to the general reason and foundation of this law, I must own my thoughts differ from some people I converse with. I think no 1 This was a practice which had arisen owing to the Test Act and other acts dis- qualifying Dissenters and Roman Catholics from oilfice, and which consisted in taking the Sacrament according to the rites of the English Church on the prescribed occasions. An Act was now (1711) passed through Parliament by the High Church Tories and with the acquiescence of the Whigs, who paid this price for Lord Nottingham's support, to suppress the practice. 2 His correspondent was a member of Christ Church, Oxford, which university was notorious for its high-church and Tory principles. RELIGIOUS FREEDOM 6i subject can be a magistrate by birthright, but the fixing of quali- fications for places of trust is a thing so entirely lodg'd with the Legislature that, without giving any reason for it, upon any appre- hension of danger, how remote soever, every Government may put such rules and restraints and conditions on officers as they shall think fit ; but that which sticks with me is (and I think it a very grievous hardship) that this Act leaves the Dissenters subject to penalties if they do not accept of and execute offices when legally appointed thereto, and at the same time restrains them (if they do accept of them) upon great penalties from doing what they think themselves obliged to in conscience^ Whether this be consistent with a toleration, or not rather persecution for conscience sake, I submit to you.... Since my return out of the Country, I was so unfortunate as to hear that poor Jo. Hind^ died at the middle of last summer of the small-pox, at Utrecht. A youth of extraordinary hopes, and lamented by his father as an irreparable loss^ ' This had been the case of his own father, p. 30. " p- 49- ^ In a letter of December 22, 1716, he describes to an unnamed correspondent the state of politics consequent upon Lord Townshend's resignation, H. 236, f. 163 ; further correspondence, ff. 15, 192. CHAPTER VI BARRISTER Philip Yorke was admitted into the Middle Temple on November 29, 1708, the entry in the books of the society being as follows : Novembris 2g™° 1708 Mr Philippus Yorke, filius et haeres apparens Philippi Yorke, de villa et port de Dover, in Com. Kent, gent, admissus est in societatem Medii Templi specialiter et obligatur una cum et dat pro fine jC4 '• o^ : o^^. According to Harris, his sureties were his kinsmen Sir Thomas Roberts of Glassenbury and Thomas Bridges-, It was not, how- ever, till May 27, 171 5, that he was called to the bar in the same society^ After seven years of hard work and diligent application, of arduous reading in the law, transcribing of legal treatises, and of assiduous attendance at the Courts, where he took notes of cases, he had now become an able and learned lawyer. Success appears to have been ensured from the very first. He obtained briefs immediately after his entrance to the bar, both in Chancery and in Common Law business, and was employed a few months only after his call in Crown cases^ In November 171 5, he was counsel for the Crown in the prosecution of John Gordon, John Dorrell and others, who had raised the Jacobite standard of revolt at Oxford and Bath^ A long and elaborate argument in Hollidge v. Hunger- ford, 3 George I, which obtained a verdict for his clients in the King's Bench, turned upon the validity of a bylaw, made by the common council of Bristol^ But by far the most important and ^ Middle Temple Records. - Life of H. i. 34. * II. 642, f. 143 b, H. 643, ff. 12, 14, 183 b, and 187 and passim, and H. 827, 848, where can be found several of his arguments before the courts during the first, second and third years of George I ; see also cases in Strange, i. 87-157, contributed by himself; and Leach, Modf.rn, x. xi. passim. * H. 538, ff. I sqq. The indictment is drawn up by him. 5 II. 644, {i. 6-12. EARLY SUCCESS 63 interesting of the arguments delivered by Philip Yorke at this period and extant is that in Rex v. Hare and Matin in Chancery, before Parker, now Lord Chancellor, and Sir Joseph Jekyll, Master of the Rolls (5 George I)^ The point in dispute was a technical one, touching the wording of a writ, Philip Yorke contending that in consequence of the Act of Union with Scotland the Chancery, formerly of England, had become the Chancery of Great Britain and consequently that the writ should be returnable in Cancellaria ubicjiiique tunc foj-et iti Anglia and not merely nbicunqiie tnnc foret. The point is well and learnedly debated with great precision and clearness, the argument being divided into the two general headings of " reason " and " precedent," and including the statement of a theory concerning the nature and origin of the Chancellor's equity jurisdiction, which has since been commonly cited and accepted^ Judgment went against him, but his speech probably attracted a good deal of notice and attention and perhaps in high quarters, for Sir Robert Walpole was a party interested in the case. His extraordinarily rapid progress and success, it is said, now began to excite jealousy. Serjeant Pengelly, a bencher of the Inner Temple, Philip Yorke's senior by 1 5 years, and a man of great ability and of high standing at the bar, was at that time considered the beati ideal of what a lawyer should be and the standard at which every aspiring young barrister should aim. It was said that this great man's ambitions were thwarted by the young Philip Yorke's success. Charges of injustice and favouritism were freely circulated. The Lord Chancellor, especially, it was affirmed, showed the most unfair partiality to the young lawyer. In one case before him in which both Serjeant Pengelly and Philip Yorke were briefed — so it is related — the judge having observed that " Mr Yorke's arguments had not been answered," the elder barrister declared " he would not plead in a Court where Mr Yorke was not to be answered," and, throwing down his brief, quitted the court in a passion. It was the same Serjeant Pengelly who, a few years later, was one of the most inveterate and persistent of the accusers of the impeached and disgraced Chancellor"'. ' II. 644, f. 124; Strange, i. 146-157. -^ See below, chap, xxvi., where he alludes to this argument in his letter of June .50, '759» to Lord Karnes. * Below, p. 87; Cooksey's Essays, Anon. Corresp. Thomas Pengelly (1675-17.30), Serjeant 1710, chief baron of the Exchec|ucr an^xV^^ Peerage; Collins, Peerage, Supplement, 397. ■« H. 880, f. 148. MARRIAGE •S ?s is = rt c J3 CJ m ( So «i C rt S c * — » '^ O II W S -P ^ s CS ~ — o 1; ■-. - ^ C/3 CI CJ c o c c^ - d 2^^ o Su, o o ~ = c = o ;:;= o 69 s I ttj CI Ul O o O 70 BARRISTER connection between the two families of Yorke and Cocks, which had subsequently considerable influence on both. It moreover created a link between the two great Chancellors, Lord Somers and Lord Hardwicke. Charles Cocks, M.P. for Worcester and Droitwich, the father of Mrs Philip Yorke, had married Mary Somers, the eldest sister and representative of Lord Somers, who himself had died unmarried, leaving neither children nor brothers. Lord Hardwicke carried on the torch of freedom and govern- ance left to him by his great predecessor, who breathed his last in 1 716 a few months after he himself began his own great career at the bar\ He had the same veneration for the law and the con- stitution, and showed the same high courage and calm wisdom in times of national crisis ; he had the same capacity for far-reaching and constructive statesmanship, carrying through Parliament by his indomitable will the last great legislative measures for the Union of England and Scotland, of which Lord Somers had laid the foundations. He himself was followed by a son in whose veins ran the blood of both Somers and Hardwicke and whose great natural gifts seemed to combine the brilliant literary genius of the former with the profound judicial acumen and intellectual analysis of the latter, on whom all eyes were fixed expectant of even greater things till he vanished from the scene in the darkness of sudden and overpowering misfortune. Margaret Cocks brought into her husband's family, besides a moderate fortune^ further expectations of a considerable increase,^ which were, however, disappointed. Her eldest brother James, now the head of the family, by a codicil of 1746 left the bulk of his property, in the event of his only son dying before the age of 21, to be divided between his two sisters, Mrs Philip Yorke and Lady Williamsl The death of the young James Cocks did actually so occur. A pathetic interest is attached to his name. A high- spirited youth, he was fired with enthusiasm for a military career and, refusing to listen to the counsels of prudence offered by the ' A Latin epitaph by Lord Hardwicke on Lord Somers, H. 922, f. 5. Lord Hardwicke inherited a portion of Lord Somers's library which appears to have been divided between himself and Sir Joseph Jekyll, Master of the Rolls, who had married Elizabeth, a younger sister of the statesman. See the details of the partition in 1729, H. 768, ff. 173, 190. The library seems to have been valued at ^3144. i6j. 6d. and the MSS. at £iih(j- 12^- 6a'., and Sir P. Y.'s share at £iiT2. \os. 2d. A few of Lord Somers's books are still in the library at Wimpole, the more valuable of them having been dispersed. For the destruction of his papers, see below, chap. xxi. ■ 2 Her will H. 881, f. 23, where it seems to have amounted to about ;^20,ooo. =* H. 880, ff. 197, 211. lis APPOINTED SOLICITOR-GENERAL 71 Chancellor and his family, he secured a commission in the Grenadier Guards, and was fatally wounded in the unsuccessful expedition to St Cas in 1758^ Meanwhile, however, his father, who died in 1750, by a later will had left his estate to his brother, John Cocks-, who now marryinor his cousin Mary Cocks, the only child and heiress of the elder branch of the family, settled at Castleditch in Hereford- shire, became possessed of a very large estate. This, however, he fully needed ; for he left ten sons and two daughters, in the person of the eldest of whom, Charles Cocks, the barony of Somers was revived. Within a year after his marriage, and before he had reached the age of 30, Philip Yorke received the official intimation, the result of an unexpected incident, of his appointment to the office of Solicitor- General in the administration. 1 See his letters, passim, in the MSS. Cf. the ridiculous account of these incidents given by the anonymous correspondent in Cooksey's Essays, where the Chancellor is depicted as his murderer. - H. 880, ff. 197, 211 ; H. 26, ff. 34, 36, 40, 47. CHAPTER VII SOLICITOR-GENERAL Philip Yorke received the tidings of his appointment to office, dated March 23, iy20\ while engaged on the Western Circuit. A vulgar quarrel had broken out between the two chief legal advisers of the Crown, Sir Nicholas Lechmere and Sir William Thompson, the Attorney- and Solicitor-General. The latter had accused the former in Parliament of unprofessional conduct and corruption, and the charges having been examined and disproved by a com- mittee appointed for the purpose, the discomfited Solicitor had been dismissed from his office. The appointment to so responsible a post of a young barrister at the early age of 29 with a standing of less than five years at the* Bar, the youngest counsel on the Western Circuit^, who had not yet even received his promotion to King's Counsel or Serjeant, over the heads of several lawyers of experience and ability no doubt greatly increased the jealousies which had already been aroused by his exceptionally rapid progress and success^ But his unfailing tact and good humour and complete freedom from self-consciousness speedily overcame all enmity of this kind and he soon became, and remained till his death, one of the most popular members of the Bar. The office, however, of Solicitor-General was as much a political as a legal one. The administration required not only a legal adviser but a person of character and weight, and of power in debate, to give support in the House of Commons, and no public ' Annual Keg. (1764), 279; II. 236, f. 188. * Annual Reg. (1764), 279. ^ According to R. Cooksey's anonymous correspondent, whose testimony is generally false and is therefore not quoted in the text, these jealousies were carried so far that an attempt was made by the bar to boycott the young Solicitor. POLITICAL STATE 73 appointment in the event has ever been more abundantly justified. Shortly after his promotion he received, on June 11, 1720, the honour of knighthood and the following year he was nominated Autumn Reader and Treasurer at the Middle Templet The moment of his first entrance into office, the burden of which he was destined to support continuously for nearly half a century with scarcely a single day of intermission, was one of great calm. Abroad, the course of public affairs had been marked by a general pacification, owing to the defeat of Alberoni's dangerous schemes, and to the Quadruple Alliance now signed between England, France, Holland and Austria. At home the dangers attending the change of dynasty had been overcome, and the Jacobite rebellion of 171 5 had been finally suppressed. Lord Stanhope's and Lord Sunderland's administration had been apparently established for some time to come by the dis- missal of Walpole, Townshend and Pulteney, the opposite faction in their party. But this tranquillity was soon disturbed by the collapse of the South Sea Company and other financial concerns with which it was connected, a disaster which immediately caused the entire downfall of Stanhope's cabinet, some members of which had been implicated in the transactions leading to the bankruptcy. The prime minister himself, on February 4, 1721, while replying to a violent attack of the Duke of Wharton in the House of Lords and labouring under great excitement, was seized with a fit of apoplexy and expired the next day. Other members of the government died of small-pox, committed suicide or were impeached and expelled the House. Upon the occasion of this debdcle the reins of government were taken up by Walpole who now, in March, 1721, entered upon his long and celebrated administration, which lasted, with one brief and insignificant interruption, for 21 years. His first duty was to devise means for the restoration of public credit and confidence, and in this he was seconded by Sir Philip who, however, showed his independence by sometimes speaking and voting against the government in these debates^ Exceptional measures for dealing with the property of the directors, unknown to the law, but the only ones practicable in the circumstances, were sanctioned. At the same time the government, with some courage and prudence, resisted the cries for blind vengeance raised by the multitudes who had been ruined by their crimes or errors. ' Middle Temple Records. 2 Pari. Hist. vii. 684, 693, 695; .Annual Reg. ([764), 280. 74 SOLICITOR- GENERA L A year or two later he was engaged officially in his first cause celebre. About the year 1720, profiting by the scandal and ex- posure occasioned by the collapse of the South Sea Company and the consequent loss of reputation by the government, various plots were set on foot by the disaffected in favour of the Pretender^. In one of these Bishop Atterbury of Rochester was a leading spirit and was sentenced by a Bill of Pains and Penalties to banishment and to the loss of his see in 1723. At the same time two other conspirators, John Plunket and George Kelly, received punishment. Sir Philip Yorke moving for a Bill of Pains and Penalties against the latter in the House of Commons on March 11, 1723^ In another, Christopher Layer was the chief instigator. He was a barrister of the Middle Temple, of indifferent character, who aspired to the Woolsack in the event of a successful Jacobite insur- rection. The plan was to seize the Tower and other places in London, obtain possession of the persons of the King and royal family and murder the ministers". Sir Philip's speech in the prosecution of this individual, which took place before Lord Chief Justice Pratt on November 21, 1722^ has always been one especially admired by lawyers as a fine example of the marshalling of facts and evidence to a precise and definite issue, and it repays perusal even at this distance of time. The guilt of the prisoner was beyond doubt, but according to thfi famous Treason Act of William III, two witnesses were required to testify to the same overt act of treason, and this restriction gave many opportunities to the defence to obscure the facts and raise technical objections, which were ably dealt with by the prosecution. Still more striking is the effort throughout this speech to be scrupulously fair to the prisoner, and to avoid exciting the passions and resentment of the jury. " I would not," Sir Philip said in con- clusion, " even in this cause of your King and of your country, say anything to excite your passions ; I choose rather to appeal to your judgments, and to those I submit the strength and consequence of the evidence you have heard." Those who are unacquainted with the earlier methods and prac- tice of counsel in Crown prosecutions may deem such expressions scarcely worth recording, and consider them mere commonplaces, ^ Pari. Hist. vii. 982. - State Trials, xvi. 323; Pari. Hist. viii. 39, 196, 199, 216 sqq. " Pari. Hist. viii. 95 sqq. •» State Trials, xvi. 93, 263 ; Leach, Modern, viii. 82 ; Annual Reg. (1764), 279. CROWN PROSECUTIONS 75 employed to adorn a formal peroration. They are, however, significant, not only of the feelings and conduct of the speaker but also of the changed character of the times. Hitherto it had been too much the custom in state trials, even with counsel of high standing, who in every other capacity were persons of equity and generosity, to treat the prisoner at the bar as an enemy of the human race, whose destruction must be accomplished by any means ; and the judges themselves frequently thought it no derogation of their office to join in the browbeating of the accused. With the Revolution came gradually, together with greater security to the state, a more lenient disposition towards political foes, who were now less formidable than formerly. Their offences were now judged more calmly and dispassionately, and the sudden panics, which at different times in the national history, had led to acts of violence and to unjust sentences in the Courts of Law, occurred no more. But it was left to the great lawyer, whose career we have begun to describe, to introduce for the first time into crown prosecutions those milder methods, which, while the evidence against the prisoner was still placed before the Court in its clearest and strongest light, yet still allowed every fair opportunity of defence and even admitted of some feelings of humanity for the accused. " He was by no means what is called a prerogative lawyer," wrote Lord Chesterfield, an antagonist who could not appreciate some other parts of his public career, " he loved the constitution and maintained the just prerogative of the crown but without stretching it to the oppression of the people. He was naturally humane, moderate and decent, and when by his former employment he was obliged to prosecute state criminals, he discharged that duty in a very different manner from most of his predecessors, who were too justly called the blood-hounds of the crown V Writing in 1725, the poet Thomas Tickell, with whom he was acquainted, declares that he " honours him more for his humanity than others can for his great talents^" His mildness and moderation in this sphere met with universal approval and were once, on a celebrated occasion, the subject of the applause of the House of Commons itself''. ^ Lord C.'s Character oi hord llardwicke. " H. 237, f. 27. ^ p. 100. For further cases in which he was employed at this period, i Strange, 395, 4^91 465. 4^2 ; and in MS. II. 645-6, 651-2, 767, 786-91, 827-31, 848, 868-72. -j^ SOLICITOR-GENERAL Correspondence John Mellor of Erthig^ to the Solicitor-General [H. II, f. 29.] Erthig, Feb. 27, 1722. ...Indeed the Jacobites in our parts are strangely animated of late & they endeavour to carry their Points by Heat & Fury and they are so bare faced, as to drink the Pretender's health in public Companys. But tho' we have Intimation of it, yet we cannot prevail with any in Company to prove it upon them. It is not long since that the Lord Buckley^ came hither out of Anglesea to keep up the Spirit of the Party, and he and M^ Watkin Williams'' audaciously burnt the King's picture & the several Pictures of all the Royal Family; and the Clergyman at whose House it was done is so far from being ashamed of it, That he & his Wife have several times since owned it. I wish we may have a good Parlia- ment, for if otherwise, I fear we shall be all in confusion.... [H. II, f. 46.] ERTHiG,/a«. 10, 1723. Sir, ...I was in hopes we should have sent up a loyal address from this Country. It was voted at the last Midsummer Quarter Sessions & strongly opposed by M^ Watkin Williams & 5 others who went so far as to protest against it, & said openly in court that the Plot^ was only an Artifice of the ministry to gain a 4^ aid. But notwithstanding all their struggles we then carry'd it by ten against six;...& an address was accordingly drawn up & approved : But upon M.^ Myddleton's""' coming down, He so warmly opposed it among his Friends that it was thought advisable to let it drop rather than have a public Denial given to it. I am sorry to give this account of a Person whose Interest I espoused with so much charge and difficulty ; & who before the Election gave me so strong assurances of his Loyalty ; But as the public Interest is what I have most at heart, I cannot so much think of skreening any Friend that shall (upon Principles) turn against the Government. I hope this is not his Case. I am willing to believe he hath been drawn into this Error by the Sly Insinuations of some 1 p. 25. 2 Richard, fourth Viscount Bulkeley in tlie peerage of Ireland (1682-1724), M.P. for Anglesey. ^ Afterwards known as the "Great Sir Watkin " (1692-1749) and deeply implicated in the Jacobite rebellion of 1745 (see chap, xiv.); succeeded his kinsman Sir John Wynn, 1 7 19, in the VVatstay (now Wynnstay) estates and took the name of Wynn; leader of the Welsh Tories and Jacobites and M. P. for Denbighshire. ■* p. 74. ' Robert Myddleton of Chirk Castle, M.P. for Denbigh borough, and another neighbour. JACOBITES IN WALES yy of his old Tory friends ; however it will be well to watch him.... The Fury & Boldness of the Jacobites in these Parts make me apprehend they are not without some hopes of succeeding. There is many times a probable conjecture to be made from the common behaviour of a Party, & long before the Plot broke out, I strongly suspected there were some Designes of that Nature carrying on & in a Letter I wrote since to Mr Jones, my L^ Chancellor's Secretary, I gave very plain hints of what I suspected which was as much as I could do without proof. God grant my present suspicions may prove groundless.... Yo^ very humble Servant John Meller. I congratulate you & my Lady on the Birth of your Son'. It was very agreeable news to me. I hope he will live to add to the Comfort of your Family. I gladly accept the office you designed for me & desire you will please to think of some proper Person for my Proxy & acquaint my nephew Simon that he may wait on the Person to desire that favour from him on my behalf.... Solicitor- General to William Pulteney- [H. 236, f. 299.] Oct. 31, 1723. Sir, I have at your request read over the inclosed case of Mons. Saladin*, & tho' I am not fully of opinion with the Judgment which has been given, yet for the reasons which I hinted to you in general, when I had the honour to see you here, I cannot think that Paper is fit to be printed. The publishing of Pamphlets tending to expose the Decisions of Courts of Justice is taken as an appeal from those the Law makes the proper Judges to the people & has been often censur'd & punished, especially if it has been accompanied with any misrepresentation of facts. Now, as far as my Memory serves me on this occasion, I am apprehensive some circumstances are mention'd in this paper in favour of Mons' Saladin which (tho' they may [be] very true) yet did not appear in Evidence in his Cause, & one or two are omitted which made against him. I remember the House of Lords did not long ago ' Sir Philip's second son Charles. " \V. Pulteney, afterwards Karl of Path, at this time Cofferer of tlic Household. 3 See the case, II. 848, f. 165. 78 SOLICITOR-GENERAL commit a person for pretending to print the Evidence in his Cause, after they had determin'd against him, & printing only the Depositions on his own side. As to Mons' Saladin's character, there is nothing in this Cause that in the least reflects upon it. On the contrary, whoever hears of it might believe that (whether the Judgment was right or wrong) his case was hard. As to the having his Cause reheard, I [am] afraid that cannot be, but his solicitor should enquire whether it has been ever granted in these Causes of appeal before the Judges, & if it can be done, it may not be improper for him to make such an application. CHAPTER VHI ATTORNEY-GENERAL At the beginning of the year 1724, after serving for some three years as SoHcitor, Sir PhiHp was promoted to the higher office of Attorney-General, in consequence of the elevation of Sir Robert Raymond to the Bench. A larger responsibility- attached to this office ; he was now the principal legal adviser of the Crown, and a member of the administration of whose measures in Parliament he became a prominent supporter. An immense load of public business devolved upon him\ During the ten years that he occupied this office he was called upon to give his advice on several questions of difficulty and of importance, and to represent the Crown in various prosecutions undertaken in the interests of good order and public security. He conducted the case for the Crown against the highwayman, Jack Sheppard, in November 1724, against Jonathan Wild in 1725, and against some other notorious offi^nders, including William Hales and Thomas Kinnersley for forgery, in December 1728-, and John Huggins, warden of the Fleet Prison, together with Thomas Bambridge and Richard Corbett for the murder of Edward Arne, a prisoner, in May 1729. The latter was one of the several prosecutions instituted against individuals for ill-treatment of prisoners under their care, which followed a report of a committee of the House of Commons ap- pointed to inquire into the state of prisons, when incredible scenes of brutality and misery had been revealed^ So terrible was the condition of the gaols at this time, that 1 He was sometimes detained at the Old Bailey from H in the morning till 3 a.m. the next day. Simon Yorke to J. Mellor, May 24, 1729, Erlhig MSS. - S(a(e Trials, xvii. 162-296. ■' State Trials, xvii. 297; Pari. Ilisl. viii. 708; .Strange, ii. 882. See also H. 789, f. 244. 8o A TTORNE Y- GENERA L the capital penalty was a far more merciful punishment than a sentence of imprisonment. Few escaped with their lives or with their health uncontaminated by the fearful diseases which raged in the gaols, and the prisoners entering the Court from the cells often carried the deadly infection to their judges. Thus, both Kinnersley and Hales, defendants in the case just mentioned, died after a few months' imprisonment, and their judge, Lord Chief Baron Pengelly, fell a victim shortly afterwards in 1730, while the same fate overtook Mr Justice Abney and many others. Unfortunately the present prosecution was unsuccessful in bringing home to the accused the charge of responsibility, and they were acquitted. But the exposure of such villainies had some effect in suppressing the worst evils in prison administration. The fatal and monstrous practice of delegating authority was one of the greatest sources of mischief, and Lord Hardwicke refused an application of a gaoler in later years to assign over to another the fees of his office and that of the taphouse, as leading to oppression and extortion, and the latter especially to riot and debauchery, among the prisoners^ But many years had to elapse before those in confinement could hope for humane or decent treatment. The prosecution of Thomas Woolston for blasphemy was a case which attracted a good deal of attention. The offence, in the first place, consisted in the publication in 1725 of a tract entitled A Moderator between an Infidel and an Apostate, in which the author questioned the historical accuracy of the Resurrection and the Virgin Birth. Such speculations, however much they might offend the religious feeling of the nation, would not now arouse apprehensions in the civil government, or incur legal penalties ; but at the time of which we are writing, when the authority of government was far less stable and secure and rested on far narrower foundations than at present, such audacious opinions were considered, not without some reason, as a menace, not only to religion but to the state. The great problem of all governments at this period was to govern, to preserve the state from the various dangers which were constantly threatening to overturn it and reduce all to confusion. The fundamental truths of Christianity formed an essential part of the civil constitution on which the whole fabric of society was constructed. Those who publicly questioned these truths ^ 2 Vesey, 238. I MORALITY PART OF THE LAW 8i were, it was held, attacking and undermining the security of the state, destro}Mng morality, removing the strongest supports of law and order and disturbing the King's peace. Religious mysteries such as these, however, were subjects very ill suited for briefs of contending barristers in the Courts of Law, and it was the duty of the government to initiate a prosecution only in very flagrant cases. In the present instance, the Attorney-General, for these reasons probably, consented to abandon the prosecution. But the author very soon afterwards, during the years 1727 to 1730, produced further a series of tracts on the Miracles, which obliged the authorities to take action. He was tried before Lord Chief Justice Raymond, March 4, 1730, and obtained a just and fair consideration of his defence. The Attorney-General drew attention to the irreligious character of the book in which our Lord was compared to a magician and impostor, and the author, in order to claim the support of St Augustine, had deliberately misquoted a passage from his writings. To the contention of the prisoner's counsel that he had written as a sincere Christian, it was replied : " If the author of a treasonable libel should write at the conclusion ' God save the King,' it would not excuse him." He was found guilty and sentenced to a fine of ;^iOO and to imprisonment for one year^ In the same way, obscenity, apart from the moral offence, was regarded as a danger to the security of the state. In Rex v. Curll, a prosecution undertaken in 1727, in consequence of the publication by Edmund Curll of an obscene book. Sir Philip argued: "What I insist upon is, that this is an offence at Common Law, as it tends to corrupt the morals of the King's subjects and is against the peace of the King. Peace includes good order and government, and that peace may be broken in many instances without an actual force. 1. If it be an act against the constitution or civil govern- ment. 2. If it be against religion... that great basis of civil govern- ment and liberty and 3. If against morality... for government is no more than public order, which is morality. My Lord Chief Justice Holt used to say 'Christianity is part of the law*.' And why not morality also?" He then drew a ' An account of the trial (1719), Life of Mr Woolston^ pp. 11, 17 ; Mem. of William Whiston, i. 233. " Cf. p. 90. Y. 6 82 A TTORNE Y- GENERA L distinction between private acts of immorality, many of which were not offences known to the law, and public, affecting all the King's subjects in general, and cited precedents. There were, however, some strong precedents against him, especially that of the Queen v. Read, in which it was held that a libel must be an injury to a particular person, and the judges hesitated to decide upon this important point till the following term. A verdict was then given in accordance with the Attorney-General's argument, and it was laid down that the offence was a temporal one and punishable at Common Law as a libel. The offender was accordingly declared guilty and sentenced to the pillory\ The Attorney-General had also to deal with direct political attacks upon the government. In general he showed a decided reluctance in embarking on prosecutions of this kind, partly from the invidious position in which such proceedings placed the administration and especially in case of failure, partly from a character naturally averse from even the appearance of harshness. On July 14, 1729, for example, he writes dissuading the Duke of Newcastle from proceeding further against one Farley, accused of treason on account of a publication in Misfs Journal"^. In some cases, however, prosecutions were instituted. On February 25, 1729, Sir Philip took proceedings against the three printers of Misfs Journal for a libel, in a letter of August 24, 1728, "containing scandalous reflections and odious comparisons," between King George I and the Pretender ; and the offenders were found guilty and sentenced to hard labour and the pillory*. In December of the same year, the government suffered a defeat in a prosecution for libel against Francklin^ the printer and publisher of The Craftsman, the jury returning a verdict for the defendant, and the result being received with jubilation and rejoicing by the opposition and the supporters of the journal". It was on this occasion that The Honest Jury or Caleb Triumphafit^ was published, a lively ballad universally attributed to Pulteney, which obtained great popularity. ' 2 Strange, 788-91 ; State Trials, xvii. 154; H. 791, f. 13; H. 767, f. 364. * II. 7.^9, f. 180. ^ Stale Tiials, xvii. 666, note; H. 789, f. 102. ■• lie had already been proceeded against on December 2, 1727, for printing and publishing No. 31 of the Craftsman and found guilty of the publication, while the question of libel was to be argued laier in arrest of judgment ; Political State, xxxiv. f92, 599- » The Crafisman (ed. 1 731-7), i. pp. v. and vi. (dedication) ; v. 224, 214. " Caleb d'Anvcrs was the nom de plume of Amhurst the editor. « PROSECUTION OF THE ''CRAFTSMAN" 83 THE HONEST JURY OR CALEB TRIUMPHANT. To the tune of Packington' s Pound. I. Rejoice ye good Writers, your Pens are set free : ^ Your Thoughts and the Press are at full Liberty; For your King and your Country you safely may write, You may say Black is Black, and prove White is White. Let no Pamphleteers Be concern'd for their Ears; For every Man now shall be try'd by his Peers. Tzvelve good honest Men shall decide in each cause And be Judges of Fact, tho' not Judges of Laws. II. 'Tis said Master Caleb a Paper did print Which sometimes at some folks look'd slily asquint, He weekly held forth of no Peace and no War So was forced from his IWade to appear at the Bar. Thus for talking too free Master At^or — ney Strain'd his lungs for to set him in the Pillory. But Pillories now shall be raised for the shame Of so7ne Rogues, whom yet 'tis not proper to name. HI. You may call the Man Fool, who in treaties does blunder, And stile him a Knave, who his Country doth plunder. If the Peace be not good, it can ne'er be a Crime To wish it were better, in Prose or in Rhyme. For Sir Philip well knows That^ Innuen — does, Will serve him no longer in Verse or in Prose ; Since twelve honest Men have decided the Cause And were Judges of Fact^ tho' not Judges of Laws. The last verse ran : VIII. But one thing remains, his''* Predictions to crown, And that is to see the Leviathan down ; Nor let us despair; for the year is not out. And a Month or two more may bring it about. Then in choius let's sing And say God bless the King, And grant that all those who deserve it may swing ! If twelve honest Men were to judge in this Cause, One good verdict fitore might secure ail our Laws^. ' Not his innuendoes as printed by Lord Campbell and by Wilkins, Political Ballads, ii. 233. Ihe jury had to decide the question of amplication, the names of tiie persons libelled being always carefully concealed under a pseudonym or asterisks. Tliis, however, was not to secure immunity to the writers. See also The Craftsman, i. 102, 106. ^ I.e. The Craftsman . ' The Craftsman (ed. by Amhurst, 173 1-7, 14 vols.), v. 337; see also the broadsheet, Rax. iii. 637, Brit. Mus. 6—2 84 ATTORNEY-GENERAL In June 1730, perhaps in consequence of this defeat, the Attorney-General gave his opinion against prosecutions of Foggs Weekly Journal and of The Craftsman. " To commence a prose- cution in [a case] of this kind and fail in it, might be attended with consequences one would wish to avoid.... As to The Crafts- man, it is only a general dissertation concerning that honour and veracity which ought always to be preserved in communication from the Throne, and tho' there is a certain sauciness in the manner of treating it, I don't [find] any particular stroke that can render it criminals" After its great and signal triumph, however, at the expense of the government, it was extremely improbable that The Craftsmati would be induced by any leniency on the part of the administration to adopt a more moderate tone. Bitter and audacious attacks upon the ministers continued to be published and on the ap- pearance of No. 235, A Letter from the Hague., an able paper written by Lord Bolingbroke on January 2, 1731, the government instituted a fresh prosecution against Francklin, and this time with complete success, due in great measure to the Juries Bill, 3 George II, c. 25, passed in the previous year, of which Clause 15 allowed the judges to appoint special juries in trials at the Courts of Westminster-. The case was largely a trial of strength between the contending political parties ; and William Murray, afterwards Lord Mansfield, then present as a young barrister, relates that " there was a great concourse of people ; it was a matter of great expectation, and many persons of high rank were present to countenance the defendant. Mr Fazerkerly and Mr Bootle (afterwards Sir Thomas Bootle) were the leading Counsel for the defendant. They started every objection and laboured every point'*." The offending article, which announced the rumoured abandonment of the alliance of Seville and the intention of the ministers to violate the national engagements, would nowadays, although false and mischievous, as this undoubtedly was, scarcely justify the intervention of the government or the infliction of a penalty. But unscrupulous attacks upon the King's ministers, and even the free criticism of their conduct and policy, entailed, as in the case of audacious religious speculations, much greater dangers to the state at a time when governance was established ' H. 790, f. 257. * Sec chap. xx. H. to N. Aug. 7, 1752; Statutes at Large, xvi. i6i. ■* Lord Erskine's Speeches, i. 373. LIBEL 85 and maintained on the narrow basis of authority than when, as in our own times, it is supported by the vast mass of more or less intelligent national opinion and national consent. Moreover, great as has been the increase of the power of the press as a whole in later times, yet that of the individual journal has diminished ; and the influence of a well-written and well-timed attack upon the government, such as the Letter front the Hague, would be far greater than that of any article in a modern newspaper however brilliant or sensational. Accordingly, Sir Philip Yorke in his opening speech declared this to be a prosecution " for printing and publishing a scandalous and seditious libel ; an offence (however it hath been treated of late days) which the law considers as a very heinous crime, as it tends to disturb the peace of the Kingdom and to bring into contempt the King's administration of the government, and as it tends to create great jealousy and dissatisfaction in the minds of his Majesty's subjects against his government." He showed from extracts that the paper had charged ministers with perfidy towards the allies, and with pursuing measures destructive to the country. " A reflection on the King's ministers, officers, magistrates etc. : is a high reflection on the King himself." He hoped the Court would never countenance the notion, that it is less libellous to scandalise his Majesty's government than to scandalise a particular person^ He told the jury that it was immaterial whether the statements were true or not, or whether direct or indirect by way of innuendo, and cited precedents. On the great subject of the liberty of the press, which had been introduced by the counsel for the defence, who had urged that, if this were punished as a libel, no person could print any news at all, he declared' that the defendant was not charged with publishing the pretended news but with making the libellous applications and proceeded : " My Lord, I am really at a loss to know what sort of liberty they mean by it. I hope they don't mean a licentious and an unbounded liberty to libel and scandalise his Majesty or his principal officers and ministers of state, or his magistrates, or even any of the meanest of his subjects, whenever they think fit ; for that would be a dangerous liberty indeed, and be of a very pernicious consequence." The actions of all subjects were limited by the law as were the prerogatives of the King; nor could it be supposed that a printer alone was exempted from ' II. 767, f. 27.. 86 A TTORNE Y- GENERA L legal restraint. His liberty, like that of all other men, was liberty to carry on his business, but not to libel, which was no part of it. On this point the judge observed : " Doth not the law say, if a man meddle with anything he hath nothing to do with, it will be a libel, and always hath been held so." With regard to an insinuation that the offence of libel was the tyrannical invention of the Star Chamber, he showed that it was based on a law passed in the reign of Edward I, of almost 500 years standing and authority. Upon another very important point, Sir Philip upheld the opinion which gave rise to much heated political debate later^, that in libels the jury were only to decide upon the fact of publication and the application, while the question whether the offence constituted a libel, that is the point of law, was to be left to the judge. "The point of law is, in case they \i.e. the in- criminating passages] are so applied, whether the publication amounts to a crime, and that point is for the determination of the Court. The law is alike in other cases. Suppose a special verdict be found in a case of felony, the jury finds the fact and the Court and Judges the nature of the crime. It is so in murder and high treason ; it is so in all cases of misdemeanours. It is confounding the of^ce of the Court and the jury and it is sub- verting the law to say the contrary^" This doctrine of the law of libel received the full support of the judge and it is followed in the refrain of the ballad just quoted, which, though celebrating the triumph of free criticism, particularly declares that the jury were "judges of fact though not judges of laws^" Nor was any opposition to it on this occasion offered by the jury who returned a verdict of guilty of publishing the libel, Francklin being fined ^100 and sentenced to a year's imprisonment, ^ See below, in the Wilkes case, chap, xxxii. "^ H. 767, f. 258, notes of the trial with corrections by Charles Yorke ; printed report of the speech in State Trials, xvii. 664, though longer and more elaborate, is to the same effect. ^ It was thus cited correctly by Lord Mansfield in the case of the Dean of St Asaph in [784 on this very question (Lord Erskine's Speeches, ed. by J. Ridgway, i. 375). The editor in a footnote asserts Lord Mansfield's quotation to be incorrect and relying on " a pamphlet printed in 1754," gives the last line of the verse as ' Who are judges alike of the facts and the laws,' and this, though obvious nonsense, is followed by Lord Campbell, Lives of the Chancellors, v. 25, State Trials, xxi. 1037, and Wilkins, Political Ballads, ii. 233, who are also in error as to the date of the trial and ballad. There is no doubt that the version printed in the text, published by Amhurst himself, is the correct one. The original broadsheet in the British Museum also gives the same. PROSECUTION OF LORD MACCLESFIELD 87 and directed to find security for good behaviour for seven years \ Another prosecution about this time disclosed dangers to the state greater than any of those we have yet noticed, since they threatened to corrupt the very fountain of justice at its source and to undermine the national confidence in the administration of the law. The prosecution and eventual disgrace of Lord Chancellor Macclesfield in 1725 for corruption placed Sir Philip Yorke in a situation of some difficulty. He was bound by many ties of friendship and gratitude to the Chancellor, whose great qualities he recognised and to whom he owed some part of his early success. At the same time, the serious delinquencies which now came to light were such as could not fail to repel one who regarded the honour and dignity of the law throughout life with an almost superstitious reverence. Opinions have differed as to the exact guilt of Lord Macclesfield^ as they have concerning that of Lord Bacon. Great unpopularity with the bar, owing to faults of temper, raises the suspicion that his fall, like that of his great predecessor, was the result, at least in part, of other causes^ In his case, no charge so crude as that of taking bribes directly to influence his decisions was offered by the prose- cution. He had shown ability and uprightness in his judicial functions, and his decrees carry weight as legal precedents. The mere .sale of the office of master, and the large fee paid in addition to the Chancellor were not illegal and were sanctioned by precedenf*, and the latter could not be held directly responsible for the bank- ruptcy of the masters and their appropriation of the money of the suitors. Large allowance must be made for the slipshod methods of the time and the bad customs inherited from the past, always difficult to abolish because of the private interests involved. But the particular guilt of the Chancellor lay in taking advantage of the mischievous system then prevalent, and in exacting enormous sums, greater than had ever been paid to his predecessors, for the grants to the new masters, instead of attempting to suppress it. • State Trials, xvii. 626; H. 767, f. 258; Wright, England under the House of Hanover, i. 141-2. 2 Lives of Dr Z. Pearce (1816), i. 379, ' See pp. 63 and 105 ; and cf. .Speaker Onslow, "He wanted temper to manage himself well under his exaltations... and created .so many enemies to himself hy that, that in his fall he was pitied by very few, even of the Whigs." Hist. MSS. Com., Earl of Onslow, .si 4. * State Trials, xvi. 770, ii5isqq. 88 A TTORNE Y- GENERA L The sale of John Mellor's mastership to his successor for £opQO has been already mentioned, who in addition paid to the Chancellor the sum of ;^I575^ Strange stories were told of the bargains struck with the Chancellor in his study and with his wife in her drawing room, and of baskets of guineas carried backwards and forwards by his secretary. It was also a charge against him that his whole efforts, when the crash came, had been to conceal the scandals and not to remedy them. Such proceedings, obviously, could not continue without de- grading the whole administration of justice. Similar practices, when those only of defaulting solicitors, have sometimes given a shock to public confidence in the profession of the law. Great, therefore, must have been the anxiety and feeling of insecurity caused by the discovery of the complicity in scandals of^this kind of the Lord Chancellor himself, the Head of the Law, the Dispenser of Equity, the Keeper of the King's Conscience, often a Lord Justice of the Kingdom with regal functions. Placed thus between private friendship and public duty. Sir Philip Yorke appears to have acted a kind, proper and honourable part. It was impossible to defend, but he excused himself on the plea of friendship from, taking part in the impeachment and his scruples were understood and respected by the House of Commons, who permitted him to delegate his duties to the Solicitor-General^. He appears al.so to have done what he could to mitigate the severity of the prosecution during the debates before the impeachment^ Lord Macclesfield was finally found guilty by the Peers unani- mously on May 25, 1725, and was sentenced a few days later to a fine of iJ^30,ooo. But motions to forbid him sitting in Parliament, appearing within the verge of the Court and excluding him from holding any office in the state were defeated*. This last incident suggests that his offence, though serious enough to cause his imme- diate dismissal from his high office, was not considered at the time one of a kind to blast his character, and he still retained the favour of the King, who signified to him his intention of paying the whole fine from his privy purse. His last letter to Sir Philip Yorke, which was not delivered till after the writer's death, wishes him joy on his supposed appointment ' p- -25- ■•' See chap. xxv. H. to N. Jan- 7, '757 ; Cooksey's Essays, 55. * Pari. Hist. viii. 419; Political State, xxix. 280 ; Annual Reg. (1764), 279. "• State Trials, xvi. 1395 ; Hist. MSS. Com., Duke of Portland, vi. 8. CONSTITUTIONAL STATUS OF THE COLONIES 89 in 1732 to that high office, of which he had himself been shown unworthy and from which he had fallen ^ In May 1724, together with Sir Clement Wearg, the Solicitor- General, Sir Philip Yorke, was consulted concerning the right of the Crown to tax the Island of Jamaica, and gave his opinion that " that will depend upon the question whether Jamaica is now to be considered merely as a colony of English subjects or as a conquered country. If as a colony of English subjects, we apprehend they cannot be taxed but by the Parliament of Great Britain or by and with the consent of some representative body of the people of the Island, properly assembled by the authority of the Crown. But if it can now be considered as a conquered country, in that case we conceive they may be taxed by the authority of the Crown," an opinion which was afterwards followed by Murray and Ryder in 1744*. The constitutional position of the Island is not determined in this opinion, and though we see here the doctrine undoubtedly correct in law, which affirms the right of the Imperial Parliament to tax the colonies, laid down without hesitation, yet the strong distinction drawn between the status of " colonies of English sub- jects," and that of " conquered countries," clearly suggests the principle by which the mother country should be guided in dealing with her colonies, not only concerning taxation but in all other matters. Some years afterwards, together with the Duke of Newcastle, he dissuaded Henry Pelham, then first minister of the Crown, from his project of taxing America^ The rebellious attitude of Massachusetts in 1725, however, met with the condemnation of the legal advisers of the Crown ; and in 1731, though Sir Philip Yorke and Charles Talbot, the Solicitor-General, defended the charter of the plantation against a proposed encroachment by the Crown, no support was given to the action of the colonial legislature when it claimed the right to dispose of the public money instead of leaving it to be issued on the governor's warrant, a claim which was characterised as " a design to assume the executive power of government and to throw off their dependence on Britain*." ' H. in, f. 151 ; endorsed \>y Lord II. "on the first report of my having the (Jreat Seal in 1733... but not delivered till after his Lordship's death." Lord M., however, died April 28, 1732; other letters from the exC^hancellor congratulating him on his marriage and promotion to office, IL 236, ff. 175, 190; also 169. ■■' Record Office, Board of Trade, Jamaica, xviii. No. 96, with corrections in Sir Philip's handwriting; Lecky, Hist. 0/ England {1887), iii. 316; Bancroft's Hist. 0/ the U. S. (1876), ii. 512. ■' See chap. xix. * M. 560, f. 26sqq. also f. 116; R.O., Board of Trade, New Kngland, xxi. f. 167 ; 90 A TTORNE V- GENERA L In 1725, on the proposal of Gibson, Bishop of London, to establish ecclesiastical jurisdiction over the plantations, Sir Philip and Sir Clement Wearg advised that it would be more prudent to limit ecclesiastical authority to jurisdiction over the clergy, since a spiritual jurisdiction over the laity would never be tolerated by the colonists^ On August 13, 1728, the Attorney-General states his opinion on a reference from the Board of Trade, upon the attempt made by the colonists to establish a nonconformist Independent Church, and on the petition of Timothy Cutler^, the clergy and members of the Church of England in Massachusetts, who complained that they had been forced to subscribe to ministers of this (^nomination and sought relief by the repeal of certain Acts of the colonial legislature : 1. The three first Acts complained of, having been confirmed by the Crown, cannot be repealed without the concurrence of the general assembly. 2. The others, having been transmitted more than three years ago and not disallowed, the King has now no power to give a negative thereto, nor can they be repealed but by Act of the assembly. 3. The principal difficulty is whether these Acts are repugnant to the Charter and consequently void in their original. (i) The Charter directs a general liberty of conscience, etc., to Papists, and neither establishes nor prohibits a Provincial Church. (2) It seems that by virtue of the general power of making laws, the legislature may take care that the public worship of God shall be celebrated. (3) Their power of making laws is restrained to such as are not repugnant or contrary to the laws of England. (4) The establishment of the Church of England is part of the law of England^ (5) The establishment of a Provincial Church upon the independent scheme is not consistent with that part of the law of England. (6) The providing by laws for the election of Independent ministers throughout the Province and obliging per- sons to contribute by public taxes to the maintenance of such ministers by compulsory laws is so far an establishment. Ergo xvii. No. 37; Bancroft, ii. 515, and see also the case of Carolina, ib. 518. See also Hist. MSS. Comm. Rep. v. 229, 243. 1 H. 560, f. 98. ' Formerly an Independent minister and as such appointed, in 17 19, President of Yale College, but dismissed on joining the Anglican communion in 1722. After visiting England and obtaining a doctor's degree, he became Anglican minister at Boston ; J. A. Doyle, I'hc Colonies under the House of Hanover, 222, i'zS. « Cf. p. 81. OFFICIAL OPINIONS 91 quaere whether such laws are warranted by the Charter. If they are not, the validity thereof can only be determined by a judicial proceeding. And quaere the judgment of the committee of council in the case of two Quakers committed for breach of some of these laws\ No extra-judicial determination with regard to these laws can be of force, but his Majesty may give such instructions to his Governor as to the assenting to future acts of assembly as he shall think fit^.— The official opinion of the Attorney- and Solicitor-General dated August 16, 1732, states finally that it would be unreasonable now to declare any of the acts complained of void in themselves and contrary to the Charter, inasmuch as they had not been disallowed by the Crown ^ On the other hand, the Crown lawyers advised that the proposed synod of the Independent ministers could not be held without the approval of the Crown, and it was consequently abandoned*. In 1726 the Attorney-General gave his advice on "a very melancholy scene" — the setting up of a new sect and chapel by the famous " Orator Henley V' who used a garbled version of the Liturgy and took money at the door — which was brought to the notice of the government by Gibson, Bishop of London. If the Act of Toleration, he wrote indignantly, instead of being a refuge for tender consciences was " to protect ill designing men in mangling the Book of Common Prayer. ..and turning religious assemblies into theatres and stages...! shall not wonder if the act become in a little time the abhorrence of the Clergy, and if the cry of the danger of the Church be revived." In his reply the Attorney pointed out that there was nothing illegal in these proceedings, and while expressing his readiness to suppress, when possible, any improper licence, advised the administration not to embark in a prosecution which must fail, and would rather encourage than restrain the mischief*. ' Certain Qviakers, having refused to assess taxes in Dartmouth and Tiverton in New England for the support of the Independent ministers in 1723, were fined and imprisoned, but their punishment was remitted on appeal to the Privy Council in England, June 2, 1724. Cough's Hist, of the Quakers, iv. 218-26. "^ Rough draft from the deed-box at Wimpole. '' H. 794, f. 300. The grievance was removed in 1743 by the exemption of the Anglicans from all payments for the support of the Independent ministers and chapels ; J. A. Doyle, The Colonies under the House of Hanover, 230. * lb- 226. ^ For account of this person see T. Wright, England under the House of Hanorer, i. 104, 114. * H. 788, ff 13, 53, 63Sf]q.; for another complaint by the Bishop, 11. 237, fT. 24-5. 92 A TTORNE Y- GENERA L On November 8, 1728, he deals with a proposal of the King that striking an officer in the Army should be made a capital punishment. He explains that according to the present law it could only be so when connected with a refusal to obey a com- mand or an attempt to stir up rebellion, but that a blow merely given in anger, apart from these circumstances, was not a capital offence, nor does he advise that the law should be extended^ Some curious questions of foreign enlistment were submitted for his opinion. It had long been the custom of the King of France in time of peace between the two countries, to enlist men for his army among the subjects of the King of England, especially in Ireland^. Less lawful were the clandestine practices of Frederick William, King of Prussia, who, possessed with a mania for tall men, sent to entrap them and to bring them over to his regiment at Berlin^ His emissaries even enlisted recruits from among the King's Guards at their barracks, offering each five or ten guineas as an inducement, and exposing themselves, according to the opinion of the Attorney- General, to severe punishment under the Foreign Enlistment Act and for persuading to desertion. There are many allusions which show the dangerous and dis- turbed state of the country at this period, and the necessity for a strong government and a strict administration of the laws. In September 1727 there were serious turnpike riots near Bristol, and the rioters could neither be apprehended nor discovered*. In November of the same year there was a murderous riot in Cornwall, and bands of men paraded the country armed with guns. The year before, the Attorney-General had, by desire of the government, drawn up a proclamation offering a reward for the discovery of the murderers of one Thomas Ball, in London, when a shocking state of lawlessness and intimidation was dis- closed. The murderers, eight in number, had entered the victim's house in the evening of January 24, 1726, and had killed him openly, afterwards appearing publicly in the streets and threatening everyone with firearms that attempted to apprehend them. They wounded several persons, their numbers increased daily and they became so formidable that the constables were afraid to seize them. No evidence could be obtained against them for fear of murderous » H. 789, ff. 106, 108; also 185. ^ Mem. of a consultation on this subject between the Attorney, Ch. Talbot the Solicitor, and the Lord Chancellor, II. 790, f. 308. ^ See description of this folly in Carlyle's Frrd. the Great. H. 788, f. 356. PRIVATE PRACTICE 93 reprisals, while some of the ruffians, who had been apprehended, were liberated again by " the imprudence of some gentlemen in authority^" In dealing with such disturbances and riots it was impossible for the administration to define the exact conditions in which the military force was to be called in and ordered to fire on a mob. The responsibility must rest on the local authorities ; and Sir Philip advises on January 2, 1733, that the instructions issued to troops, sent in aid of the civil power to quell riots, should be " in general terms, viz. not to repel force with force unless it shall be found absolutely necessary-." Meanwhile Sir Philip's legal reputation had drawn to him at the bar a private practice of prodigious extent and of very large profits The competition was great to secure his services, but the business of the Crown and his political duties made large demands on his time, and he was often obliged to refuse briefs. Litigants, however, who sought his assistance would sometimes take no denial and would even apply to members of the administration to employ their influence with the Attorney-General in their favour^ Jeremy Bentham, from whom we have already quoted, gives a singular account of the manner in which business was transacted in the Court of Chancery, where a great part of Sir Philip's causes were heard^ during the declining years of Lord Chancellor King. " At the time Sir Philip Yorke was Attorney General, Mr Talbot was Solicitor General and Lord King was Lord Chancellor, who had been advanced to that high office from being Chief Justice of the Common Pleas and had distinguished himself for having been not only a very able common lawyer, but also a good divine. ' H. 788, f. 7 sqq. "^ See also H. 791, f. i88 ; for an important opinion given in his private practice, but almost of a public nature, on the right of appeal from the Vice-Chancellor of Cambridge University to the Senate, in March 1731, see Opinion of an eminent Lawyer etc. (1751), 33. For his opinion on the legal status of slaves landed in England see chap. xxvi. ; for the legal status of a man enlisted before taking the oath, H. 788, f. 263 ; on the right of the Chancellor to present to Crown livings, H. 789, ff. 65, 69; on new statutes for the Order of the Bath, H. 787, f. 313; and generally for his opinions as Attorney-General, II. 786-96. ^ For an example of his methods of pleading and arranging his case, see notes of his speech defending the Africa Co., H. 558, f. 124. Some long and learned arguments in appeals before the Privy Council are in H. 868, ff. 28-51, also H. 848, ff. 54sq(i., 312, 377 ; in Exchequer and Chancery cases II. 827-30 ; and for appeal cases in the House of Lords, 11. 799 and following vols ; for printed cases see 2 Strange, 953-1074 ; Moaely's Reports, passim ; Holiday's Life of Lord Mansfield, 28, and J. Brown, Reports of Cases in Parliament. * E.g. the letter to Sir P. Yorke from Townshend in 1725 (II. 237, f. 5) and others in this \o\., passim ; and pp. 109 sqq. * CooV?,ty's Essays, 59; see also Lord Hervey'saccount of Lord K'\ng, Memoirs, i. 285. 94 A TTORNE V- GENERA L He became, however, so far advanced in years when he held the Seals as Chancellor, that he had often dozed over his causes when upon the Bench, a circumstance which I myself well remember was the case ; but it was no prejudice to the suitors ; for Sir Philip Yorke and Mr Talbot were both men of such good principles and strict integrity, and had always so good an understanding with one another, that although they were frequently and almost always concerned for opposite parties in the same cause, yet the merits of the cause were no sooner fully stated to the Court but they were sensible on which side the right lay, ^d accordingly the one or the other of these great men took occasion to state the matter briefly to his Lordship and instruct the Register [Registrar] in what manner to minute the heads of the decree, so as that strict justice might be done." He found time in 1727, during these years of almost uninter- rupted labour, to write a pamphlet of great legal research and argument, entitled A Discourse of the Judicial Authority be- longing to the Office of the Master of the Rolls in the High Court of Chancery. The occasion of the tract was a controversy which had arisen between Sir Joseph Jekyll, the Master of the Rolls, and Lord Chancellor King, concerning the authority and juris- diction of the former in the Court of Chancery, the latter main- taining that it was not only subordinate to, but also dependent upon the Chancellor, and that there was no judicial power inherent in the office of the Master of the Rolls. In support of this view, a pamphlet was published in 1726 entitled The History of the Chancery, by Samuel Burroughs, and the effort was rewarded by Lord King with a Chancery Mastership. Sir Joseph Jekyll, however, found in his nephew, the Attorney- General, a zealous supporter of the ancient rights of his office, and Sir Philip Yorke's able pamphlet, which appeared the next year, backed as it was by references to unquestionable authorities and supported by careful research, practically settled the questions at issue. Published almost immediately after that of Burroughs, it had all the effect of a reply to the latter's arguments, though it contains no single allusion to this production, and the question is treated not polemically but historically throughout, and considered strictly on its merits. A second edition of the History of the Chancery, which had met with some success, "corrected and enlarged with further proofs," had been advertised for publication, but the appearance of Sir Philip's Discourse caused it to be immediately withdrawn'. Desirous, however, of not leaving the last word to his ^ The Discourse, Fref. to 2nd edition, ii. ''JUDICIAL AUTHORITY BELONGING TO THE M.R." 95 antagonist, of whose identity he was ignorant, Burroughs appHed for and obtained the assistance of William Warburton, later the famous religious controversialist. With the latter's collabora- tion another work was produced in 1727, entitled The Legal Judicature in Chancery Stated. To this Sir Philip replied by publishing in 1728 an enlarged edition of his former pamphlet and by prefixing an introduction, in which he noticed and exploded some of the most glaring inaccuracies of Warburton and Burroughs. He expressed some slight contempt for the hastiness and scanty learning of his opponents, but otherwise the controversy was carried on from his side with the judicial calmness characteristic of the writer. " The author of the Discourse" he says in his Preface, " avoided writing in a controversial way, which is too apt to lead into some sharpness of style, and frequently tempts a man to take advantage of errors and mistakes, merely for the sake of exposing the weakness of his opponents. The History furnished plenty of these advantages, but they were all passed by on account of the dignity of the subject which concerned the Judicature of the highest Court of Justice in Westminster Hall, and the Royal Authority, and Fountain of all Jurisdiction." The opening passage runs : " The Laws are the Birthright and Inheritance of all the subjects of England." But we need not follow the details of the controversy, which in the course of the dispute became somewhat minute and tedious. Sir Philip says himself: "I have tired myself, and am afraid I have trespassed too much on the Readers Patience by animadverting so particularly on the Author's mistakes and wrong suggestions"; and the ques- tion was almost immediately closed by the passing of the Act 3 George H, c. 30, which decided the matter according to the opinions set forth in the Discourse and fully confirmed the former authority and jurisdiction of the Master of the Rolls. The pamphlet, however, as being Sir Philip's only published work, is not without interest. It is composed without any aim at literary effect, but with admirable lucidity, and both in the arrangement and style has much in common with his later decrees in Chancery. The names of the authors of the different pamphlets were kept carefully concealed. Members of the bar were then, perhaps, more cautious of appearing in print than they are at present. In this case too there was a special reason for not publishing the author's name, for there would have been some impropriety in the open support of the Master of the Rolls by the Attorney-General in a 96 A TTORNE V- GENERA L controversy with the Lord Chancellor. It was not till many years later that Warburton, while on a visit to the celebrated Mr Allen at Prior Park, Bath, disclosed the part which he had taken in the controversy in conversation with Sir Richard Heron, when Charles Yorke, who happened to be also a guest, told the company at the same time, to Warburton's great astonishment, the name of the author of the Discourse. Even then the authorship was not publicly known and the pamphlet was commonly ascribed to Sir Joseph Jekyll himself at whose instance it was composed\ Sir Philip Yorke's inclusion in the ministry as Attorney- General in January 1724 had coincided almost exactly with the overthrow and retirement of Lord Carteret, first of all to the vice- royship of Ireland, and shortly afterwards to the ranks of the opposition. Pulteney joined him the next year, and the influence of Walpole was henceforth supreme in the Cabinet, though con- stantly exposed to the attacks of the able politicians now his antagonists, whose hostility was all the more violent because they had once been his friends. Henry Pelham and his brother, the Duke of Newcastle, at the same time obtained office, the former as Secretary at War, and the Duke as Secretary of State. Several debates of importance took place in Parliament in which Sir Philip gave the government strong support. On April 20, 1725, he spoke in favour of the restoration to his client, Lord Bolingbroke, of his property in PZnglandl The acquaintance with this celebrated person, and one who differed so widely from himself in character and principles, the ^ Hargrave's copy of The Legal Judicature in Chancery Stated and The Discourse in the Brit. Mus. with MS. notes (press mark 510, d. 19, 1727) ; Nichols, Lit. Anec. v. 537. In Chalmers' Biog. Diet. The Legal Judicature is wrongly attributed to Sir Philip Yorke. Cooper, a writer frequently inaccurate, in his Brief Accojiitt of the Court of Chancery, 350 note, considers the tract a joint production, and says there was still in his time at the Rolls House some part of the work corrected for the press by Sir Joseph Jekyll; "I have a copy of a letter (original at the Rolls) consulting him as to the price at which the book should be sold, calling it his IJonottr's Book." These MSS. are not to be found at the Record Office now, or elsewhere. But there seems to be no doubt that the authorship is as stated in the text. There is a copy of the work of the first edition without the preface in the lil)rary at Erthig in which is written in the handwriting of Philip Yorke of Erthig (1743-1804), hisgodson, "This Treatise was drawn up by Mr P. Yorke, afterwards Lord Chancellor Hardwicke, at the desire of Sir Joseph Jekyll, at that time Master of the Rolls." * Pari. Hist. viii. 461; Lord Hervey's Memoiis, i. 15; Lord B.'s papers and Sir P. Y.'s notes, H. 895. A letter of Sir R. Walpole to Sir P. Y. of June 8, 1725 (H. 237, f. 10), in which he writes : "By my Lord Bolingbroke's consent I desire you will proceed no further in the matter you mentioned to me," probably refers to the additional demand of being restored to his seat in the House of Lords. ACQUAINTANCE WITH LORD BOLINGBROKE 97 most formidable opponent, moreover, of Walpole's administration, was nevertheless maintained for many years in good-humoured social intercourse. Mr Yorke, as he was possessed of great convivial pleasantry, [writes Jeremy Bentham], to relieve himself under the pressure of business in his profession and his engagements in public affairs, even when he became Sir Philip Yorke and his Majesty's Attorney General, would sometimes enjoy himself in the company of men of genius like himself; and once upon his dining with Mr Taylor (commonly called Joe Taylor of Bridewell, then member of parlia- ment for the borough of Petersfield in Hampshire) at his house at Stanmore in Middlesex, where Lord Bolingbroke made one of the company, his Lordship took occasion jocularly to ask Sir Philip Yorke whether he was never a rake in his younger days. Sir Philip's reply was that he must confess he never was a rake, for that indeed he was so early immersed in business that he never had any time to be one ; upon which Lord Bolingbroke expressed himself to be not a little pleased with the reason Sir Philip had given him ; for, said his Lordship, he was persuaded no one could ever distinguish himself and make his way in life in the manner Sir Philip had done, unless he had been a rake or at least had the seeds of a rake in him. Such a compliment as this, however Lord Bolingbroke might apply it to Sir Philip Yorke, yet the rest of the Company present could not but understand it with a view of making a still greater compliment upon himself, as shining abilities and rakery were so conspicuously united in Lord Boling- broke's own character. This account of the conversation that passed between him and the late Lord Hardwicke I had from Mr Taylor himself, at whose house, and in whose company it happened^ Lord Bolingbroke, in spite of his bitter feelings against the Whig administration, never ceased to retain a warm admiration and respect for Lord Hardwicke. In 1733, while violently attacking the government in The Craftsman, and notwithstanding the prosecu- tions of the journal which the Attorney-General had promoted, he congratulated Sir Philip in a letter singularly happy in its friendly expressions, on the occasion of his recovery from illness, and in 1736, he reiterates to Sir William Wyndham his "great esteem for him and most inviolable friendship^." Returning from this digression into which the great name of Lord Bolingbroke has led us, we find Sir Philip giving his support in Parliament to the government on various questions, including that of the maintenance of the land forces, against which several ' Cooksey's Essays, 58. '^ p. 115 ; Coxc's Sir Robert Walpole, ii. J37 ; and sec further (). 377. 98 A TTORNE Y- GENERA L members raised the now antiquated objection of the danger to the constitution ^ He would, however, on occasion both speak and vote against the administration. He supported, for instance, against the ministers and the Solicitor-General", the bill for inquiry into the sale of the Derwentwater estate, forfeited in the rebellion of 171 5, on the ground of the inadequacy of the actual law to deal justly with the matters involved, when the transaction, in consequence of corrupt practices, was annulled. The veteran William Shippen*, the leader of the Jacobites in the House of Commons, declared on this occasion that he should ever honour him for his justice*. He opposed the Bankruptcy Act, 5 George H^ and as Attorney- General refused to subordinate his high office in the law to the political necessities of the administration. " Sir Robert Wal pole," wrote his son, afterwards the second Lord Hardwicke, " was not sufficiently delicate about the decisions of elections. He once asked my Father and Mr Talbot to attend one ; they after much pressing went and finding Sir Robert's friend had a bad cause, voted against him. Sir Robert swore he would never ask an Attorney and Solicitor again. I could not help replying that I partly believed they did it to prevent the Minister's repeating so improper a requests" Sir Philip was one of the committee appointed by the House of Commons to inquire into the frauds upon the customs'', and he took a leading part in support of Sir Robert Walpole's famous Excise Bill. This was an advantageous project which aimed at substituting an excise upon wine and tobacco for customs duties upon the same articles, in order to prevent the evasion of the tax, and which at the same time established bonded warehouses^ The enemies of the minister, however, says Lord Hervey, had shown the bill "in so formidable a shape and painted it in such hideous colours that everybody talked of the scheme as a general excise ; they believed that food and raiment and all the necessaries of life would be taxed ; that armies of excise officers were to come into every house and at any time they pleased ; that our liberties were at an end, trade going to be ruined, Magna Charta overturned, ^ Pari. Hist. viii. passim ; hist. MSS. Comm., Duke of Portland, vi. 24. 2 hisl. MSS. Comm., Earl of Carlisle, 90 ; A. Sidney, 0/ the Use and Abuse of Parliaments, ii. 439. ^ See p. 253 n. * Annual Keg. (1764), 280. » See chap, xxvi., Corr. Ap. i, 1755. * Walpoliana, g. ^ Hist. MSS. Comm., Earl of Carlisle, 112. * See the very tardy eulogy of this measure and of the minister in 1759 by Pitt. Walpole, George II., iii. 178. THE EXCISE BILL 99 all property destroyed, the Crown made absolute and parliaments themselves no longer necessary to be called'." To the cries thus raised from the mob were joined the violent diatribes of the opposition journals and the whole resources of the factions hostile to Walpole, who now uniting their forces and led by Bolingbroke and Pulteney made one last attack on their common enemy, while many of the ministerial supporters also wavered. The great debate in committee on the project, one of the most memorable in the annals of the House of Commons, took place on March 14 and 15, 1733, amidst a scene of great excitements Sir Robert Walpole explained his scheme in a lucid and conciliatory speech, and was followed by Sir Philip, who deprecated the unfair and ungenerous reception which the bill had met with and the wrong basis on which the discussion had proceeded. The only question involved in the present debate, he declared, was the prevention of the gross abuses in the tobacco trade by which, not only was the treasury systematically despoiled, but every private consumer, who paid the whole tax, was defrauded, in order to fill the pockets of the fraudulent dealer. Those gentlemen who opposed did not attempt to deny these evils nor argue that the bill would provide no remedy, but merely raised the cry of the constitution and liberty in danger, as if frauds in the collection of the public revenue were part of the constitution and liberty to smuggle included in the national liberties. As to the clamour raised among the people by ill-designing men against the measure, nothing could so soon allay them as its execution, when it would be instantly seen how groundless were the popular fears and how a fund could be collected, without putting any extra tax on a single class or a single honest man in the country. As to the severity of the laws of excise, it was well known that the customs laws, which enabled the officers in certain cases to enter the house of any subject of Great Britain, existed already. These were necessary powers, the abuse of which would always be severely punished. To the charge that a whole army of excise men would be appointed to execute the scheme and enslave the people, he showed that not more than 126 persons would be added to the number of revenue officers. Would the nation be • See also " h^xci>e" as defined in Johnson's Dictionary (i^^:,), "A hateful tax levied upon commodities and adjudged not by the common judges of property but wretches hired l)y those to whom excise is paid." "^ Pari. Hist. viii. 1287; Gent. Mai;, iii. 559; Lord Ilervey's Memoirs (1884), i. i6osqq.; A. Sidney, Of the Use and Abuse of Parliaments, ii. 46osci(i. Hist. MSS. Comm., Earl of Carli^le, 102-11. lOO A TTORNE Y-GENERAL enslaved by 150 little excisemen? He answered the complaint that property would be at the mercy of Crown officials by reminding the House that there was an appeal to the judges in Westminster Hall ; and in reply to the objection that such revenue cases were to be tried without a jury, while admitting this to be an exception to the fundamental principle laid down in Magna Charta, he pointed out that such exceptions had already been made in numerous instances ; that in the Courts of Chancery and Admiralty, for example, there were at that very time no trials by juries and that in revenue cases it was hopeless to retain the ancient method, owing to the well-known partiality of juries for those prosecuted by the Crown. Of this he gave one instance out of many, which fell within his own experience, as law officer of the Crown, when a notorious smuggler was convicted of the charge to the satisfaction of every- one present in court and yet, notwithstanding, was declared by the jury not guilty. The liberties of his country he indeed valued and would defend on occasion, but here they were in no wise menaced, and declamations on this subject were as misleading as they were superfluous. It was probably on this occasion that a passing reference to his own conduct in Crown prosecutions and to the scrupulous respect for the subject's legal rights and liberties which he had made it a rule to practise, called forth a sudden burst of applause from the Housed During the course of the discussion Sir Robert Walpole was compared by his opponents to Empson and Dudley, the notorious extortioners of Henry VH's reign. But the invective fell lightly upon the minister whose historical knowledge, it seemed, did not extend so far, and who could attach no meaning to it till Sir Philip Yorke, who was sitting next to him, enlightened him in a whisper^ Meanwhile, an enormous and hostile concourse of people, brought up by the organisers of the opposition, had assembled at the doors and avenues to the House, who were contemptuously alluded to by Sir Robert, whose nerves were unshaken by these unscrupulous attempts to overawe the proceedings in Parliament, as " sturdy beggars," or in modern phraseology " the unemployed." The motion finally was only carried by a majority of 266 to 205'. On the occasion of the debate on the city petition to be heard by counsel against the bill, on April 10, the citizens attended in ' Atinual Register, vii. 280. ■•* Pari. Hist. viii. 1305. ^ Pari. Hist. viii. 1307. Lord Hervey gives 265 to 204, Mem. i. 182. HIS CHILDREN loi "a train of coaches that reached from Westminster to Temple Bar." Sir Philip again spoke in support of the government but the majority was still further diminished to 214 against 197. "Sir Robert," writes Lord Hervey, " was never less able to disguise his being defeated than this night. He stood some time after the House was up, leaning against the table with his hat pulled over his eyes, some few friends with melancholy countenances around him." On the following day, April 11, he announced in a speech which, has been described as "a masterpiece of parliamentary eloquence^" the withdrawal of the bill, and another heated dis- cussion ensued, the opposition desiring to secure its rejection. On the conclusion of the debate Sir Robert, who refused to escape by a back way, declaring " there was no end of flying from such menaces," was violently abused and hustled by the mob while passing out of the House. At one time a serious catastrophe seemed imminent, but the great minister's supporters gathered round him and made way for him through the rabble in safety. Subsequently the Attorney-General brought in resolutions to prevent such assaults and riots in future"^ ; and the violence of the opposition soon brought about a reaction, of which proof was given at the general election which now followed immediately, when a large majority placed Walpole in a position of greater power even than before. This was Sir Philip Yorke's last recorded appearance in the House of Commons. Almost at the same time the two great legal offices of Lord Chancellor and Lord Chief Justice became vacant, one of which, it was certain that he would be chosen to fill. Meanwhile, his marriage in 17 19 had produced a large family of five sons and two daughters, Philip, his eldest son, born December 9, 1720, Charles, born December 30, 1722, Joseph in 1724, John, August 27, 1728, James, March 9, 1730, Elizabeth, in August 1725 and Margaret, March 21, 1733I One other child at least died young^ The sons were all educated at Dr Newcombe's famous school at Hackney*, later, with the exception of Joseph, who at an early age entered the army, proceeding to Bene't, afterwards Corpus Christi College, Cambridge. They also had the advantage of a private tutor, Dr Samuel Salter, fellow of the same college, who * Hy the second Lord Hardwicke in Walpoliana. - Coxe's Pelham, i. 9. ^ Collins, Peerage (1779), v. 321 ; G. E. C.'s Complete Peerage, under Anson. * Pol. State, xxxvii. 421 ; Hist. Reg. April 7, 1729; II. 1 i, ff. 23, 112, 168. * Duke of (}rafton, Autobiography, 3 n. 1 02 A TTORNE Y- GENERA L had been recommended by the excellent Dr Thomas Herring, then Dean of Rochester, as a good scholar of exemplary character and Whig principles^ Both parents bestowed great attention on their children's education and Sir Philip found time to keep constantly in touch with his sons^. They, on their side, responded eagerly to the care spent upon them and at a very early age obtained a sound knowledge of the classics, of history and of philosophy, and showed a capacity for expressing ideas in good style and good English which would now-a-days appear phenomenal in schoolboys of 12 and 13. The two eldest, Philip and Charles, with another youth, probably the younger David Papillon^ kept up, while at school, a journal called The Triumvirate, on the model of the Spectator, to which each in turn contributed an essay*. They relate their imaginary careers, discuss historical problems, discourse on luxury, death and similar moral themes and express a proper indignation for Atheism and " Romish Doctrines." Occa- sionally occur verses of merit^ and the whole, considering the youth of the contributors, shows intelligence and literary ability of very great promise and precocity. The Triumvirate was regularly perused by Lord Hardwicke and the productions of the youthful essayists sometimes criticised and encouraged. Occasionally he would send contributions of his own under the pseudonym of Paterculus. As his eldest boy writes, " Were the Author known it would appear surprising to everybody that a Person engaged in the most important Business and the most shining scenes of life, should find leisure or inclination for performances of this Nature, and that He should be able to succeed as well in trifles as he does in Things of the greatest moment." These contributions include an " Essay on the Chace," on "Grave Stones," on "Education," on the "Government of the Mind." Grave stones he recommends should be erected not at the person's death, when they are inscribed with all kinds of false and rhetorical descriptions of the dead man's deeds and virtues, but at a man's setting out in the world with his name and birthday ' II. 250, ff. 1-4. Salter obtained subsequently several preferments from Lord H. , including the prebends successively of Gloucester and of Norwich, and was appointed Master of the Charterhouse in 1761 ; he died in 1778. 2 E.g. H. II, f. 202. :» p. 51. * A volume of these essays, whence the passages in the text are taken, in the writing of the young I'hilip Yorke, is at Wimpole; also H. 3, {. 21. There is, besides, another volume of similar essays styled The Philosopher., begun at Cambridge in 1738. ^ E.g. the lines written on the death of Queen Caroline, Latin and English, December 3, 1737, by Philip Yorke, contributed to the Pietas Academiae Canlabrigiensis. ESS A VS WRITTEN FOR HIS SONS 103 engraven upon it to be filled up by inserting his future good actions. The " shame of seeing it continue long a blank without anything to follow after the day of his birth," would surely stimulate the most sluggish disposition to perform some worthy deed. The subject of " Education," the writer says, has been suggested to him by a " fine and beautiful orchard," where " riding out the other day for the air, my grey mare rambled with me." He notices that the best results are obtained by the skill and care bestowed upon the trees. Without this the good quality of the stock or of the soil availed little, and even brought about a quicker degeneration. So it was with man and education. Nobility of birth, good parts, great estate were, alone, merely further oppor- tunities of indulgence in vice. Education only could turn these advantages to account. But between the young tree and the young man an essential difference had been placed by the Creator. To the man were entrusted alone powers whereby he might co-operate with and assist the cultivating hand. " ...How reproachful is it to the reasoning animal, enabled as he is to do so much better for himself, that he will obstinately do worse.... Methinks it should be the ambition of youth to become volunteers in learning and not to suffer themselves to be pressed into the service, scarce do duty for a while under the eye of their superior officer and then take the first opportunity to desert." He concludes by praising the design of the authors of The Trhcmvirate and the practice of " thinking and writing in their mother tongue," "an exercise not generally attained in schools where the acquisition of the learned languages is their particular business," but which encourages originality of thought and the study of subjects afterwards useful " in the senate or in the bar, in the pulpit or in common living." Wit and humour are to be cultivated to give pleasure in conversation ; above all the impressions of religion are to be struck deep and good habits early introduced, which then soon become a kind of second nature'. The es.say on the " Government of the Mind," or rather the control of the temper, is eminently characteristic of the writer, who.se " great accomplishment," as a very hostile witness writes, "was an evenness of temper and command over his passions, which scarce ever suffered him to be transported into any indi.screet action or intemperate or indecent expression of resentment'^." We shall therefore give the whole. ' H. 3, f. 21. - Anon. Corr. in R. Cooksey's Essays, loo. I04 A TTORNE Y-GENERAL To Mr Spartaciis {Charles Vorke] one of the Authors of " Tfie Triumvirate!' Animum rege, qui nisi paret, Imperat ; hunc frenis, hunc tu compesce catena. HOR. {^Epist. I. ii. 62]. Sir, There is no lesson more useful for the conduct of Human Life than that which Horace in the motto, prefix'd to this paper, calls the Government of the Mind. Many of the antient Philo- sophers have treated this subject as a moral virtue, so far as it regards anger or the restraint of that which commonly passeth under the name of passion, and many Divines have enforced it with great energy as a Christian Grace. I have not the vanity to imagine, I can add any [thing] to their copious labours, or the inclination to be tedious in repeating them. My design is to consider it in another light, and by examining into how many particularities the neglect of this discipline runs out, to shew that [it] is the source of the greatest part of those uneasinesses which we either feel in our selves, or communicate to those with whom we converse. If a man will but give himself the trouble to turn his thoughts inward and attentively reflect upon the operations there, he must be very stupid if he doth not find that most of the indiscretions and false steps that afterwards give him the pain of repentance and self-condemnation, proceed from the want of this wholesome regimen ; — the surly look — the peevish answer — the sharp or bitter reflection — the rude behaviour have every one their first conception here, and take their rise from some emotion in the mind which a habit of governing would stifle in the birth. Take a view either of domestic broils or public quarrels, and a little deliberation will soon satisfy you that they are generally derived from this hidden spring, unless where interest is the prize contended for. How ridiculous then is it for a man endued with reason, given to him to rule his whole frame, convinced too of the fatal deviations he is apt to make when that doth not hold the reins, to suffer himself to be run away with by a beast, which might with a little pains be held in. The elegant and judicious author I have cited takes his metaphors from a bit and bridle and with the greatest propriety, since it supposes clearly that reason must be the rider. How many persons have I known, otherwise not indisposed to goodness, surpriz'd into breaches of the plainest duties for want of ''THE GOVERNMENT OF THE MIND" 105 applying this preventive remedy ? Hurried into quarrels with their relations and friends with whom it is always essential they should live well, how many mortifying hours of vexation and self- torment have I seen them spend in vain on account of a rude action or unmanerly expression, hastily thrown out in a moment, but never to be recall'd ? These are some of those foolish persons who create to themselves troubles out the dust — dust of their own raising which one instant of calm thought would have kept down. But this is not all, the want of keeping this guard over the sallies of the mind, doth not only appear in words or actions, but, when indulged in, frequently breaks out in the face, and deforms the man. It is an old observation Mores anivii sequnntur Tempera- mentuni Corporis; but it is as often true that ebullitions from within work upon the external form and affect the whole cast of the features. I have seen a beautiful lady made ugly by falling into a causeless passion, and a handsome young gentleman quite altered in his look by putting himself into a dumb ill-humour. A little attention would teach us that this is, to a trifle, as much an affront to the company we happen to be in as ill words, and shews ourselves in almost as disagreeable a light. If we would but consider the world about us, a just esteem for others, or that regard for those we converse with, which is called good breeding, would be a constant monitor to the exercise of this dominion over ourselves. What difficulties doth a rude expression or behaviour put them under? When to bear it without animadversion might be called an unmanly tameness, and to resent it, as it deserves, might produce an open and a lasting breach? To lay our superiors under a necessity of using either correction or reproof, is imposing upon them a task uneasy to a good natured man and reproachful to our selves. I wish anyone who gives way to this kind of ill-conduct, would seriously consider how many enemies and how much disgrace it may probably bring upon him in the event ; for he may be sure it will not stop short at little instances, but if not reform'd, will break forth into greater and more interesting consequences. For want of this discipline, and not gaining the habit of suppressing these quick risings of the mind, I knew a Judge', of great parts and abilities, and of real good nature and humanity at bottom, lose the affections of the Bar, when his fall from his exalted station made him feel the want of them ; chiefly by having sometimes given way to a sharpness of expression upon observing their failures, ' No doubt Lord Macclesfield. I o6 A TTORNE V- GENERA L without allowing himself time to check the first emotion. I have heard of a General of unquestioned bravery who, from the same fundamental cause, became so insufferable to his men, as to be shot in the back by them in a day of Battle. And I am old enough to remember a great Prelate, from a neglect of this self government, grow so intemperate, as to become a common swearer, to his own infamy and the dishonour of his holy function. These are terrifying examples, and one would think of force sufficient to make us dread those errors which gave rise to them especially since the methods of correcting them at first will appear so easy. When any of these hasty motions are found rising in the mind, 'tis but to reflect one moment — for what reason i* — to what good end ? What may be the consequence ? This moment will give sufficient time to reason to resume her office, to take the reins in her hand, and check the irregular movement. The opera- tion of this kind of discretion is performed in an instant, but the advantages flowing from it are most durable. Another method of fortifying the outworks of the mind against these attacks is to enure ourselves to a well-manner'd behaviour, placid look, and civil obliging language. These habits becoming familiar to us, do not only conciliate the good opinion of others, but tend to secure ourselves from the surprizes of a contrary carriage. There are two verses in the Proverbs of Solomon which exhibit a strong de- scription of what I am here recommending: Pleasant "words (saith that wise King) are like an honey-comb, sweet to the soul and health to the bones. He that hath no rule over his own spirit is like a city that is broken down and without walls^" After I had writ down these reflections, I was musing to myself how I might turn them to some account, when I chanced to cast my eye upon the verses following my motto, Fingit equum tenera docilem cervice magister Ire viam, qua monstret eques ; venaticus, ex quo Tempore cervinam pellem latravit in aula, Militat in silvis catuhis. Nunc adbibe puro Pectore verba, puer ; nunc te melioribus oflfer. Quo semel est imbuta recens servabit odorem Testa diu. These lines naturally led me to consider that young minds, tho' liable to sudden starts and sallies, are yet most susceptible of good impressions, and con.sequently most capable of learning and improving the lesson which I have been inculcating. This ^ Proverbs xxv. 28. RESIDENCE 107 immediately determined me to send it to Mr Spartacus for the use of the Triumvirate, of whom I am truly an Admirer and Faithful Friend, PATERCULUS'. Sir Philip's marriage and increase of family had necessitated several changes of residence. From 17 10, probably immediately after quitting Mr Salkeld's in Brook Street, Holborn, he had occupied chambers in Pump Court, Middle Templet In 17 13 he had joined his cousin, Herbert Jacob, also a barrister, in lodgings at " Mrs Green's in Bishops Head Court in Gray's Inn Lane^*." On his marriage in 17 19, he appears to have kept on his chambers and to have taken a house in Lincoln's Inn Fields ^ The former were given up in 1724, when, probably in order to be nearer the sessions of the Court of Chancery, which were at that time mostly held in the hall of Lincoln's Inn, he migrated from the Middle Temple to Lincoln's Inn on his appointment to the office of Attorney-General. He was admitted to the latter society on July 26, 1724, while still remaining a bencher of the Middle Temple, in which capacity he signed a deed of partition on November 2, 1732^ was made Trea- surer in 1725, and in 1726 Master of the Library, and was allotted chambers on October 23, 1724, at No. 4 in the Garden Court, Chancery Lane Row, and on January 3, 1727^ at No. 4, Serle's Court, now New Square, Lincoln's Inn, one story high on the west side of the staircase. The same year he removed to a house in Red Lion Square'', and thence in 1731 to a residence in Arch Row, Lincoln's Inn*, where he probably remained till he acquired the lea.se of Powis House, in Great Ormond Street, in I737> ori being made Lord Chancellor. A home in the country was also absolutely necessary, not only for change and fresh air, but, as Sir Philip found more and more in the future, for a retreat where the cares of public affairs could not follow him. His thoughts turned to Kent and to Dover, his native town. He already posscs-sed landed property in the immediate neighbourhood, in- herited from his grandfather, Simon Yorke, and from his mother's family, the Gibbons". To these estates he had frequently added • MS. at Wimpole. 2 VVheatley's London, iii. 131. ' H. II, f. 12. * Harris, i. 199. ' A. R. Ingpen, K.C., Master Worsley's Book, 747. * /^ec. 0/ Lincoln'' s Inn, iii. 269, 270, 276, 282. 7 Wheatley's London, iii. 155; and ii. 396. ' Ilarri.s, i. 386. ' These lands remained till recently in the possession of the Chancellor's descendants. 1 08 A TTORNE Y- GENERA L by later purchases \ but they were small parcels of land with farms, without proper accommodation and without possibilities of develope- ment. He made several attempts to purchase a residential estate in the vicinity of his old home, but without any success*. Accord- ingly, at some time after his marriage, he bought a house — now known as Carshalton House and which is still standing — and grounds at Carshalton, near Croydon, from Sir John Fellows, a governor of the South Sea Company', and this remained the country residence of the family till the later purchase of Wimpole, and the home to which Sir Philip's children carried back their early recollections. About the same time, in 1725, Sir Philip purchased from the Trye family the estate of Hardwicke in Gloucestershire, for which he appears to have paid ^^24,000, buying at 24 years' purchase*. He paid a visit to his new property in the summer of that year but never resided, and the estate was probably acquired merely as an investment. At the threshold of his middle age, then. Sir Philip found in his home, his wife and children, and in the increase of his material prosperity every source of domestic happiness and contentment. In his profession and public career many of the hopes and aspira- tions with which he had started in life had been already realised. On completing his service as principal law officer of the Crown, he had established a great and enviable reputation. He was without question the leading member of the bar. His parliamentary abilities had made him one of the most influential members of the administration. But it was perhaps his strength of character rather than his intellectual gifts that rendered him so valuable a servant of the state. During these years no speck or flaw could be found in his dealing, and though his rapid success made him a mark for the common charges of avarice and ambition, he gave proof, as will be seen in the following chapter, of a striking disinterestedness and indifference in the race for place and power, viewing the advance- ment of a subordinate to the highest seat in the law over himself with contentment and equanimity. * E.g. he buys several farms in the neighbourhood of Sandwich 1722 (H. 236, fif. 251-7) and lands of about 200 acres and buildings about the same time, lox^i^oo, of;^29o yearly value, at Upton and Eastry (II. 880, f. 24). ^ E.g. in 1721, H. 236, ff. 238, 251-267, and H. 237, f. 20. * Lysons, Environs of London, i. 136; Walford's Greater London, ii. 203. * H. 344, fif. 1-6, 32; H. II, ff. 90-6; Rudder, Hist, of Gloucestershire, 471; Lords' Journals, xxii. passim; a view of it appears in Atkyn's Hist. 0/ Gloucestershire. In 1730 he invested £Gooo further in land (B. M. Add. Charters, 44,851). LEGAL ETLQUETTE 109 Correspondence David Collier to the Attorney-General [H. 236, f. 357.] Nov. 13, 1724. Sir Phillip York, I make bold to let you know there is one Thomas Ingram that was fore man of the Jury last Sessions at the Old bayley for the County of Middx, and Mr Zeame and Mr Martin and some more of them that took bribes in on Triell, and vilified your honour by saying you was like a Cronk maker^ which made more Noise than anything else, and these men will be upon the Jury at the Checker [Exchequer] this terme, and at the Comon please, where you ought Sir Phillip to take notice of them, for they will only serve to corrupt others, who am your unknown Servant and well wisher, David Collier. Attorney-General to the Earl of GodolpJiiti^ [H. 237,f.95.] 16th July, 1728. My Lord, I had some time since the honour of a letter from the Duke of Newcastle, inclosing one from your Lordship^ concerning Mr Penrose's cause. The great inclination I have to obey your Lordship's and his Grace's commands on every occasion made me extremely desirous to have served your friend, if I could have done it consistently with the rules of our profession. But upon enquiring into the fact, which is of some standing, 1 find that altho' I was for Mr Penrose at the commencement of the suit, which began in 171 5, yet in 1724, after Sir Clement Wearg's being made Solicitor General & chosen member for Helston, he was taken in and I was left out by Mr Penrose's then agent, upon which (as it usually happens in such cases) the other party applied to me, and I have ever since that time been constantly on that side in every motion and step in the cause, without having been left out by them in any one instance. This made it impossible for me to go back, and be concerned for Mr Penrose at the hearing. Notwithstanding which, I have (out of regard to your Lordship's intercession, which does me too much honour), used my utmost endeavours to prevail with ' "Croak, prate, exult over with insult" — Halliwell. 2 Francis, second Earl (1678-1766), Groom of the Stole. ^ II. 58, ff. 6, 8. no A TTORNE Y- GENERA L the other side to consent to my being out of the cause and so that I might not be against Mr Penrose. But Mr Mackworth Praed has insisted in the strongest manner that I, having been deserted by his adversary and engaged on his side, now for almost four years, he has depended on my assistance and neglected other counsel, whom he might have retain'd, and therefore I cannot in justice leave him at the hearing of his cause. I beg your Lordship's pardon for giving you so long a trouble about an affair of very little consequence to either party, but I do it to prevent any misrepresentation of the case and to demonstrate [to] your Lordship that nothing but necessity should have prevented my complying with your recommendation, being ever with the greatest respect and truth,... Attorney-General to the Earl of Go dolphin [H. ■237, f. 99, written by another hand, with Sir P.'s corrections.] July 21st, 1728. My Lord, • I had the honour of your Lordship's of the i8th with Mr Penrose's memorial enclosed^; which is the only occasion of my giving your Lordship this second trouble, for tho', considering the nature of this paper, I should have taken no notice of that alone, yet, as it comes transmitted by your Lordship, you will not wonder if I cannot satisfy myself without endeavouring to justify my conduct to a person of your strict honour, for whom I have the greatest regard. The only material points aimed at in the paper are to shew — That Mr Penrose or his solicitor did not desert me, but I deserted him. That 1 have since given him my word, that I would not be concerned on either side in this cause. That I have been let into the secrets of his cause. The instance produced to prove that I deserted him is, that in Trinity Term 1725, his solicitor attended me with a brief on the petition to the Master of the Rolls about the deeds and writings, and that he was told that the Mackworths had left a brief about two hours before, and his was refused. This fact is entirely mistaken ; for I affirm to your Lordship that no brief was offered to me upon that petition either for ' Ff. 96, 98. COMPETITION FOR HIS SERVICES in Mr Penrose or Mr Mackworth, neither was I of counsel on either side at the hearing of it. I have the Register's minutes now before me; whereby it appears that the only counsel at that hearing were Sir Clement Wearg and Mr Talbot for Mr Penrose and MrCowper and Mr Clive for Mr Mackworth. By this it appears that I was left out by Mr Penrose or his solicitor. The next instance is that on the Appeal from this Order to my Lord Chancellor, a brief was prepared for me, and I refused it. It is impossible for me to say whether a brief was prepared or not, but I am very sure it was never offered to me, and therefore, finding myself neglected in these two instances for the sake of a counsel newly taken into the cause I did, as every Gentleman of the Profession would have done in the like case, and agreeably to every day's practice, accept a brief on the other side. From this time (now above three years ago) I have constantly been of counsel for Mr Mackworth, and I do not remember that Mr Penrose ever apply'd to me again till after Sir Clement Wearg 's deaths As to giving my word to Mr Penrose that I would not be concerned on either side, the truth of the fact is this. In Easter Term last Mr Penrose came to me, and represented his case much in the same light as he has done in this paper, and added that he had briefs to produce which were prepared for me on all those occasions, in which I was said to have been left out. I then told him that, having been so long for Mr Mackworth, I could not now be against him (he having never left me) but, if the case really was as he represented it, I would be out of the cause. This I am sure was the effect of what I then said : but when I had enquired into the fact it appeared to be as I have stated it to your Lordship, and as to the briefs (which were soon after laid before me), not one of them (after that on arguing the plea) appeared to have been ever intended for me ; for they were either endorsed with the name of Mr Solicitor General (Wearg) only, or his name was blotted out and mine interlined over it, but when that was done did not appear. By these circumstances I was fully convinc'd that I had not been well used. As to my being let into the secrets of his cause, I beg leave to ' Sir C. Wearg, Solicitor-General 1724, died 1726. 112 A TTORNE Y- GENERA L assure your Lordship with the greatest truth that, if I knew one secret of Mr Penrose's cause, I would not upon any terms whatso- ever be against him. I hope my character in the Profession is not such as to be thought capable of betraying the secrets of any man's cause to his adversary. But I aver upon my reputation that I know no more of the secrets of his cause than I must necessarily have done, had I been all along of counsel against him, nothing but what appears in the bills and answers which his adversary of course knows, as well as he ; and which any man may know who will search the public records of the Court. It is true that I signed his cross bill, but by that I know no more than any other person who will read over the bill upon the file, for nothing but a draft was laid before me, and I do not remember that any deed or original paper relating to his cause was ever shewn me. As to giving my opinion in writing upon a case stated, there is no secret in that case nor any thing contained in it but what is fully set forth in his bill upon record. But surely the giving an opinion was never thought to be a retainer, or to hinder anyone from being concerned on the other side. It often happens in the beginning of causes of consequence that opinions are taken on different cases stated in writing by both sides from the same counsel. But it never was objected that the counsel who gave such opinions was chargeable with betraying the secrets of one side by being afterwards concerned for the other. By this time your Lordship is sensible how greatly this case is misrepresented in the paper which was put into your hands. And yet I do not accuse Mr Penrose of wilfully misrepresenting the several parts of it, because, I observe, he admits he was out of Town when some of the most material facts happened, and it is possible that his late solicitor (who appears to have been an ill man and is since, as I am inform'd, run away) may have abused and imposed upon us both. I have given myself some trouble in this affair, and, I fear, your Lordship much more, for which I heartily beg pardon and pretend to no other excuse but the ambition I have to preserve your Lordship's good opinion, and to shew that I am always with the most perfect respect. My Lord, Your Lordship's etc. I beg your Lordship's pardon for using another hand. 1 ''THE PROUD'' DUKE OF SOMERSET 113 Duchess of Btickingham^ to the Attorney-General [H. 237, f. 257.] [1725-] Sir, I sent early this morning to enquire how you did after soe great a fatigue as you suffered yesterday, I cannot help ex- pressing this Way how very sensible I am how much you contributed to the success of that Day, and by which S"" you have not only done a private but indeed a publick good, yet had the Event turn'd in Mr Ward's favour, I should never have thought that an entire ill day in which I had an opertunity of hearing soe much Justice exprest with such Eloquence as yours. I am ever S'' Your most humble serv^ K. Buckingham^ /. Cholmondeley'^ to Viscount Malpas* [H. 237, f. 238.] [n. d.] My Lord, As the Attorney General's abilities, integrity and care for his clients are qualities [that] cannot be made up by any other man of his Profession ; I look upon the losing his assistance in my cause as so great a misfortune that I cannot forbear being to the last importunate upon so very material a point, which I really regard almost as the fate of my cause. I am convinced many whose rank and figure in the world much more deserve his regard than mine can pretend to, must have applied to so great a man and have been refused, since he left that Court' ; but I am apt to flatter myself that my case may appear so different from the rest that it cannot be resented in case he should appear for me; because in 1728 (about Deer) he was so kind to accept a retainer and promise to attend, unless the Crown business or some other more immediate affairs prevented him ; and the encouragement I had to hope for that, has made me lose a good advocate (Mr. Reeves), tho' while I hoped for the Attorney General I did not think of him, and he was engaged against me before I came up last year. There is another argument 1 hope he ' Katherine, widow of John Sheffield, first Duke . personal] punishment as in the cases of wilful perjury, and likewise lose five times the value so won." In the present case it was complained that the defendant won from the pro- secutor Perkins "at a game on the cards called Pickett at one time above the sum of ^10, viz. iJ^420, by drawing him in to Bet on the side of Mr Warren, who played against the defendant," and an infor- mation was sought against the latter and obtained from the Court. The Lord Chief Justice: "This statute has slept, I think ever since it was made, but I am glad to find that people now begin to awake and to give it its due influence; and because I apprehend that persons have been deterred from putting this act into force from a false notion of honour, which has hitherto got the better of the law, I will take this opportunity to declare that the greatest honour is to comply with the laws and to seek after such remedies as it recommends and approves of" He added : " Although it appears that the Petitioner is likewise a gamester himself, yet that does not alter the case, and I am glad to find they are falling out among themselves, by which I hope this trade, which is now supported on false notions of honour, will soon be destroyed^." 1 Annaly, 358; cf. Barker v. Dixie, in which he declared illegal the evidence of a wife for or against her husband, in order "to preserve the peace of families." H. 658, f. 33; Annaly, 264; Gen(. Mag. (1736), 354. 2 See chap. xx. 3 n. 653, f. 52; also in Lord Hardwicke's Note-Book, H. 693, ff. 70 B, 80, and I RICHARD SAVAGE 127 The state of public morality, the condition of society and of family life and the domestic policy of the country were con- siderations present frequently in his mind in giving judgments, and had some influence upon it, whenever the law was not already fixed or precedents were not conclusive. In the case of the King V. Robarts, Michaelmas 1734, the defendant had published a paragraph in a newspaper relating to a proceeding in the King's Bench and accusing the Recorder of Warwick of falsifying entries in the public records. Lord Hardwicke pronounced this a libel and said that it was not necessary to determine whether it reflected on public administration or not. A libel against a private person was criminal and properly punishable by a criminal information. He added : " It is incumbent on the Court to take care that if newswriters will take upon them to publish the proceedings of the Court, they do it with respect to truth and not to gratify any particular turn ; otherwise the determination here would be only made handles for men to abuse their neighbours with... AH libels in the eye of the law tend to a breach of the peace, as they may incite the party injured to redress himself by his own hands without applying for a legal remedy ^" About the year 1735 or 1736, the poet Richard Savage was prosecuted before the King's Bench on a charge of obscenity, contained in a poem called The Progress of a Divine, published in 1735. A dispute, which attracted great attention in society, had arisen between Lord Chancellor Talbot and Edmund Gibson, Bishop of London, concerning the appointment to the See of Gloucester, and in his poem Savage, taking the side of the former, described the career of a "profligate priest" in his rise to "the highest preferments," and insinuated that to such men the patronage of the Bishop of London was extended. Lord Hardwicke, however, H. 694, f. 22 n; Statutes at Large, xii. 177; for further proceedings in this case, H. 653, f. 98. The act was subsequently enforced ; see Wade, British Chronology, June 4, 1742. ' H. 656, f. 2; Cunningham, 94; see also H. 658, f. 104, and Aiinaly, 339, Carpenter V. Farrant, where Lord Hardwicke appears by no means inclined to restrict libel in cases between private persons, and see in Wilkes' case lielow, chap, xxxii. For other cases of special interest see Rex v. Burridge, 1735, in which a long and closely reasoned judgment upon the responsibility of a person who had assisted the escape of a felon was delivered by Lord Hardwicke, Sessions Cases, ii. 264; 3 Peere Williams (4th ed.), 439-504, printed verbatim from H. 851, f. 237, H. 653, f. 34; Wallace's Reporters, 312; and Rex V. Francis, H. 657, f. 12; Annaly, 113; Cunningham, 165; 2 Strange, 1015; H. 653, f. 74; H. 851, f. 288. The long and well-reasoned judgment in A'ent v. A'ent, an appeal from the King's Bench in Ireland, may also be specially noticed, H. 851, fl. 81-91 ; also Leach, vii. 187; Annaly, 50; Cunningham, 44; 2 .Strange, 971. 128 LORD CHIEF JUSTICE though he could have had no sympathy with the theme, acquitted the prisoner on the ground that the passages objected to were not written for the encouragement, but for the discouragement, of vice\ It was, perhaps, on this occasion that Savage wrote the Hnes with which he inaugurates his poem to " A Character." "Fair Truth, in courts where Justice should preside Alike the Judge and advocate would guide; And these would vie each dubious point to clear To stop the widow's and the orphan's tear ; Were all, like Yorke, of delicate address, Strength to discuss and sweetness to express, Learn'd, just, polite, born every heart to gain, Like Cummins^ mild, like Fortescue'^ humane, All-eloquent of truth, divinely known So deep, so clear, all science is his own." The force of the eulogy may, however, be thought a little impaired by the fact that the verses were written to celebrate one judge who had exonerated the writer from the charge of obscenity and to vilify another, Sir Francis Page, who had condemned him for murder. The vast sums raised by taxation for the maintenance of paupers and vagrants and the ill manner in which they were employed, together with the waste of money in litigation in settlement cases were frequently the subject of Lord Hardwicke's observations^ In one of these, Rex v. Inhabitants of Preston^ 173^) the Chief Justice discussed the question of the appeal in criminal cases which has now recently — with what wisdom remains to be seen — been conceded. He pointed out that in many instances the prisoner on trial for a criminal offence had not the same advantages as the defendant in cases which only concerned property, a dis- tinction which, though it appeared unjust, was necessary in order to execute the law. " This sounds very harsh but... I daresay that nobody had any apprehension that a bill of exceptions would lie in a capital case. If it could, we should have it from every prisoner at the Old Bailey, and very few criminals would have ^ According to Johnson, Lord H. dismissed the case " with encomiums upon the purity and excellence of Mr Savage's writings," Life of Savage. But no account of the trial appears elsewhere ; it is not in the printed legal reports or among Lord Hardwicke's notebooks or MSS., or in the Dogget Book K.B. crown side, or in the Gent. Mag., and it is not improbaljle tliat Lord II. 's "■encomiiuns" were an idle boast of Savage, too easily credited by Johnson. ^ Sir John Comyns, Justice of the Common Pleas, and in 1738 Chief Baron of the Exchequer, d. 1740. 3 William Fortescue (1687-1749); Justice of the Common Pleas 1738 and M. R. 1741. •• J\ex v. Htx, IL 6.S3, f. 46 B. CERTAINTY IN THE LAW 129 failed to attempt it for the sake of the delay with which it would be attended." He took the point to be settled, while at the same time, he knew of no case in which it had been judicially decided, and recalled one, that of Mist for libel, in which he had himself been counsel, when, to avoid a decision, he had agreed to the withdrawal of a juror^ One of the most essential attributes of the law, in Lord Hardwicke's view, was certainty, without which law could only be a fluctuating opinion, incapable of inspiring respect or exacting obedience. Hence the extreme value of precedents, not only of decisions but of practice, and the great peril involved in over- setting them, even when they appeared to fail in satisfying the reason in individual cases. In Shergold v. Holhvay, a case in which a magistrate had issued a warrant to compel payment of wages, he said : "If this point stood singly on the words of the statute 5 Elizabeth and it was res integra, I should much doubt whether the Justice of Peace, even at their Sessions, has any such power But so long and a continued practice of the Justices to exercise this power and without any resolution to the contrary, but a general allowance thereof, must now be taken to be a kind of exposition of the act ; and should [it] be now determined [to] the contrary, it would overturn a multitude of cases which have been already determined... ; therefore it is now too late to doubt but that a single Justice of the Peace has no [i.e. has] power to enforce the payment of wages-." It was equally essential that different judges in different courts should not pronounce discordant and varying opinions. " It is remarkable," writes Daines Harrington, " in the Reports of cases determined soon after the Revolution that the judges continually differed in opinion''." An example of this kind occurred in Lumley v. Palmer^, an action against an acceptor of a bill of exchange, the acceptance having been only a verbal one. It was tried before Lord Hardwicke at the Guildhall, who declared the verbal acceptance good. Subsequently, however. Chief Justice Eyre of the Common Pleas, having lately given a contrary ruling ' Burrow, Decisions on Settlement Cases, i. 80; Sessions Cases, ii. 254; 2 Slr.ingc, iO-(0; also Stt'ijlien, //ist. 0/ the Criminal Laiv, i. 308. ^ H. 653, f. 4H; 2 Strange, 1002; Sessions Cases, ii. 100; ^%o Rex v. Lloyd, II. 851, f. 26; Cunningham, 84, 133; 2 Barnardiston, 302, 310, 338, 466; 2 Strange, 996. ^ Observations on the .Statutes, 558 note. * Strange, 1000; 7 Leacli, 2r6; Aniialy, 74; Cunningham, 136; Kidgcw.iy, 72; II. 680, f. 86; H. 691, f. 49; II. 692, ff. 47, 59. I30 LORD CHIEF JUSTICE in Rex v. Meggott, a new trial was moved for in the King-'s Bench, when the judgment of Lord Hardwicke was confirmed. " It was much to be wished," he said, that "the Courts of Westminster Hall were more uniform in their resolutions, especially in cases which occur so often and which are of such universal concern " ; and he afterwards informed the Court that he had spoken privately with Chief Justice Eyre, and that the latter had changed his opinion and agreed with the judgment. It was extremely rare that an appeal was made from his own decisions. In one case, that of King v. Gibson at the Guildhall Sessions, in which Lord Hardwicke had convicted the prisoner of forgery, a new trial was moved for in the King's Bench, but the Chief Justice having given reasons for his judgment, leave was refused ^ There is no record of the reversal of any one of his judgments. In the case of Kynaston v. Mayor etc. of Shrewsbury, which came several times before the Court during the years 1734-7, and in which the judgment of the King's Bench, which he pronounced, was set aside by the House of Lords, his opinion was not overruled but followed. The plaintiff had obtained a verdict against the Mayor and other officials of Shrewsbury for depriving him in an irregular manner of his aldermanship, but the jury, having through his own neglect omitted to inquire into the question of damages, there could be no judgment for them. The plaintiff sought to remedy the defect by a writ of inquiry, which was refused by Lord Hardwicke, who pointed out that the proper procedure must be by appeal for a fresh trial. This was ac- cordingly done, and the House of Lords supplied the remedy, setting aside the former judgment and ordering a writ of venire facias de novo"^. Besides the judicial duties attached to his great office, as supreme judge of the Common Law in the King's Bench, the Chief Justice, in addition to hearing appeals in the House of Lords with the Lord Chancellor and occasional sittings in Courts such as that of the Duchy of Lancaster^ was called upon to preside at the Guildhall Sessions. Some important cases came before him there, such as that of Spencer v. Franco, in which the difficult question of the actual date of the beginning and end of a war had to be considered ^ ' 7 Leach, 205. ^ 7 Leach, 201; 2 Strange, 1051 ; Annaly, 147, 295, 377; 2 Barnardiston, 394; and for a further stage, Andrews, 85, 104. ^ Gent. Mag. (1735), 330. ■* H. 696, f. 26; panted in Harris, i. 328. REPRESSION OF CRIME 131 But often the matters of dispute were trivial in character. There is a long distance to be travelled for instance between Middlcton V. Croft and Mercer v. Roberts, at the Guildhall Sessions in 1734. The latter case arose out of a contention between two persons concerning their skill in arithmetic, when one Harvey " laid " the plaintiff four guineas that he did not resolve this question : "If ^\d. was divided between 10 men, what each man's share would come to." In the event, the defendant, the holder of the stakes, refused to hand over the money to the successful mathematician on the ground apparently that it was impossible to prove the accuracy of his calculations, and hence the appeal to the law^ A great part of the Chief Justice's attention was occupied with criminal business, both in London and on circuit. This was a period marked by great popular excesses, by a defiance of authority, and by a general outbreak of crimes of violence and brutality, which gave considerable cause for anxiety to the government. Serious disturbances broke out in 1736 in consequence of the "Gin Act." In the same year there was a dangerous riot at Spitalfields, owing to the immigration of Irish harvesters ; and in the west there were popular risings to prevent the exportation of corn. At Edinburgh Captain Porteous was murdered by the people amidst great tumults and disorder, while the authorities were powerless to protect him^ The Common Law, as it stood after the Revolution, was quite insufficient to cope with the various kinds of lawlessness and attacks upon property, which became more prominent as the trade and prosperity of the country increased'' ; and to deal with the necessities of the moment, statute after statute was passed by the legislature, adding to the list of felonies and increasing the severity of the punishments. According to Blackstone, no less than 160 offences were declared by Act of Parliament to be felonies'*. Sheep stealing was made a felony without benefit of clergy in 1741 and 1742, forgery by several statutes of George IPs reign, fraudulent bankruptcy in 1732, and by 6 George II, c. 27, death was decreed for maliciously cutting hopbinds^ ' H.680, f. 114. - Coxu's Walpole, iii. 348, 358, 360; Pari. Hist. \v.. 1281; Loid llcrvcy's Memoirs, ii. 308; and licluvv, p. 152. •'* Stephen, Hist. 0/ Criminal Law, i. 468 sqq. ; ii. 21^1; iii. 181;, 230. ■• Coinm. iv. 18. •'' Slepiicn, iii. 191. In 1741 a man was [jicsscd to dcalli lor refusing to jiUaii, but this was proljably the last instance of the inlliction of this penally. In 1735 a woman was burnt alive for jioisoning lier husljand {Goil. Mag. v. 49S). A case of witchcraft 132 LORD CHIEF JUSTICE But, as Sir James Stephen has pointed out, the large number of offences created is alone no proper test of the harshness of the law. In practice its severity was greatly mitigated. The death penalty was seldom inflicted, but was generally exchanged for one of transportation \ though the punishment for what would now per- haps be considered lesser crimes remained exceedingly severe. Lord Hardwicke, for instance, on one occasion sentencing a man to seven years' transportation for stealing a cow worth 40 shillings'^. Moreover, the fact that single offences were added to the list one by one, and that there was no general and sweeping extension of the criminal code, shows that the administration did not incline to wanton cruelty or tyranny, but was driven to adopt the only measures at that time in its power for the repression of outrage and lawlessness. The punishment of crime had scarcely been considered as a whole in all its bearings, moral and social, or with regard to its ultimate and more important consequences. While, however, the crudity of the criminal law and the brutality of its punishments must shock modern sentiment, it must be remem- bered that it was largely with brutes that the law had then to deal, and with those who could not be deterred from committing their brutal crimes but by punishments appealing to their brutal nature. The lenient and discriminating criminal code of our own days would not have availed in those rough times to suppress the general spirit of brutality and violence. An illustration of this spirit is afforded by a case which came before Lord Hardwicke on July 5, 1736-', when two men. Bay lis and Reynolds, having been implicated in a turnpike riot and having incurred the penalties of the Black Act, were found guilty and condemned to death. Baylis was respited, but the following frightful details concerning the execution of the other are related in the Gentleman's Magazine, without a word of horror, indignation or even comment-*. "Monday 26th [July 1736] one, Reynolds,... was hanged at Tyburn. He was cut down by the executioner as usual, but as the coffin was fastening, he thrust back the lid, upon which tiie came before Lord H. in 1734 at Buckingham (H. 689, f. i, printed in Harris, i. 281), but witchcraft ceased to be a felony in 1736, while he was still Chief Justice. 1 Stephen, i. 471, and Fitzsimmons, Free and Candid Disquisitions on the Laws (1751), 41, " No instance, I believe, can be produced, at least of late years, where any man has actually suffered at Tyburn for the first offence, except in case of Murder." 2 H. 688, f. 10. * Annaly, 291 ; II. 658, f. 57 B, and H.'s notebook, H. 687, f. 64. •* vi. 422, and see passim in further years in the Mag., where abound accounts of crimes of violence. FOUNDATIONS OF SOCIAL ORDER 133 executioner would have tied him up again, but the mob prevented it, and carried him to a house where he vomited three pints of blood, but on giving him a glass of wine, he died." Often, too, the victims of the severities of the law themselves displayed on the scaffold an indifference which seems to us strange and unaccountable- The little importance attached to human life and human suffering must be regarded therefore not as a sign of the brutality of the law but of the general spirit and civilization of the period. In our own more fortunate and settled times the sense of security is so complete that the more brutal crimes can now be viewed without fear, as incidents of curious and dramatic interest only, much in the same way that rugged and mountainous scenery, which for travellers of the i8th century presented only terrors, now affords enjoyment as picturesque and romantic. But one cannot read far into the records of these times without being con- vinced that the preservation of life and property and the suppression of disorder and violence among the populace were the principal and most important tasks which confronted the Hanoverian statesmen ; and it is one of their chief glories that now were firmly laid the strong foundations of social order upon which in after years was built the great edifice of empire and progressive well-being. Besides, however, repressive legislation, such as we have been considering other measures were taken by the administration to raise the condition of the people. In 1736, the "Gin Act," pro- hibiting altogether the consumption of the spirit, largely at that time responsible for the vice and degradation of the lower orders^ became law, through the efforts of Sir Joseph Jekyll, the Master of the Rolls. Its good effects, however, were rendered nugatory by evasion, while the author of the enactment had to be guarded in his house by a force of soldiers against the fury of the mob-. On July 14, 1735, a proclamation was issued for putting in force the laws against acts of violence and robbery in the streets of London, increasing the rewards for apprehending offenders and offering pardons to informers' ; and in later years, the prevalence of crime and the general insecurity in the metropolis continued to occupy 1 E.]^. " We hear that a strong-water shop was lately opened in Southwark with this inscription on the sifjn : Drunk for a \d.. Dead drunk for 2d., Clean straw for nothin}^," quoted by T. Wright, England tanier the House oj Hanm'er, i. 159, from the Old IVhig, February 26, 1736. 2 Lord llervey's Memoirs, ii. 314. ^ Gent. Mag. v. 386. 134 LORD CHIEF JUSTICE Lord Hardwicke's attention and was the subject of a correspond- ence with Henry Fielding, the novehst, justice of the peace for Westminster and chairman of the Quarter Sessions^ The lawless condition also of the country was brought forcibly to the notice of the Chief Justice as judge on circuits The county of Cornwall seems to have been for some time in a state of great disorder. Frequent riots occurred, and the country gentry and magistrates became alarmed at the growing power of the mob and disinclined to confront the increasing spirit of turbulence. In June 1734, a certain Henry Rogers and John Street resisted by armed force their expulsion from the possession of a house and estate, allotted by a decree of the Chancellor to another person. A large mob assembled ; the officers of the law and the soldiers were resisted and fired upon, and three men were killed before the disturbers of the peace were overpowered. The affair was con- sidered one of great gravity in the county and by the government, and Lord Hardwicke may have purposely chosen this circuit in consequence. The offenders were both tried before him, found guilty of murder, and afterwards executed ; while the firmness he displayed, together with an exceptional leniency in the conduct of the trial towards the prisoners, made a great impression ^ It was on such occasions, when the majesty of the law needed to be up- held and the gloomy influences of crime and anarchy repelled and destroyed, that Lord Hardwicke especially excelled. His speech on passing sentence of death affected greatly those that heard it, and the charge, which he delivered to the grand jury previous to the trial, put new courage into the hearts of the magistrates. The following appears to be a fragment of what he said on the occasion^ : " Of the truth of this observation, and of the pernicious consequences of lawless force, you of this country have lately had a flagrant but an instructive instance, in that you have seen from what small springs a torrent of violence may arise. How people, once engaged in such practices, go on from invading the property to taking away the lives of their fellow-subjects ; and from an * See chap. xx. Corr. Nov. 23 and 25, 1750, and II. 242, f. 34. 2 Notes of cases tried on circuit, H. 688-9 a^^d H. 695. Notes of Sessions in London and Middlesex, II. 681-6 and II. 696. ^ pp. 152 sqq. Notes of this case printed in Harris, i. 297 ; Pari. Hist. ix. 1298. * Endorsed by H. "Cornwall 1735" and marked in his writing, "go on at the bottom of page 6" and annotated by the second Lord H. — "An addition which appears to have been made to a charge delivered by Lord Hardwicke, Chief Justice, when on the Western Circuit in 1735." i CHARGES TO THE GRAND JURY 135 obstinate, contemptuous opposition to the regular decisions of the ordinary Courts of Justice, they advance almost to open Rebellion. The honourable and indefatigable endeavours of the Gentlemen of this County to reform and suppress such daring outrages cannot be sufficiently commended and must always be remembered highly to their honour. And happy it is that those endeavours, enforced by the seasonable and gracious assistance of his Majesty, had the desired effect. To consider this affair in its full extent, it ought on the one hand to be looked upon as a strong proof that the King will make use of the extraordinary^ as well as the ordinary powers of his Government, only for the protection and security of his people ; and on the other hand, that the Gentlemen of England will unite in the support of the Laws, and of legal well-established government, against all attempts of any kind whatsoever to intro- duce disorder and confusion." In a charge to the grand jury on another occasion, after pro- nouncing an eulogy on the present happy constitution and laws of England, and dwelling upon the high nature of the duties of the grand jury, he proceeded to enumerate the new Acts passed for the suppression of outrage and lawlessness, such as the " Black Act," which made it a felony to go armed and disguised and to demand with threats, the Acts against forgery, against assault and robbery, against smuggling and against the destruction of turn- pikes, an offence which had grown to intolerable lengths and which threatened a general license. But laws, he insisted, however good and wisely enacted, could avail nothing, unless properly and vigorously executed. "...It has been justly said that it is in mercy to the innocent that the guilty are punished ; for there is, on the one hand, as much benevolence to the virtuous and orderly part of mankind in bringing criminals to justice, as there is severity on the other hand towards the offenders. " The degeneracy of the present times, fruitful in the inventions of wickedness, hath produced many new laws necessary for the present state and condition of things and to suppress mischiefs, which were growing frequent amongst us^" Violation of the law and brutality, when perpetrated by in- fluential persons and those in authority, met equally with punish- ment at his hands. At the Norfolk Assizes, on the Chief Justice's ' Allusion to the calling in of llic military forces to quell the disturbance. ^ II. 767, ff. 75, lot. 136 LORD CHIEF JUSTICE first circuit, August 7, 1734, William Brown, the Mayor of Great Yarmouth, Samuel Artis, an officer, and Peter Master, the Keeper of the Bridewell, political supporters of Sir Robert Walpole, were all brought before him on a charge of having assaulted, whipped and imprisoned one John Darby, a member of the other faction, who, the defendants declared, had been active in creating a riot at the time of the elections. A verdict of £\^ was given for the plaintiff, and the affair, from its political character, the position of the defendants and the connection of the accused with the minister, created some sensation \ The old Duchess of Marlborough, who was on very friendly terms with Lord and Lady Hardwicke, but who had quarrelled with Sir Robert Walpole because she was not allowed to drive in St James's Park, writes to Lord Marchmont concerning this case on August 23rd : " I had an account lately which I will write, because I do not think it is printed, that my Lord Chief Justice Hardwicke has got great credit in his circuit to Norwich. There was a Yarmouth man, in the interest of Sir Edmund Bacon-, who, upon pretence of a riot at the entry of the courtiers, the Mayor ordered to be whipped. This man brought his action, and my Lord Hardwicke said it was very illegal and arbitrary, and directed the jury to find for him, which they did, and gave damages, tho' the foreman of the jury had married Sir Charles Turner's daughter, who I take to be a near relation of Sir Robert's. I do not think this made the poor man amends, who was whipped wrongfully ; for I would have had those that occa- sioned the whipping doubly whipped themselves. But I suppose the judge could go no further, and I liked it, because my Lord Hardwicke is a great man ; and I hope from this action, as well as from his independency, that he will have some regard to the proceedings in Scotland when represented I" Lord Hardwicke's firmness, however, in executing the laws against the disturbers of public order did not incline him to strain its power over the subject in offences against the Crown. The scrupulous fairness with which he had conducted the trial of the Cornwall rioters had already been the subject of comment, and another instance of his moderation and equity was afforded by the case of the King v. Sutton in 1737. The prisoner had already been found guilty before him at the Northampton Assizes for having ' H. 689, f. 33, printed in Harris, i. ^85. 2 Returned M.P. for Thetford. ^ Marchmont Papers, ii. 37. Sir Thilip had been consulted by the Duchess in 172 in one of her disputes and had given an opinion in her favour (H. 505, ff. 3-9), EXPLOSION IN WESTMINSTER HALL 137 in his possession instruments for coining. Coining was a treason- able offence, but the Chief Justice, doubting whether the mere possession of such instruments, without proof of their use, was indictable, caused the case to be brought before him again, sitting with all the judges in the King's Bench. In the event, the prisoner was unanimously found guilty, but awarded only a slight penalty, a fine of 6s. 8d., further imprisonment of six months and the pillory^ Not only were outrage and lawlessness rife in the streets of London and in the provinces, but on July 14, 1736, the Law was actually defied in Westminster Hall, in its very sanctuary, while the Courts were sitting and the judges were dispensing justice. " All on a sudden," says Lord Hervey, " at the corner of the court of Chancery, there was such a loud report from a discharge of gunpowder that the whole Hall was in a moment in the utmost confusion ; and everybody concluding it was a plot to blow up the Hall, the judges started from the benches, the lawyers were all running over one another's backs to make their escape, some losing part of their gowns, others their periwigs, in the scuffle, and such an uproar it occasioned that nobody thought his own life was safe or knew how it came to be in danger^" The incident is thus recorded by Lord Hardwicke in his note- book in words which still vibrate with the indignation caused. Lord Hervey declares maliciously, not only by " the affront and insult offered to the courts of justice, but by the ridicule the lawyers had incurred." "July 14th 1736. On this day, being the last day of the term, a most impudent and audacious act of sedition was perpetrated in Westminster Hall. About the hour of two, the Hall being then fullest of people, a parcel or packet containing several papers, and some sheets of several acts of parliament, and likewise a quantity of gunpowder, was laid on the step which runs along on the out- side of the Chancery Bar; and being observed to smoke, was thrown from thence upon the landing place of the stairs which ascend to the Courts of Chancery and King's Bench, where it fired and blew up, both these Courts as well as the Common Pleas, being then sitting. The Hall was instantly filled with smoke, and at that instant, either by means of the explosion of the gunpowder, or by being dropped during the hurry and ' Strange, 1074; Annaly, ^jo. ^ Memoirs, ii. 311. 138 LORD CHIEF JUSTICE confusion, or most probably by both these ways, were dispersed great numbers of seditious libels in the words and figures following: "' Wednesday, July 14th 1736. " ' By a general consent of the citizens and tradesmen of London, Westminster and the Borough of Southwark, this being the last day of term, were publicly burnt between the hours of twelve and two at the Royal Exchange, Cornhill, at Westminster Hall (the Court then sitting), and at Margarets Hill, Southwark, as destructive of the product, trade & manufactures of this Kingdom, and the plantations thereunto belonging, and tending to the utter subversion of the liberties and properties thereof, the five following finished books or libels, called acts of Parliament, viz.: — i. An Act to prohibit the sale of distilled spiritual liquors etc. 2. An Act entirely to extinguish the small remains of charity yet sub- sisting amongst us. 3. An Act to prevent carriages and passengers coming over London Bridge, to the great detriment of the trade and commerce of the City of London and the Borough of Southwark. 4. An Act to seize all innocent gentlemen travelling with arms for their own defence, called the Smugglers Act. 5. An Act to enable a foreign Prince to borrow ^"600,000 of money sacredly appropriated to the payment of our debts ^ '"GOD SAVE THE KING.'" — "...As soon as this infamous paper was brought into the King's Bench," writes the Duke of Newcastle to the elder Horace Walpole, at Hanover with the King, " Lord Hardwicke [with whose 'presence of mind and spirit ' on this occasion the King was much pleased] stopped the business, and told them that there was an afifair of much greater consequence than the common business of the court, which required their attention. He then read the paper himself in open court and expressed the highest resentment and detestation of such an insult on the King and whole legislature, which his Lord- ship was of opinion came very nigh high treason.... Lord Hardwicke took that occasion to go through the several acts of Parliament mentioned in the paper to show the reasonableness and necessity of them, and in the strongest manner to direct the several justices of the peace and magistrates to enforce the execution of them and to use their utmost endeavours to discover and bring to punishment the authors and contrivers of this wicked and abominable insultV — Continuing the Lord Chief Justice's own narrative: "Several ^ Allusions respectively to the Gin Act (see above, p. 133), the Mortmain Act (see below, p. 148), the Westminster Hridge Act, the Smugglers' Act (p. 151), and the Act for borrowing ;^6oo,ooo on the Sinking Fund. * Code's Mem. of Sir R. Walpole, iii. 347; H. 58, f. 16. JUDICIAL INDEPENDENCE 139 of these papers being brought into the Court of B. R. [King's Bench] I directed the persons, who produced them, to go immedi- ately before the Grand Jury of Middlesex, then sitting, to exhibit some of the libels to them, and make oath of the manner and circumstances of their being published and found, to the end that the Grand Jury might make a proper presentment to the Court of the authors and actors in this unparalleled piece of sedition and contempt, if found, or, if not found, a general presentment of the fact. In less than an hour afterwards, the Grand Jury unanimously brought into Court in writing signed by them, a presentment of the said printed paper as a wicked, false, infamous and scandalous libel, highly reflecting on His Majesty and the legislative power of this Kingdom, and tending very much to alienate, poison and disturb the minds of His Majesty's subjects ; and did also present the author, printer and publisher, of the said wicked, false, infamous and scandalous libel as guilty of a very high crime and misdemeanour, and did request the Court to give directions to the proper officers to make strict search and enquiry after the said author, printer and publisher of the said wicked, false, infamous and scandalous libel and to give directions to such officers effectually to prosecute the author, printer and publisher thereof, in order that they might be brought to condign punishment for so great an offence. " After this presentment had been read, I made a short speech to the Grand Jury, approving and commending their justice and zeal on this occasion ; setting forth the heinousness of the crime ; and expressing the indignation of the Court at such an instance of sedition and contempt ; concluding with a direction to the Justices of the Peace, and proper officers to endeavour to find out, and bring to condign punishment the persons concerned therein. "On the i6th of July, the Queen, being then guardian of the realm, in the King's absence, did, with the advice of the Privy Council, publish a proclamation, entitled A Proclamation for discovering the persons concerned in a wicked and audacious outrage committed in Westminster Hall during the sitting of His Majesty's Courts upon the 14th of this instant July, and the author, printer and publishers of a false, malicious and treasonable libel then and there dispersed. Hereby ;^200 reward was offered for every one of the offenders who should be discovered and convicted'." Sir Robert Walpole, writing to his brother under the influence of the panic occasioned, declared "there is no rea.son to doubt but ' ll.r.94, f. 30. I40 LORD CHIEF JUSTICE the whole was projected and executed by a set of low Jacobites, who talked of setting fire to the gallery built for the marriage of the princess royal, by a preparation which they call a phosphorus that takes fire from the air." In reality, however, the perpetrator of the offence was one Nixon, a crazy non-juring clergyman, who had acted apparently on his own responsibility and unconnected with any political faction, and who was almost immediately dis- covered. He was sentenced on the following February loth by Lord Hardwicke to make a tour of all the Courts in Westminster Hall with a paper on his forehead declaring his offence, to pay a fine of 200 marks, suffer five years' imprisonment and find bail for future good conducts Any attempt to encroach upon the independence or dignity of his office, to which Lord Hardwicke was extremely sensitive, was always immediately repelled or punished. By foreigners, in general accustomed to the rule of a despotic executive in every sphere of government, the status and authority of the English judges and the sanctity of English law were not readily comprehended. Thus on January 4, 1737, Lord Hardwicke replies to a Monsieur de la Touche, of Paris who, ignorant of the procedure of English law, demanded from the Chief Justice the restitution of his wife from the Duke of Kingston : " The duty of my office and the public and impartial method of administering justice, established in Eng- land, forbids me as a judge to give an answer to any private application made to me either personally or by letter^." In October 1736, he had occasion to enforce the due execution of the law against the pretensions of the Portuguese Ambassador, on one of whose servants he had issued a warrant for a murderous assault, and who had ill-treated and imprisoned his tipstaff and taken away the warrant which he had sent to the Duke of Newcastle, at the same time using words of contempt against the Lord Chief Justice. Lord Hardwicke, in replying to the Duke's inquiries, denied the Ambassador's privilege under the Statute 7 Anne which related only to debt, and severely censured the Ambassador's interference with the warrant. He took care to address his letter not to the Secretary of State but to the Duke of Newcastle only, and pro- ceeded : " I put in this claim on behalf of all the judges and their successors, whose duty it is, according to their oaths, to issue process and warrants ex debito justiti<2 without knowing the circumstances of particular persons or cases; and, when they have done this, they 1 Gent. Mag. (1736), vi. 398, 421, 747; (1737), vii. 121. * jj. 238, ff. 1-3. LAWYERS THE GUARDIANS OF LIBERTY 141 are not to answer for it in an extra-judicial way, but their acts are to be examined only in the ordinary course of law. However meanly," he continued, " any person may think of me, I am (tho' very unworthily) the King of Great Britain's Chief Magistrate for criminal causes ; and I will not suffer that authority with which his Majesty has entrusted me to be trampled upon within his Kingdom, without exerting the utmost vigour of the law to vindicate it\" While he was still Chief Justice, on June 5, 1736, Lord Hard- wicke presided at the time-honoured ceremony, which proved to be the last, of the presentation of the new Serjeants for their degree in the Middle Temple Hall-. His speech, which dealt with the high calling of the members of the Bar and on the relations which ought to exist between the Bar and the Bench, was one worthy of the occasion. After dwelling on the gratitude and affection which the new Serjeants owed to the King for their promotion, he pronounced an eulogy on the Common Law and then on the legal profession itself : " It is a Profession of the highest importance to the preserva- tion of the true balance of our excellent Constitution and to the administration of public Justice. Look back into the history of this country in all ages, and every period of it will furnish you with abundant evidence of this truth. Have the liberties of the people been at any time in danger from encroachments of the Crown ? The professors of the Common Law have stood in the gap, and been the most zealous, as well as the most able Champions of public liberty. Hath the just Prerogative — the lawful power of the Crown — been at any time attack'd by faction or popular fury? The professors of this Law, whose education and studies instruct them how necessary this legal Prerogative is to the peace and good order of the Kingdom, and to the regular enjoyment of property itself, have been found the most strenuous and rational asserters of it. By such measures as these this Profession hath maintained its credit and weight in the Nation." He congratulated his hearers on the happy condition of the kingdom owing to which such personal trials of conduct were now unnecessary, and passed on to their official duties. They were to consider themselves as " some of the principal ministers of the Justice of the Kingdom. Courts of Judicature can ' N. 5, ff. 176, 178. * 11. 646, f. 177 ; 11. 767, ff. 93, 97. For an account of the ceremony and Lord 11. 's speech and the banquet which followed, see E. Wynne's Miscellany (1765), 327 sqq., and W. Downing, Observations on the Middle Temple (Hopwood), 224. The Lord Chief Justice received ^^500 for the use of Serjeants Inn, 14 rings of i9>s. weight "besides fashion," and 45 bottles of sack and claret of the value of ;^y. ^s. id., as well as 15 pa|)ers of biscuits, costing 15J. 142 LORD CHIEF JUSTICE determine causes only upon what is laid before them, and Counsel are the hands to prepare and exhibit the proper materials to them in a regular and orderly light." On another occasion in Court he had said : " Good pleading is nothing else but good logic and therefore it is not sufficient that the party lay down proper premises, but he must also draw such a conclusion from them as by it to show the Court what use he pretends to make of them\" Such a conception of their duties, it may be observed, added much to the responsibility of counsel and to the dignity of the Bar, and it is worth noting that it is one not universally held by the judges and leaders of the profession. Lord Eldon, for instance, thought otherwise ; he con- sidered himself bound not to trust to counsel in preparation of the case but to make independent investigation ; he did not place the complete confidence in the Bar which the maxim here implies, and it is said, and it may well be true, that this was one of the causes of the great delays in his time-. Lord Hardwicke next proceeded to give advice concerning the commencement of suits which he declared to be " a weighty and important trust of great difficulty. It requires much skill and much conscientiousness. Here the client's proper remedy for his right, and his just defence against wrong are to be maturely con- sidered and pointed out to him ; and here oppressive or groundless suits, as well as unjustifiable and obstinate defences, are to be with- stood and crushed in the birth. The surest rule to walk by in this part of your practice is, to give no opinion upon a case stated by a client but such, as upon the like case made out by proofs, you would give as judges upon your oaths. " The other part, concerning the carrying on and defending of suits, requires the virtues of Courage, Fidelity and Candour. In discharging this article of your duty, nothing can be more beneficial to the suitors than the cutting off and avoiding delays. It is the saying of a noble and admired writer of our own Profession, that as injustice makes judgment bitter, so delay makes it sour^ And here one essential point occurs, which is to save and prevent, as much as possible, expense to the parties.... Under this head there is nothing whereby you will gain more solid reputation to yourselves, or do greater honour to your Profession than discouraging and repressing frivolous and vexatious suits. They are the disgrace of .« ' ^ In Turner \. Cordwell, H. 656, f. 15. 2 See chap. xxvi. ; Campliell, vii. 628 ; Quarterly Review, xliv. 102. ^ Bacon, Essays, Ivi. "Of Judicature." THE SEAT OF JUSTICE A HALLOWED PLACE 143 the Law, and bring the greatest obloquy upon it. They give colour to clamour, and furnish opportunities to men watchful to lay hold of advantages against this honourable Profession. In order to this it is your duty to discountenance to the utmost all Attorneys and Solicitors, whom you observe to foment and stir up such causes ; and on the other hand, to give all possible encouragement and credit to such as hold the contrary conduct. " It was wisely said, as you have all read, that the Seat of Justice is a hallowed Place, and therefore not only the Bench, but the Footpace and Precincts, and all the avenues to it, should be kept free from Scandal and Corruption^" We may now proceed to consider Lord Hardwicke less as a judge and more particularly as a statesman and supporter of the ministry. It would be misleading, however, to imagine that there was any such distinction in reality between his political and judicial functions. The artificial, but convenient and indeed necessary separation of judicial office from political activity, maintained in modern times, was not then invented and would have been impracticable. For such refinements the times were too critical. The cause of law and order required the support of all good subjects, from the highest to the lowest. Party government, in the rigid modern sense, did not yet exist. The Whigs, who secured the Hanoverian succession, the national church, the law of the land, religious and civil liberty as far as the perils of the time permitted, together with the power and ascendancy of Britain among the nations, constituted the only party capable of carrying on the administration at this time and worthy of the national confidence ; and they were necessarily supported by all except those who had something to gain by a return to arbitrary govern- ment, anarchy and confusion, and who could acquiesce in the subordination of British to foreign interests abroad. As Chief Justice and Head of the Administration of the Common Law of England, as the principal upholder of law and order and as one of the Regents of the Kingdom, in which capacity Lord Hardwicke first acted in May 1735, on the King's setting out for Hanover, it would have been impossible to maintain a retirement and seclusion from politics, such as is dictated by later etiquette, in our happier and more settled times. • Bacon, Essays, Ivi. " (Jf Judicature." 144 LORD CHIEF JUSTICE Modern scruples of this kind, it is certain, never troubled Lord Hardwicke or any of his contemporaries, and, as Chief Justice, he continued as before to support the government with zeal and activity. He now began to take a principal share in the deliberations and decisions of the inner Cabinet, where his opinion had already great weight, and where attendance, in addition to his judicial duties, became exceedingly exacting and onerous. Several pages of careful transcripts in his own hand from the correspondence of the English ministers abroad testify also to the attention which he was now giving to foreign affairs, at a time when Sir Robert Walpole's fixed inclina- tion for peace and his policy of alliance with France, though of undoubted temporary advantage to Britain, exposed it to future dangers by the support thereby given to the growing ascendancy of that country^ Already, in the autumn of 1736, the Duke of Newcastle is writing to him to urge his attendance at a meeting of the ministers, and adding : " Dear Hardwicke, without you we are nothing-." The chief scene in which Lord Hardwicke's political activity was shown was naturally the House of Lords ; but it is in his charges on circuit to the country gentlemen, forming the grand jury, and to the general public in Court that the close relation between his judicial and political functions — indeed their identity under some aspects — appears most clearly. His exhortations on these occasions to the grand jury to duly execute the laws, passed naturally, by an easy transition, to praise of that constitution and that government under which alone the national laws and liberties could be maintained. " 'Tis the great advantage and happiness," he said in one of- these addresses', " of us of this Nation to live under a Government the best constituted of any in the world — administered over us and secured to us by the best body of Laws that human wisdom can frame. " 'Tis the particular excellence of these Laws that they have not been made by the arbitrary will of one man, nor by the humour or ambition or private designs of a few, who have had the fortune to obtain power over their countrymen. But they are Laws establish'd by the tacit concurrence of the whole Nation, who have experienc'd such usages to be just and good, or else ^ H. ,52'2, ff. 1-14. See p. •201 n. ^ p. 156. * II. 767, ff. loi sqq. THE BALANCE OF THE CONSTITUTION 145 compil'd by the joint deliberation and consent of the representa- tive body of this free people in full and free Parliament. " Gentlemen, such is the system of government we have receiv'd from our ancestors, and such is the source and origin of our Laws ; and as this is the nature of their original, so this excellent quality goes along with them, and is [?] carried into the execution of them. The manner of their administration participates of that in which they are made and enacted. For, Gentlemen, such has been the watchful care of our ancestors over the lives, liberties and estates of Englishmen, that as no law can be made to concern any of those valuable interests without their consent, so no Law can be administered to effect any of these but either originally or finally by the verdict or presentment of a Jury, that is the judgment of their fellow-subjects upon their oaths. "As the Crown has its proper share of power in the making of Laws, as great as a wise and good Prince can wish, so it has also in the dispensing of them by Judges immediately appointed by the Crown or sorne authority deriv'd from it. But so have the People likewise in the powers of our juries, and thus the uniformity of the Constitution and the due balance of it is preserv'd thro'out. " Under the security of this Constitution the Protestant Religion and the Liberties of our Country have long stood firm and unshaken amidst all the attacks that have been made upon them ; and by the blessing of God they may, by the same means, be long preserved to us, if we are not wanting to ourselves. " But, Gentlemen, it is this happiness that makes us the envy of other Countries, — 'tis this Constitution that every Prince or State that sets up for subduing his neighbours has in view to pull down and destroy, in order to take off our weight and influence in the Common Cause. " This has fallen out remarkably within our observation in our own time. Whoever has set up for universal Empire or to enslave Christendom, has, in the first place, as the first step to this work, taken into their protection and endeavoured to force upon us a Pretender to this Crown, a person of suspected birth, nurst up in the principles of tyranny and the highest bigotry of Popery, and of a spirit so mean and abject as to suffer himself to be made a tool for those purposes in the hands of any Prince, who has a mind to disturb the repose of his neighbours. " This was the scheme of the late French King, and since the interests and politics of that Nation are chang'd, Spain, having acted Y. 10 146 LORD CHIEF JUSTICE upon the same design, has taken its turn with him and at the same time that it has attempted to embarrass and destroy a very valuable branch of our trade, has taken this Pretended Prince home to his Court and actually made an invasion upon us, with insolent declara- tions in his favour. This has been happily defeated, but so indiscreet, so infatuated, so wicked are some amongst ourselves, as to unite in this interest, to support this cause, or at least to act as if they did so,which is really and in consequence the same thing to the public, "And yet, Gentlemen, these persons acting in this manner will at the same time have you believe that they are Englishmen and Protestants. Englishmen and Protestants, who can join to carry on and serve the interests of a popish Pretender, supported by the most bigoted popish Prince and Nation in the World, now actually endeavouring to destroy some of the most valuable branches of English trade. The absurdity of this is self-evident. " But, Gentlemen, these are considerations which ought to make us more in love with this Constitution, and exert ourselves in the best measures to preserve it. And the best means of doing this is certainly by a vigorous support of his Majesty's Government." From the duties of the subject towards the King and his family he then passed, without any interruption in the order of his ideas, to the duties towards God ; for " Fear God and Honour the King" still formed parts of the same moral code. Perjury, for example, was to be exposed and punished, both as an offence against God and against society, and especially " State-Perjury," when men took oaths to the government to obtain places and advantages, and meanwhile only watched for a favourable moment to destroy it, and which " subverts the sacred obligation of an oath, dissolves all the ties, all the trust and confidence that can be amongst men." Cursing and swearing were to be punished, drunkenness also, and publicans who conducted their houses badly, and the Sabbath day was to be duly kept. " There is one thing I beg leave to offer to your consideration under this head of vice and immorality which is — That as it highly concerns Religion and the honour of God to have it suppressed, so it does likewise the temporal interest of any place or people. For corruption of manners does not only tend to draw down just punishments upon persons guilty of such crimes, but it enervates their minds and abates their industry. It introduces dissoluteness and sloth and consequently the ruin of trade, and at last is followed by poverty and beggary," UNION 147 The note of the whole speech is that of Authority — the Authority of divine and human law, to which all must submit, and without which no true freedom could be enjoyed. It was the great lesson which those undisciplined times had not yet learned, but which was now to be inculcated successfully by the wisdom and resolution of a few great men, and which proved the foundation of the future empire of England. On another such occasion he defended the government from the attacks and libels which its enemies had taken the opportunity of the South Sea scandals to deliver^ " Gentlemen, take this matter in its true light. These seditious attempts don't proceed from any real sense of the misfortunes which have befallen us ; but the truth is, a handle is only taken from thence to endeavour to destroy and undermine his Majesty's Government — the great security we have for our Religion and Liberty. "Consider it a little and the thing speaks itself The nature of man is such — where men are real friends to a government, where they wish its support and preservation, if misfortunes do happen, they will do their utmost to find a cure or a remedy, — but at the same time they won't heighten and aggravate — but rather excuse — at least do their best endeavour to prevent the having an ill effect upon the Government " I will add but one thing more.... " Next to a zealous affection and dutiful obedience to the King, and as a consequence of that, the best method we can take to advance his service and the interest of our country is peace and union amongst ourselves. People who act upon the same honest principles, who mean the same thing, fhe support of his Majesty's Government, should unite — should not let little private divisions and resentments endanger the attaining that end. 'Tis a duty we all owe our Country, to give up private piques and animosities, to the public — to the interest of our Country." These eloquent appeals to the nation, at a time when the people seldom heard or saw anything of their rulers and understood little of the great pohtical issues in dispute, probably made a considerable impression and it is to be regretted that they only survive for us in scattered fragments and rough drafts. Nor are the reports of his speeches in the House of Lords during these years more complete, and arc still less faithful reproductions of his words. 1 II. 767, f. I0«. 10 2 148 LORD CHIEF JUSTICE The Chief Justice is recorded as speaking in several debates in support of the ministers\ He took a leading part, on March 28, 1734, on the occasion of the motion for the augmentation of the forces, when he replied to Lord Carteret's and Lord Chesterfield's stale and time-worn complaints of "the standing army in time of peace," and the danger to the constitution, and upheld the controlling power of the Crown over the forces'^ He gave his support to the Charitable Uses Bill, commonly called the Mortmain Act, of 1736, a measure promoted by Sir Joseph Jekyll, the Master of the Rolls, and strongly opposed by the whole body of the bishops and clergy, the object of which was to check the bequests of lands away from the natural heirs to charitable or other uses, and which provided that the deeds should be sealed and delivered 12 months before the death of the grantor. In his view the bill was not a party but a national measure and a useful one, because tending to preserve the balance of the constitution. Power followed property, especially property in land, and therefore a per- petual unalienable property in land meant also a perpetual political power. This had been clearly understood and guarded against from the earliest times. Hence the Agrarian Laws amongst the Romans and the regulations adopted by other nations, and hence arose the dangers in England during the Norman period and later, when the nobles, owing to their possession of immense domains, gained the chief power, menaced the Crown and oppressed the people. In Edward I they obtained the statute of entails {Quia Eniptores\ which enabled them to make their lands inalienable and which proved a law of the most mischievous character, the judges, failing legislation, at last succeeding in breaking through it by the legal fiction of common recoveries, copied from the practice of the clergy in their collusive elusions of the Act of Mortmain. From this, and from further developements in the same direction, the happiest consequences ensued. The power of the barons was broken, the constitution was brought to a truer balance, trade and arts were increased and liberty was diffused through the whole body of the people, while the nobility became a middle class, at once a security to the throne against encroachments and a protection to the people. Would their Lordships, after giving up this dangerous privilege 1 Hist. MSS. Comin., Earl of Carlisle, 152-5, 169 ; Pari. Hist. ix. 485, 886; Lord Hervey's Memoirs, ii. 145. 2 Pari. Hist. ix. 538; Clode, Military Forces of the Crown (1869), i. 87; Lord Hervey's Metnoirs, i. 306 sqq. LEGISLATION ' 149 for themselves, allow another estate of the Kingdom to go on perpetually increasing its unalienable property? The Church, indeed, and perpetual charities had at one time owned above half the lands of the Kingdom. This was manifestly against the national welfare, though no one approved ample endowments in the Church more than he did or lamented more the smallness of livings. These, however, he hinted, might be helped a little by restraining pluralities^ The interest of the national trade and prosperity was another general reason for the prevention of this abuse ; for the great incitement to industry and merit in trade, to study or the profession of arms was the founding of families [by the acquisition of landed estate]. As to the objection that the channels of charity would be stopped up, charity, while a noble and necessary duty, did not consist entirely of almsgiving, and still less in perpetual alms. " The Church of Rome flourished in that species of charity, when she had almost banished the very notion of that virtue out of her system of Christianity-." While thus approving strongly of the aim of the measure he, however, moved an important amendment, which was embodied in the bill, exempting from its operation purchases made bona fide and without fraud for a valuable consideration. On two former occasions, at least, he spoke with great force against important measures introduced by the government but of which he disapproved. The Quakers' Tithes Bill was a measure to relieve that section of the nonconformists, always specially favoured by the government, and at this time deserving particular consideration as the staunch supporters of Sir Robert Walpole in Norfolk, from the grievance of prosecution for non-payment of tithes in the Ecclesiastical Courts, where excessive fines and sometimes imprisonment, with all the attendant sufferings and miseries, were often inflicted for the offence. By a former Act of William III, summary proceedings before two * According to Lord Ilervey: "My Lord Chief Justice Hardwicke struck deeper [than earlier speakers], as he expressly said that there were many things in two books written by the liisliop of London, or by his order, contrary to Law, and that in those books powers were asserted to be in the Church which did not belong to it. He spoke also of pluralities as a great grievance, and said he hoped the Legislature would take cognizance of this aliuse in the Church and put some stop to it." Memoirs^ ii. ■269; also Hist. MSS. Comni., Karl of Carlisle, 169. ■•' Abstract from : " Notes of wiiat was intended to have been spoke in the House of Lords in case there had been a debate on the merits of the bill." Printed in Harris, i. 308; Pari. Hist. ix. mi and 11 19. ISO LORD CHIEF JUSTICE magistrates had been allowed in the case of small sums, and by the present measure such proceedings were made compulsory. It passed the Commons by a large majority, but in the Lords, on May 4, 1736, it met with considerable opposition, especially from the bishops. The ingenious argument was used, that if it was a matter of conscience with the Quakers not to pay tithes, so it might be equally a matter of conscience with the clergy only to prosecute the offenders in the Ecclesiastical Court. Lord Hardwicke, who was supported by Lord Talbot, the Chancellor, opposed the bill and procured its rejection on totally different grounds. He approved of its object in principle, but pointed out that the bill, as then proposed to the House, having undergone several changes in its different stages, was a thoroughly impracticable measure in its details. It was a reform promoted by those who desired to find a remedy for certain abuses, but who had neglected to consider or provide the necessary machinery for carrying such a reform into execution \ He also appears to have disapproved of the powers now proposed to be given to the justices of the peace. The bill was ultimately thrown out by a majority of 54 to 35, to Sir Robert's great indignation, who showed his resentment by passing over Gibson, the Bishop of London, long called the " heir apparent to the See of Canterbury," and an active opponent of the measure, on the next vacancy of the Primacy. But we hear nothing of any sign of disapproval manifested against the Chief Justice, who was a principal author of its rejection-. ^ Lecky, i. 206, 260; Stanhope, ii. 281; Stephen's Covnn. (1903), iii. 343; Gough's Hist, oj the Quakers (1790), iv. 286; Pari. Hist. ix. 12 18; Geut. Mag.v'x. 326, 365, 718; Hist. AI.SS. Comm., Earl of Carlisle, 172; Coxe's Walpole, i. 476. 2 Lord Hervey gives the following exceedingly characteristic account of the defeat of the bill: "When the Quakers' Bill was debated, it was lost by the two law lords, the Lord Chancellor TalVjot and the Lord Chief Justice Hardwicke opposing it. One reason these law lords had for this conduct was desiring to make their peace with the clergy and regain some of that favour they had forfeited by their manner of espousing and pushing the Mortmain Bill ; but in truth the reason that weighed most with them was the con- sideration of popularity with the men of their own profession : for as great men as these two lawyers were and as u])right as they were esteemed, they had the spirit of preferring the power and profit of their own profession as much at heart as any parson in the King- dom or any set of men in the world. It was this spirit that made them and all the lawyers in both Houses for the Mortmain Bill, as the fewer lands there wore unalienable in the Kingdom, the more titles and lands there would be open to be litigated." [The editor, J. W. Croker, here interposes in a footnote: "This motive seems to me too far fetched as well as too mean; it could hardly have influenced a practising conveyancer, much less these great Judges," and cf. Campbell, v. 35.] Lord Hervey continues: "It was this spirit too that made them against the Quakers' Bill: for as the purport of this bill was to make a justice of peace a sort of referee between the parson and the Quaker in the case of all tithes under ten pounds, so this bill — had it passed into a law — would of course OPPOSES GOVERNMENT MEASURES 151 Another of the government measures, the Smuggling Bill, 9 George II, c. 35, was also strongly opposed by the Chief Justice on its introduction into the Lords on May 15, 1736. No man knew better the serious evils which arose from smuggling and the difficulty in obtaining verdicts against the offenders ; no man was more convinced of the necessity of upholding law and order. But it was his opinion that by this measure the administration, in order to strengthen their hands in dealing with lawlessness and disorder, transgressed the proper limits of the executive power. He declared the bill to be a dangerous infringement of the rights and liberties of the subject. To one clause in particular, which by its vagueness exposed innocent persons to arrest, he took special objection. It rendered three persons carrying arms with malicious intention liable to transportation as smugglers. No crime by implication, he declared, was recognised by the law, nor could a malicious intention be proved by witnesses, or determined, in the case of an action in itself innocent, by judge or jury^ One of the chief liberties of the subject was his security from imprisonment, except in case of a felonious or high crime sworn against him. Moreover, to bear arms in his own defence was a right which belonged to every man. Lord Hardwicke's amendments to the bill, however, were lost and it passed by the small majority of 54 to 46. For a short time the severe penalties of this Act suppressed to some extent the practice of smuggling, but the ultimate result was have prevented nine lawsuits in ten, that were now brouglu into Westminster Hall, from ever coming there. This Lord Hardwicke, in one of his speeches, with great inadvertence (and I dare swear thorough repentance) plainly avowed was his chief motive for opposing this Bill ; saying that — ' If the bill should pass, it would not only exclude the jurisdiction of the ecclesiastical courts from operating in the case of these tithes but would also virtually shut out the temporal courts, as it would make a justice of the peace a turnpike to the temporal courts, where almost all the disputants would be stopped' — the very reason (begging my Lord Hardwicke's pardon) that should have induced every man in England but a lawyer or a parson to be for this Bill; but as long as money and power are reckoned of the good things of this world, it was no wonder the parsons should oppose a bill that would abridge their present capacity of worrying a Quaker, or that the lawyers should join the parsons when they were to reap the profits from this equitable Christian chase. But from what I have said, it is pretty plain, (in my opinion at least), that the lawyers, in promoting the Mortmain Bill or opposing the Quakers', had nothing strongly in view but the enriching the harvest of Westminster Hall: and that their popularity with the laity in the first or with the clergy in the latter, was not their primary or chief consideration, but a casual incidental consequence of their attachment to the interests of their own burdensome profession." Memoirs, ii. 270. For the value to be attached to Lord Hervey's opinions and statements see below, p. ipg «. ' Gent. Mag. vi. 757; Hallam, Const. Hist. (1K54), iii. 287; Pari. IJist. ix. 1229. 152 LORD CHIEF JUSTICE only to render conviction more difficult, from the reluctance of juries to inflict the capital punishment, and the infringement of the law became as frequent and as scandalous as before^ On the other hand, Lord Hardwicke strongly advocated the severest punishment of the authors and abettors of the Porteous riots at Edinburgh-. In the debate on this affair, on February lo, 1737, he supported the inquiry proposed by Lord Carteret; and after rebuking the latter for having ventured to refer with levity to the explosion in Westminster Hall, he proceeded to discuss fearlessly the controversial points raised concerning the right of the civil power to call in the aid of soldiers to quell resistance to its authority, the compatibility between a strong executive and individual freedom, and the legal and constitutional status of a soldier, speaking not only as a lawyer and a statesman but as one who knew how to govern*. Owing to the illness of the Lord Chancellor, Lord Hardwicke was now presiding as Speaker over the debates in the House of Lords, by authority of a commission under the Great Seal, an office in which he was continued on Lord Talbot's death on February 14, 1737, by a fresh commission of February 16, to which the King himself affixed the Seal*. Correspondence Duke of Newcastle to Lord Hardwicke [H. 58, f. 12.] White Hall, /?f Devon[.shire]), Lord Chamberlain (Duke of Grafton), Duke of Richmond, Duke of Argyll, Duke of Newcastle, Earl of Pembroke, Earl of Scarbrough, Lord Harrington. 1 66 LORD CHANCELLOR Prince look'd about him. Then he said, My Lords, am I to give an immediate answer. To which I answer'd, As or If your R. H. pleases ; for I don't precisely remember the first word. He then proceeded to make the answer, the effect whereof was afterwards reported. " It falling to my lot to go out of the room last, the Prince stopt me at the door, the other Lords being at some distance, and in a whisper said several things to me of which I do not pretend to remember the very words, especially as I was then in some confusion, and indeed, most tenderly affected with the occasion. But I am sure the substance was, repeating his dutiful disposition to the King, his concern for the present dispute and declaring that he had several times spoke to the Queen on the subject of his allowance. To this I said that I was from the bottom of my heart sorry for this incident. ' But I beg that whatever your R. H. intends to say by way of answer to the message may be said to all the Lords, for no one of us has authority to receive it' Hereupon I affirm the Prince replied, ' I don't intend this by way of answer ; I say it to you, my Lord, that you may make use of it as you shall see proper^' " After this I, with the rest of the Lords, withdrew into the Council Chamber, where it was first considered what was to be done relating to the answer. I acquainted them fully with what had passed between the Prince and me in the whisper, which was, without hesitation, agreed by all not to be considered as part of the answer. It was next with the same unanimity resolved not to pretend to report the very words of the answer as spoken by the Prince, because H. R. H. had deliver'd it with some confusion and with repetition of the same or the like expressions, which ^ "The Queen was more particularly piqued at the Prince's behaviour on this occasion from a circumstance that did not appear in the drawing up the Prince's answer, which was his stepping forward, whilst the Lords of the Cabinet Council were with him, and saying, in a sort of whisper, to my Lord Chancellor, that he wondered it should be said in the message that he had made no application to the King on this business, when the Queen knew he had often applied to his Majesty through her and that he had been for- bidden by the King, ever since the audience he asked of his Majesty two years ago at Kensington relating to his marriage, ever to apply to him again any way, but by the Queen ; to which speech of the Prince's Lord Chancellor very prudently made no other answer than asking the Prince aloud if what he had said to him was part of the answer he designed should be conveyed to the King, and if it was, he desired His Royal Highness would be so good as to repeat it to all the Lords of the Council. But the Prince said, 'No, my Lord, I only said it to you to inform you how that matter stood.' The Queen said on this occasion she had always known her son to be the most hardened of Liars " etc. Lord Hervey's Mem. iii. 60. PROCEEDINGS IN PARLIAMENT 167 made it impossible, as well as not for his service, to attempt that. " I think some mention was made whether it was necessary to go back and desire an answer in writing, but it was objected that we had no such instructions ; and indeed it was the opinion of all the Lords that it was best to take it as it was, because we had now the Prince's own genuine sense, full of dutiful expressions towards the King, his father, and free from any thing provoking ; whereas, if we had given an opportunity for further deliberation, there was danger lest those who had kindled this flame might be advised with, and in the same view might insert something irritating in the answer. " It was therefore the unanimous opinion of all the Lords to set down in writing the substance of the Prince's answer by way of recital, adhering religiously to the sense and making it as full of respect and duty to the King as the fact would bear, and this from motives equally regarding H. R. H, and the public service. In- deed, I never in my whole life saw a stronger disposition in any set of men to do what might be most just and fit, or most for the real interest of both the royal persons between whom they had been transacting, or to prevent any ill consequences, than appeared in this company on this occasion. " Thus the answer was settled as printed in the votes of the House of Commons and at night reported by us all to the King, who looked displeased, but said not one word. " I have in my custody the original message which I read to the Prince and the original answer which I read to the King." [" His Royal Highness the Prince of Wales return'd a verbal answer, which according to the best recollection and remembrance of the Lords was in substance as follows, viz. : "That His Royal Highness desired the Lords to lay him with all humility at His Majesty's feet; and to assure His Majesty that he had, and ever should retain, the utmost duty for his Royal Person. That His Royal Highness was very thankful for any instance of His Majesty's goodness to him or the Princess, and particularly for His Majesty's gracious intention of settling a jointure upon Her Royal Highness. But that, as to the message, the affair was now out of his hands and therefore he could not give an answer to it. "After which His Royal Highness used many dutiful ex- pressions towards His Majesty and then added, ' Indeed, my Lords, it is in other hands : I am sorry for it,' or to that effect. "His Royal Highness concluded with earnestly desiring the 1 68 LORD CHANCELLOR Lords to represent his answer to His Majesty in the most respectful and dutiful manner'."] " Strange work was afterwards made in the House of Commons by endeavouring to mix some things which the Prince had (as above related) said privately to me, with the public answer- ; but that was not ventured upon in the House of Lords ; and the day the debate came on there, my Lord Balmerino'' told me from the Prince that LJ. R. H. was sorry for what had pass'd of that kind in the other House, that it was Mr Hodge s mistake and that what he had said to tne at the door, he did not intend as part of his answer. " Of what passed in the House of Lords I will say nothing here, because it is notorious. The part I took in it was such, as in my conscience I thought right, being convinc'd that the appli- cation to Parliament was improper in its nature and pernicious in its consequences. In that view I opposed it upon topics drawn from the dignity and authority of the Crown, and the welfare of the whole royal family wherein, at least, I believed I acted agree- ably to that primary duty which I owed to the King, my Master, and that secondary one which I ow'd to the Prince'*. " After this the first question which arose at Court relative to this dispute, was the quantum of the Princess's jointure. The King referr'd this to the consideration of the Cabinet Council, and Sir Robert Walpole opened it to us with a declaration that His Majesty was inclin'd to think ^30,000 per annum sufficient, but not having form'd any fix'd resolution was desirous to be advised by the Lords. The place I filled obliged me to deliver my opinion first with my reasons at large, upon which I concluded for ;^50,ooo per annum, and afterwards all the Lords seriatim declared themselves to be of the same opinion for the reasons given by me. " In this advice I had two views. First I thought it right and 1 H. 522, f. 31. ^ The debate in the Commons took place on February 22, when Pulteney made a motion for the settlement of /"loo.ooo a year upon the Prince with a jointure on the Princess, which was only defeated by a majority of 234 against 204. The accuracy of the Prince's answer, not having been given in writing, was disputed. Pari. Hist. ix. I352> '443- Lord Ilervey's Memoirs, iii. 70. ^ John Elphinstone, fifth Lord Balmerino (167 5- 1746). •* Lord Ilervey, iii. 86. The motion on behalf of the Prince was made by Lord Carteret. " The Duke of Newcastle look upon him to speak after Lord Carteret, but neither Sir R. Walpole's example in public, nor his documents in private, enabled his Grace to answer him. My Lord Chancellor therefore supplied that part and spoke as well as ever I heard him." The motion was negatived by a majority of 103 to 40. REMOVAL OF PRINCESS FROM THE PALACE 169 consistent that the Princess should have the like settlement, as was made on the Queen when Princess of Wales. In the next place, I hoped it might prove a circumstance tending to bring about a larger allowance to the Prince, since the argument would be strong that if ^^50,000 per annum was judged reasonable for a Dowager Princess of Wales, the same ^50,000, together with the Duchy of Cornwall, could hardly be thought sufficient for a Prince and Princess of Wales and the families of both. " Notwithstanding this, the breach rather widened than closed till the 5th July (1737), [when] a communication was made by letter from the Prince to the Queen that the Princess was with child. Disagreeable circumstances happened afterwards, and it was the common bruit of the court that it was determined in the Prince's family that Her R. H. should lie in in London and not at Hampton Court, the then residence of the King's royal family. " The manner in which she was hurried away to St James's under the pains of labour, without the least notice to the King or Queen, are [sic] well known ; a conduct for which I never yet heard any justification or even excuse. The King's resentment produced the message of the 3rd of August, at the settling of which were present, Lord President, Lord Harrington, Sir Robert Walpole and myself The only part I had in that draft which prevailed was the first sentence expressing the King's joy at the safe delivery of the Princess, for I had proposed one more short and mild in these words, viz.: '"The King hath commanded me to acquaint your R. H, that His Majesty is most heartily rejoiced at the safe delivery of the Princess; but that on account of certain circumstances in your Royal Highness's behaviour relating to that event, which have given His Majesty just offence, he thinks it not proper to see you, with the particular reasons thereof he will cause your R. H. to be acquainted in due time.' " I thought this would shew greater tenderness for the present condition of the Princess and gain time for cooling, before aggravating circumstances were fix'd by being recapitulated in writing. " However, the draft that was afterwards sent prevail'd, for which my Lord President dcclar'd himself more explicitly than is usual with him, but Lord Harrington was silent." [The letter actually sent to the Prince, after the first sentence of congratulation, ran as follows: I70 LORD CHANCELLOR " But that your carrying away her Royal Highness from Hampton Court, the then residence of the King, the Queen and the family, under the pains and certain indications of immediate labour, to the imminent danger and hazard both of the Princess and her child [Princess Augusta, the eldest offspring], after sufficient warnings for a week before to have made the necessary prepara- tions for this happy event, without acquainting His Majesty or the Queen with the circumstances the Princess was in, or giving them the least notice of your departure, is looked upon by the King to be such a deliberate indignity offered to him and the Queen, that he has commanded me to acquaint your Royal Highness that he resents it to the highest degree^"] " I will not here repeat the several letters sent afterwards by the Prince to the King and Queen, which were declared by persons on that side to contain a full submission, and by the courtiers the contrary, " But it may not be altogether improper to preserve the memory of a particular incident, which happen'd to myself On the 4th of August, the day of proroguing the Parliament, I made St James's in my way to Westminster in order to enquire after the health of the Princess of Wales and the new born Princess. After I had perform'd that ceremony I went away, and was overtaken at the further end of Pall Mall by one of the Prince's footmen with a message that H. R. H. desired to speak with me. Being return'd, I was carried into the nursery, whither the Prince came immediately out of the Princess's bedchamber, and hurried all the women out of the room. Having said many civil things and made me sit down, he shew'd me the message he had received the day before from the King, which, he said, he presumed I, being of the Cabinet, must have seen before''^. Without staying for an answer, he made a long apology for his conduct much to the effect of his first letter to the King; with this addition that, if the King, who was apt sometimes to be pretty quick, should have objected to her going to London and an altercation should have arisen, what a condition would the poor Princess have been in ? He then said he would read me two 1 Coxe's Walpole, i. 534; Lord Hervey, in. 193. 2 "Sir Robert Walpole said... that, to his knowledge, the Prince had within these few days asked one of the King's ministers (which was my Lord Chancellor) whether he had any hand in the message the King had sent him, intimating at the same time his great indignation against those who had. This also the Queen told Lord Hervey, .saying at the same time, this was such a degree of insolence, to pretend to question and bully and frighten the King's ministers as was not to be suffered, and added that it was high time His Royal Highness .should be well lashed. Lord Hervey agreed with her...." Hervey, iii. 204. We see here how such incidents as those described in the text were exaggerated and distorted. I PRIVATE INTERVIEW WITH THE PRINCE 171 letters he had written, the one to the King and the other to the Queen, whereupon I asked him whether they had been sent ; for if they had not, I was determined in my own mind not to have seen or heard them read. He answer'd they were sent the day before by my Lord Jersey, and then read them. He asked me what I thought of them, at which I bowed and said nothing. He went on, that upon those letters the King sent word he would not see him ; but he did not think fit to let it rest there for his part, and had sent another letter to Lord Carnarvon that morning, which he read, and asked me if it was not very respectful. To this I answered Very respectful \ and, indeed, it was a much more proper letter than the former. I then proceeded to tell H. R. H. that I had heard nothing of this unhappy affair till my going to Hampton Court of the Tuesday before to congratulate the King and Queen on the birth of their grand-daughter. That I then found their Majesties highly offended at what had pass'd; and I should be unjust to H. R. H., if I concealed from him that from the circum- stances preceding and accompanying the carrying away the Princess, they understood it to proceed from a deliberate intention to take that part without their privity. I added that incidents of this nature gave the deepest concern and affliction to everyone who wish'd well to the whole royal family, and to none more than myself; that every occasion of this kind ought to be removed, for that tmion in the royal family was most essential to the true interest and preservation of it; that the contrary gave the most formidable advantages to their enemies, whereas any branch of it, when united, nothing could hurt; that I hoped H.R. H. would show such a submission and dutiful behaviour to the King, his Father, at the present juncture, as would tend to bring about this union, and that I was sure it would be the zealous endeavour of the King's servants, and in particular of myself, to do everything that might facilitate it. He answered, My Lord, I don't doubt you 111 the least, for I believe you to be a very honest man ; and as I was rising up embrac'd me, offering to kiss mc. I instantly kneeled down and kis.s'd his hand, whereupon he rais'd me up and ki.ssed my cheek. The scene had something in it moving, and my heart was full of the melancholy prospect that I thought lay before me, which made me almost burst into tears. The Prince observed this and appeared moved himself, and said, Let us sit down, my Lord, a little and recollect ourselves that ive may not go out thus; soon after which I took my leave, and went directly to the House of Lords. 172 LORD CHANCELLOR " After the other message concerning the christening, the Prince sent two letters more\ That to the King went further than the former, calHng what he had done a fault, and asking pardon for it ; but particular exception was taken against that to the Queen, as carrying an implication that the King's not being reconciled to his son was owing to her, I own I thought this a strain'd construction and did not scruple to say so, but I soon found that the partizans on either side had no mind to make up the breach. On the side of the Prince, those who wanted to set him at the head of the opposition against his Father's measures, seem'd to have it in view to write such letters to the King as might read well and, when published to the world, be taken as a submission, and at the same time effectually to prevent that from being accepted by provoking the Queen and thereby cut off the chance of mediation, and shut the only door thro' which any reconciliation could enter. On the other side, Sir Robert Walpole seemed to think that they had now an advantage over the Prince which ought not to be parted with ; and that it would be better for the administration to have a total declar'd separation than that things should remain in the precarious doubtful state in which they then stood. " My wish and sincere view was that an absolute, complete reconciliation should be brought about as essential to the King and his family and the whole nation ; and I was persuaded that fatal mischiefs and infinite difficulties would arise from the breach being made wider by a total separation. From hence I thought it my duty to explain my thoughts fully on this head to Sir Robert Walpole as the King's chief Minister, and for that purpose went over to New Park early on the 24th of August. " I began ^ with laying it down as a principle that in this nice affair two great points were always to be pursued, first the real and essential interest of the King and his family in which the whole Kingdom was involved, and next the support of that authority and reverence which was due to His Majesty ; that it was the duty of his ministers and servants to endeavour to combine both these views, and in their conduct not to lose sight of either ; that I could not help thinking that if there was a disposition to it, a reconciliation might be effected consistently with both; but if that should be found impossible, a total separation must indeed be 1 Printed in Lord Hervey's Mem. iii. 'z-j^. One objection to the Prince's letter to the Queen was the "silly omission" in not styling her " Your Majesty." 2 Also Coxe's IValpole, i. 535. REMONSTRATES WITH W ALP OLE 173 submitted to. However, I begged leave to lay before him several considerations which seemed to me very material in this great question, some whereof distinguish'd the case from that of the quarrel in the late reign, and made the present breach more formidable. " I. That it ought to be considered what influence it would have on the question, which had been once moved in Parliament and was expected to be brought there again, viz. : — the Prince's demand of a larger allowance ; and this upon different suppositions. It appeared to me that, if the King should be finally in the right and the Prince continue, as he was certainly at first on the affair of the departure, in the wrong, it would strengthen the King as to that question; for nobody could, with any shadow of reason maintain that the King could with decency be addressed to increase his son's allowance whilst he was standing out in defiance. But on the other hand, it must be attended to that this offence was such as to admit of a satisfaction between a father and a son; and if the world should think the Prince had made a proper submission, and yet the King turn him out of doors, it would strengthen the Prince in his demand ; since it might then be said that the King had causelessly obliged him to live by himself with an increase of family at a greater expense. I added that it must be expected that even those, who least wished a reconciliation, would advise him to make such a submission, when they were sure it could not, or would not, be accepted. " 2. That in the next place, the situation and circum.stances of the royal family deserv'd the greatest attention. In the late reign the difference concern'd only the King and Prince ; there were no other children to be affected by it; the moment the breath was out of the late King's body it was at an end as to the royal family, tho' particular subjects might feel its effects; that now the case was far different. A Queen Consort, the Duke [of Cumberland] and four Princesses, not to include the Princess of OrangeS will certainly be to a degree involv'd in it. If the Prince .should survive his Father, he must, and ought, by the course of law and nature, to reign. All these will be more or less in his power; the Queen possibly least of all, but how far the honeymoon of a new reign may carry men as to her large jointure none can foresee. The others absolutely. Yet these must now, as they justly deserve, ' Anne, Princess Royal, married 1734 William, Prince of Orange, later .Stadtholdcr, and died 1759. 174 LORD CHANCELLOR live at Court, in the sunshine of the King and Queen's favour, the Prince being excluded. This will naturally breed an alienation of affection, great envying and much ill-blood, which may break out into fatal consequences, when the Prince shall find himself their Sovereign. Add to this, that it is not probable that any settlement will ever be obtain'd from the Parliament to make cadets of the royal family independent of the person who shall wear the Crown. "(Memorandum, that on the i8th August, in an audience with which the Queen was pleas'd to honour me, I press'd those con- siderations on Her Majesty as points of the last importance to herself and her children.) " 3. Consider next the case of the Prince's children. Either the King must take the custody of them or leave them with H. R. H. If he should take them, having a favourite younger son and several daughters justly dear to him, what jealousies and suspicions may not arise in case of accidents. Malice may even suggest, what was once believed in France of the late Duke of Orleans^ If the King should suffer those branches of the royal family to remain with the Prince, will it not greatly weaken the former and strengthen the latter? And at length they will be bred up under the same influence, which is now objected to in their Father^ "4. As to the administration, what an inundation of pensions did the breach in the late reign introduce } What a weight did that bring on my Lord Sunderland's ministry ^? And it should be considered whether even that miserable expedient will be found practicable under this King. The present demands of mankind will rise on one side in proportion as greater hopes are held out to them on the other. It put Lord Sunderland on strong measures to secure himself, which yet he could not carry ; witness the Peerage Bill, wherein were several right provisions tempting to the Whigs, and yet they rejected if*. " 5. It will make a coalition between the Whigs desperate and impossible. Before this the Whigs in the opposition wanted a head, 1 Brother of Louis XIV, married Henrietta, sister of Charles II, and, on account of her sudden death, was suspected witiiout reason of having poisoned her. 2 The sequel justified to the fullest extent these fears and warnings. 3 Charles Spencer, third Earl (1674-1722), first Lord of the Treasury 1718-21. 4 Introduced in 1719, in consequence of the creation of the twelve peers by the Tories to secure a majority in the Lords in 1 7 1 1 . It restricted the power of the Crown to create peers, the Lords giving up some minor privileges. It was thrown out mainly owing to the opposition of Walpole himself, who seized the occasion to strike at the government. Stanhope, Hist, of England, i. 530 sqq. II FORETELLS THE FUTURE MISCHIEFS 175 because liable to the disagreeable imputation of constantly acting with the Jacobites, and had no prospect of ever coming into any share of power but by reuniting with their old friends. They will now find a head in the Prince, and he, being the immediate successor in the Protestant line, will be an irrefragible answer to the reproach of Jacobitism which I have mention'd^ Besides, the Whigs as a party will, in good policy, not wish such a coalition, unless it could be accompanied with a reconciliation between the father and son, lest it should throw the successor wholly into the hands of the Tories, and make their cause desperate when he comes to the possession-; whereas, by having one set of Whigs in the Prince's favour, the party will have a fair chance to be pre- served from ruin when that event shall arrive. " 6. Lastly, it must not be forgot that if the King should carry his resentment so far as to remove his son out of his palace, it will be necessary that some account of a transaction of this high nature in the royal family should be given to foreign courts. This measure was taken in the late reign. If the Prince should at length fully submit himself to his Father, and do that which the world shall judge a complete satisfaction for the late offence, what reasons can be openly assign'd to justify such a conduct .■' I will not say that reasons may not be suggested from a series of conduct offensive and provoking in many other respects; but when those come to [be] coolly examin'd, I doubt they will be found such, as it will be extremely difficult, if not impossible, publicly to avow and explain. " Upon these several heads I enlarged to the minister much more fully than is here recited. He expressly allow'd them all to be considerations of great weight, without attempting to take off their force, except as to the Prince's children, which he said were intended to be left with their parents, whilst of tender age, only for nurture. The great point on which he laid his stress was that the King had now an advantage by the Prince having put himself so much in the wrong, which ought not to be parted with I That he ' On the other hand, the advent of the Hanoverian Prince as chief of the party of opposition to Walpole, proved ultimately the chief cause of its failure, since it alienated the J ac' -bites. 2 This was of course what actually happened at George Ill's accession; see below, chap. XXX. 3 See also above, p. 172. Sir R. Walpule regarded the l)reach in the royal family merely as a politician and not as a statesman, as a fortunate opportunity of con- solidating his own power at Court by identifying the Prince with the opposition to his own government, thus involving his political antagonists in the King's displeasure. On 176 LORD CHANCELLOR was apprehensive there must be a total breach before there could be a complete reconciliation' ; and to make up the particular difference about carrying away the Princess from Hampton Court without the grand point, would not be so much as skinning over the sore, which would infallibly break out again worse than ever ; that it was impossible to reconcile the whole without tJu money, and that could not now be obtained; neither was it fit to advise the King to make such an advance until his son, by proper acts of submission and a declared alteration of conduct, should put himself in a condition to receive it. "As to the submission already made, he enlarged much on the offensive behaviour to the Queen, and in particular objected that, although the King in his message had charged the fact to be a high indignity to Jiimself and the Queen, the Prince had not, in any of his letters, ask'd her pardon, or so much as made an excuse to Her Majesty for what he had done. " Hereupon I took occasion to observe that this was manifestly the game of those advisers of the Prince, who intended to prevent a reconciliation ; and as this last was their point, they could not play their cards better ; that consequently, the most effectual method of disappointing it must be the best play on the other side; and as the Queen had great talents as well as great power with the King, would it not become her wisdom to suppress the woman's resentment and take the contrary part to that into which these men wished to drive her.'' That in my opinion, if Her Majesty continued unmoved by their ill usage, and in spite of all their provocations, would reconcile the father to his son, she would endear herself to the nation more than ever, and make an absolute conquest of all her enemies at once. " The next day the Dukes of Grafton, Devonshire and Newcastle and Mr Pelham din'd at New Park with Sir Robert Walpole, who told them that I had made him a long visit the day before and had talked to him like an angel for an hour together on the subject the other hand, any attempt on his part to oppose the King's resentment against his son would have immediately jeopardised his influence (Hervey, iii. 182, 203, 253). The same game was being played on the other side, e.g. Chesterfield's letter to Lyttelton, November 15, 1737, instigating the renewal of the struggle in Parliament (Mem. of Lord Lyttelton, 89). In such circumstances, the efforts of the peace-maker were doomed to failure. 1 "If there must be a quarrel, he thought it better it should be an open than a concealed one." Sir R. Walpole to Lord Ilardwicke, related by the latter's son in Walpoliana (1783), 13. UNSUCCESSFUL EFFORTS TO MAKE PEACE 177 of the Prince, but he thought all my arguments made for his conclusion rather than mi?ie. " Nescia mens hominum fati sortisque futurae Et servare modum, rebus sublata secundis. Turno tempus eiit, magno cum optaverit emptum Intactum Pallanta, et cum spolia ista diemque Oderit. " On Monday, the 5th of September, I was desir'd to meet Sir Robert Walpole at Hampton Court, with only the Duke of New- castle and Mr Pelham. There the minister produc'd two other letters sent by the Prince to the King and Queen respectively after the christening^, and acquainted us that the King was not in the least satisfied with any of the submissions his son had hitherto made; that with regard to His Majesty himself, they were mere words, and calculated to be offensive and provoking to the Queen ; that none of the letters contain'd any assurance for a change of conduct or of acting in subordination to his Father's will for the future ; that His R, H. was entirely under the influence and direction of persons whom His Majesty had thought fit to remove from his councils and service, and who were in a determined opposition to all his measures, and that Lord Chesterfield and Lord Carteret were known to be with him in private every day, and were called into his closet after the Levee, as regularly as the King's ministers were called into his. He recapitulated many particulars to show that the Prince had avowedly set himself at the head of a faction in opposition to the King, and therefore that these letters were understood by the King to proceed from their dictates and to be intended only to amuse and deceive him ; that things being in this situation, the King had come to a resolution not to permit his son to reside any longer in his palace, but to send him an order to depart with his whole family, as soon as it could be done without prejudice or inconvenience to the Princess, and had commanded him to prepare a draft of a message to that purpose which he read to us. "We all expressed our concern at this extremity, and our opinion that it should be avoided, if possible to be done, saving the King's honour. But we were told it was the King's hxW resolution, upon which I said that I had already at large deciar'd my sentiments, as to the measure and its conseciuences, some of which I repeated; and then it was propos'd that iieforc any such order was sent, a message should be sent to the Prince, informing ' Printed in llcrvcy, iii. 229. Y. 12 178 LORD CHANCELLOR him what kind of submission the King expected from him, and what alterations in his conduct His Majesty required as the terms of a reconciliation. But it was answered by Sir Robert Walpole that this would only beget mutual altercations and a paper war between the King and his son, which would be worse than taking it short at first. "We then proceeded to consider the draft of the message, which had many stinging epithets and expressions, and a paragraph towards the conclusion containing a severe reproach on persons in general resorting to the Prince, who did not pay their court to the King, but opposed his measures, calling them a faction, with other strong and harsh words. To all these I objected as a style improper between Princes, and indecent from the King to his son. I thought, if a message of this nature must go, it should be strong, but full of decorum. Sir Robert Walpole declared his opinion that as the Prince had plainly set himself at the head of the opposition, it was right to carry the war into the enemy's country ; and as they attack'd the King thro' the sides of his ministers, to return it by falling on the Prince's advisers. To this I replied that, as to such advisers as fomented this fatal division in the royal family, the harshest words, which language could furnish, were not too much ; but my objection was that, as the draft then stood, it comprized more, and might extend to all that came to the Prince, who happen'd to differ from the King's ministers in Parliament and did not come to Court ; that this would include some persons of the first quality and estates in the Kingdom, besides great numbers of others who were only misguided ; and as it was probable this paper might one time or other come before the Parliament, it might give rise to very disagreeable debates and questions there. The Duke of Newcastle and Mr Pelham fell in with my opinion, whereupon most of those expressions and epithets were at length struck out and that remarkable paragraph entirely chang'd and confin'd to the advisers of the Prince, wJio fomented the division in the royal family and thereby weakened the common interest of the whole, or words to that effect. " Before we parted it was agreed that a meeting of the whole Cabinet Council should be held on PViday, the 9th of .September, at 10 o'clock in the morning, to consider of this weighty affair, and the Lords summon'd the next morning (being Tuesday) to the end they might not want sufficient notice. " This day Sir Robert Walpole inform'd me of certain passages THE PRIXCE ORDERED TO LEA VE THE PALA CE i 79 between the King and himself and between the Queen and the Prince, of too high and secret a nature even to be trusted to this narrative ; but from thence I found great reason to think that this unhappy difference between the King and the Queen and H. R, H. turned upon some points of a more interesting and important nature than have hitherto appeared*. " On Friday, the 9th of September, the Cabinet Council met, at which were present the Archbishop of Canterbury, Lord Chancellor, Lord Godolphin (Lord Privy Seal), Duke of Grafton (Lord Chamber- lain), Duke of Richmond (Master of the Horse), Duke of New- castle, Earl of Pembroke (Groom of the Stole), Earl of Hay, Lord Harrington, Sir Robert Walpole and Sir Charles Wager**. Sir Robert Walpole opened the occasion of the meeting, and by the King's command acquainted the Lords with the several causes of displeasure which His Majesty had conceiv'd against the Prince; that for these reasons His Majesty was of opinion that the families must {or should) be separated, and desired their Lordships' advice as to the method of doing it; that His Majesty had order'd him to prepare a draft of a message to be sent to H. R. H. for this purpose, which he had shew'd the King the day before, and his Majesty had approved of; but Sir Robert took care to let the Lords know that the King thought the style of the draft full gentle enough. Then he read the several letters from the Prince to the King and also those to the Queen, and remarked upon the differences between those accounts of the fact which the Prince gave to the Queen, as well as to my Lord Harrington and himself, the morning after the labour, (which last he read from some minutes wherein both he and Lord Harrington agreed,) and the narrative contain'd in his first letter to the King. He laid much stress on these letters being only specious, empty words, without any assurances of an alteration * I asked my Father the me.ming of the dark insinuations in this para<;raph, hut he protested he did not then recollect the particulars. H. [They probably refer to the suspicions of the King and Queen that the Prince intended to foist a supposititious child upon them, to which the I'rince's inexcusable conduct in hurrying away the I'rincess from Hampton C(jurt gave some c(jlour. ilcivey, iii. 165. The King affected to believe the Prince himself to be a channeling {ib. ■276), and in 1725 had supported a plan of excluding the Prince from the Throne, of niakin;.,' him King nf Hanover and of choosing Prince William to be King of (Jreat Britain (Lonl ( li. King\ Diary, June 24, 1725, printed in King's Life of Locke, and Crokcr's edition of Lord Hervey's Mem. Ix.). But we are never told by the latter, or by any other contemporary writer, the original cz.\x^ii of the strange hatred of the King and <^)ueen for their son.) *• I), of Devon, gone for Ireland; D. of Uonset at Namur; D. of .Argyll in Oxford- shire; L. i'residcnt in Su.ssex ; E. of Scarbrough in Yorkshire, and not sufficiently recoverefl to attend business. 12 — 2 i8o LORD CHANCELLOR of conduct, and on the variances between the letters to the King and those to the Queen ; particularly that in the two last to Her Majesty, the words Your Majesty were never used but Madame and voiis only. Lastly he read the draft of the message. " It appeared by the looks and expressions of all the Lords present that they understood this, as they had reason, to be a communication of the King's determin'd resolution and pleasure, who was undoubtedly master of his family ; and as he had been highly offended, was to judge for himself how far he would forgive or resent. They took it, according to the expression before-men- tion'd, that their advice was asked as to the method not the measure, and therefore set themselves to consider the draft, to which some few exceptions were taken. Two were made by my- self, viz. : — in the first paragraph, to the words / cannot suffer myself to be imposed upon by them^ which seem'd to me too harsh and not adequate to the dignity of the persons concerned, and to the word rendezvous, towards the end, as being too low and coarse. In the room of the first I had before proposed to insert, I cannot, consistently with my oivn honour and authority, suffer them to have any weight with me; but in this I could not prevail. As to the term rendezvous, all the Lords concurring with me, it was left out, and the word resort was permitted to stand alone. The words, You shall not reside in my palace, were inserted on the proposal of the Archbishop, in the room whereof my Lord Godolphin offer'd, / think it not Jit that you sJiojild reside in my palace, of which I declared my approbation as expressing the King's opinion and properly introductive of his subsequent command to leave St James's. But Sir Robert Walpole assured us those words would not be thought strong enough. " Some few verbal alterations of little consequence were made, and -SO the message was agreed to, being in substance exactly the same as it had been laid before the Lords, and was submitted to the consideration of His Majesty, from whom it came to us." [The document was as follows' : " George R. " The professions you have lately made in your letters of your particular regard to me are so contradictory to all your actions, that I cannot suffer myself to be imposed upon by them. "You know very well, you did not give the least intimation to me or to the Oueen that the Princess was with child or breeding, until less than a month of the birth of a young Princess. You ' H. 522, f. },i; Ilervoy, iii. 236; and cf. 232. THE KING'S LETTER i8i removed the Princess twice in the week immediately preceding the day of her delivery, from the place of my residence, in expectation, as you have voluntarily declared, of her labour ; and both times, upon your return, you industriously concealed from the knowledge of me and the Queen, every circumstance relating to this important affair ; and you, at last, without giving any notice to me or to the Queen, precipitately hurried the Princess from Hampton Court in a condition not to be named. After having thus, in execution of your own determined measures, exposed both the Princess and her child to the greatest perils, you now plead surprise and your tender- ness for the Princess as the only motives that occasion'd these repeated indignities offer'd to me and to the Queen, your mother. " This extravagant and undutiful behaviour, in so essential a point as the birth of an heir to my crown, is such an evidence of your premeditated defiance of me, and such a contempt of my authority and of the natural right belonging to your parents, as cannot be excused by the pretended innocence of your intentions, nor palliated or disguised by specious words only. " But the whole tenour of your conduct for a considerable time has been so entirely void of all real duty to me that I have long had reason to be highly offended with you. " And until you withdraw your regard and confidence from those, by whose instigation and advice you are directed and encouraged in your unwarrantable behaviour to me and to the Queen, and until you return to your duty, you shall not reside in my palace, which I will not suffer to be made the resort of them who, under the appearance of attachment to you, foment the division which you have made in my family, and therefore weaken the common interest of the whole. "In this situation I will receive no reply. But when your actions manifest a just sense of your duty and submission, that may induce me to pardon what at present I most justly resent. " In the meantime it is my pleasure that you leave St James's, with all your family, when it can be done without prejudice or inconvenience to the Princess. " I shall, for the present, leave to the Princess the care of my grand-daughter, until a proper time calls upon me to consider of her education. G. R."] " The manner of sending it to the Prince was proposed to be by a message signed by the Kiiig at the top with his name at length, and with the two first letters at the bottom after the form of instructions ; and that an order sign'd by His Majesty should be delivered to the persons who should be charged with carrying it, reciting the message in liaec verba and commanding them to read it to, and leave it with, H. R. H. " It was also agreed that copies of this message should be privately deliver'd to the several foreign ministers residing at this i82 LORD CHANCELLOR court and other copies sent to the King's ministers residing abroad, as a species facti^ or narrative, of the King's reasons for this pro- ceeding with his son. " Other particulars were mention'd, and it seem'd to be the general sense of the Lords that they should be regulated in like manner as upon the separation in the last reign ; but it was thought proper to leave them to the personal discretion of the King himself, without offering any particular advice thereupon. " On Saturday, September loth, this message, signed as before mentioned, was sent to H. R. H. by the Duke of Grafton, Duke of Richmond and Earl of Pembroke, who had such a signed order, as is described above, for their justification." — This message of September lo was followed by the notice below: " Sept: I2th, 1737. Notice not to go to the Court of the Prince or Princess of Wales. " Notice is hereby given to all peers, peeresses, privy councillors and their ladies and other persons in any station in the service of the King and Queen, that whoever goes to pay their Court to their Royal Highnesses, Prince or Princess of Wales, will not be admitted into their Majesties' presence^" A few weeks later, on November 20, 1737, the Queen died, without seeing the Prince. The latter sent an intimation to the Chancellor, through Lord North, of his desire to be chief mourner at her funeral, but Lord Hardwicke was obliged to answer that the King had already chosen the Princess Amelia, an appointment which was, apparently, strictly in accordance with etiquette^ In the event, some part of the ill results arising from this unfortunate breach in the Royal Family, as foretold by Lord Hardwicke, who earnestly strove to repair it, was avoided by the early death of the Prince ; but the Princess survived to inculcate in her son a hatred of the Whig ministers and of Whig principles, with what success and with what deplorable consequences we shall see hereafter. During the course of this unhappy affair, the Chancellor had spoken on several occasions in the House of Lords. He had taken his seat on the Woolsack on February 21, the same day that he received, the Great Seal from the King, proceeding to the House directly from the Court"*. He gave strong support to the ministers in their resolution to 1 H. 522, f. 36. -• H. 238, ff. 43, 47. 3 H. 694, f. 86. THE PORT ROUS OUTRAGE 183 convict and punish the authors of the Porteous outrage, and the authorities who had failed in their pubHc duties^ He drew up a bill imprisoning and disabling the provost and the baillies of Edinburgh from holding office, and ordering the demolition of the city gates and the abolition of the town guard. It was strongly opposed by the Scottish interest, and notably by the Duke of Argyll- and his brother Lord Islay. To Sir Robert Walpole the latter, according to Lord Hervey*, declared that " My Lord Chancellor abused Scotland every day in such strong invectives and behaved himself with such pride and arrogance, that there was really no temper could bear it with patience," and demanded, " whether for the sake of Lord Chancellor's and the Duke of Newcastle's pique to him, he would resolve for the future to rule Scotland upon the foot of a conquered country." In the House of Lords some passages of arms passed between the Chancellor and the Duke of Argyll, "carried on," says Lord Hervey, " with as great decency as if there had been no rancour, and to a discerning eye with as much rancour as if there had been no decency." The Chancellor, in his reply to the Duke, had reflected upon "racers for popularity" and persons, who were actuated by factious instead of national interests, and these ex- pressions were taken by the Duke as intended for himself. He repudiated them with warmth, and hoped that he had mistaken the application ; because he had never failed to express the greatest friendship, he might say love and esteem, for Lord Hardwicke's person, as he had always entertained the highest respect for his station and character. The Chancellor replied handsomely that the Duke, of whose candour, integrity and abilities he entertained the highest opinion, was the last man in the world to whom his remarks were to be applied, which were intended in a general sense only^ The Duke of Argyll soon after openly joined the ranks of the opposition, and was dismissed from the army in 1739°; but his friendship and respect for the Chancellor remained unimpaired by political differences. Writing on September 15, 1740, Lord Glenorchy, after speaking of the discontent and ferment amongst the people in Scotland against the government, and at the saine time of the regard felt generally for the Chancellor, adds, " Tlie Duke of Argyll desired me to make his compliments to you not as a minister but as a gentlcjuau''." ♦ Pari. Nisi. x. 246. ' II. 238, f. 229. " H. 102, f. (>■ 1 84 LORD CHANCELLOR The penalties inflicted by the bill certainly do not seem of undue severity, considering the lawless and brutal nature of the outrage, and the weakness of the authorities. Meeting, however, with great opposition from the Scottish, as well as the Tory members, of the House of Commons, the measure, with Sir Robert Walpole's consent, but greatly to the Chancellor's concern, was whittled down to the disabling of the Provost Wilson from holding office, and to the payment of the insignificant fine of ;^2000, by the town of Edinburgh, to the widow of the unfortunate victim'. During the course of this debate, an interesting technical point had been raised as to whether the Scottish judges, who had been desired to attend the House of Lords to give evidence in this case, should, like the English judges, who were summoned by the King's writ, be heard from the woolsacks within the House, or standing at the Bar. The Chancellor spoke and voted against their claim and it was rejected by 6"^^ votes to 51, as was also a further proposal that they should be distinguished by being heard from the table. The Duke of Newcastle voted in the other lobby, and it is probable that this was the only occasion on which they were separated on a division I The next year heated discussions were held in both Houses on the occasion of the renewal of the annual militia bill, which was made a pretext by the opposition for moving the reduction of the army from 18,000 to 12,000 men. In the Lords, a great debate took place on March 9, 1738, in which the different attitudes and tempers of the speakers were vividly manifested. Lords Chester- field and Carteret ridiculed the idea of danger to the State, either from domestic disturbance or from foreign attack, deplored the increase of expenditure and declaimed in brilliant oratory against a standing army in time of peace. The Chancellor wound up the debate and spoke in a very different tone. He showed a wise appreciation of the dangers which impended both from enemies abroad and from malcontents at home, and was not afraid to state openly that one of the objects of the administration in maintaining the army at its present strength was to quell domestic and popular disturbances. At this period the army was practically the only force to which the civil power could have recourse for the common protection ' Coxe's Walpole, i. 493; iii. 36osqq. - G. W. T. Omond, The Lord Advocates of Scotland, i. 354 and see chap, xxvi., D. Forbes to II. Aug. 7, i739Sqq. "JENKINS'S EAR" 185 of life and property. It was not till a much later time that a permanent and proficient police was established, capable of dealing with all ordinary cases of disorder and crime. But the most striking parts in the Chancellor's speech were those in which he alluded to the probability of another Jacobite attempt, and warned the Lords of the greater chances which would attend such an enterprise compared with earlier ones, unless crushed at once by an armed forced The motion was finally negatived by 99 votes to 35. The opposition were much more successful in their next move against the government. Profiting by numerous complaints of the action of the Spaniards on the high seas, who exercised their right of searching English vessels suspected of contraband, they inflamed public opinion with great art, and succeeded in rousing formidable passions among the people, who clamoured for revenge and an immediate declaration of war. No doubt there are occasions when a great nation for the sake of its honour and its interests, or to avenge intolerable wrongs, may feel itself compelled to embark upon a war, and may rightly refuse to delay its action by con- ferences and discussions. The political dispute, however, between Spain and England at this period was one eminently adapted to the exercise of diplomacy and negotiation between the ministers of the two countries. Though Spain still remained a colonial and commercial rival in the New Worlds it was not for the interest of England to engage in a costly war to further weaken one of the already weaker powers of Europe ; still less, to throw that power into the arms of France and thus create a formidable combination to menace this country. Faults had been committed on both sides, as was well known to all better informed persons, and were all the accounts of Spanish cruelty and violence, including the celebrated incident of "Jenkins's Ear," well-founded, there existed also undoubted instances of similar outrages perpetrated by British subjects^ The conditions — ill-defined as certain of these were — 1 Pari. Hist. x. 479 sqq. and 555 ; Sir R. VValpole expressed the same opinion to Lord Hervey, Hervey's Metn. ii. 256. ■"■ See II. 561, f. 76. * According to the story, Jenkins was ill-treated by the Spaniards, who cut off one of his ears, and being asked concerning his feelings in this disagreeable situation, he answered, "I recommended my soul to Clod and my cause to my Country"; and this reply, together with the ear wrapped in cotton, aroused fierce indignation against the "barbarians." But cf. the anecdote quoted by Coxe, Walpole, i. 580 «. ; and the corre- spondence quoted in the English Hist. Review, iv. 74?, Rear Ad. Charles Stewart to the Duke of Newcastle, from Port Royal, October i?, 17.^1, "It is without doubt irksome to every honest man to hear such cruelties are committed in these seas; but give me leave 1 86 LORD CHANCELLOR laid down by the treaties of 1667 and 1670, had been systematically violated by the British captains and traders'. The matter was further complicated by claims made by the Spanish government against the South Sea Company, and by a dispute between the two nations concerning the boundaries of Carolina and Florida and the privilege of cutting log wood. The occasion, therefore, was obviously one which demanded the coolness, patience and resource of diplomacy, and not a hasty and ill-considered rush into hostilities. Various circumstances, however, made it impossible for wiser councils to prevail. Serious negotiations, owing to the procrasti- nating habits of the Spanish Court, had Httle chance of success. A secret family compact had been signed between France and Spain in 1733, with the aim of resisting the power of Great Britain. Moreover, Sir Thomas Fitzgerald, commonly called Geraldino, the Spanish Envoy, was completely in the hands of the opposition; and was more occupied with factious intrigues against Walpole than with the proper object of his mission. The King himself was inflamed with an ardent desire for military distinction, tired of treaties and dispatches and envious of the martial glory of his nephew, the King of Prussia 2, with whom he had already had some small, but violent German disputes concerning the improper enlist- ment of Hanoverians for the Prussian army, some cart loads of hay and a mill^ Popular opinion was strong in favour of the war. Such tendencies could only be resisted by a firm and united ministry. A serious difference of opinion, however, in the Cabinet now declared itself Sir Robert himself was for peace at any price. He was "averse to war from opinion, from interest, and from fear of the Pretender," writes the second Lord Hardwicke in Wal- poliana. " He told Mr Onslow (the late speaker) that he was not cut out to carry the truncheon ; that if there was a war, the King's crown would be fought for on this land." He believed not only that war would give a fatal blow to his own power, but that it would involve the country in all those foreign and domestic risks and dangers from which it is the particular glory of his rule that he had so successfully defended it. He desired his fame to rest on the long and happy peace which he had secured for his countrymen. to say that you only hear one side of the <|uestion ; and I can assure you the sloops that sail from this island, manned and armed on that illicit trade, has [jzV] more than once bragged to me of their having murdered seven or eight Spaniards on their own shore." ' Hervey, Mem. iii. 288; Coxe's Walpole, i. 560. - Hervey, ii. 35. ^ lb. i. 127. ATTITUDE TOWARDS THE WAR 187 " Madam," he told the Queen in 1734, "there are 50,000 men slain this year in Europe and not one Englishman... England remains in its full and unimpaired vigour^" The Duke of Newcastle, on the other hand, who throughout his career showed himself in favour of a " forward " policy in foreign affairs, was for war, or at least for an uncompromising insistence upon the claims now put forward against Spain. According to the custom of the day, he did not quit the administration, but endeavoured to press his views upon the Cabinet, spoke in favour of war in the House of Lords, and dispatched some strong instructions to Keene, the British minister at Madrid. Lord Hardwicke's attitude was somewhat different from either. He earnestly desired to avoid war, and saw all its perils and evils at that period for the nation, but at the same time perceived also the peculiar dangers of Sir Robert's policy of peace at any cost, and at any sacrifice. In the earlier stages of the discussion he supported Walpole". In the debate in the Lords, on May 2, 1738, he endeavoured, though unsuccessfully, to moderate the terms of the address to the King, pressed upon the House by Lord Carteret and others. He disapproved especially, but in vain, of the denial, in the address to the Crown, of the right of search for contraband goods which, in his opinion, between friendly states, could not be deemed an infraction of treaties or a violation of the law of nations, and the rejection of which was a deliberate challenge to the Court of Spain*. Great efforts were made after the prorogation of Parliament by Sir Robert Walpole to stave off the war, while yielding so far to the Duke of Newcastle and the war party as to send ships, not only to the Mediterranean, but to the West Indies. At the be- ginning of 1739, the celebrated Convention was signed with Spain. The English claims, which shrunk away to an insignificant sum of ;^95,ooo, while i5^68,ooo was demanded by Spain as due from the South Sea Company, were by no means satisfied, and all the ques- tions in dispute were postponed for settlement, within a reasonable ' Ilervcy, ii. 62, 40. See .also Hist. MSS. Comm., Earl of Carlisle, 150, where Sir Robert is reported as making, in the House of Commons, in P'ebruary 1735, the "comfortaljle reflexion that 100,000 men had already perished in the war (50,000 of them French) and many millions (jf money expended, yet not one drop of English l)lood spilt or one shilling of English money spent in it." * p. 216. ' J'arl. Hist. X. 754; N. 7, f. 280 and II. 58, f. 148, a long memorandum sent by the Chancellor to the D. of N. on this point as laid down in the treaty of Utrecht and former treaties. 1 88 LORD CHANCELLOR period, to a further conference. But provided that Spain was in earnest in desiring a peaceful accommodation, the Convention was a judicious temporary expedient, " a right preliminary measure " to a subsequent final treaty, and as such it was supported by the Chancellor, who had a considerable share in the drafting and final wording^ The country, however, and the Parliament were in no mood to acquiesce in the delays of negotiation, and on the opening of the new session, in February 1739, fresh attacks were made upon the ministers in both Houses, whose policy was defended by the Chancellor'^ These, however, were mere preliminary skirmishes to the cele- brated debate on the Convention, which took place in the Lords on March i, 1739, one of the most striking, perhaps, in the annals of Parliament, and of which the scanty reports still give us some idea of the dramatic interest aroused and of the talents and eloquence then displayed I The opposition were in a position of great advantage, as far as superiority in oratory was concerned. It is always an easy and a grateful task to uphold in glowing terms the honour of the nation, when no responsibility is involved ; and no subject lends itself to more brilliant declamation than a call to arms. On the other hand, the ministers had the less showy but the more arduous duty of defending a modest temporary measure of accommodation, which could only find its justification in future developements. The orators, too, were all on the side of the opposi- tion. Lords Carteret and Chesterfield both made great speeches, inspired by the presence of the Prince of Wales, who remained during the debate and voted against the government, and by a body of ladies who succeeded in forcing an entrance into the House in spite of the Chancellor's orders to prevent their admittance, and who showed their sympathies by alternate applause and derisive laughter^ Lord Chesterfield in particular surpassed himself in 1 He declined to draw it on August 17, 1738, N. 6, f. 301 ; but see his alterations and objections in H. 58, fif. 49-148, esp. f. 62, and N. 6, f. 444, 450, and N. 7, ff. 27, 352. 2 Pari. Hist. x. 1048. •' lb. 1091 ; H. 257, f. 10. ■* "The Heroines... presented themselves at the door at nine o'clock in the morning, where Sir William Saunderson [Yeoman Usher of the Black Rod] respectfully informed them the Chancellor had made an order against their admittance. The Duchess of Queensberry, as head of the s(juadron, pished at the ill-breeding of a mere lawyer, and desired him to let them upstairs privately. After some modest refusals, he swore by G he would not let them in. Her Grace, with a noble warmth answered by G they would come in in spite of the Chancellor and the whole House. This being reported, the Peers resolved to starve them out ; an order was made that the doors should SUPPORTS THE CONVENTION 189 eloquence and in the vigour of his attacks "One of his arts," wrote Thomas Herring, Bishop of Bangor, and afterwards Arch- bishop of Canterbury, to PhiHp Yorke-, the Chancellor's eldest son, " was to turn the eyes of the audience upon the tapestry, and bid them remember the transactions of that immortal navy, and then he ask'd whether there were any history looms at work now. He hoped not — with great emphasis." The Chancellor, when it came to his turn to speak, made no attempts to outbid the orators in their exalted flights. He dis- cussed in turn the points raised by the opposition in a calm, dispassionate tone, showed clearly that the right was not entirely on one side, but that Great Britain had claims which should be resolutely defended at the proper time; endeavoured to appease the violent passions which had been excited; expressed a strong disapprobation of running into a perilous and unnecessary war at that moment, reminded the House of the dangers to which such a war would expose the country — the probability of the junction of France with Spain, and of the union of the disaffected at home with the nation's enemies abroad — and finally, appealed for time and opportunity for negotiation, and declared his approval of the not be opened till they had raised their siege. These Amazons now showed themselves qualified for the duty even of foot soldiers; they stood there till five in the afternoon, without either sustenance or evacuation, every now and then playing volleys of thumps, kicks and raps against the door with so much violence that the speakers in the House were scarce heard. When the Lords were not to be conquered by this, the two Duchesses (very well apprised of the use of stratagems in war), commandeil a dead silence of half an hour ; and the Chancellor, who thought this a certain proof of their absence (the Commons also being very impatient to enter), gave order for the opening of the door, upon which they all rushed in, pushed aside their competitors and placed themselves in the front rows of the gallery. They stayed there till after eleven, when the House rose; and during the debate gave applause and showed marks of dislike, not only by smiles and winks (which have always been allowed in these cases) but by noisy laughs and apparent contempts." (Letters of Lady Mary Wortley Montagu, ed. by W. Moy Thomas (1893), ii. 38.) Another account in Atitobiography and Corres. of Airs Delany who was one of the "heroines" (1861, ii. 44). ' Pari. Hist. x. 1091 ; Lord Carteret's exaggerated oratory, however, was ridiculed by Sir C. Hanbury Williams in the Pandcvionium (Walpole's George II, i. 168). Cf. also Pitt's speech on the same suljject on March 8. " Some years after," wrote Burke in Letters on a Regicide Peace, i, "it was my fortune to converse with many of the principal orators against [Sir R. Walpole] and with those that principally excited that clamour. None of them, no not one, did in the least defend the measure or attempt to justify their conduct, which they as freely condemned, as they would have done in connnenting upon any proceeding in history in which they were totally unconcerned. Thus it will he. 'I'hose who stir up the people to imjjroper desires, whether of peace or war, will be condemned by themselves. They who weakly yield to them, will be condemned by history." - H. 257, f. 10. I90 LORD CHANCELLOR Convention which, in his opinion, was all that could be expected to be gained at the moment by a preliminary agreements The address of thanks for the Convention was finally carried by 95 to 74. In the House of Commons, however, the ministers' majority in the division on the same question sank to 28. A further angry discussion followed ; and the opposition, headed by Fulteney and Wyndham, ostentatiously, and with great eclat^ with- drew altogether from Parliament, returning, however, to their places not long afterwards. A few months later, on May 10, 1739, the Chancellor supported again the Government policy on the question of the Danish subsidies, a sum of 250,000 dollars, for which 6000 Danish troops were to be held in readiness^ Previously, on February 12, he had taken part in the pro- ceedings in the Lords against Paul Whitehead, the author of a poem entitled " Manners," in which the Court and members of the government were audaciously satirized. " My Lord Chancellor on this occasion," wrote Bishop Hare of Chichester, " made an excellent speech to explain the true meaning of the liberty of the press, which he said he found was not at all generally understood, that it was not a liberty to defame and libel, but that it was opposed to previous restraints put upon the press, as had been formerly done by licencers and other methods^" Hitherto Lord Hardwicke had given unfailing support to Sir Robert Walpole in resisting the popular demand for war. But by the summer of this year, 1739, events had developed in a manner very unfavourable to the maintenance of peace. The violence of the opposition had had its effect upon the Spanish as well as on public opinion in England. The domestic disputes in England were considered as a sure sign of weakness and confusion from which they drew encouragement ■*. They became cool on the subject of the Convention, and refused even to discuss the right of search, and delayed the payment of the sum due by the agreement till the English ships should be withdrawn from the Mediterranean. The Convention, in Lord Hardwicke's view, was nothing unless it led to a further and final treaty, and of this there seemed now no hope whatever. From henceforward, therefore, all his efforts, which had before been zealously directed to stave off the war, were now 1 H. 257, f. 10; Pari. Hist. x. 1147. 2 Coxe's Walpole, i. 608. * pp. 320-1 ; Hist. MSS. Conint., Hare, 243; Pari. Hist. x. 1330. * H. 58, f. 156 ; Hist. MSS. Comtn., Earl of Buckinghamshire, ■29-32. DIVISIONS IX THE CABINET 191 turned towards carrying it on with the greatest energy and efficiency. He was now practically in agreement with the Duke of Newcastle's measures and supported especially the expeditions to the West Indies, the favourite project of the Duke. Sir Robert Walpole, however, still remained wedded to peace. On the evening of June i, 1739, the Chancellor found him in despair, largely the result probably of now failing healths He endeavoured to arouse him from his inaction, urging that his chief difficulties originated in the widespread opinion of his fanatical attachment to peace, and that a new situation being created by the violation of the Convention by Spain, an opportunity now offered itself for a change of attitude and for a vigorous prosecution of the war without incurring the charge of inconsistency-. The Chancellor's representations seem to have made some impression at the time. But Walpole still clung to peace even after hostilities had begun. When his reluctance had been overcome so far as to make reprisals on the enemy, he still desired hostilities to be merely those of defence and to keep the fleet tied to the English shores, a fatal policy which gave all the advantage of attack to the enemy. In May 1740, the Chancellor and the Duke of Newcastle succeeded in carrying against him Sir John Norris's project of manning the ships in the emergency with foot soldiers^*. But the Duke of Newcastle's projects and expeditions, and especially those to the West Indies, were continually hampered, thwarted and sometimes countermanded, while later. Sir Robert agreed to, and even encour- aged, the fatal Hanoverian neutrality which completely disorganised the war plans of the Cabinet. As the divisions in the Cabinet grew more acute and became tiie subject of public comment, it was reported and believed by the meaner class of persons and by those who regarded politics merely as a game of personal intrigue, and deemed such conduct natural and probable, that the Chancellor and the Duke of Newcastle were engaged in a secret and treacherous conspiracy to effect Sir Robert's fall, and to establish in his place a ministry of their own. Robert Trevor, writing to the elder Horace Walpole at the Hague, on August 28, 1739, declared the general opinion in London, "of the Chancellor's and the Duke of Newcastle's having not only a set of ideas, but of friends too, distinct from those of your Excellency and your brother," and thought that he saw treachery in the ' Chesterfield's Letters (Bradshavv), ii. 752. - p. 222. 3 Harvey, iii. 373. 192 LORD CHANCELLOR " officious dehortation of your return and the insinuation of the necessity of an ambassador's presence at the Hague... started and urged from the otAer side of Holhorn^y On February 3, 1738, Lord Bolingbroke wrote to the Tory, Sir William Wyndham : "I love the Chancellor much, and I should therefore be very sorry to see him become the crutch of a battered minister. If he has engaged to a certain degree with the Pelhams, and if the Duke of New- castle's breach with Walpole is irreconcileable, why should not these circumstances be improved ? Why should not you cultivate such a coalition, being in friendship with one lately and having old habitudes with the other- .' " Lord Hervey, according to his own account, was especially active in attempting to instil into Sir Robert's mind suspicions of his fellow ministers. " At this time," he writes in April i737,"Lord Isla and Lord Hervey... were always telling Sir Robert Walpole that Lord Chancellor and the Duke of Newcastle were laying schemes to govern independently of him." " The Duke of Newcastle," Sir Robert Walpole was reported to have said, " was making great court to my Lord Chancellor, and that he proposed by that means to work himself into more power at present, and to be able to form a ministry of his own with my Lord Chancellor, in case any accident happened to Sir Robert." These malicious misrepresentations were constantly repeated, but failed to rouse Sir Robert into taking those extreme measures which his treacherous confidant no doubt desired in his own interests. Was Sir Robert Walpole resolved to submit to the dictation of the usurping Chancellor and Duke and commit to them his understanding and power ? " They don't govern me nor they shan't govern me," Walpole is declared to have replied, "but you hate the Duke of Newcastle and therefore never will imagine it possible he can do anything right. I see what he is about as plain as you do, but I am not prejudiced." Moreover, he resolved to go on with the Duke and the Chancellor and not " sour them by letting them know he saw last winter what they were nibbling at" and avoid eclaircissements, which only made enmities'. Lord Hervey, as usual, can conceive no motive for the conduct of men but selfishness and treachery. Vital and fundamental ' Coxe's Walpole, iii. 542. The Chancellor, who lived at Powis House, in Great Ormond Street, had written to Sir Robert urging for political reasons the importance of Horace Walpole remaining at his post. lb. 534, 546. 2 lb. iii. 507. ^ Hervey, iii. 92, 102, U2, 256, 258. PEACE MAKER 193 differences, however, between Sir Robert and the Duke of New- castle, concerning the war and foreign poHcy, and not any un- worthy intrigues, were clearly the real cause and origin of the disputes between them, which indeed soon extended to other matters and developed into a personal quarrel and dislike. A special cause of dissension between the two was the advancement, in April 1740, by Sir Robert, with the King's approval, but against the express wishes of the Duke, of Lord Hervey himself, a declared enemy of the Duke, but at present a favourite of the King and supporter of his Hanoverian measures, to the important office of Lord Privy Seal, a step which naturally aroused the Duke of New- castle's fears and jealousy^ ; and Lord Hervey, having successfully secured his footing in the Cabinet and triumphed over his adversary, no doubt took pleasure in fomenting these dissensions and alterca- tions. He recounts with some satisfaction, and to the Duke's disadvantage, certain scenes which took place in the Council. On May 6, 1740, the subject being a proposed remonstrance to the King on his journey to Hanover, "Just as Sir Robert Walpole was upon his legs to go away," Lord Hervey remarks, at the con- clusion of the Cabinet meeting, "the Duke of Newcastle said, 'If you please, I would speak one word to you before you go,' to which Sir Robert Walpole replied, ' I do not please, my Lord ; but if you will, you must.' ' Sir, I shall not trouble you long.' ' Well, my Lord, that's something, but I had rather not be troubled at all. Won't it keep cold till to-morrow?' 'Perhaps not. Sir.' 'Well, come then, let's have it'; upon which they retired to a corner of the room where his Grace whispered very softly, and Sir Robert Walpole answered nothing but aloud, and said nothing aloud, but every now and then ' Pooh ! ' ' Pshaw ! O Lord ! O Lord ! Pray be quiet. My God, can't you see it is over'-?'" Such .stories may possibly be the inventions or exaggerations of malice, but we know from the correspondence between the Chan- cellor and the Duke to what a dangerous height these violent jealousies and personal altercations in the ministerial councils occasionally rose''. At this crisis of affairs, both within and without, the Chancellor proved a veritable tower of strength. Making the best of a bad ' p. 229. * Hervey, iii. 370. .See also 362, when tlie Duke's imi)ortance and whispers to the Chancellor arouse the author's indignation. * Below, pp. 238 sqq. ; and Coxe's Walpole, i. 622. Y. 13 194 LORD CHANCELLOR bargain, which is often the supreme achievement of true statesman- ship, he urged with firmness, but at the same time with admirable tact and patience upon Sir Robert, the necessity of adopting active measures, and in particular the West Indian expeditions, persevering in spite of the minister's frequent relapses into indecision and vacilla- tion. On the other hand, far from encouraging, as we have seen him represented, from interested motives, a factious opposition to him, of which he was incapable, he maintained to the last friendly and confidential relations with Sir Robert^ endeavoured to moderate the demands of the Duke of Newcastle, and advised the postpone- ment of the discussion of all points of dispute which need not, or could not, in the King's absence, be immediately decided. He attended as often as his laborious judicial duties would allow, even when purely military problems were debated, at the meetings of the Regency Board and the Cabinet, where his calm influence vv^as needed to restrain the angry feelings and personal altercations which frequently threatened the disruption of the ministry, to keep the balance between the contending parties and to guide the helm of state at this difficult juncture of affairs-. In the House of Lords, a strongly worded resolution, equivalent to a declaration of war, was moved by Lord Carteret on June 4, 1739. The Chancellor spoke against it, no longer opposing or doubting the necessity of war, but because such a declaration was calculated, in the unprepared state of the forces, to place the country at a disadvantage. At the same time he affirmed himself to be by no means in favour of postponing the war, but of immediate action*, which caused Sir Robert, who was standing behind the throne listening to the debate, to call out sarcastically, " Bravo, Colonel Yorke, Bravo^ ! " The motion was defeated by 63 against 44. In August of this year, the Chancellor, accompanied by three of his sons, paid a visit of inspection, which caused some talk in the country, to the fleet at Portsmouth, where he was received with great enthusiasm by the admirals and seamen, and drank confusion ' There are no letters of any interest from Walpole in the Collection. The second Lord Hardwicke in a note appended to one (H. 238, f. 137) writes, "It is singular enough that this, and another letter of no consequence and shorter, are the only ones from this great minister which I could find." But Walpole was very sparing in his correspondence, and his letters are rare. - pp. -218, ■221 sqq., 229-241, 248-251. 3 Pari. Hist. x. 1409-21; Hist. MSS. Cofnm., Hare, 247, "The Chancellor spoke extremely well." * Walpoliana (by the second Earl of Hardwicke), 14. CONDUCT OF ADMIRAL VERNON 195 to the Spanish^ War was declared on October 19th amidst general rejoicings, and the new session opened on November 15th. The Chancellor's share in the debate was restricted entirely to the object of moderating " the heats, divisions and animosities," which were the subject of allusion in the King's speech. He invited the opposition and the country in general to abandon factious disputes and, now that the war had actually begun, to give a general support to the government-. This appeal, though animated with conspicuous good sense and wisdom and with the good humour characteristic of the speaker, met with no response. The opposition by no means desired a successful prosecution of the war by the government ; they wished for its failure, whereby embarrassments would follow and the down- fall of the prime minister might be secured. Their object was pursued with unrelenting persistence and un- scrupulousness. On February 28, 1740, the opposition attempted, though without success, to create a dispute between the two Houses on a point of privilege. A message had been sent to the Commons alone from the King asking for a vote of credit, and it was argued that this was an infringement of the privileges of the Lords. The Chancellor defended what had been done, though declaring at the same time that the Lords had never yielded to the Commons the sole and exclusive grant of supplies or the right to alter and amend money bills^ On a subsequent occasion, during the debate on the Turnpike Bill, March 12, 1741, he vindicated the privileges of the Lords more directly, re-asserted their right to amend money bills, and expressed his hope that they would never abandon it^ Another attack was made on April 15, 1740, when the govern- ment was censured for not having at first sent land forces with Admiral Vernon'^ to America. This officer succeeded in taking Portobello in November 1739, a capture soon to be relinquished, but failed at Carthagena and at Santiago in Cuba. Being a member of the opposition and M.P. for Penryn, both his petty success and his more serious failures were made occasions for factious abuse of the government. The objects aimed at by the expeditions indeed presented ' p. 225 ; \\. 257, ^L 20, 22; H. 238, f. 180. '■i Pari. Hist. xi. 60. ' Il>. 452, 461, 480. ■• lb. xii. 144. ^ Edward Vernon (1684-1757), son of James Vernon, Secretary of State; served under Sir Clowdisley Shovell in the Mediterranean, and afterwards in the Baltic. 13 — 2 196 LORD CHANCELLOR considerable difficulties and the conduct of the commanders was not calculated to overcome them. General Wentworth, who led the land forces after the death of Lord Cathcart, and who joined Vernon in January 1741 with 9000 men and with a large naval reinforcement under Sir Chaloner Ogle of 25 ships of the line, was hopelessly deficient in ability and experience. According to the naval view, the General and his troops were only a " clog " upon the movements of the ships and sailors, and destroyed the chances of success ; while according to the account of the Chaplain-General of the land forces, the Admiral's behaviour was that of a madman^ Moreover, jealousies and quarrels soon made common action impossible. In the scandalous incidents which took place, contemporaries thought that they saw a cause deeper and more malignant than ordinary military incapacity, and believed that the national interests had been deliberately and treacherously sacrificed by the Admiral to the exigencies of a disloyal faction at home. To these suspicions colour was given by the publication soon afterwards of the intimate correspondence between Vernon and Pulteney in which the latter, using the same fatal reasoning which later seduced and destroyed the unhappy Byng, does not scruple to urge the Admiral to avoid " an over eager zeal for your country's service," and being "drawn into risking any enterprise that may be too hazardous"; since all failure to make further progress could only be imputed to the ministers^ These misgivings, moreover, were strengthened further by the conduct of the Admiral himself who, on his return, showed himself a mere tool in the hands of the opposition, joined openly the ranks of faction and having written several anonymous pamphlets against the administration and published his official correspondence, was finally dismissed from his rank in the navy in 1746. " What ample revenge," exclaims Horace Walpole with some justification on this incident, " every year gives my father against his Patriot enemies ! Had he never deserved well himself, posterity must still have the greatest opinion of him, when they see on what rascal foundations were built all the pretences to virtue which were set up in opposi- tion to him-' ! " In the debate now raised with these factious objects, the Chancellor, in support of the administration, declared that those ^ pp. 254-8, 267, 276; Diet. Nat. Biog., Ed-ward Vernon, by Professor Laughton; Coxe's Walpole, i. 635; T. Wright, England under the House of Hanover, i. 171. - Original letters to an Honest Sailor, 9 ; cf. chap. xxiv. •' Letters, ii. 301. OPPOSITION ATTACKS 197 pilots were the fittest to govern the ship who had endeavoured to avoid the storm. Everything that was possible had been done. By the nature of our constitution we must be slower than other nations in some things. Noble Lords must be content, otherwise such continued fault-finding would make the fate of those who served the Crown intolerable. The motion was finally lost by 62 votes to 40'. In the next session, in November, an attack was made under the form of the address in answer to the King's speech and again defeated, the Chancellor declaring that he " never rose up with greater consternation than at present, to think what construction will be made of this deliberation^" A series of debates followed, all on the same lines. Lord Bathurst moved on December ist for the production of Admiral Vernon's instructions, which, as well as the demand for his correspondence, was refused by the Chancellor and the ministers as prejudicial to the national interests^ He con- sented, however, to the production of the correspondence concerning supplies, an unwise concession, as it proved, since the Admiral's letters, whose role it was to declaim against Walpole on all occasions, contained many bitter complaints on this subject which formed useful material for the attacks of the opposition. Then followed the demand for the instructions of Admiral Haddock, who had done some good service in the Mediterranean by securing Gibraltar and Port Mahon from attack, by protecting the trade and blockading Cadiz, but who was accused of inaction. The Chancellor appealed to the opposition to exercise some moderation and to cease from thus factiously embarrassing the government, and renewed again his warnings of the disasters which must result from such internal dissensions in time of war. It was his conviction, in spite of the Duke of Argyll — whose character and military experience added weight to his adverse criticism, and which he therefore regretted the more — that everything possible had been done in the prosecution of the war. No case against the government had been made out. There was nothing to go upon but vague clamours and murmurs, such as attend the prosecution of all wars, supported by scurrilous libels, not only aimed at the ministers, but at the King himself, which the people, always disposed » Pari. Hist. xi. 586. " lb. 616, 629, 675; an account of this debate in a letter of I'. Yorke, the Chancellor's eldest son, to the Club at Canihridj^e, II. 2K5, f. 5. ^ Purl. Deb. xi. 700, 756, 760; II. 2H5, f. (^. 1,98 LORD CHANCELLOR to complain of their rulers, swallowed greedily. Let noble Lords then, if they were so bent upon inquiries, inquire for the authors and publishers of these libels and put a stop to this increasing evil. He warned the House that an examination into the conduct of the \vz.x, flagrante bello, would be attended with great danger, by making public the plans of the government, especially when so many strangers were admitted to their Lordships' debates. " This, my Lords, is really inconsistent with the dignity of this assembly ; you depart from your ancient dignity when you admit of such an audience ; and the misfortune which necessarily attends it is, that what is said or done in this House is too often made a handle of for inflaming the minds of the people and for raising these clamours and discontents without doors, which are afterwards made use of as arguments for influencing our proceedings within. But such arguments I shall never allow to have any weight with me, and as they seem to be the chief arguments in favour of this motion, I must therefore declare myself against it^" The motion was rejected by 58 votes against 41 1 Another debate followed, on December 9th, on the state of the army, introduced by the Duke of Argyll, who derived great prestige from having served as an officer in King William's campaigns. He criticised especially the excessive number of officers and the multiplication of regiments, denounced the in- capacity of the war office, and argued that the army with its discipline, training and disposal should be subordinate to a military and not to the civil power. The Chancellor in reply began by modestly disclaiming any right to speak with authority on military affairs or to balance his own opinions against the noble Duke's knowledge and experience. " I would not expose myself to the censure of having harangued upon war in the presence of Hannibal." Some objections, however, he would venture to make. He trusted that he should never see in this country an army placed only under a military direction and free from the control of the civil power. Such a force would quickly become a body distinct from the rest of the community and independent of it, a government regulated by its own laws, outside the general constitution of the state and which would soon find itself inclined to use its military powers either to extend its privileges or to revenge its slights. " How ^ He voted against the attempt to admit strangers in 1742, as proceeding from a "spirit of faction and low popularity." N. 195, f. 353; and see chap, xxviii. H. to N. June 7, 1758. ^ Pari. Hist. xi. 773, 813. FINAL ASSAULT 199 soon, my Lords, might such outrages be expected from an army formed after the model of the noble Duke, released from the common obligations of society, disunited from the bulk of the nation, directed solely by their own officers?" These were the very dangers of a standing army from which it was the duty of the government to defend the nation. As for the military experts, though he could by no means venture to set up an opinion against theirs, yet it was difficult to follow their advice till they were a little agreed amongst themselves. He excluded himself, but hoped that others would always be found in civil offices of sufficient skill to give directions on military matters. He concluded his speech with some sound Conservative maxims and by warning the Lords not to be beguiled into doctrinaire politics. Nothing was more dangerous than unnecessary innovations, for the parts of the con- stitution like a complicated machine were fitted to each other, and when one was changed, in the pursuit of an impossible perfection, another must be, till the original constitution was entirely destroyed^ Next year, on January 28, 1741, another motion to produce Admiral Vernon's representations for more ships was successfully resisted, and on February loth a scene of some disorder took place in the Lords. The ostensible motive of the disturbers was the competition for the best seats near the fire, but the real design was, in all probability, to obstruct government business. The Woolsack, we are glad to find, was considered the warmest and most comfort- able place in the House, and Lords occasionally, attracted by its advantages, ventured to seat themselves upon it. These and similar irregularities now having attention drawn to them, the Chancellor directed the Lords to take their proper places. The Duke of Bedford declared that " it was nonsense that Lords should take their places without knowing them." The Chancellor then directed the Act for placing the Lords to be read. Lord Sandwich : " I know not where to sit." Duke of Bedford: "The Act of Parlia- ment will not let me." At length order was restored and the debate of the day proceeded with^ But these several incidents and attacks upon the administration, the course of which we have now followed, were only preliminar)' to the grand and final assault of February 13, 1741. In the Lords, Lord Carteret, in moving a resolution for an address to the King to remove Walpole " from his presence and counsels forever," delivered a most able and telling speech, reviewing exhaustively the foreign ' Pari. Hist. xi. 918, 1016. - /A. xi. 1040. 200 LORD CHANCELLOR and domestic transactions of the government and basing upon them a severe condemnation of the minister. He especially criticised the Treaty of Hanover and the subsequent alliances contracted, which he represented as a mere subordination of the interests of England to those of France, and condemned the financial policy of the minister and his methods of government and patronage. But he spoke with moderation, concluded with repudiating any desire to injure, and moved not for the minister's impeachment but only for his removal. The Duke of Argyll fastened upon the bribery, the private pensions, the corrupting political system practised by Walpole, the waste of public money, the mismanagement of the war, the bad appointments. He accused him of being sole minister, of having gathered into his own hands the whole power of the State. Every man, he declared, who wanted anything, must go twice a week to his house. He concluded with a quotation from the scriptures : " Take away the wicked from before the King and his throne shall be established in righteousness." The Chancellor spoke next. He declared that not a single reason had been advanced for the motion. No facts whatever had been stated and no proofs — he did not mean legal proofs, but not even parliamentary evidence. " The way here taken is to indulge every inclination, every suspicion. This question concerns your Lordships more than this gentleman. Consider, my Lords, how far any inclination to wound him, may wound yourselves and your posterity." Strong differences of opinion in politics must be expected and welcomed under a free constitution, but those which arose from regard to the public good must be distinguished from those which proceeded from private animosities. Ministers were not more infallible than other men. They were equally liable to the same passions and affections, and their failures would be forgiven, except by their personal enemies and those immediately ambitious of succeeding to their places. Besides, they never wanted enemies from among the people, always wont to clamour and complain against their governors, and as to patronage, which had been declared the chief source of a minister's power, it was in truth the principal cause of enmity against him ; for out of a dozen candidates for a place, while one was satisfied, eleven disappointed persons became diligent propagators of every popular cry against him. The relations between ministers and the people in time of war might be well compared to those between THE CHANCELLOR'S SPEECH 201 attornies and their clients in a lawsuit. As long as the suit went on and the client saw no bills, he was perfectly satisfied; but the least delay, from whatever cause, occasioned complaints against the solicitor's conduct, and even when the matter was brought to a successful issue, the bill was seldom paid without murmurs. The military expenses now incurred and the heavy taxation of the people were the inevitable consequence of the political situation abroad. The Treaty of Hanover was necessary to ward off the continued attacks upon this country of Spain and Austria\ and through the treaty the latter had been obliged to give up the Ostend Company as well as all its hostile schemes against Holland, France and England. Afterwards, it was the proper policy of this country to seek a reconciliation with Spain, which she achieved in the Treaty of Seville. These treaties had been approved in the strongest manner by Parliament, and the only fault of ministers was to have preserved the nation in peace and tranquillity, at the same time that they prevented any material alteration in the political system of Europe. With regard to the charge that Sir Robert had aimed at being " sole minister," he pointed out that there had always been some person in the King's particular confidence, and such a status involved no violation of the con- stitution. He did not believe that the minister, as the noble Duke had asserted, was generally suspected of designs against the liberties of the people; but in any case such a suspicion could not form a proper foundation for a resolution in that House which made a man appear on record as a weak or wicked minister. No proof was offered but merely notoriety and common fame. Let their Lordships not follow bad precedents and brand and condemn a man to all posterity without a hearing or without evidence. It had been urged that the resolution involved no punishment, but was merely advice to the Crown. But the House of Lords was a fixed, stable and permanent body, more regular and orderly in its proceedings than the House of Commons, not so liable to fluctuation or to irregular impressions from popular prejudices, and which observed the rules of law and equity in its judgments, proceeding deliberately upon clear evidence. Moreover, their Lordships' House was one of judicature, not of accusation or presentment. When they deviated therefrom, they departed from ' He, however, in later years declared the treaty to have l)een a ^rave error, as contributing to the excessive power of France. See chap. xix. N. to II. Nov. \\, 1748; II. to P. Y. Oct. 12, 1751. 202 LORD CHANCELLOR their dignity, and might give an extra-judicial opinion in a case that perhaps would come before them for judgment. This pro- ceeding was of the nature of a criminal appeal to their Lordships' House which entailed great mischiefs. If the necessity of proof should be taken away, resentment, ambition, avarice, malice, the lowest passions of the worst men would be evidence. Let every Lord lay his hand on his heart and determine whether he should think himself justly dealt with to be so judged. Further, this was an attempt to condemn the whole series of measures in the King's reign and part of his father's ; to condemn several of the King's speeches and the proceedings of three Parliaments ; to censure many persons who had more hand in many of the transactions than the gentleman accused, and that upon a sally, rather than the deliberation of one day\ " I heard that debate in the House of Lords," says the second Lord Hardwicke, " the finest I was ever present at there, as so many first rate speakers took part in it, each of whom had a peculiar manner. This will be readily admitted when I repeat the names of Lord Carteret, Duke of Argyll, Lord Hervey, Lord Lonsdale, not to mention the noble Lord who presided on the woolsack. Lord Chesterfield was then too much indisposed to speak, but he voted in the minority. Let me add that the late Duke of Newcastle (though oratory was not his talent) performed remarkably well that day in reply to Lord Carteret-." The discussion lasted for 1 1 hours, and the motion was finally rejected by the large majority of io8 to 59, 136 peers being present and voting. The same motion in the Commons, when Sir Robert somewhat disconcerted his adversaries by a positive refusal to withdraw, and made a courageous defence of himself, was defeated triumph- antly by 290 votes to 106, the majority being largely increased by the unexpected withdrawal from the opposition of the Jacobites and most of the Tories, occasioned probably by the delusive communications which were carried on by Walpole with the Pretender's agents about this time^ Great developements now took place in affairs abroad. The signal for a general European war had been given by the sudden ^ Pari. Hist. xi. 1056, 11 17, 1194. Notes of his speech, II. 528, f. 80, and further particulars, H. 285, f. 7. See also H.'s speech in the debate April 9, 1741, in support Of supply for the war, Pari. Hist. xii. 152. '^ p. 252 ; WalpoUana, 15; Mrs Montagu's Corr., by E. J. Climenson, i. 104. •* See below, p. 204. HANOVERIAN NEUTRALITY 203 and treacherous invasion of the dominions of Maria Theresa, the Queen of Hungary, on December 23, 1740, by Frederick of Prussia. He was joined in his depredations by France, Spain, and the rulers of the smaller states, who all hoped for a share in the spoil, England alone, among all the powers who had signed the Pragmatic Sanction, which guaranteed the dominions of the Emperor Charles VI to his daughter, came to her support and contributed a grant of iJ^3(X),ooo. The attempt of Walpole to make peace, by persuading the Queen of Hungary to cede the coveted territory in Silesia to Frederick, was unsuccessful ; and the projected alliance in 1740 with Frederick of Prussia, which aimed at his detachment from the French by the offer of concessions in Julich and Berg, proved also abortive, one principal cause of the failure being the attitude of King George himself, who insisted on obtaining Hanoverian concessions equal to those gained by Frederick. The great object of the war, the arrest of the encroaching power of France, was completely neglected, and, as the Duke of Newcastle declared, " This country is to go into a war with France to procure great acquisitions for the King of Prussia and as great ones for the Elector of Hanover; and, what is still worse, the more extravagant the King of Prussia's demands are, the better they will be liked, since the greater advantages will be to be obtained in return^" These negotiations failing hopelessly, England became involved in the continental war, and in all the heavy responsibilities which Walpole had always dreaded. His supremacy and power, in- vincible in time of peace, became now exposed to various perils from the fortune of war, which declared itself definitely against England, The disasters at Carthagena and Cuba became known, and also Admiral Haddock's failure to intercept the Spanish fleet sailing to attack the Austrians in Italy, No success attended any of the naval movements. France openly joined Spain in war against this country. The merchants suffered from severe losses. The public exasperation rose to fever height, while the various military failures contributed to the ill-humour and dis- sensions within the Cabinet. But the death-blow to the ministry came from another quarter. The King had gone abroad to Hanover in May 1741, ostensibly to organise assistance for Maria Theresa; but on the approach of the P'rench army, he hastily concluded, with the assistance of ' pp. 243 sqq. ; also N. 9, f. 339. 204 LORD CHANCELLOR Lord Harrington, who had accompanied him, a convention of neutrality for Hanover for one year. The gravity of this step can be realised when it is remembered that all the sacrifices made by England for Hanover could only be justified, and had only been recommended to Parliament, on the ground that the electorate would join forces with this country in resisting French aggression and assisting the Queen of Hungary, and that situated, as it was, between Prussia and France, it would form a valuable point d'appui for military operations. The sacrifices had been made, the opportunity had now arisen, but the King had suddenly betrayed his ministers and the country. The whole scheme of war and foreign policy, elaborated by the Duke of Newcastle and the Cabinet, was overthrown. Former treaties were repudiated. The French and Bavarians in alliance with Prussia were enabled to pour into Bohemia, in August 1741, and capture Prague, and the Elector of Bavaria in 1742 was crowned Emperor. The worst insinuations of the opposition were now completely justified. Most disastrous of all, Sir Robert Walpole, still clinging to his fatal peace policy, now supported the King's action, though he had not himself originated it\ and thus immeasurably widened the breach between himself and the Duke of Newcastle's party. For these there was nothing left now but to endeavour to emphasise the distinction between the acts of the King of England and those of the Elector of Hanover, to repudiate responsibility for a policy which they had no share in determining, to urge upon the King an immediate return to England, and to await the ruin of all their schemes abroad, and the inevitable fall of the administration 2, This could no longer be retarded. Walpole still clung to power. He turned, as a drowning man snatches at a straw, to negotiations which could not serve him. He even made overtures to the Prince of Wales, offering him his extra ;^50,ooo a year, but the Prince " rejected the advance with dislike^*." * p. 259; Walpoliana, 15; Coxe's Walpole, i. 685. " p. 268 ; one of the worst consequences was the mistrust excited in Holland. ^ Walpoliana, 15; and see above, p. 177; Coxe's Walpole, i. 692; iii. 585. The story of his application to the Pretender is based only on a letter of James dated July 10, 1739, addressed to the historian Carte and delivered to Walpole himself by the latter in September, in reply to another from an unknown person expressing goodwill for the Jacobite cause; printed in Stanhope, iii. app. xlviii. ; evidence of other communications in 1734 is to be found in Hist. MSS. Cotnm., J. Eliot Hodgkin, 235. But as the second Lord Hardwicke states in his Walpoliana, "Sir Robert Walpole, in the course of his ministry, received more than one letter from that person [the Pretender]; he FALL OF WALPOLE 205 In the new Parliament, which assembled in December 1741, he only obtained the slender majority of 14. In the House of Lords, the Chancellor continued to give his support, on January 28, 1742, especially, defending the government's administration of the island of Minorca and particularly approving of the religious tolerance and of the maintenance of the Roman Catholic religion in the island, to which objection was made by the opposition'. In the House of Commons, however, Walpole, after gaining one more triumph, on January 18, over his adversaries, by a majority of 3 and delivering a speech, acknowledged even by his ad- versaries as one of his greatest achievements in debate, was defeated a few days later on an election petition. He was still eager to continue the fray, but at last, urged by all, even by his colleagues and supporters, he made up his mind to resign. He took an affecting farewell of the King and retired, after his long tenure of office of 20 years, to the House of Lords, as Earl of Orford. He was " the best man, from the goodness of his heart,... to live with or live under, of any great man I ever knew," said Speaker Onslow; "the greatest House of Commons minister we ever had^" wrote the second Lord Hardwicke, who was well ac- quainted with him, and was not blind to his failings or to his errors; and time has not obscured but enlarged his fame as a statesman. On February 3, the Chancellor signified His Majesty's pleasure that Parliament should adjourn, and thus closed one of the most dramatic and striking chapters in the political history of England. Soon after his accession to the Chancellorship, Lord Hard- wicke had moved from his London house in Lincoln's Inn Fields to Powis House, an imposing building, situated on the site of the present Powis Place, Great Ormond Street, and formerly the carried them immediately to the King and had the precaution to have the King's name G. R. subscribed to each letter, as a proof tliat he had communicated them. ...Sir Robert was from his first appearance in public life uniformly and steadily attached to the protes- tant succession and never was suspected of the least deviation from that principle. The same cannot be said of (others, and it was perhaps his particular merit." This statement is further supported l;y Walpole (Letters, i. 247). The communications were no doubt encouraged to disarm the Jacobites and to learn their projects, and were po.ssibly the cause of the defection of the Jacobites from the opposition in 1741. See p. 529 n. ; Dnt. Nat. Biog., s. Walpole; and W. King's Anecdotes (1819), .^6s(j(|. ' J'arl. Hist. xii. 382. - Walpoliana, 17; Hist. MSS. Comtn., Earl of Onslow, 473; Coxe's WalpoU, i. 693; Sir Robert Peel's character of Walpole in Lord Stanhope's Miscellanies (1863), i. 83. 2o6 LORD CHANCELLOR dwelling of the French Ambassadors which remained his residence during the whole of his long tenure of office. Shortly after his establishment here, he acquired in 1740 the Wimpole property in Cambridgeshire from the second Earl of Oxford, son of the celebrated minister, and collector of the Harleian ManuscriptsS for the sum apparently of ^^"86,740, an amount increased by the Chancellor's subsequent expenditure on improvements by ;^ 16,000*, and by later purchases of adjoining lands. The house was said to extend over two acres and to have a length of 420 feet. The centre block had been built by Sir Thomas Chicheley in the i6th century ; additions were made by Lord Oxford, in particular the wing consisting of the large library constructed for the housing of the valuable Harleian Manuscripts ; and Lord Hardwicke now carried out various improvements in the facade and interior, including the building of a large bow window in the principal drawing room, and the addition of a wing for new stables. A Gothic ruin, according to the fashion of the time, was erected in the parks He also pulled down the greater portion of the old 14th century, Gothic parish church, leaving the Chicheley chapel with its tombs and beautiful glass intact, and preparing for himself and his family a burial place on its east side. He raised on the site of the former building in 1748-9, at the cost of about i^i,000, a new church of classical style, which by no means compensates for the loss of the earlier structure, but which remains an interesting monument of the Chancellor and of the taste of his century'. The large park, with its long green stretches and fine timber, presented many attractions; while its chief feature was the famous double avenue of great elms, three miles in length, which extended, as the principal approach, in a direct line from the Royston road to the house. Wimpole was advan- tageously situated, being near enough to London to enable the Chancellor to often escape thither from his arduous official duties, ^ Wheatley's London, iii. 119; Noorthouck's Hist, of Londoft, bk v. 746; bk i. 304. The building was pulled down between 1773 and 1777, Nos. 50 (in which Lord Macaulay lived), 51 and f)2 being built on part of the site. 2 p. 244. 3 H. 880, ff. 91, 170, 180-2 ; Add. Charters (Brit. Mus.), 44,742. In 1738 we find him lending ;<"i6,ooo at 3A per cent, to " Mr Erie of Heydon," Hist. MSS. Comm. Rep. xi. (4) 356. 4 L. Dickins and M. Stanton, An iStA Century Corr. 193, -271-2. The present large block of stables is, of course, of much later date. ^ H. 28, f. 19; H. 331, ff. 14-16; Add. 5848, f. 428, and 5823, f. 132, where there is a drawing of the old church. PURCHASE OF WIMP OLE 207 and yet far enough to occasionally excuse his attendance at the ministerial councils. It was also only nine miles from Cambridge, where his sons were educated, in which university he now began to take great interest, and of which he was elected High Steward on July 5, 1749, an office which was held by his descendants in succeeding generations for many years afterwards. In 1753, he received the honorary degree of LL.D. from the university^. The purchase of this large landed estate brought with it great local and political influence, and the Chancellor did not break into the sacred ring of Whig landowners and political magnates without arousing some jealousies. Wimpole soon became the centre of political interest in the county, which was the only one in the election of 1741 to return all Whig members. The Chancellor was not long after offered the Lord Lieutenancy, but delegated the office to his eldest son, the latter also sitting in Parliament, as member for the county, from 1747 till he succeeded his father in the peerage. Lord Hardwicke now spent many happy years at Wimpole, enjoying the country life, the opportuni- ties for riding and exercise, the relaxation from the incessant labours and anxieties which attended him in London, and always returning from business with delight to his home life and the society of his children who, now growing up to maturity, gave signs of fulfilling their parents' most sanguine expectations. All the Chancellor's sons, with the exception of Joseph, who entered the army at the early age of 16, in April 1741, after leaving Hackney School entered Bene't College, now Corpus Christi, as fellow commoners, where they were known as " the studious Yorkes-," and showed a remarkable aptitude for letters. This was especially the case with the two elder brothers, Philip and Charles-'. When still at college they had planned a work, entitled Athenian Letters or the Epistolary Correspo)idence of an Agent of the King of Prussia residing at Athens during the Peloponnesian War, which, begun in 1739, was published in 1741 and 1743 in four volumes'*. The greater part was their com- position, other contributors being Thomas Birch (who signs his contributions />), Henry Coventry {C), John Green, afterwards Bishop of Lincoln {G\ Samuel Salter, their tutor, afterwards ' His speech to the Vice-Chancellor, H. 244, f. 74. ••« C. C. C, by U.V. Stokes. 139, 149. ^ Philip joined the college in 1737 and left in 1740; LL.D. 1749. Charles went into residence June 13, 17.^! M.A. 1749. * Note by C. Y. in the copy in the library at Wimpole. 2o8 LORD CHANCELLOR Master of the Charterhouse (5), Catherine Talbot, the "celebrated Miss Talbot," daughter of William Talbot, Bishop of Durham, brother of the late Lord Chancellor, an accomplished lady and intimate friend of the family (7^), Daniel Wray ( W), G. H. Rooke, afterwards Master of Christ's College (/?), John Heaton of Bene't College (-//), John Lavvry, a cousin, afterwards Prebendary of Rochester (Z), and W. Heberden {Ey. Though not a book of much interest for modern readers, at the time of its appearance, when Greek authors were so little familiar to the general reading public and when scarcely any good translations from their works existed, it was welcomed as a vivid and striking reproduction of the epoch and its spirit, while it appealed to those versed in classical literature and history by the intimate knowledge of those subjects which it exhibited, and it is still described by Sir Henry Ellis, in 1840, as "the best commentary which has yet been written on Thucydides-." The secret of its authorship was kept with great strictness^ It had a considerable vogue, both in England and abroad. At first limited to the small number of ten copies, it was republished later, in 178 1, in one volume, when 100 copies were printed, with the omission of some letters contained in the first edition; in 1798, in two volumes, quarto, in consequence of a pirated Dublin edition of 1792; and in 1810. In 1800 an edition was published at Basle ; and it was translated twice into French in 1803. Charles, who had a large share in its composition, early showed signs of great intellectual power. He was regarded, even while still at college, as one of the most promising and interesting men of the rising generation*; and while scarcely more than a boy, had attained ripe scholarship and was on intimate terms with some of the leading spirits of the time, corresponding with Warburton, Birch and Montesquieu. He was admitted to.the Middle Temple, December i, 1735, and migrated to Lincoln's Inn on October 23, I742^ He appeared destined by every circumstance of his birth, character and abilities to succeed his father as Head of the Law; and beloved and admired by a large circle of friends, seemed to be standing on the threshold of a brilliant and happy career". 1 Biog. Anecdotes of D. Wray, by G. Hardiuge (1815), 33 ; J. Nichols, Illustrations, i. 33. - Add. 36,653 (8), f. I. •' H. 48, f. 54. ■* Letter from F. Aylmer at Cambridge, July 23, 1740: "If he continues in the same prudent conduct there is no science or profession of life... in which he will not make a very considerable, or rather a very eminent figure." H. 238, f. 265, printed in Harris, i. 478. '' Lincoln's Inn Black Books. * See further, chap. xxi. THE CHANCELLOR'S FAMILY 209 (A cd ^ D JC CA! ^ V , & ►3 hi a i m »J c" ^ > cl u "H v> u ^ >-. :-4 c« ^-( »4 11 *j 3J 'V C3 s o J2 n c4 '»' ^ ^ TD C c ci )-■ H) m (1< Um cd ,C ^^ n »^ U3 >i ■i-) -o rt -1 fa 5? J= (/) !- ^^ w- CJ '^^ OJ , l; rt s S 01 (U w P D O rt T o • »i^^ '"^ tr. '*^ g o ^ « 5 -_i| -t- rt ^i a- j: ^ 1) 1) •— g c •- c <*' - , K> rt — .!* 1; '■"=: J = t: j3 w '::•;; a. a, ' s :- o; *J -. c j_ ri ^^ u ^. 1) o aj a; C > OJ :3 J „ g a cd oxs vt 4-1 a 55 'Ja S S « rrt 11 E fS A -n H c II ^ rs ' — »vo >^ >o ^ ^ H "i^ J= n -J }-4 rt 'J »r-l M - <5 x> >'o r^ , 1 , , • "^ ri -t- 1 - Ov« H. 58, f. 209.] [On July 19th, 1740, the Chancellor wrote to his old friend, the Duke of Somerset, at the desire of the Duke of Newcastle, to engage his interest in returning Henry Pelham and James Butler to Parliament for Sussex.] Duke of Somerset to the Lord Chancellor [H. 238, f. 263.] Pettworth, /«/)' the i.\th, 1740. My Lord, Your Lordp. is very just and right to esteem mee in the numbers of your particular ffriends and humble servants becaus it is a solide truth that I am and that I shall always continue soe to bee. 1 am very sorry that now in my private and retired part of life and by fformer engagements, I can not I can not {sic) obey every article of your comands, for as my principles hath their ffoundations established on the fundamentall principles of the true old Whiggs in fformer times when the libertys and the propertys of the People were their chiefest care and consideration much more in those days than it seemeth now to bee by the present Whiggs in this generation, for most of the modern actions are not consistent with those old principles. But as your Lordp. is very justly admired, you are naturally guided by honour and justice, I can not doe better than to follow soe bright an example. Ther- fore 1 shall observe to dispose of my interest at the ensuing generall elections accordingly. I have assured the Duke of Newcastle that Mr Pelham shall have my first care to bee one of our repre- sentatives for this county but I can not allow Mr Butler to bee the other if I can prevent it. The reasons I have mentioned in my letter to His Grace. Mr Butler ought now to give way to more ancient ffamilys in our county to take their turn. I was at the last generall election for Mr Pelham and for Sr Cecill Bishop, my kind and obliging near neighbour, [so] that if hee doth stand again for the county, sure I am, that honour and justice will call on mee to support and assist him for the disappointmt hee met with at the last generall election. For these reasons I can not bee for Mr Butler. If your Lordp. can prevayl with the Duke of Newcastle to doe as I hear are at this time transacting in other Countys etc. to compromise matters of the like nature it might bee of very great service to His Grace and save him some thousand pounds and alsoe by it make himselfe much niore popular in the county than the money the Duke of Newcastle expended at the last generall election, least some of the freeholders in his interest should require HANOVERIAN INTERESTS 243 the like or more in case this election is disputable, unless it bee compromised. I should think myselfe very happy if the Duke of Newcastle would think it worthy his consideration. I shall not say any more on this subject, but leave it with your Lordp'. I am with the most sincere respect, Your Lordp's most ffaithfull obedient humble servant, Somerset. I intend to bee in London the first week in August, when I will endeavour to doe myself the honour to waite on your Lordsp-. [On June 9th, 1740 (H. 238, f 237) the Duke had written,] The severall markes which I have received of your particular ffriendship hathe always been in the highest esteem by mee, it hathe endeused mee to bee ffirme and constant not to bee changed untill my great change in dissolution dothe come. Bnke of Newcastle to the Lord Chancellor [H. 58, f. 219.] Claremont, y?//)' 27//^, 1740. My Dear Lord, On Friday, in the evening, the messenger arrived from Hanover with the inclosed letters from Lord Harrington. ..It opens a very melancholy scene which, I must own, I always fore- saw ; that the advantages to be gained to the King by this alliance [with Prussia]^ were purely electoral ; so that this country is to go into a war with France to procure great acquisitions for the King of Prussia and as great ones for the Elector of Hanover. And what is still worse, the more extravagant the King of Prussia's demands are, the better they will be liked, since the greater advantages will be to be obtained in return. I beg, my dear Lord, you would most seriously consider this great question. We have now all the lights that we can have for the present, and I think the orders are so express that we cannot avoid sending some answer by next Tuesday's messenger, and in order thereto I must desire that your Lordship and my Lord President [Lord Wilmington] would meet at my office to-morrow evening between seven and eight... I must beg that your Lordship and I may meet alone and agree what we shall do before we see the President and for that purpose I have spoken to the Duke of Grafton, who desires that your Lordship would dine at his house to-morrow... I shall trouble you no further at present but to acquaint you that I altered my letter to Lord Harrington on PViday according to your kind advice. ' Henry Pelham and James Butler were both elected, May 1741. "^ For other characteristic letters from the Duke, see II. 238, ff. 15, 360, and an answer, f. 259. ■* See pp. 203, 245 n. 16 — 2 244 LORD CHANCELLOR and upon consideration, entirely omitted desiring to know the King's sentiments^, which I am now extremely glad that I did... Ever most affec.ateiy & sincerely yours, HoLLEs Newcastle. Earl of Oxford- to the Lord Chancellor [H. 238, f. 270.] Dover Street, y«/j/ loth, 1740. [Writes to offer the Chancellor certain fixtures at Wimpole.] And now, my Lord, as a true lover of my Country and from an honest heart, give me leave to pour out my most ardent wishes for your long life and health to discharge the duty of that important post you are so happily for this nation placed in, and do so greatly fill. A subject of this kind I could say much upon, but I must consider to whom I am writing, and will only say that I am with true respect and great esteem. My Lord, Your Lordship's most obedient and most humble servant, Oxford. Lord Chancellor to the Earl of Oxford [H. 238, f. 272.1 [n. d.] My Lord, I want words to express the deep and grateful sense I have of the honour which your Lordship has done me... I am too sensible how unmerited all this goodness is.... As to the generous present which your Lordship is pleased to make me, I am sensible how little pretence I have to accept it ; and yet I know not how to decline such a mark of that good harmony with which this whole affair has been carried on between us. Permit me to return you my sincere thanks and most ardently to wish present health and lasting prosperity to your Lordship and your noble family. Duke of Newcastle to the Lord Chancellor [H. 58, f. 221.] Claremont, August gtk, 1740. My Dear Lord, Tho' I was sorry I should not have your company and assistance for three weeks, I take too much pleasure in your ease 1 N. 9, f. 298. Lord H. thought that this might oblige the ministers to give theirs. 2 Edward Harley, second Earl of Oxford (1689-1741) ; see p. 206. FREDERICK OF PRUSSIA 245 and refreshment not to be really glad that you had an opportunity of having some relief from that incessant fatigue which almost always attends you, and nothing but absolute necessity should even make me give you the trouble of this letter, which is to acquaint [you] with what has come in, since I saw you, and to wish, if possible, that you would put ofif your journey till after the Regency on Tuesday, when some things of very great consequence must be determined, and that we may [have] your assistance at our little Cabinet at Sir Robert's on Monday evening. Yesterday a messenger arrived from Hanover with an account that the King of Prussia^ was far from satisfied with Lord Har- rington's answer to Truches's^ Memorial, which he seems to think was only answering him with a view to detach him from France, with whom he had no reason to be dissatisfied, and insisting as (a sine qua non) to know positively, what he would do for him in Juliers and Bergs (only), and insinuating that he could not come to Hanover or have any interview with the King, till he knew the King's intentions upon this point. Lord Harrington has made a very proper answer, sending the ball back, and that 'till he — the King of Prussia — explains himself further, the King cannot talk or say anything with more precision ^... Secondly, the King not only gives us leave to send one regiment more to Sir J. Norris, but even two if we think proper.... Sir Robert Walpole agrees to it, but we shall want your assist- ance finally to settle it, and the more that I have received by express from Torbay the most extraordinary letter from Sir J. Norris that was ever wrote [pointing out the difficulties in an attack upon the enemy's ships at St Sebastian]. Sure, my dear Lord, this alone is sufficient to delay your journey only one day and a half. I beg no more, I am ashamed to ask, but I cannot resist necessity. There is just come in a letter from Commodore Anson**, with an account that fourscore of his invalids have deserted, and as many more unfit for service This is another considerable incident in which something must be done.... lOi * has brought me copies of the proposed treaties of Alliance ^ An attempt was made to effect an alliance with Frederick and to detach him from the French by concessions in Julich and Berg. It failed, largely owing to King George's demands for equal concessions to himself, and was put an end to by the Hanoverian Neutrality next year. The policy of the alliance was revived under better auspices and with better success in later years. ''■ General Friedrich Truchsess, Graf von Waldburg, Prussian Ambassador at Hanover, later in London. ^ See further on this subject, ff. 211, 225 ; N. 9, ff. 288, 302. * George, afterwards Lord, Anson (1697-1762), now about to start on his famous voyage round the world. • By loi is meant Bussy, then the French Minister here, who had been, from 1735 on, our Intelligencer and in our pay : he continued this game till the breaking out of the War and renewed it afterwards. He dropped his correspondence upon the Dunkirk Question in 1744 and would never resume it. He got large sums {xuwx the late King. H. (II. 59, 246 LORD CHANCELLOR betwixt France and Spain with the few points still remaining in dispute; but what is most material he tells me we may be sure that private orders are sent (indirectement) to all the French governors etc. in the West Indies to succour the Spaniards there\ This I think very probable and will make it the more necessary to keep, or make Vernon strong. This is a point also I could wish to have settled before you go. Instructions must be prepared for him and Bland-, who is to command the Land Forces. Upon the whole, my dear Lord, I have stated to you the circumstances we are in. I hope I have shewed the necessity of your putting off your journey for two days, which you may take out at the end of your time. I can only add, you will infinitely oblige me by it, who am ever and unalterably yours, HoLLES Newcastle. Lo7'd CJiancellor to the Duke of Newcastle [N. 9, f. 440.] Powis House, At4g. \oi/i, 1740. My Dear Lord, I return your Grace my humble thanks for the many kind and obliging expressions in your letter. ..and I heartily wish that I could obey your commands by staying in town two days longer, were it only to comply with your inclination, which is always doing a very agreeable thing to myself. But having absolutely fixed everything for going early to-morrow morning, it is impossible for me to put off my journey and I beg, my dear Lord, you would a little consider the absolute necessity there is for me to have such a recess which, if I do not take now or lose any part of it, I am sure, as things now are, I shall not regain this season. I am indeed so fatigued and worn down with the incessant attendance of these Seals that I find it will be utterly impossible for me to go on in my business without itl At the same time, if I saw that the King's service or the real service of your Grace requir'd my stay, there is nothing I would not sacrifice to either of them. But with great submission, that doth not appear to be the case upon any of the points mentioned in your letter. f. 245.) [Also N. 117, ff. 141 sqq. Bussy was afterwards the agent in the abortive peace negotiations between France and England in 1761. See further, chap, xxx.] ^ See ff. 233, 235. * Col. Humphrey Bland (c. 1686-1763), had served under Marlborough and in Spain ; author of the Treatise on Discipline; Quarter-Master-General at head-jjuarters 1742; afterwards served in Flanders and Scotland; Governor of Gibraltar and of Edinburgh. ^ Writing to the Duke, on July 25, he says: " I have just stept out of Court in the middle of [a] cause to read over your papers [Lord Harrington's proposals for the Prussian Alliance] and have had barely time to do that." (N. 9, f. 298.) B/SSEyS/ONS IN THE REGENCY 247 [He discusses these details and proceeds :] I have now men- tioned everything that I could have presumed to say, if I had been at your meeting to-morrow night, and I earnestly entreat it as a favour from your Grace that you would be so good as not repeat your commands to me to stay, which will be absolutely inconvenient and uneasy to me. Indeed, my dear Lord, there is no manner of occasion for it ; and if one was to be prevented by every incident that can arise, there would be no period of time at which one should be able to get away. I heartily wish you a good journey to Lewes, and great triumph to your Grace and Mr Pelham in everything. I am ever and unalterably,... Hardwicke. [H. 58, f. 229.] [On August 28, 1740, the Duke informs the Chancellor that the accounts of the naval movements were worse and worse. Norris had been driven back to Torbay by the winds. Lord Cathcart^ at St Helens sends a long dissertation to prove an attempt upon the Havana impossible ; it was very doubtful when his squadron would leave. In the W. Indies it appeared that the enemy's strength would be superior, and everywhere things looked awkward. The Dutch had at last agreed to the augmentation of their forces'-. He continues : — ] I found everybody upon my return in good temper and shall do nothing on my part to make it otherwise. Give me leave to thank you very particularly for your kind inclination to be in town when I should be there. I can very truly say, I am never easy in my public capacity without your advice and assistance. I really interest myself as much in your ease and relaxation as you can do yourself, and therefore, while I always want you and during the stay of our squadrons things arise every day that require new orders, and we often meet with difficulties, having many navies to provide for and not force sufficient for them all, 1 say, notwithstanding all this, as you seem to wish it, I freely consent (if you will forgive that expression) that you should stay one week longer at Wimpole, and Sir Robert Walpole desires by all means that you would do so.... Lord Chancellor to the Duke of Ncivcastle [N. 9, f. 536.] August T,ot/i, 1740. ...It gives mc great pleasure to hear that your Grace on your return found everybody in so good temper. The untoward 1 Charles, eighth Baron Calhcart (1686-1740), Commander-in-Chief of the forces sent to America against .Spain, but died on the voyage, Deceml)cr 10 ; Lord of the HedchamV)er and representative peer for Scotland. '■' Further N. lo, ii. 34, 56. 248 LORD CHANCELLOR circumstances of public affairs, arising from accidents, makes it the more necessary to preserve with great attention concert and harmony amongst ourselves : and to guard against the concern, which may arise from thence, operating to ruffle or sharpen the mind.... Duke of Newcastle to the Lord Chancellor [H. 58, f. 237.] Newcastle House, Oct. \st, 1740. My Dear Lord, Tho' I always feel your absence, I scarce ever was so sensible of it, as yesterday at the Regency. An accident has happen'd to the Grafton, a clean, sheathed, 70 gun ship which disables her from going to the W. Indies, but may soon be repaired for the home service. Sir Ch. Wager proposed to send the Salisbury, a 50 gun ship in her room. Sir Robert Walpole upon that peevishly and with an air of discontent said, — " What, may not one poor ship be left at home.'' Must every accident be repaired for the W. Indies, and none be considered that relates to what will be left here." — I replied shortly that I thought there was no reason to lessen the number of Sir Chaloner Ogle's Squadron^ Upon which Sir Robert Walpole made a formal speech of 20 minutes; with much emotion to the following effect, that the news of the French squadrons going both to the West Indies, struck him at first, perhaps too much ; that he thought we ought always to alter our measures according to those of our enemies ; that he was now plainly of opinion, that the Toulon Squadron was not gone (which he could support by no other argument but that he had not heard that they had actually passed the Straits) ; that the whole, in his opinion, was a feint in France, to give out that they had sent two squadrons to the W. Indies when they had kept one back, viz. that of Toulon, perhaps to come to Brest & annoy us here, perhaps to stay in the Mediterranean, but certainly to have a large fleet in the spring; that we were sending everything to the W. Indies; every ship was to be replaced there, but he opposed nothing, gave into everything, was said to do everything, was to answer for everything, — " and yet, God knows, / dare not do luJiat / thiiik right. I am of opinion for leaving four more ships of Sir Ch. Ogle's Squadron behind," — supporting this opinion in the strongest manner but always concluding, — " / dare not, I will not, have any alteration." — In this reasoning he was seconded by my Lord Privy Seal [Lord Hervey], with a strict adherence to everything Sir Robert said. The Archbishop- was for reconsidering it another day. Sir Robert would not suffer it. — Let tJietn all go, etc. — I thought myself obliged to give my reasons for not altering measures unanimously agreed to ^ Sir Chaloner Ogle {c. 1681-1750), joined Vernon with a naval reinforcement and after the attack on Carthagena succeeded him in command, p. 196. 2 John Potter, Archbishop of Canterbury 1737 till his death, 1747; a member of the larger Cabinet ex officio and one of the Board of Regency. FURTHER DISPUTES WITH W ALP OLE 249 by the whole Council, without any new reason assigned ; that the circumstances that had happened since rather confirmed than otherwise the opinion that both squadrons were gone to the W. Indies ; that it was the language of every court in Europe and particularly (as you will see in Mr Robinson's)^ that the Court of France had declared to the King of Sardinia, that the squadrons from Toulon and Brest were gone to America- ; that it was very right to keep four ships at home (which we had done), upon the four ships returning to Brest, tho' in fact there were within one as many as we would allow them at first to be ; that the first orders of the Regency were for 33 ships to go, that we had taken five from them, for with the Salisbury there were but 28 ; that a 70 gun ship, the Grafton^ was a greater force at home than the Salisbury^ 50 guns, sent in her room; that I was sorry to differ; thought, however, there was no reason for altering measures, unanimously agreed, transmitted to the King, instructions formed upon them and actually sent away to your Commanders etc. Sir Robert replied, did not keep his temper, would not suffer any diminution of the number and yet declared as strongly as possible against the measure, entering his protest against what he himself proposed, advised and now would not, dared not alter, and so the Regency broke up. I have been too long already upon this subject. I have related the fact and shall only observe upon it, what circumstances is this Kingdom in ? What condition are we of the Council in ? When the first minister shall arraign all the measures and declare he will not, he dare not, have them altered, and that declaration made not to private friends but unnecessarily, uncalled for, at a public meeting of the Regents of the Kingdom, who are not to advise the King but have the executive power lodged by his Majesty in them .?...! don't wish or deserve you should stir from Wimpole sooner than you intended. I am ever most unalterably yours, HoLLEs Newcastle*. Lord Chancellor to the Diike of Newcastle [N. 10, f. 184.] Wimpole, October 2nd, 1740. My Dear Lord, I receiv'd the honour of your Grace's letter with the several pacquets.... I cannot help being concern'd at the account you give me of what pass'd on Tuesday at the Regency, tho' I have seen some ' Thomas Rohinson, Ambassador at Vienna. - In fact they liad gone, f. 241 ; see Duke of Chandos to II., II. 238, f. 294. * This is a remarkable letter. Sir R. W. was certainly in the wrong and the D. of N. as much in the right; but alas, the great force we sent then to the W. Indies, as now of late to America, was completely unsuccessful, and yet both sufficient in the oj)inion of good judges to have done the business. H, 1782. 250 LORD CHANCELLOR instances of the same kind before. This conduct seems to proceed from great embarras and anxiety of mind ; doubtfuhiess of the event and of the rightness of the measures ; having no clear fix'd plan ; and from a willingness to throw out things that may hereafter be quoted and made use of as future accidents may turn out. Add to this, that our friend's humour on these points differs from day to day, as other incidents arise agreeable or disagreeable to him ; for one thing mixes with and infects another. What your Grace mentions in your letter to have fallen from yourself on this occasion seems to me extremely proper, and I dare be confident it was said with that temper which all of us ought to be particularly attentive to in such difficult circumstances. Difference of opinion in such a doubt- ful state of affairs may be impossible to be avoided amongst the best friends. The great point is to avoid its sharpening the mind or running into asperity of speech or wrangling instead of deliberating. [He had himself been in doubt whether the French fleets had sailed for the W. Indies.] Not that I think this will make any material difference ; and surely it was right not to alter the measure. The wind is fair, why don't Ogle sail .-• And why don't our master take advantage of it ? [to return to England]. [H. 58, f. 25.SO [The Duke writes, October 3, 1740:] Believe me, my dear Lord, we shall not be too strong in the W. Indies, and the event will shew I am in the right. You ask me why does not Sir Cha. Ogle sail? I answer because he is not ready. If you ask another question, Why is he not ready? To that I cannot answer. [The King was to set out from Hanover next Tuesday. Representations had been made to the King of France on the subject of the fortifica- tions at Dunkirk, contrary to the treaties.] Duke of Newcastle to the Lord CJianccllor [H. 58, f. 270.] Newcastle House, Oct. i^th, 1740. My Dear Lord, I am sorry to be always troubling you upon disagreeable subjects, but to whom can one have recourse but to those upon whose friendship and judgment one has the greatest dependance. [He had had a pleasant interview with the King who had been in a good humour and had consented to letters being written to the Czarina, the King of Prussia and Vienna to secure their support.] I found by Sir Robert and Lord Harrington that after we went they had agreed not to write to Vienna till their courier arrived..,. THE KING'S REMONSTRANCE 251 his Majesty afterwards in a formal set speech or declaration, but not in ill-humour, said to my Lord Harrington and I : " As to the business in Parliament, I don't value the Opposition, if all those in my service act together and are united ; but if they thwart one another and create difificulties in the carrying on the public business, then indeed — or to that purpose — it would be another case." I easily saw from whom this came. (Sir Robert had been in the Closet near an hour and came out in high spirits and humour.) I answered his Majesty that to be sure all his servants would unite in doing him the best service they could. I found Sir Robert in the outward room and after mentioning to him in the presence of Lord Harrington that the King was quite altered from the day before as to writing to Vienna and Berlin, I told him his Majesty had made a pretty extraordinary speech to us and I then repeated it, saying, " I have heard this language often before." He replied, " I know you mean from me," and indeed I did, for I can almost swear to the words. "However" (says Sir Robert) " agreeable it may be to my own way of thinking, and true in itself," — and then muttered something — " I have said nothing to the King {or) nothing now to that purpose." (It might have been the day before when he acquainted the King with our difference in Council.) I said then to him. Lord Harrington present, " When measures are agreed amongst us, it is very right that everybody should support them, but not to have the liberty of giving one's opinion before they are agreed, is very wrong." He said shortly, " What do you mean. This war is yours, you have had the conduct of it, I wish you joy of it." I contented myself with denying that fact and so we parted. Now, my dear Lord, how can business go on this way .'' What is agreed amongst us is often equally overhauled afterwards, both by Lord Harrington and Sir Robert, if it is not quite agreeable to their own inclinations. And when we have reason to fear that our united credit with the King may hardly be sufficient to induce his Majesty to do quite right in this great conjuncture, one will govern all and fill the King's head with complaints and unreasonable jealousies of part of his servants; I don't think I was the single man meant. I hope you will reflect on this and say to me & to others what you think we should do. I will, I promise you, comply with what you shall advise I am ever and unalterably yours, HOLLES NeWCA.STLE. [II. 238, f. 302.J [On October 10, 1740, Horace Walpole, the elder, describes to the Chancellor the state of negotiations abroad. The prepara- tions of France, without any doubt, obliged the Dutch by former treaties to assist England ; but no such assistance was to be expected, owing to their fear of France. The most they would do was to join a powerful European alliance already formed. The 252 LORD CHANCELLOR same was the case with Austria, who preferred hostilities in Italy rather than annoying France in Flanders and on the Rhine, as England desired. No one would be the first to draw upon his head the vengeance of France. It was desirable to gain over the King of Sardinia, but apparently insuperable obstacles existed to the satisfaction of his ambitions in Italy. Then there was the lack of funds and, in short, the prospect was a melancholy one. Hon. Philip Yorke to the "Club^" at Cambridge [H. 285, f. 7.] Feb. i6th, 1741. Account of the debate on the motion against Sir Robert [on Feb. 13th]-.... Second question [i.e. that any attempt to inflict a punishment on any person unheard is contrary to natural justice] moved by the Duke of Marlborough, seconded by Lord Lovel and Duke of Devonshire, Lord Talbot^ blusters and is extremely vehement throwing out bitter reflections upon the place men, for which being call'd to order, he desisted with a flourishing oath, by the eternal God^....T\\& protest reported to have been sent over from France by Lord Bolinbroke^ Lord Oxford voted with the majority in the first question; Lord Coventry retired, Lord Chesterfield, tho' forbid by his physicians, came and gave his vote and proxies, with blisters upon him.. ..Neither Mr Pulteney" nor Sir Robert, answered people's expectations; the former's speech drawn up in expectation of Sir Robert's withdrawing.... Mr Harley's generosity in speaking against the question^ — Mr Shipping's^ declaration that he would not pull down Robin upon republican principles, and did not vote. The House would not have divided but by the eager warmth of 1 The "Club" was a small Society, consisting of Philip Yorke's younger brothers with other friends at Bene't College, Cambridge, of which the object was the exchange of news and the discussion of topics of interest. ■"* p. 199. " William, second Baron Talbot (1710-82), the unworthy successor of the late Chancellor, a supporter of the Prince of Wales, and made Steward of the Household and Earl, 1761 ; a noted pugilist, and notorious for his brawling, dissolute habits. See further, chap. xxxi. * Omitted in the Pari. Hist. xi. 1222. 5 I.e. the Protest of the Lords. Lord B. had retired to France in 1735. There appears to be no record of this communication. « William Pulteney (1684- 1764), ally of Walpole till 1725, when he was dismissed from his post of Cofferer of the Household and became a personal antagonist of the minister, and with Bolingbroke led the violent attacks upon him ; afterwards first Earl of Bath ; see further, p. 279. 7 Edward Harley, M.P. for Herefordshire, brother of the late Lord Treasurer, suc- ceeded, 1741, as third Earl of Oxford. Walpole had been the most active agent in the impeachment of his brother ; Coxe's Walpole, \. 655. 8 William Shippen {1673-1743), M.P. for Newton ; leader of the Jacobite squires in the House ; called " Honest Shippen," and a man of great ability and integrity ; a staunch opponent of Walpole ; he, however, on this occasion refused to vote against him and was followed by about 30 Tories. See also p. 98. ATTACK ON SIR ROBERT IN THE COMMONS 253 Mr Lyttelton^ Tories in general refuse to join in the measures and either did not divide or voted against the question. Minority expected 219 votes. Sir H. Packington sent for out of the country in violent haste, voted directly against them-. A guzzling Baronet kept all night at Sir Robert's house, for fear his faculties should chance to be so diluted as to make him mistake the lobby for the inside of the House of Parliament. His Majesty gave orders to be informed of the event at whatever hour of the night the House rose. The drawing room exceeding full the Sunday after. The King observing to Mr Edgecomb^ that they had a long day in the House on Friday, the latter replied, — "Yes, Sir, but a very good one." — His Majesty answered, — " Ay, the scheme was a wicked one, in the first conception of it, and turned out a silly one." — Afterwards witty on Mr Sandys'[s] 41 Phyz and cravat*. [H. 59, f. 13. See also N. 12, f. 407.] [On March 25, 1741, the Duke wrote to ask the Chancellor's advice upon a private matter, the proposal of Lord Vane^ to unite with the Duke and his brother, to cut off the entail of the family estate.] If this thing can be done justly and honourably, it will make me easy for my own life, and give me the satisfaction of settling my estate upon the only representatives of my own family and who must be in every respect, the dearest to me. If it cannot be done upon that foot, the thought must be totally laid aside, and past errors retrieved in the best way they can. It is to no purpose to dwell upon that, and therefore I shall go to a more agreeable subject by expressing in the sincerest manner, the grateful sense I have of my many obligations to you, and most particularly for your goodness in being so often troubled upon the unhappy subject of my private affairs. I feel more than my best friends know or believe, and what is the worst of all, no misfortunes are so great, as those that one brings upon oneself*' P.S. Pray don't think of writing me an answer. ^ George, afterwards first Lord Lyttelton (1709-73) ; M.P. for Okehanipton, historian and poet, now with Pitt an adherent of the Prince of Wales and member of the opposition against Walpole ; later a valuable supporter of the Whig administration and intimate friend of the Chancellor. ^ Sir Herbert Packington, M.P. for Worcestershire. 3 No doubt Richard, afterwards first Lord Edgecumbc (1680-1758). * .Samuel, afterwards first Lord Sandys (c. 1695-1770), M.P. for Worcester, an active opponent of Walpole and now moved address Un his removal in the Commons ; later a member of the f iovernment and friend of the Chancellor, whom he succeeded as Speaker of the House of Lords for a sliort interval in 1756. His "long cravat" {'41, i.e. 1741, up-to-date), displayed also by Pulteney and his followers, was alluded to contemptuously by Shippen. ' William, second Viscount Vane (1714-1789), cousin of the Duke, the latter's mother and Lord Vane's grandmother having been both sisters of John Holies, Duke of Newcastle; according to Waljjole (tellers, i. 128) the Duke gave Lord Vane ^60,000 1(j cut oil the entail on the Newcastle estates. •* The Duke spent nearly the whole of his estate in politics. 2 54 LORD CHANCELLOR [H. 59, f. 64.] [Later on, August 8, 1741, the Duke sends the Chancellor his warmest thanks for having brought the matter to a successful issued] Duke of Newcastle to Lord Chancellor [H. 59, f. 19.] Whitehall, May iWi, 1741, My Dear Lord, I have ordered Mr Stone- to send your Lordship a particular account^ of the great news that came last night by Capt. Lawes from Admiral Vernon. We are entirely masters of all the out forts and harbour of Carthagena. Six Spanish men of war and eight galleons are sunk or burnt, and the town of Carthagena cannot, as is thought, hold out. I most sincerely congratulate you upon this great success, so agreeable to our wishes and so answerable to our expectations. If this is well pursued, I mean there, we must soon be masters of all the West Indies. Many things will be to be done here, supplies of all sorts, and perhaps men to be sent from hence. In these circumstances, I am always sorry you are not with us. We will do nothing till you come, but will be preparing by informing ourselves what can be done [f- 25.] [The Duke writes again on May 21. He is not sure that the victory will be properly followed up; Vernon must be written to, otherwise he will certainly think that his work is over and come home. General Wade^ is to attend before the Lords Justices with a scheme of raising 12,000 men, which is to be considered previously at Sir Robert's house, for which reason the presence there of the Chan- cellor is especially desired by Sir Robert and the Duke.] Lord Chancellor to the Duke of Newcastle [N. 12, f. 54.] VVl.MPOLE, May 2^rd, 1741. My Dear Lord, ...I think I could have wish'd with Brigadier Wentvvorth' 1 Further, p. 264; H. 59, f. 121. - Andrew Stone (1703-73), brother of the Archbishop of Armagh, M.P. for Hastings, Under-Secretary of Slate and private secretary and confidant of the D. of N., an able and influential personage; Sub-Governor to the young Prince of Wales 1751. Later, on accession of George III, he deserted the D. of N. and became one of the King's friends. ^ ff. 21 and 23 ; p. 195. ^ George Wade (1673- 1748) distinguished himself in the campaign in Spain; con- structed roads in the Highlands after the rebellion of 1715; Field-Marshal 1743; of whom hereafter as Commander in the campaign in Flanders 1744-5 and in Scotland 174.=^- ^ p. 196. ADMIRAL VERNON'S FAILURE 255 that Admiral Vernon had kept back his express till we had been masters of the town and citadel, tho' I hope from the panic and despondency under which the Spaniards seem to be, that will not prove a very difficult work. It was well Bocca Chica was taken, as it was ; for notwithstanding the good harmony, dissensions seem'd to be arising between the sea and land officers. Is it usual to insert such recitals in the resolutions of Councils of War .-' I was surprized not to find any formal resolution of the particular Council instituted by the instructions to consider of and determine the grand enterprize. Is that short general minute of a resolution, taken off Cape Tiberoon [Tiburon in Haiti], after the knowledge of the French fleet's departure, the whole on that subject.'* I think it is perfectly right to send no orders till you know the final success as to Carthagena, unless to prevent Vernon's coming home himself. But I fear, whatever may be intended hereafter, you will be too weak for the Havanna, after the numbers which will be lost by sickness.... A supply of engineers should be thought of... I will endeavour to be in town time enough on Monday evening to wait on your Grace and Sir Robert Walpole at the time and place appointed if possible: tho' schemes of encampments are far beyond my sphere.... I am ever, my dearest Lord... Yours, Hardwicke. [The Chancellor's forebodings were too surely realised, and the Duke announces a few days afterwards the complete failure of the expedition.] Duke of Newcastle to the Lord Chancellor [H. 59, f. 29.] Whitehall, June i^th, 1741. My Dear Lord. I am thoroughly persuaded that your Lordship will be as much concerned as I am for the occasion of my giving you this trouble.... The account, or rather the no account, which Mr Vernon gives (for one can hardly know by his letter whether the town is taken or not; or at least by no means judge from whence the miscarriage came), is to the following effect ; that he had by the assistance of .some ships that he had posted for that purpose, cover'd the landing of the troops at a place called Texar de Gracias ; that for an experiment he had carried the Spanish ship the Galicia as near to the town as possible, that he might see what effect it would have to bombard the town from thence; but that 256 ■ LORD CHANCELLOR the distance was so great that it could do little or no execution, and this he says he did for satisfying gainsayers. This was the only ship from whence any attempt was made to bombard the town, Mr Vernon sends copies of several papers that pass'd between Brigadier Wentworth and the land officers and himself and the sea officers, which are called resolutions of the respective councils of war, wherein there appears to have been much alterca- tion and great difference of opinion between the land and the sea officers, and pretty severe language and reproaches from the sea to the land officers for their backwardness, delays and want of vigour, till about the 15th or i6th of April, upon a representation from the land officers, it was unanimously resolved at a joint council of war of land and sea officers, to reimbark all the troops, and to go back with the whole fleet and army to Jamaica. Mr Vernon says nothing particularly either of the attack or loss, but the account Captain Wimbleton gives is, that Brigadier Wentworth attempted to take Fort St Lazarus by storm after, as the Captain says, he had given them four or five days to entrench themselves ; that in this desperate attack we lost six hundred men, and should have lost as many thousands, if there had been so many to attack it ; that Colonel Blakeney^ had given his reason in writing against storming this fort. To this he attributes our miscarriage and to the great sickness that came on a sudden among the troops Mr Vernon proposed the going to Panama; but the land officers were unanimously of opinion that the troops had suffer'd so much that they would not be fit for service till they had been a little refresh'd. Mr Vernon intends, upon his arrival at Jamaica, to send home the seven eighty gun ships and all the seventy and sixty gun ships that are crazy and not fit to remain in the West Indies. He hopes to find time to come home himself.... Upon the whole, my dear Lord, it is a very bad business: our Admiral plainly concerned for nothing but what relates to himself and the behaviour of his fleet, which he extols to the highest degree and seems to think they have performed everything that could be expected from them ; our general, I am afraid, a good deal at a loss from inexperience what to do, and hurried perhaps at last to make a most desperate attack in which he miscarried. But it is too soon to make a judgment before one hears all sides and knows what has been done and the reasons for it, I have just received Mr Wentworth's letter which is the most dry and cold account I ever read, but indeed a very melancholy one. He says, in short, that they landed their troops on the 5th April; that he commanded 1,500 men to pass a defile towards Fort St Lazare ; that they were opposed by 600 of the enemy who were advantageously posted; that they were forced to lie upon their arms three nights, their tents not having been landed, which, to be sure, was one great occasion of the sickness; that the sickness 1 William, afterwards Lord Blakeney (1672-1761); Brigadier-General, served under Marlborough ; afterwards in 1756 the gallant defender of Minorca. AMERICA IS NOT TO BE GIVEN UP 257 and rains coming on they were oblig'd to attack the fort, where they had above 600 men killed and wounded ; that this defeat so dispirited the troops that he could not get them to advance again; that the army had suffered so much by sickness and death, that it was absolutely impossible to go on with the siege, unless they could be greatly reinforced from the ships, which was not prac- ticable; that therefore they were all of opinion to leave the place and return to Jamaica. He gives a most miserable account of the state of the army, and says in his letter that he has not one thousand men fit for service and almost all his officers either dead or sick. Colonels Moreton\ Douglas^ and Grant^ dead; Blakeney scarce able to support himself; Wolfe^ quite exhausted and Winyard' sick. Upon the whole it is a most melancholy affair. [He dwells upon the great inconveniences and ill consequences which must arise from this catastrophe. His own opinion was for immediately sending out strong reinforcements to retrieve the disaster, and Sir Robert at present was of his mind. But great difficulties had to be met and he begs that the Chancellor, without whom he will do nothing, will be at Sir Robert's on Monday evening, if not on Tuesday, in which case till then they would come to no resolution. He encloses a memorandum of troops and losses-'.] Lord Chancellor to the Diike of Neivcastle [N. 12, f. 219.] WiMPOLE, y?<«^ 20//i, 1741. My Dear Lord, I never found myself so much affected with any mis- fortune as that of which your Grace's letter brings me the melancholy account ; tho' I own I have had some misgivings upon my mind ever since 1 read over Vice-Admiral Vernon's and General VVentworth's first letters at this place, which made me avow my wishes to your Grace that Mr Vernon had reserved his messenger of success, till he had seen further into the event; and these apprehensions were increased when I read over the relation given by the two Spanish captains who were brought prisoners hither. It is surprizing that no other attempt should be made to bombard the town but from the single Spanish ship, the Galicia, and more so that, when they plainly wanted land forces, the American troops .should not be landed. I am at a loss how to reconcile what ' Commanrlin^' the regiments of marines. The Colonel Wolfe here mcnlioned is Colonel Kchvard (i''jH.t-i759), Adjiitant-CJeneral in the expedition, father of James Wolfe. - Mortally wounded in the attack upon Fort St Lazar. His last words were said to be : " The General ought to hang the guides and the King ought to hang the General." Fortescue, /fist. Ihit. Army, ii. 71. ' ff- 11^ 35- Y. 17 258 LORD CHANCELLOR Mr Went worth says of his not havdng one thousand men fit for service with the amount of what are reuiaming fit for service upon the return. But what surprizes me most of all is that I don't find it said that they demolished Bocca Chica and the other forts and castles, which defend the harbour, in order to do all the mischief they could and leave it open to another attempt. So much of this calamity seems to be owing to the badness of the climate of Cartagena, that it may afford some objection against their having fix'd upon that place for the object of their expedition. Your Grace rightly says that the great point now most seriously to be consider'd is, what is to be done .-' I am glad to find that you and Sir Robert Walpole agree in opinion that America is not to be given up, and that we must go on with our measures there. This general proposition seems to be absolutely undeniable, for other- wise we must give up our plantations and trade. But how to relieve this disappointment under the difficulties your Grace very properly sums up, is the main subject for consideration. This will require all possible attention, deliberation and prudence; and all possible temper and union too, amidst the chagrin and ill-humour which such ill-successes naturally raise. Tho' I am most sensible of the little weight I am of, especially in such affairs, I will not fail (God willing) to comply with your intimation of being in town on Monday, so as to meet at Sir R. Walpole's about seven that evening ; for I would not contribute any the least occasion for Tuesday's passing without some material resolution being taken. In the meantime I shall remain here full of melancholy and uneasy reflections and yet endeavouring to raise my mind to better hopes of future events. Ne cede inalis, sed co7itra aiidentior ito. I much regret the delays likely to arise from the King's being at such a distance. For God's sake, my dear Lord, keep up your spirits, and believe me ever, and in all circumstances. Most affectionately and unalterably. Yours, Hardwicke^ [The attention of the administration was now called to another difficulty. News arrived of the alliance between Prussia and France against Austria, in consequence of which the King became seriously alarmed for his electoral dominions thus placed between two foes, and desired to declare a neutrality for Hanover-. On ' See further H. 59, ff. 55, 57 and p. 267. - p. 203. HANOVER INFLUENCE AND WALPOLE 259 July 14, the Chancellor, Lord President, Sir Robert Walpole and the Duke of Newcastle returned answer to Lord Harrington, then with the King at Hanover, that such a neutrality would, notwith- standing the refusal of Austria to make concessions in Silesia and follow the King's advice, be impossible for the King of Great Britain, on account of the treaty of alliance with Vienna, and advised a further attempt to effect a compromise between Austria and Prussia'. Duke of Newcastle to the Lord Chancellor [H. 59, f. 43.] July igth, 1741. ...I Stated and lamented the Hanover influence, which had brought many of these misfortunes upon us, which occasion'd a warm and very unbecoming reply from Sir Robert Walpole I must therefore most earnestly beg that you will not refuse to meet me at New Park this afternoon before six o'clock, when I will not fail to be there ; and I have this morning sent Sir Robert Walpole word that I have sent to you for this purpose. My dear Lord, I know it will be disagreeable, I know it will be hurrying, but I beg that you would comply ; for when we have such points and such persons to manage, these incidents cannot be avoided. I send you the letter which went to Hanover last Wednesday, that you may see whether anything can be departed from consistent with the opinion, which we gave upon the most serious consideration. P'or my own part, I think if we could, and would, advise the electoral neutrality, it would not signify a farthing. The King, if he has a mind to do it and can do it, will do it without us.... And I am of the opinion that the most solid advice, both for England and Hanover, would be to renew forthwith with the Court of Vienna in a cordial manner the concert for operations, to endeavour to get Saxony, Russia and the States General into it, and to send the King word that we will send the 12,000 men to his assistance with the utmost expedition. Adieu till six this evening, ever yours, HoLi.ES Newcastle. Dicke of Newcastle to the Lord Chancellor [H. 59, f. 53.] Claremont, y/^/j' 20///, 1741- My Dear Lord, I must begin with my thanks for the stand you made yesterday which, vvith(jut a compliment, was in the most becoming manner, and had its effect so far, that the difference of opinion ' H. 59, f. 45. 17 — 2 26o LORD CHANCELLOR occasion'd no indecent replies, which has not always been the case. There seemed, however, less concern at dissenting and more seeming resolution upon it than usual. But that cannot be helped. Let us go on to do what is right and that will prevail at last^... Duke of Newcastle to the Lord Chancellor [H. 59, f. 66.] Claremont, Augt. i-)tJi, 1741. My Dear Lord, ...I send you all the letters that are come since you left London. Those that came by the messengers last Saturday and Tuesday will inform you particularly of the motives that induced Mr Robinson to undertake his journey to Silesia and the ill-success that attended it-. That which is the most remarkable is the letter that came this day from Hanover^ in answer to that famous one which was made so perfect at Sir Robert Walpole's. My Lord Harrington has not vouchsafed to take any notice of any part of it but what relates to the proposed application to the States General, which, his Lordship says, is directed to be made as agree- ably as possible to what the Lords advised, but in fact differs as much as possible, having quite a different tendency. That, proposed from hence, was intended to animate the States to take part with the Queen of Hungary. This, order'd from Hanover, is indirectly to favour a neutrality, provided Hanov'er can be included in it. In short, my dear Lord, what I have often said, proves too true ; all our measures spring from one cause and are calculated for one end, and where that will end, God only knows. Our advice has been constantly asked and never once followed. The Hessians and Danes were to be sent to the Queen of Hungary and be at her disposal. Fresh applications were to be made to Russia, Saxony and the States General. Instead of all this, our troops are to be kept to defend Hanover and our negocia- tions, to obtain a neutrality for that country.... Sir Robert Walpole took Lord President and me aside last Thursday, desired me to write to your Lordship, " that in all pro- bability these next letters would decide the fate of Europe; that he ^ See further H. 59, f. 59, dispatch of the Cabinet to the King of July 31, declining all interference and responsibility for measures which the King may adopt for the safety of Hanover. 2 Thomas Robinson (1695-1770), Charge d'affaires at Paris and subsequently Am- bassador at Vienna 1 730-1 748; K.B. 1747; Commissioner of Trade 1748; Master of the Great Wardrobe 1749; Secretary of State and Leader of the House of Commons 1754-5; created Lord Grantham 1761. He was now sent to offer Frederick from Maria Theresa the cession of the Austrian Guelders and Limburg in exchange for the abandon- ment of his claims to Silesia, proposals which Frederick contemptuously rejected. Robinson to Harrington, August 9, 1741, N.S., S. P. Do/n., Regencies. ^ Harrington to N., August 9-20, 1741, S. P. Dom., Regencies; in reply to that of N. of July 31. THE CHANCELLOR SUMMONED TO TOWN 261 desired I would let you know he would put off his intended journey to Norfolk for a week, if it should be necessary, but begg'd and insisted that you would come to Town for two days only, upon the arrival of these next letters." The President joined most earnestly with Sir Robert Walpole, and said he would not go into the country till the consideration of these letters was over.... Therefore I most earnestly beg of your Lordship that you would be in Town on Tuesday next, by which time our messenger will be come. Two or three days will be all you need stay, and this single avocation, probably, the only one you need make the whole vacation. My dear Lord, the King, your country, and if you will allow this expression, your friends want you and you must come. It is very easy for my Lord Harrington to act and talk agreeably to the King at Hanover; but we must think how we can serve the King in Parliament and defend there what is done elsewhere. At least, 1 think, in justice to ourselves, we should take care that nothing be wanting on our part that may prevent fatal measures being taken. If after that they are, those must defend them that advise them. Believe me, my dear Lord, it will be a sad story when it shall appear that a regard to Hanover alone has stop't our armies, promoted and countenanced Neutralities and occasioned a uni- versal inaction. Whilst we are so inactive in Europe, there is some hankering still at delaying our American expedition ; it broke out again last Regency day, was overruled and dropp'd because there would be an opportunity, even when they were at Cork, if it should be thought advisable. [Lord Tyrawley^ refused to go — somebody else must be thought of, but who should that somebody else be?]... My dear Lord, forgive this long letter, and these longer pacquets ; yield to the pressing instances of your faithful friend and your other fellow labourers, and let me know by this messenger when we may expect you. I am ever most afifectly yours, HoLLES Newcastle. Lord Chancellor to the Dicke of Newcastle [N. 12, f. 424. J WiMPOLE, Aug. i-jlhy 1741. My Dear Lord, I receiv'd yesterday the honour of your Grace's letter together with another from Mr Stone and an immense load of pacquets. They found me so much indisposed as not to be very fit for all that attention which their importance required ; but being something better this morning, I have finished the perusal of them and return them by the messenger.... ' James O'Hara, second Haron Tyrawley (1690-1773); served in the campaign in Spain; ambassad(ir in I'ortugal and in Russia. 262 LORD CHANCELLOR I am very sorry for, but not at all disappointed at, the ill-success of Mr Robinson's journey into Silesia. I always thought what the King of Prussia threw out about Flanders was only tauntingly or (as Podewils said^) ironically said, and wondered that it was taken so seriously. But, if one may conjecture from some passages in that strange, captious and (not to call it by a harsher name) un- princely conversation with Mr Robinson, it looks as if he had it in his head to raise, from that proposition, some merit to himself and some demerit for others, with the Dutch. I agree with your Grace as to your way of thinking about the instructions sent to Mr Trevor" to talk to the Dutch ministers and their tendency. In short, the whole proceeds from the same motive and governing spring about which I have already said so much that I can now only silently lament it. Indeed, as very little is asked of us, there is no occasion to say much ; for I don't find, thro'out all these letters, that our advice is asked or anything left to us, except one point. I mean the preparing and instructing Mr Trevor to present a public memorial to the States against which, at the same time, the King's direct and positive opinion is transmitted. I am a little surprized that any of our friends in town should imagine that the next letters should decide the fate of Europe, or bring anything more material than these.. ..As to the American reinforce- ment, tho' you may meet with a rub now and then, I think that is gone too far to admit of any material obstacles, unless this of the General should give rise to one. Could not your Grace and the Duke ■ of Montagu prevail with Lord Tyrawley ?...But is it not quite new for military men thus to elect their service .-• I was much rejoic'd that your Grace's second commands... delivered me from the uneasiness of making difficulties about coming to Town ; which, in truth, I should have been forced to do, not being well, and indeed never shall be well, unless I can be allowed to have some part at least of that usual recess, which persons, who have gone thro' the fatigues of my station, have found ^ Prussian minister for foreign affairs, present at the interview. On being asked whether "the King of Prussia had not seemed to relish the proposal of an equivalent in the Low Countries," he answered that "his Master had made a demand of all the Low Countries as sure of being refused." Frederick himself affected horror at the notion of violating the Barrier Treaty (Robinson to Harrington. August 9, 1741, N.S.). * Trevor was instructed to demand assistance from Holland, in case of Hanover being attacked. But if a Dutch Neutrality with France were resolved upon, he was to demand the inclusion in it of Hanover. Harrington to Trevor, August 9-20, 1741, S. P. Doin., Regencies. "AMERICA MUST BE FOUGHT FOR IN EUROPE" 263 necessary. I was therefore in hopes that, after the humble petition which I made your Grace, I should not have been called upon so soon, especially not in expectation of letters not yet arrived, considering for how many weeks we have often expected letters on material points. Neither (as I said before) do I imagine that these letters can bring anything for our deliberation or advice here. But, if they should, forgive me, my dear Lord, for saying that such deliberations may exceeding properly be had by yourself, my Lord President and Sir Robert Walpole. Last summer many meetings, on very considerable points, were held by three of us, some by two only. Believe me, I don't say this to decline any part of the public service, or obeying your commands, whose very inclinations, if discovered, I have always a most sincere zeal to comply with. I hint it only in order to obtain what I find necessary to enable me to go on further in business. I cannot help thinking that it was right to send for some more ships from America, besides those Mr Vernon had determined to send home. It look'd last year as if the old world was to be fought for in the new, but the tables are turn'd, and I fear that now America must be fought for in Europe. Whatever success we may have in the former, I doubt it will always finally follow the fate of the latter; and there affairs appear so entangled and perplexed that they surpass my comprehension. Mr Perkins^ has sent me copies of all the papers signed between your Grace, your brother. Lord Vane and Mr Vane, either jointly or separately, together with an account of some doubts suggested by Mr Murray- since the signing^ I met the latter accidentally last week on the road in Bedfordshire, and he then mentioned the same things to me. I only heard him without so much as hinting any opinion ; but don't at first sight apprehend there is any great weight in them. I will consider the papers with the utmost attention, and be assured, my dear Lord, that no endeavours or zeal shall be wanting, on my part, to contribute to the perfecting of this great work, so material to you and your family, whose interests I ever consider as my own ; and I dare say your Grace finds Mr Perkins thoroughly faithful and assiduous in it. I'crmit mc to return you my thanks for your pine-apples which ' Ilutton Perkins, the Chancellor's secretary. ^ William Murray, afterwards the famous Earl of Mansfield. ■' Above, p. 254. 264 LORD CHANCELLOR are prodigiously good ; but to send three at a time was downright extravagance. However, it is of a piece with the rest of your good- ness to me, always overflowing, I am unalterably, with the truest affection, My dearest Lord, ever yours, Hardwicke^ Duke of Newcastle to the Lord Chancellor [H. 59, f. 74.] Whitehall, Aug. igth, 1741. Private. My Dear Lord, Whilst Mr Stone is writing an ostensible that you may answer in that manner for my colleague to see, if you think proper, I must take the liberty to trouble you with my own poor private thoughts upon the great subject of Lord Harrington's letters. I must, however, in the first place freely own, I never had so much difficulty in writing to you in my life. I know your unwillingness to come to town, and I am therefore sorry to press you to it. I know the occasion you have for rest, and quiet, and could there- fore most heartily wish the public service, the King's own private views, the security and satisfaction of your faithful friends (I mean my own) would admit of it.... Was there ever such a letter^ or such a proposal ? So incon- sistent and so little becoming an English minister. The troops are laid aside If you would send the troops, why not give the money? The motives and ends are very different. In one part of the letter we are told the King is sending ministers to every enemy of the Queen of Hungary, most probably to negotiate a neutrality, and immediately after money is asked to raise troops in Hanover, take auxiliaries into the Elector's pay for the defence of Hanover pursuant to the vote of Parliament, if attacked on account of sup- porting the Queen of Hungary, when the support of the Q. of Hungary is neither intended or thought of And what is still more extraordinary, when the Q. of Hungary is thus dropp't, her Minister here has received orders to demand the quarter's subsidy and is to pay — ■■'. What a secret is he (that minister) trusted with ! and you will see by Robinson's letter^ that Schwickeldt has a negotiation which the King of Prussia will not conclude without England, and ^ See further, pp. 362 sqq. '^ Harrington to N. August ii-^s, S. P. Dom., Regencies. '^ Probal)Iy the King himself is meant, who was to receive the money for the Hanoverian troops, ostensibly for the aid of the Q. of Hungary. •• R. to Harrington August 16, 1741, N.S., 6". P. For., Germany. Schwickeldt was George H's Hanoverian minister, now sent to Berlin to obtain from Frederick, in case Hanover were attacked, a promise of aid, or at least of neutrality. THE KINGS DESER TION OF THE GREA T CA USE 265 consequently has that also in his power to betray, who will have no scruples, and as we know, has already tried both Carteret and Chesterfield about the late King's wilP. Was ever poor man in such circumstances as our Royal Master? And indeed, my dear Lord, he will be ruined, if we don't fairly and honestly tell him our opinions, and we shall be ruined too. Which brings me to what, in my poor opinion, should be humbly and decently laid before him.... [That the proposal to send troops was contingent upon their employment in the service of Austria; that the King not having so employed them, the whole basis of the support of the Electorate by England was destroyed; that money could not be given without authority of Parliament and finally, that the situation of his Majesty had become so difficult that his ministers humbly hoped that he would return to " these his dominions."] Something must be said to prevent their going on in this way. As this is a demand of money, I believe we shall find Sir Robert more difficult to comply than upon former occasions. He says, (and I believe it) he has wrote very strongly upon these general considerations with regard to Hanover; but one small negative will have more effect than all his fine and most unanswerable reasonings. You will see some hopes still in the Prussian negotiations, if it is not now too late. But you will see also that the King of Poland - says our King is acquainted with every thing he has done. I will finish upon public affairs with only most earnestly beseeching you not to let anything prevent your coming to London. Indeed, if you will allow me to say so, the great situation you are in, the degree of confidence that is placed jointly by the King in us four makes our duty to him to attend upon these great occasions ; and for myself, without your advice, assistance and support, I do not think it is either safe or prudent for me to go on, even this summer. ...I hope I shall hear you are perfectly well and give me leave to conclude with your favourite Horace ! Ne me querelis exanimes luis, mearum Grande decus columenque rerum''. Lord Chancellor to the Duke of Neivcastle [N. 12, f. 438.] WiMPOLE, Aug. loth, 1741. Private. My Dear Lord, Having acknowledged your ostensible, I come now to ' King George was said to have burnt his father's w ill to avoid paying tlic legacies mentioned in it, including one to Frederick's mother, (Jeorge I's daughter. - Augustus, Elector of Saxony, who, according to Harrington's dispatch (f. 78), was to receive large territories taken from Maria Theresa. ' Cf. Horace, Od. 1, xvii. 4. 266 LORD CHANCELLOR answer your Grace's private letter, and must begin by returning you my thanks for the unwillingness you express to call me to town, every instance of which I look upon as a new proof of your friendship to me, who stand in need of that protection at this season. I take it very kindly of you that you remind me of my duty on these occasions, which I readily acknowledge; but at the same time I know that neither my station nor my share in the administration requires my being present at every one of these meetings, nor has it ever been expected of my predecessors in a long Vacation.... What can we say directly to a question whether the King may depend upon being assisted with money by his Parliament for these purposes ? What use might be made of a flat answer in the negative to support neutralities, or the new negotiations set on foot by the ministers sent privately as Elector to the several Courts mention'd in the letter } This is no reason for giving hopes in a very unreasonable thing, but it is a reason for great caution.... [H. 59, f. 80.] [On August 28, the four ministers refuse to draw up a memorial to be addressed to the States General in Holland, and they respect- fully beg the King to return to England, since it is impossible for them to give advice on such complicated afid frequently varying events with advantage in his absence.] Rev. Samuel Salter^ to the Hon. PJiilip Yorke [H. 257, f. 104.] Byrton, September ith, 1741. [Encloses a copy of a letter from the Rev. J. Lowcock, Chaplain- General to the forces at Porto-Bello, dated from New Porto-Bello Harbour, as follows :] " If I dare speak my mind, I would say that I think you would make the properest use of his Lordship's \i.e. Lord Chancellor's] condescension and of my friendship, if you acquainted him with some particulars from time to time, which are studiously concealed by our superiors here, but of which you may depend upon my giving you the truest and most faithful accounts. You know my situation here ; that I am neither disgusted at being overlook'd or postpon'd, nor ambitious of the primacy \i.e. of America] which my Lord of London fills with so much honour to himself and advantage to the plantations, tho' perhaps, should it become vacant, my honest accounts might give me as fair a claim to succeed his Lordship as my brother ^ p. 1 02 n. MILITARY CRITICISM OF ADMIRAL VERNON 267 Richardson's plausible letters and elegant inscriptions can give him. I know he aspires to that post in the W. India Church, and looketh with an evil eye on us, who are chaplains to the land forces. I have been told, he expresseth much dissatisfaction at my taking the title of Chaplain- General and hath thoughts himself of writing himself Chaplain-Admiral. Non equidem invideo, miror viagis. But not to trouble his Lordship or you with our private bickerings, I beg leave to assure you that the relations, which you have from }-our papers (which I am told your Lord readeth and admireth ^ greatly) concerning the state of this town and its forts, are shame- fully false, and that matters here are in a very different state from what they are presented to you. I will only tell you what I myself saw with my own eyes. I was lately drawn by curiosity to survey the monuments of British spirit and patriotism, discoverable, as I had been instructed to think and talk, in the ruin and utter demolition of the many strong and beautiful fortifications about this town '^. When to my exceeding surprize and scandal, I saw myself two forts, the Iron Castle and the St Hieronimo, not only standing and unhurt, but even in a condition to annoy and repel any enemy, how brave soever.... Nay, I will venture to add that I could myself, with a boy's squirt, have done them as much damage. As for the Vice-Admiral and his squadron, I know not how to speak of them without suffering the imputation of malice, rancour, and corruption ; yet I must whisper you in your ear that of the boasted six ships only \sic\ there are now three only fit for service, that the others were indeed lay'd up to refit, but were, when I was in the harbour, in no condition to renew the war. The so much puff'd and applauded Admiral seemeth to me out of his head, a fate I have long suspected would betide him. He is served on the knee, is attended with all the insignia of royalty, hath carried his frenzy to such an extravagance as even to create himself an earl, after having changed his name without Act of Parliament from Vernon to Noel. He hath poorly robbed a most learned and worthy earl of G. Britain of his name, stile and title and suffereth no one to come near him that will not engage beforehand to acknowledge him as Earl of G, or in the language of the proprietors of Carolina, as a Landgrave of the New World. For his crew, they have literally fulfilled the scripture prophecy, for they have turned their swords into plough shears and their spears into reaping-hooks and are gone soberly and peacefully about their harvest ; whilst he [ .'' sitteth] in mock state and hath converted the good ship Burford into a coach and six adorn'd with coronets and radiations...." Thus, Sir, you have my friend, Jack Lowcock's letter to make what use you please. I shall make no remarks upon it at all ; but must say this for my friend (who is since dead, poor fellow !), that as he doth not .seem to have had any ambition, unless perhaps ' I.e. is astonished at. ^ Portohello had been captured I)y Vernon in November 1739, but was destined to be soon relinquished, see \). 195. 268 LORD CHANCELLOR he aspired to the dignity of Archbishop of America..., he may be depended upon as saying nothing from private or sinister views \ S. Salter. Duke of Nezvcastle to the Lord Chancellor [H. 59, f. 89.] Q,\.^.f.Y.yi.OH I, September ()th, 1741. Very secret. Mv Dear Lord, ...You will see, m}- dear Lord, the melancholy situation that things are in abroad, which I think must soon, and most sensibly, affect us here at home ; the Queen of Hungary entirely abandon'd and exposed to the resentment of a cruel and merciless enemy, the countries divided so as to be of little use to those that are to have them^ if there hereafter should arise in them an incli- nation to be of service to the common cause in opposition to their great benefactor; France already giving law to all Europe and (what most immediately affects us) plainly endeavouring to do so to England by their threaten'd invasion of the Electorate of Hanover, and I pray God they may not succeed in that as absolutely as they have already done in everything else. You will see how my Lord Harrington continues in his private letter to assert that the King has amply fulfill'd his engagements to the Queen of Hungary, that his Majesty is the only prince that has appear'd for the House of Austria. I heartily wish my Lord could make out his assertion, and then our affairs would be much easier (at home at least) than I at present apprehend they will be. On the contrary, I must freely own to you that things appear to me quite in a different light. An electoral jealousy of ag- grandizing the King of Prussia prevented at first our setting about an accommodation between the Queen of Hungary and him in the manner we ought; and a fear of his attacking the Electorate afterwards has been the sole reason of our not furnishing our contingent to her, tho' so strongly and so often advised by the King's servants here ; and now, not only a neutrality with the King of Prussia ask'd and (as is said) granted, but the utmost endeavours used by the King's electoral minister at Paris, by Mons'" Bussy^ at Hanover, and by the canal of the Kings of Prussia 1 The writer, huwever, seems anxious to get into the notice of the Chancellor, and shows the common jealousy of the land forces of the Navy, so that his narrative is not entirely dependable. See further, p. 276. ^ This passage, and many others in this letter and elsewhere, have been underlined, but they have not been printed in italics, since no special emphasis seems to be attached to them, and the lines were perhaps drawn subsequently by a hand other than the original writer's. ^ Bussy; see above, p. 245 n. HANOVER NEUTRALITY 269 and Poland (as appears plainly by Amelot's^ letter to Valory-) to procure some declaration from the Court of France that no attempt shall be made upon the Electorate of Hanover; and in return reci- procal assurances are offer'd from the Elector of Hanover that no opposition shall be given to the allies or army of France. And I am afraid the same will be insisted upon from the King of England also, or otherwise it is pretty plain, from Amelot's letter to Valory, that the French will not come into it; and from loi's^ discourse with Lord Harrington it looks as if some conditions with regard to our war with Spain would be tack'd to it ; and God knows how far that principle, which has hitherto intimidated us, may operate, even in this instance ; and when this is the true state of the case, my Lord Harrington is sounding to arms and extolling the resolution of giving battle to the French, in case they enter the King's country. They ask and entreat the French not to fall upon them, offer not to oppose the French in anything and, by an inter- cepted letter of the Bavarian minister at Hanover, it looks as if even His Majesty's electoral vote might be given in favour of the Elector of Bavaria ^ But if, notwithstanding all this, the Court of France should persist in their resolution of attacking the Electorate of Hanover, the King will defend himself with his own troops (six thousand of which are new raised), nine thousand Saxons, if he can get them (and on what conditions they are had is yet a secret to us), and twelve thousand Hessians and Danes, actually in English pay and promised to the Queen of Hungary for our contingent, tho' they have never made one step towards coming to her assistance. How is it possible now to say that the Electorate is attack'd for the sake of the Queen of Hungary.? Is it not, on the contrary, more reasonable to imagine that the Queen of Hungary is abandon'd for the sake of the Electorate? Have we taken one step, since the fatal neutrality first came into our heads, to serve the Queen of Hungary in any one Court of Europe.-* Have we encouraged the Dutch, the Saxons or the Russians to come to her assistance ? Or have we even, since that epoch, shewed ourselves concern'd in earnest to bring about an accommodation between her and the King of Prussia? Ur have we, or do we, in the present circumstances, even treat the Queen of Hungary as a friend or an ally.** And is not Mr Robinson traduced and charged by the King of Prussia (and that in a most disrespectful manner, even to the King himself) with having acted contrary to His Majesty's orders, and hitherto no notice taken of it .■* My dear Lord, we may tell our own story as we please, and endeavour to deceive ourselves, but the truth will undoubtedly come ^ Jean Jacques Amelot de Chaillon, French Minister of State. - Marquis Guy de Valory, French Ambassador at Berlin. ■* I.e. IJussy. ■• It was, in fact, so given, and Charles, Duke of liavaiia, was elected lunperor, as Charles VII, next year, in opposition to Charles, Duke of Lorraine, husband of Maria Theresa. 270 LORD CHANCELLOR out, and I think it will be impossible to prevent a parliamentar}' enquiry into this conduct. If the opposers (which is not to be imagined, when they have such a handle) should suffer it to pass off, we ourselves shall necessarily bring it on ; the demands that will be made for the support of this Hanover peace (or at best Hanover war) will unavoidably bring this whole scene before the Parliament....! am far from thinking that this conduct is to be charged to anything that has been done by the King's servants in England. On the contrary, had our advice been pursued, different measures must have been taken. The Queen of Hungary would have been supported, as far as the strength and force of this Country in its present circumstances would admit ; other powers would have seen some strength to have joined with in support of the common cause ; the King of Prussia might have been either encouraged or intimidated to have come to an accommodation. And above all, the King, having acted pursuant to the advice of his Parliament, would have been fairly and honestly entitled to the assistance of this country for the defence of his Electorate, if then attack'd, on account of the measures which he would then have taken in support of the House of Austria. How that question now stands it is unnecessary to repeat to you. The Parliament advises the support of the House of Austria and (as an encouragement to the King) promises to defend his Electorate, if attack'd on that account. No succours are sent to the Queen of Hungary for fear of provoking her enemies and exposing the Electorate, and yet the Electorate, if attack'd, is, by my Lord Harrington, said to be attack'd purely on account of the measures taken for the defence of the House of Austria. If the King's servants here have been defective in any- thing, it has been in our not representing the ill consequences of the measures pursuing at Hanover. I heartily wish that had been done. It was not forgot, but you know the difficulty that attended any proposition of that kind. We are now to consider what part we will take in the great questions, either in the advice to be given to the King or in the future support of the measures in Parliament. My opinion is too well known not to have created (I am afraid) a very great dislike at present in the King towards me. That may make the con- tinuance in my office very disagreeable ; and indeed, I should be very sorry to remain in the station I am in and expose myself to the dilemma, either of not supporting the King's measures in Parliament, whilst I am in his service, or of being obliged to do it contrary to my own opinion and to every act of my own in the administration. I am not, my dear Lord, now quitting the King's service. I see the difficulty of doing it, at this time, with regard to the King and my friends, and I would as little be thought to run away from danger, as to do what I think really wrong in order to continue in my employment. This consideration has long given me a good deal of uneasiness. As it is right to look forwards, I have taken this opportunity to lay my thoughts before you, upon DUKE OF NEWCASTLE'S OPPOSITION 271 whose friendship and good judgment, I so much depend. I know you think in a great measure with me. I know you feel for me in every circumstance of Hfe, and therefore I beg you would let me have your thoughts upon mature reflexion, as far, at least, as relates to my own conduct. Your Lordship will particularly consider the immediate connection that my station has with the conduct of foreign affairs ; and tho' I am persuaded that no one man alive will seriously think that I have had any hand in any one of these measures that I myself am now blaming, I must own freely to you, it goes to my heart to think that France should have been able to overrun all Europe, to influence in such a degree the measures taken by this Country, and that we should sit quiet and suffer them to do it, during the time of my being with my friends in the Administration I am sure you can never doubt of my being with the utmost respectful affection, My dear Lord, Your most obedient (etc.)... HoLLES Newcastle. Lord Chancellor to the Duke of Newcastle [N. 13, f. 32.] WiMPOLE, Sept. nth, 1741, 7 in the morning. My Dear Lord, ...After having read myself almost blind last night in order to dispatch Cox to Sir R. Walpole in due time, I was forc'd to reserve the answering of your letters to this morning ; but now I am set down to your very secret one. I find it so full of material facts, weighty reasonings and reflections, and put together with so much consistency and clearness, that it justly demands more con- sideration than the time for which it is reasonable I should detain your messenger, will allow. I must therefore beg leave to reserve the particulars for more mature deliberation, and only observe in general that, tho' I see several things to blame, to lament, and to wish otherwise, yet I sincerely believe that if a conduct had been held more agreeable to what your Grace and I approve, yet the case of the Queen of Hungary would, upon the matter, have been still the same, considering the circumstances and disposition of other powers, independent of what Great Britain has done of late, and the little, shameful, interested views of most of the German princes. And, as to what the Parliament may do in their next Session, finding fault is to be expected from an opposition ; but I am far from thinking, by what i hear from everybody wiiom I have 272 LORD CHANCELLOR conversed with, that it will be their sense, or the sense of the people in general, that this nation alone should have entered into a war for her support. On the contrary, everybody seems full of her un- reasonable and blind obstinacy, and provok'd to the last degree at the conduct of the Court of Vienna in not yielding to the demands of the King of Prussia....! don't mention these things as departing from my old opinion — niJiil est quod dicta retractem, — but to suggest that these things ought to be thrown into the scale on the other side. Add to this, that Holland (of whose vigour, preached up so often by Mr Trevor, I am quite tired), is afraid and starts even at the thought of being asked to give the King the least assistance in this exigency.... I writ last night two or three lines of civility to Sir R. Walpole, as he would know the messenger came from hence. I own I could not help saying in it, "that when I considered the terrible situa- tion in which His Majesty at present is, I was almost angry with myself for being out of the way of business at this time ; and yet I could not find in any one of my Lord Harrington's letters, contain'd in these pacquets, that our opinion or advice is ask'd on any one point; nor did I see what we here could do materially in the present circumstances, since His Majesty had been pleased to think that the 12,000 men from hence could not be made useful to him in this exigency \"... Your Grace never judged righter in your life than when you say in your secret letter that yoit know L feel for you in every circum- stance of life. I do so most sincerely and affectionately and will never, as long as I live, give you any advice which I would not, in the same circumstances, follow myself I consider our views and interests as the same ; and our friendship, if you will permit me to use the expression, is the pride of my life ; for I am entirely and unalterably your's, Hardwicke. [N. 13, f. 44.] [The Chancellor writes again on Sept. 1 5 :] Pudet liaec opprobria. There are indeed some here who may with reason and justice say : — Thou can'st not say I did it ; never shake Thy gory locks at me. And yet I see that will not be an answer to all purposes 011 such ' The King wanted the money instead. "PUDET HAEC OPPROBRIA" 273 an occasion Your question, tho' consisting of foitr words only \y\z. "What should they do?"] comprehends much matter and great variety of cases — foreign — domestic — public — private. In short my heart is so full on this subject that for more reasons than one, I don't care to trust myself upon it to a letter by the post. Attamen ipse veniam on Monday next, after which I shall hope for a free and unreserved conversation on these great points. One thing I cannot help observing at present that, as to a neutrality between Hanover and France, our opinions were never so much as ask'd ; and another thing seems to be clear, that the conduct of Great Britain ought to be the same, as if it had never happen'd, — if that be possible. [One of the most serious consequences of the neutrality and the " Hanoverian policy " was their effect on Holland, exposed now to the designs of France and of Prussia. The news of the supposed conclusion of the accommodation with France, writes Trevor [H. 59, f 100], the English envoy at The Hague, now placed by these ambiguous schemes in a most unenviable position, created a con- sternation equal to that when, in 171 2, the English troops retired on the occasion of the Treaty of Utrecht. The Duke, writing on Sept. 15 [H. 59, ff. 102, 104], announces that Lord Harrington had denied that the mission dispatched to France had for its object the conclusion of a treaty of neutrality, but the position of affairs was so extraordinary that it could not continue long without an eclaircissement^^ Duke of Newcastle to the Lord Chaticellor [H. 69, f. 108.] Whitehall, Sept. xfth, 1741. My Dear Lord, I cannot avoid thanking you for the good news you have sent me of your design to be in town on Monday next. Sir R. Walpole, I conclude, will be in town that day also. I shall be very impatient for the opportunity you are so kind as to allow me of talking with the utmost freedom with you upon the im- portant subject (jf my late letters. Your last letter has given me great satisfaction — Ever most unalterably yours, HoLLEs Newcastle. [H. 59, f. 109.] [Writing to the Chancellor on September 18, the Duke declares that in spite of Lord Harrington's denial in his letter to Y. 18 274 LORD CHANCELLOR Mr Trevor [f. 104] he has every reason to believe that a neutrality, or an agreement equivalent to a neutrality, is being negotiated between Hanover and Paris and that the King has determined to abandon the court of Vienna and to give his electoral vote to the Elector of Bavaria. All the Duke's prophecies and former warnings had now turned out too true. The opinion of every man whom he had seen concerning the neutrality was the same, and no one could tell what would be the consequence when it appeared that the interests of this country had been sacrificed to Hanover. Surely a letter might be written to Lord Harrington pointing out the extreme ill-effects of this policy, the fears aroused in Holland and the intense disgust excited in England, and urging that it should not be concluded, or if actually concluded, that it should be made clear that such was the act only of the Elector of Hanover, and not of the King of England, and that the King was determined in his latter capacity to perform his engagements to the Queen of Hungary, made by the treaty of 173 1, and to concert proper measures for the defence of the liberties of Europe^.] [N. 13, f. 75.] [The Chancellor answers on September 28 from Wimpole. In the maze of contradictory negotiations he finds most hope in the possible desertion of the French by the King of Prussia. IN. 13, f. 124.] Writing on October 11, the Duke tells the Chancellor that a circular has been sent round to all the Courts by Lord Harrington, declaring the neutrality to be purely an electoral measure and one not binding the King of England. The declaration, however, appeared to make the position of affairs more, and not less, comprehensible. [H. 59, f. 125.] On November i, 1741, the Duke sends a long paper entitled, " Considerations upon the Present State of Affairs." He advises a treaty between Austria, Prussia, England and the States against France, with support from Russia, Denmark and the Princes of the Empire; this alliance completed, an army of 12,000 English and Dutch to be kept in the Netherlands for the protection of the Dutch, and another army, composed of Austrians, Hanoverians, Prussians and others to act against Saxony and liavaria and the French troops that had joined those powers, and also to defend Hanover. It was hoped that there was nothing in the neutrality of Hanover lately concluded to prevent the King of England engaging in such an alliance. The finances of France were exhausted, her commerce with the West Indies interrupted, and there might be still hopes, if such an alliance were formed, of " retrieving the affairs of Europe."] ' See the letter to Harrington, September 25, I74r (N. 13, f. 61); also H. 59, f. 113. CONTRADICTORY NEGOTIATIONS 275 [H. 505, f. 1 7-] [On October 3, 1741, the Duchess of Marlborough writes to the Chancellor from \Vimbledon, recommending Mr Justice Beeston, a Welsh judge, to the King's favour on the occasion of his retire- ment : — ] If it were possible from my application to do any good, it must be behind the curtain ; for my being nam'd would do hurt. And therefore if your Lordship can think of any way to ease an unfortunate old man that has serv'd so long with credit, you must keep my recommendation of him as a great secret. I cannot end this letter, notwithstanding my wishes never to be troublesome to you, without adding a great many thanks for your goodness in making any excuse for not coming to see me, which I assure you I am not so unreasonable as to expect, being very sensible of the trouble you go through. And your Lordship may remember that I us'd to be surprized at your goodness long ago, when you did me that honour without having the least call to do it. For I was very insignificant and never so fortunate as to have it in my power to do you the least service. I wish you don't think me one of those simple creatures such as I sometimes converse with, who, if one happens to say either a kind, a true or a reasonable thing to, are so stupid that they can't understand it. But I am far from thinking you can give any time to me. And I only wish the continual fatigue you are in may not hurt your health ; and yet I wish for the good of England that you may be Chancellor as long as you live, if you like it, but for the first reason more than for your own sake. One is apt to judge by oneself, and if I were a great man I should prefer keeping the best company I could get with independancy, before any pleasure this world can give. I must now beg of you to make my compliments to my Lady Hardwicke, who I hope is in very good health. The wa[nt] of it to myself can never be lessen'd. But as I am quite alone in this place, I am better pleas'd than I have been a great while, for I see nobody. And at London one is always in dread of seeing those one wishes never to see, or in expectation of seeing some few that are generally better employ 'd than to come. Hopes, I think, seldom come [to] anything. And upon the whole I think my situation is not an ill one. I cannot be disappointed when I have no hope. And I fear nothing in the world but the ffrench, who am in all conditions Your Lordship's most obliged and most humble servant, S. Marlborough. [On September 27 [f. 19] she had written to Lady Hardwicke on the same subject.] 18—2 276 LORD CHANCELLOR Rev. Thos. Birch to the Hon. Philip Yorke [H. 48, f. 37.] London, Nov. i^ih, 1741. Dear Sir, ...I will send you an extract of a letter of a sea-officer written in Cumberland Harbour, in Cuba, Aug. 25th\ He says that the latter part of the attempt on Carthagena will be a disgrace not easily eras'd, and that he has no hopes of making any amends for it by the present undertaking on Cuba ; that the army is in a strong and regular encampment a mile distant from their first landing-place whence they do not choose to advance one step, not even to get cattle which abound in that country ; but spend their time in revelling, gaming, drinking and whoring and are very peaceable with regard to the enemy's having lost but 3 men in the whole 38 days ; that the army, indeed, had not upon other occasions been defective in courage, but that the general is wholly inexperi- enc'd, and what could even an army of lions do with a sheep at the head of them ? As to the ships, they have done nothing, it is true, neither was it intended by the Council of war, since it was thought more feasible to take St Jago by land. The country is a most plentiful one and the safety and commodiousness of the harbours, with the near situation with respect to the French as well as Spaniards, .... render it worth all Jamaica, were it settled. They are fortifying the harbour and it is supposed will stay there till His Majesty's further pleasure be known ; but to maintain their possession it will [be] necessary to be master of St Jago, which can hardly be done without a reinforcement of men and officers, some of the latter of whom are gone to North America to raise recruits. He concludes his letter with these words : " I really begin to wish the war had an honourable end. We succeeded much better with our little squadron than with this great Clog, as our poor Admiral justly calls the Army ; for tho' they do nothing, nor will proceed to action, they must be protected. He still con- tinues his labours for the service of his country and says, if they will be inactive, it shall be in the Enemy's territories...." Your most obliged... Thos. Birch. [N. 14, f. 14.] [On January 10, 1742, the Duke writes to the Chancellor on the attitude to be adopted by the administration in Parliament, when the state of the nation is under consideration, adding: — ] I believe (as things are going) your Lordship and I shall not be employed very often for the future, in preparing business for the House of Lords, or advising measures of administration. By the ^ Cf. above, p. 256. NAVAL CRITICISM OF THE ARMY 277 best accounts I can learn, all might have been easy, quiet and safe, had it not been for the fatal obstinacy of one single man, Resolved to ruin, or to rule, the State. But this only to your Lordship. I shall attend the King to-morrow, and, whenever I have an opportunity, lay before him the state, I apprehend, his afifairs will be in, and where they might have been, had other measures been taken. My representations will have no other effect but to ease my own mind; your strong renionstrajices may succeed better, and I most heartily recommend it you not to be sparing in them; nocuit differre paratis. I am, my dearest Lord,... HoLLEs Newcastle. I most heartily pity my poor brother ; I wish you could see him and tranquillise him a little. CHAPTER XI THE PELHAM ADMINISTRATION TILL THE BATTLE OF DETTINGEN 1742— 1743 There is no truth in the assertion that Sir Robert Walpole's fall was effected by the mean treachery and jealous intrigues of his own allies within the Cabinet. This calumny rests upon no surer foundation than the ignorance or malice of Lord Hervey and Horace Walpole\ We have seen that the loss of influence in the House of Commons and in the country joined to the envy of so great and so long continued a " sole " power, together with an un- popular foreign policy, were the real causes that at last enabled Sir Robert's enemies to triumph over him. No doubt there existed considerable dissent in the Cabinet, especially on the side of the Duke of Newcastle, from Walpole's public policy. But with his former friends and fellow-ministers there was no breach of private friendship. " Sir Robert was well protected by his friends after his fall," writes the second Lord Hardwicke, a good authority, " particularly by Mr Pelham, who had great affection for him, and soon succeeded to his power with universal approbation. He maintained his old connections and was often consulted by them-." He received their visits when in London, and according to the same authority his end was hastened by a journey which he made to town in 1744, on the King's summons, when he gave his support to the Pelham ministers against Lord Granville^ 1 George II, i. 159, 165; Misc. Works and Mem. of Lord Chesterfield, by M. Maty, H. Walpole's copy in the Brit. Mus. and his note, iii. See below, p. 569 «. '^ VValpoliana, i6; and cf. H. Walpole himself ("Detection of a late Forgery," IVorks {i'jg8), ii. 330, 332), " Sir Robert Walpole is made to complain of being abandoned by his friends. This is for once an undeserved satire on mankind. No fallen minister ever experienced such firm attachment from his friends as he did.... The open, known, avowed cause of it [his fall] — the breach between the King and the Prince — a circumstance which Mr Walpole never disguised." * See also Marckmont Papers, i. 8i sqq. , and Hervey's Memoirs, i. (44; Coxe's Pelham, i. aSsqq. ; and below, p. 340. FAILURE OF THE OPPOSITION 279 On the other hand, the essentially personal and factious character of the Opposition was fully exposed after Walpole's retirement. It was naturally expected that the leaders of the party after declaiming against, and holding up to obloquy, the measures and methods of the minister for so many years would, immediately they had succeeded in driving him from power, themselves form an administration and inaugurate forthwith a new and glorious epoch of reform and good government. But they proved too much dis- united by personal rivalries and jealousies to coalesce, and while they were disputing, the government passed again into the hands of the former ministers. " After so long a struggle as had been for many years in Parliament," complained Pulteney, "when the late minister came to be at last fairly run down and got the better of, you may easily conceive that almost everybody in the Opposition expected some employment and a total change of hands ; scarce any person (though never so inconsiderable) but had carved out some good thing to himself, and many there were who thought they had a right to be consulted in the proper changes that were to be made. When this was found not to be the case and that the negotiation was fallen absolutely into Lord Carteret's and my hands, many were disappointed and dissatisfied. A schism was im- mediately made by some of the most considerable of our friends and some were persuaded to forsake us This, you may perceive, soon weakened us and gave strength to the Court again; but what is the hardest of all is that these very people, who thus deprived us of the power of extending the bottom and providing for many of them, grew angry with us that more were not preferred, though they were the only means of hindering it^" The old administration, accordingly, continued without any great alterations, and without any great additions from the Opposition or the Tories, the entrance of whom the Chancellor strongly opposed 2. After several consultations between Lord Hardwicke and the Duke of Newcastle on the one side and Carteret and Pulteney on the other^ the government was re-established with Lord Carteret Secretary of State and with Lord Hardwicke, the Duke of Newcastle, and ' Lord Bath to Lord .Stair, February n, 1743, II. iio,f.24; also II. 37, f. 17; Coxe's Walpole, iii. 579. * Pari. Hist. xii. 412, Seeker M.S., February 12, "Lord Chancellor in the eveninj;, in ijrivate discourse to me, strong against taking in any Tories; owning no more than that some of them perhaps were not U>x the Pretender, or at least did not know they were for him." ^ Life of Dr Z. 7'earce (iH 16), i. 393; Life of Dr T. Newton, ii. 47; Glover's Metn. 3-6; Coxe's WalpoU, i. 699 sqq. 28o THE PELHAM ADMINISTRATION Henry Pelham in their former offices, and in the Council of Regency during the King's absence, while Spencer Compton, Earl of Wilmington, was made First Lord of the Treasury and nominal head of the administration, the same obscure person who had filled the gap at the accession of George II, and who was now once more chosen in order to avoid the necessity of appointing a leader from one of the contending factions and thus bringing to a head jealousies and dissensions^. Pulteney, finding little assurance of support from his former followers, while remaining a nominal member of the Cabinet without office, disappeared practically from politics and retired to the House of Lords, as Earl of Bath, where he and Walpole, as the latter is said to have taken pleasure in reminding him, became " two as insignificant men as any in England^" Lord Hervey, who had clung to office after Walpole's fall, was finally dismissed in July 1742, and retaliated in anonymous ballads and pamphlets directed against the ministry. " Besides abusing Patratus," writes Philip Yorke to his brother Joseph, "the Duke of Newcastle and 60 other people in a ballad' which has made much noise, he has just writ a pamphlet {Miscellaneous Thoughts on the present Posture'] in which... he blames the Ministry for exhausting England to support the Queen of Hungary when none of her allies, not even the Dutch, would take any share in the danger and expense, and says Sir Robert never hurt his own interest 1 Pari. Hist. xii. 1119. Hon. Spencer Compton {c. 1673-1743), 3rd son of James, third Earl of Northampton, had held various appointments under the Whigs; Speaker of the House of Commons (1715-1727) and then designated by George H as Prime Minister. Walpole, however, kept his place, Compton being created Earl of Wil- mington, K.G. , and Lord President of the Council. " Wm King's Anecdotes (1819), 43; H. no, f. 24. " One day, some time after the House of Lords was up and the House empty, the Duke of Newcastle, Lord Hardwicke, and Mr Pulteney were observed to have a long and warm conversation, which ended for the time by Mr Pulteney's going away in a great passion and the others following him. One of the clerks soon after perceived a paper torn into several pieces where they had been standing, which he was at the pains of putting together, and found it was the King's letter creating Mr Pulteney Earl of Bath to which, however, he was at last reconciled." Lord Fitzmaurice, Life of Lord Shelbume, autobiography, i. 47. According to H. Walpole, Pulteney, on the occasion of his taking his seat in the Lords dashed the patent on to the floor in a rage. The anecdotes are given for what they are worth, but neither writer is usually accurate in his facts. Diet. Nat. Biog.\ see also Anecdotes and Speeches of t lie Earl of Chatham, by Almon (1793). i. 75sqq. * PL 15, f. 15; H. 12, f. 97. The verse of the ballad styled A new CIpurY Ballad or the S\ld\te M\iniste\rs are come, vilifying Lord Hardwicke, ran as follows: — "And as Miser H[ardwickel with all Courts will draw He too may remain, but shall stick to his Law; For of foreign affairs when he talks like a fool, I will laugh in his face, and will cry 'Go to school.'" THE PELHAMS IN POWER 281 in the Cabinet so much as by opposing His Majesty's bias to Hanover." Lord Hervey closed his mean and discreditable career in August 1743^ The influence of the Pelhams, owing to their unremitting attention to business and to the large borough influence and following in the House of Commons enjoyed by the Duke of Newcastle, steadily increased from this time. That of Carteret, on the other hand, though a person far more acceptable to the King on account of his German inclinations and his acquiescence in the royal Hanoverian ambitions, who for a short time obtained an ascendancy in the Cabinet, but who had no support in the House of Commons or in the country and no control over supplies, as steadily declined-. Accordingly next year, on the death of Lord Wilmington, in July 1743, in spite of the efforts of Lords Carteret and Bath to secure the chief power, the King, on the advice of Lord Orford, appointed, in August, Henry Pelham First Lord of the Treasury and Chancellor of the Exchequer^ That this choice, strongly supported by the Chancellor's influence, was a wise one cannot be doubted. Of the leading men of the day the Pelhams alone were fit to be entrusted with the rule of the State. Lord Bath was repudiated by his own supporters and superseded. Lord Chesterfield, a man of high intellectual ability, " esteemed the wittiest man of his time, and of a sort that has scarcely been known since the reign of King Charles H,...a very graceful speaker in public V' and a clever diplomatist, who later carried out his duties as Lord-Lieutenant of Ireland with success and a notable absence of friction, was however remarkably lacking in political prudence and foresight and in the sense of responsibility necessary for the position of first minister of the State, while his talents and genius were too various to suffer him to endure patiently the load and drudgery ' " Lord Hervey," writes Thos. Birch to Philip Yorke, August 27, 1743 (II. 48, f. 137), " has died much richer than was expected lie has left a legacy to the public of several volumes of his writings, the principal of which are a kind of Memoir of his own Times in which it is highly probaljle he will fully gratify both his peculiar resentments and the personal malignity of his nature." "^ See Lord Orford's letter to Henry Pelham : *' He gains the King by giving in to all his foreign views; and you show the King that what is reasonat)le and practicable can only be obtained by the Whigs." He ends his letter "The share you have in this great event is not the least part of my anxiety. I love you, I fear for you ; but courage, dear Harry, and resolution will carry you through." Coxe's Pelhain, i. 104; and Coxe's .Sir Robert Walpole, i. 734. ' ?• 3.37! Coxa'^ Pelham, i. 103, 110-3. * Speaker Onslow, Hist. MSS. Comtti., Karl of Onslow, 472. 282 THE PELHAM ADMINISTRATION of office. His private character too inspired little confidence and he was personally obnoxious to the King. He was an opponent of the claims of Hanover and of the German policy of the Govern- ment. Moreover, he had married a natural daughter of George I by the Duchess of Kendal, and on the latter's death had persisted in prosecuting a claim against the King for ;i^40,ooo. William Pitt, born in 1708, younger son of Robert Pitt of Boconnoc in Cornwall, M.P. for Old Sarum, and groom of the bedchamber to the Prince of Wales, whose striking talents and oratory had already made a great impression in Parliament and in the country and who had now become a power to be reckoned with, had risen into notice by his support of the factious opposition to Walpole and by his violent attacks upon Hanover which had occasioned his dismissal from the army, which were never forgiven and which long kept him out of the administration. Though fully conscious of Pitt's great abilities, and though on several occasions he urged the King to admit him to office, and at last with success. Lord Hardwicke never regarded him as a safe leader of the national policy. Pitt's fiery eloquence and splendid periods did not appeal to the Chancellor's calm, sober and dispassionate judgment. Himself from his youth upwards a member of administration, he regarded all opposition to the government of the country as, in a certain measure, seditious and unpatriotic. He disapproved strongly of the attacks made upon the King himself and of Pitt's violent diatribes against Hanover, and regarded his constant appeals from Parliament to the people and his play to the gallery with feelings akin to disgust. John, second Lord Carteret, born in 1690, later, on the death of his mother in 1744, Earl Granville, according to the opinion of his contemporaries — and there is no other monument to his fame — had brilliant abilities, great learning, and an extensive knowledge of diplomacy and politics. He was one of the most effective and eloquent orators of his time. " He was a fine person," says Lord Shelburne, his son-in-law, " of commanding beauty, the best Greek scholar of his age, overflowing with wit\" According to Lord Chesterfield, he was " master of all the modern languages." According to Horace Walpole, he was the greatest genius of his day. He had, however, all the disadvantages which often attend genius and all the irregularities of an unbalanced mind and temperament. The levity of his conduct was extraordinary in one who held high ^ Lord Shelburne' s Life, by. Lord Fitzmaurice, i. 38. CHESTERFIELD, PITT, CARTERET 283 office. He never even simulated any patriotism or fixed principles and professed to treat politics as purely a game and an amusement. According to the elder Horace Walpole, who seriously criticises the ministers for submitting so long to his influence, he had " no plan and no other consideration but to discover what his master desires and to encourage and pursue that point at all hazards and events'." He frequently came to the Council drunk and his irresponsible and audacious schemes owed much to the enthusiasm of the bottled There was much truth in Pitt's diatribe against him in which he described Carteret as " an execrable, a sole minister, who had renounced the British nation, and seemed to have drunk of the potion, described in poetic fictions, which made men forget their country''." Since the fall of Walpole he had obtained complete control of foreign policy, talked German with the King, accompanied him in his journeys abroad, and entered into large German and Hanoverian schemes on his own responsi- bility, at the bidding of the King, without the approval or knowledge of the ministers at home. Lord Carteret's " parts and wit" and his "good humour," says Horace Walpole, caused much in his conduct to be forgiven and forgotten ^ But the levity of his public life was to the Chancellor both unintelligible and con- temptible, and he generally spoke of him in terms of indignation and aversion. As a minister he regarded him as little better than an adventurer, who, in pursuit of his own interests and advance- ment, would barter away the essential foundations of England's greatness. Though often for vigorous measures, as we have seen, when he believed the national rights to be seriously invaded, or when war was actually begun or inevitable, and though far from thinking that England could rest secure while the power of France increased, or remain in " splendid isolation " from the Continent of Europe, the Chancellor in general showed a marked distaste for European wars and complications, and believed that England's safety and power depended rather on the maintenance of European peace and in the developement of trade and of the Colonies. * Coxe's Lord Walpole, ii. 74; and helow, pp. 319 sqq. ' Cf. H. I'elham to II., August 27, \'l^^ (II. 75, f. 1-26): " I was in hopes to have had some conversation with your Lord.ship last night, V)ut the drunken state of our council, or at least one of our councillors, made it impossible for me to say much. ...Perhaps the lowness of my spirits may make me an improper judge, but the height of the other's makes him a dangerous one." ^ Pari. Hist. xiii. 136. * George III, i. 186. 284 THE PELHAM ADMINISTRATION Accordingly, from the erratic genius of these great men, from the dangerous flattery of the King by Carteret, and from the dangerous flattery of the mob by Pitt, the Chancellor turned with a feeling of security and satisfaction to the aurea mediocritas of the Pelhams. This mediocrity has been too much emphasised by writers to whom the more showy career of Carteret and the more dramatic quality of Pitt's genius appeal too exclusively. In reality, Henry Pelham possessed great natural abilities and performed great services to the nation. Though unlike Sir Robert Walpole in character, being timid and pliant when opposed, reserved and fretful and wanting in optimism and good humour, he inherited and carried on Walpole's great national policy — the peaceful developement of the country. He was a sound and successful financial minister, an excellent and industrious man of business, a good manager of Parliament and leader of the House of Commons. Actuated by an honest and genuine love of his country, he upheld the government and guided the state through times of dangerous crisis, during a great war, a great rebellion and a hostile invasion, and his long tenure of power was marked by the carrying through of many useful and important reforms. Thomas Pelham-Holles, Duke of Newcastle, his elder brother, who had held office for several years under Sunderland and Walpole, has been, perhaps more than any other public man, the subject of ridicule and disparagements Lord Macaulay has described him in a graphic and amusing passage in his Essay on Horace Walpole s Letters to Sir Horace Mamt ; and innumerable anecdotes are related at his expense by his contemporaries to exhibit his ignorance, folly, or vanity. No doubt this ridicule was in part deserved. His love of power was excessive. He devoted nearly the whole of his large fortune to building up the great political interest in the country which was to be his chief support in office. The approach of a possible rival to his influence threw him into convulsions of terror and anxiety, and serious difficulties in carrying on the government arose from this jealousy and from the Duke's refusal to place men of sufficient ability and power in ^ Son of Thomas, first Lord Pelham, by Grace, sister of John Holies, Duke of Newcastle, and born in 1693, he succeeded his father in 17 12 and inherited a great part of his uncle's estate in 1714. He adhered stoutly to the Hanoverian cause, and was created Duke of Newcastle for his services in the rebellion of 1715. At first a follower of Townshend, he joined Sunderland in 171 7 and was made Chamberlain and subse- quently K.G. in 1 7 18. He was frequently included in the Council of Regency, and had held the office of Secretary of State since 1724. HENRY PELHAM AND DUKE OF NEWCASTLE 285 the House of Commons to defend the measures of the ad- ministration. A series of subordinate ministers were at first taken up, caressed and applauded, only to be later the objects of jealousy and suspicion, and finally to be driven into hostility^ His mind could never be composed ; he lived in a constant ferment and agitation, says Lord Waldegrave, which must have destroyed any other man^ His intense jealousy of his colleagues would have made the life of any man less inconsequent intolerable, and his correspondence with the Chancellor is filled with complaints and fears of the other members of the Cabinet, and with piteous appeals for his support against their supposed intrigues. His jealousy of his own brother more than once threatened to upset the administra- tion, and without the powerful influence and intervention of the Chancellor would certainly have done so. Occasionally the Chan- cellor himself was the object of his ill-humours, having inadvertently offended some susceptibility, but these small misunderstandings were speedily dispelled by forbearance and kindly tact and judicious reasoning^ His life was a continual contest for personal power or else a continual anxiety lest he should be deprived of it, like that of a miser divided between the labour of amassing gold and the fear of losing it. But besides the substance of power the Duke took a feminine delight in the show and appearance of it. He loved the praise, appreciation, and flattery of his friends and colleagues. He enjoyed the personal importance attached to high office, the crowded levees where numbers waited to ask favours, or to receive commands, and where he would be seen overborne by the weight of business, talking to three men at once and saying nothing to the purpose. On all occasions, whether receiving foreign ministers, inspecting fortifications in the Netherlands, or directing the wheels of diplomacy, politics and patronage, he liked to play the part of a great man. Yet no man ever understood so little how to maintain that outward dignity of great place which he so much desired. His hurry and fussiness, his strange ways, his indecorous manners, the nonsense let drop in his confused, flurried and rambling discourse, in which he contradicted himself every instant, the ridiculous importance attached to trifles of domestic concern, his fear of cold and of damp beds, afforded ' See the skit by Sir Charles Hanbury Williams, Works, ed. by H. Walpole, i. i. ^ Memoirs, lo stiq. * See e.g. the letter of the Duke, of March 14, 1743, which instead of the usual terms of endearment begins stiffly "My Lord," and concludes "Your most obedient humble servant." 11. 59, f. 182. 286 THE PELHAM ADMINISTRATION general amusements " I am obliged to you for the care you take about my bed," he writes to Lord Hardvvicke before arriving at Wimpole, " you must forgive the weakness and folly of an old fellow but I am afraid I had that when I was young^" No one was ever more unsuccessful in gaining the respect of men or more subjected to general rudeness and rebuffs. And to this he exposed himself greatly by his total want of reserve and restraint and by his too familiar and undignified manner and address. " It was unaccountable to me," writes Joseph Cradock, " that so much as he had been ridiculed by Foote on the stage, that he could not restrain himself, even in the street, from seizing your hand and holding it between his hands, while perhaps he would ask the most unnecessary trifling questions^" " No change changes him," wrote Joseph Yorke commenting on his absurd style of writing, " for he will live and die like himself and unlike any other person S" But these outward eccentricities did not constitute the whole man. " He is not to be judged of," said Charles Yorke, " by the rules by which you would try most ministers^" It must be remem- bered, moreover, that his picture has been drawn almost entirely by his enemies, by men disappointed of rewards and places, or by persons such as Lord Hervey* and Horace Walpole, whose pages are stained by low calumnies, and where wit or malice have dwelt too exclusively on the traits which amuse or which disparage. The Duke of Newcastle was far from being the inept dunce and driveller described by Macaulay. Though "too apt to think in a hurry and be alarmed at every trifle," writes the second Lord Hardwicke, no partial witness, he "did not want parts''." His speeches in the House of Lords where he was eclipsed by brighter stars, though they have no claims to eloquence or art, are often much to the point; and he frequently withstood successfully in debate strong attacks made upon the government. Lord Walde- grave, who declares his manner ungraceful, his language barbarous and his reasoning inconclusive, allows that he laboured through a debate, fought boldly, never gave up the cause and was never at ^ Lord Wilmington had said of him " The Duke of Newcastle always loses half an hour in the morning which he is running after the rest of the day without being able to overtake it," Walpole's George // (1847), i. 163. Lord Chesterfield's character of him; Coxe's .Ptlham, i. 3 sqq., and H. 12, f, 1 1 1 ; and below, chap, xxi., Col. J. Y. to Lady Anson, Feb. M> '75^sq. .549- ■* PP- 344-5. 353. 357. .360. 5 Add. 35,337, f. 82. LORD GRANVILLES CONDUCT 331 to render it impossible for them to cooperate any longer in the King's service, and it was manifest that the public interest suffered not a little by their disunion as to measures abroad and contests for power at home ; with the blame of which he must be charged by all reasonable men, who, blinded with ambition and vanity, provoked contradiction by rash and impracticable counsels, and began the struggle for superiority in the closet. Lord Granville, ever since his return out of Germany, had taken all opportunities to lessen the credit of the old ministers and alienate their master's affections from them with a view, either of compelling them to act in a slavish subserviency to himself, or to quit those places they could no longer keep with honour^ In the management of the war, which from the King's opinion of his skill in foreign affairs was carried on by his advice, there appeared in too many instances neither contrivance nor wisdom in our designs, nor concert with our allies, nor despatch nor method in our preparations, nor vigour in the execution of them"^. At meetings on business he exposed himself by the frantic sallies of an imagination heated with claret, and a behaviour sometimes overbearing and insolent, at other times complaisant, fawning, never cool and ingenuous. To the Chancellor he was particularly liberal of his professions, yet was secretly under- mining him and (if the other was not quite misinformed) had made an actual offer of the seal to my Lord Chief justice Willes*. " Such were the terms on which he stood with his brother ministers. By the nation in general he was held in abhorrence, not only from the character he had acquired of insincerity and false- ness, but from an opinion taken up that he was desirous of pro- longing a war, to the conduct of which he had shewn himself very unequal, and that, instead of checking and discountenancing the King's unhappy partiality to his electoral interests, he had from private views, raised and fomented it to such a degree, as greatly to lessen the affections of the people. The public ill humour was increased by the inactivity of the campaign in Flanders and the unlucky alteration in Germany, from the King of Prussia's infamous breach of faitli. It brought back to their minds in how unaccount- able a manner the success at Dettingen had been thrown away and the emperor's overtures neglected the last summer, when this noble lord was in the fulness of his power, the only English minister at the campaign. When Lord Chancellor came to town in September ' Cf. H. \V.alpole {Letters, i. 393), "The secretary, since his return, has carried all with a high hand and treated the rest as ciphers. ...He is never sober: his rants are amazing, so are his parts and spirits." - Elsewhere I'hilip Yorke writes : "lie was an overbearing, presumptuous minister... ; in the Dettingen campaign, either through his own or his Ma.ster's fault, he managed but awkwardly; but truth obliges me to say that the war was not better conducted on the Continent after he was forced out, nor could Lord Chesterfield bring the Dutch up to our proportions, and the Duke of N. himself, under the wing of a military prince of the blood, grew as fond of the war abroad as Lord Granville iiimself. His brother and he almost came to a rupture about it in 1749 or 8. H." H. 60, f. 64. See below, chaps, xviii., xix. * [Note in apparently the Chancellor's hand : | I lliink this fact very doui^tful at best. 332 DEFEAT OF LORD GRANVILLE 1744, a resolution was taken by him and his two great friends, the duke of Newcastle and Mr Pelham, after maturely weighing the errors which had been committed in the management of the war, and the difficulties with which the vigorous prosecution of it would be attended, to put things if possible on a better footing against another year, and to begin by getting rid of so dangerous a minister as the earl of Granville. It was thought advisable that the first step in this good work should be to lay before the King a strong and clear representation in writing on the state of his affairs, which might afterwards be enforced in private audiences, and the finishing stroke put to it by convincing him of the necessity he lay under, for the benefit of his affairs, of parting with his favourite servant. "The Chancellor undertook to be the draftsman of this paper^ ; and when it had received the approbation of the two great persons above mentioned, and the earl of Harrington, who were by no means sparing in their compliments to him upon the performance, it was communicated to the rest of the cabinet, viz. the dukes of Devon- shire, Dorset, R[ichmon]d, Argyle and Montague, and they all engaged to support the measures recommended in it with all their influence.. ..[It] was allowed by all who saw it to be the composition of an able head and an honest heart. The lord Bol[ingbroke]^ in particular, after reading it, returned it to the Chancellor with this short testimonial in its favour, ' My Lord, I will seal it with my blood.' " This paper, wrote the Duke of Newcastle to the Duke of Grafton on September 28^, "has had the most universal approba- tion from all our friends that have yet seen it....Tho' I am very partial to the author, I really think I never saw a more clear, wise, judicious deduction and representation of our present situation than this is ; and the remedies or future measures to be pursued more honestly and plainly laid down.... As soon as Lord Chancellor had finish'd it, (which was in one day, and .Lord Harrington says he believes never such a paper was ever prepared before in one day) we had a meeting of our friends then in town ; and we agreed to defer the delivering it till Lord Chancellor should come to town, on the I ith, that he may be here to back it." "DRAFT OF A PAPER RELATING TO THE STATE OF THE WAR^ " Delivered to the King by the Duke of Newcastle in the name of Lord Chancellor, Lord President, himself and Mr Pelham, Nov. i, ' It was written out on September 19 (N. i8, f. 315). His letter forwarding it printed in Coxe's Pelham, i. 176. 2 See below, p. 377. » n. 18, f. 329 ; Coxe's Pelham, i. 177 ; also N. 18, f. 347. ■* H. 522, ff. 63 sqq., 264. REMONSTRANCE TO THE KING 333 1744, at about \ an hour after two o'slock, and sent back by His Majesty to Newcastle House, under a cover seal'd up, about \ before four the same day. " At the time of dehvering it, his Grace acquainted the King that the Duke of Dorset, D. of Grafton, D. of Richmond, D. of Devon- shire, D. of Montagu, D. of Argyll and Earl of Pembroke had been made acquainted with the contents of this Paper and entirely concurr'd in opinion with it. " The transactions and events of the current year and the near approach of the meeting of the Parliament have induced several of the King's servants, out of duty to His Majesty and concern for their country, seriously to consider of the present critical situation of affairs and of the principles and methods whereby, in their humble apprehension, His Majesty's service may be carried on and sup- ported in the next session. " The great change^ which has lately happened in the posture of affairs abroad, makes it necessary to look back to the principal foundations, upon which it was thought that measures of vigour and force might reasonably be pursued by Great Britain for the defence of the House of Austria and the maintenance of the balance of Europe, with any probability of success. " Two points were generally allowed to be essential : " 1st. That the King of Prussia should be detached from the system in which he was then unhappily engaged, and a reconcilia- tion be effectuated between him and the Queen of Hungary. " 2nd. That the States General should be prevailed on to execute the engagements of their treaties and to make cause commune with Great Britain. " Of both these being obtained, strong expectations were given. The first appeared to be absolutely requisite on account of the great power of the King of Prussia in Germany and the numerous armies he had on foot, which, when joined with France and her other allies against the Queen of Hungary, amounted to such a formidable strength as was judged almost impossible to be balanced." It was thought, the memorial continued, that this had been obtained by the Treaty of Breslau ; but now the King of Prussia had thought fit to break through all his engagements, to invade the Queen of Hungary's dominions and had captured Prague, being joined as well by the King of Sweden and the Landgrave of Hesse ' I.e. the renewed attack of the King of Prussia upon the Queen of Hungary. 334 DEFEAT OF LORD GRANVILLE Cassel. An entirely new state of things was the result of this invasion. The Arch-Duke Charles had been obliged to retire from Alsace, France was freed from all pressure on that quarter and at liberty to use her forces in other enterprizes and to crush the allied army in Flanders. The entire scheme of foreign policy had broken down. What resources were left? As to Russia, the Czarina had indeed promised the 12,000 men stipulated by the defensive treaty of 1742^ but their arrival before the next campaign was unlikely and their employment would be limited to defensive measures and restricted by the power of France at that court. As to Saxony, though that state by treaty and also by interest was strongly engaged with the House of Austria, yet its forces were small, and these joined with those of the Arch-Duke Charles would be scarcely a match for the armies of the King of Prussia. So much for the first " grand foundation." With regard to the second, the alliance with the Netherlands had hitherto proved of very small assistance. Some steps had been taken in preparations for war, always, how- ever, falling short in point of time and point of force. War had not been declared against France by the States, although such an act, after the declaration of war by France against England-, was beyond question casjis foederis, and there was no treaty between England and Holland settling the proportions of forces and money to be supplied by each power. Holland was doing practically nothing, while England had 40,000 men in the field and vast fleets at sea, and this year paid subsidies to different princes to the amount of almost ^700,000^ It was impossible to go on in such confusion and uncertainty, with no general object, every state pursuing its own ends and the common cause being continually neglected and sacrificed, while the whole burden of the war fell upon Great Britain ; the demands for money also from Parliament increased every year and would exceed the ability of the already impoverished nation to satisfy. It was therefore recommended that the King should immediately (as some of his ministers had advised before, but their counsel had been neglected) come to a clear explanation with the Netherlands* ^ Between England and Russia. ^ The formal declarations of war between the two countries had been made after the attempt at invasion this year. * In June 1745 the sum was reckoned as ;,^i, 178,000 by the Duke of Newcastle ; see below, p. 386. ^ This was opposed by the King and Carteret, but in May 1744 a project of alliance was proposed to the States by the Duke of Newcastle; see below, p. 386. LORD GRANVILLE S RESIGNATION 335 and with his other allies, demanding especially the declaration by- Holland of war against France, and the full performance of their treaties with England, and settling the proportions of forces and of subsidies and the chief command. The next campaign might then be undertaken totis viribus and under more hopeful conditions^ Ifhow- ever, such a system could not be formed and if Holland especially, which was now the only possible ally left to Great Britain, refused to declare war and throw in her lot with the common cause, then, as a general war could not be made upon any practicable system, it was submitted whether it would not be wiser forthwith to propose to Holland to concert with Great Britain a general peace. If both these schemes should fail, it would then be necessary to consider another plan for the defence of Great Britain. " The Duke of Newcastle," continues Philip Yorke's Journal^, "delivered this paper to the King, the 31st of October [Novem- ber 1st], but whether he was displeased with the contents or did not immediately see the drift of it, he returned it to the Duke in a few hours, without any signification of his thoughts upon it. But the framers of the memorial were determined not to let it drop so easily and began in their private audiences to explain and enlarge upon the advice it contained^ When the most delicate point of all came in question, which was the dismission of Lord Granville, many difficulties occurred and an uncommon degree of tenderness and esteem was expressed for him. Nor is it to be wondered at, since he had found out the art of governing the King by his hopes. It was frequently repeated with warmth to the Chancellor, who had the principal share in this intrigue, ' You would persuade me to abandon my allies ; that shall never be the obloquy of my reign, as it was of Queen Anne's ; I will suffer any extremities rather than consent to it.' The meeting of the Parliament drew near whilst this affair hung in suspense, and as everybody saw it must be determined before the opening of the session, tlieir expectations were much raised and their sentiments divided as to the issue of the struggle; but in their wishes they were perfectly unanimous and dreaded nothing so much as a compromise. At last the King said he would have his Speech drawn and judge from the turn of it whether he approved the measures. The Chancellor, in obedience to his com- mands, brought one and left it with him, and the next time he went into the Closet, his Majesty produced it transcribed from beginning ' A precis of this paper is given l)y P. Yorke (Add. 35,337, f. 83) who adds a footnote : "Such a concert, tho' not adequate to our expectations, was afterwards concluded with the States by Lord Chesterfield and Mr Trevor [in the Quadruple Alliance of 8 January, 1745 ; see below, p. 386]. The subsequent campaigns were ushered in by Treaties of this nature which none of the Allies, except LI. Britain, ever punctually fulldled." * .'Vdd. 35,3371 f. 84; see also Marchmont Papers, i. 69, 76, 82. 3 p. 366. 336 DEFEAT OF LORD GRANVILLE to end in his own hand, which trouble, it was supposed, he gave himself for the sake of inserting two or three additions suggested by his favourite. The only one of importance he consented to leave out, when the ill consequences that might attend it were laid before him. It was, if I remember right, a declaration to Parlia- ment that he would agree to no peace till all his allies had been satisfied, and came in after the words about not abandoning them, which are in the printed speech^ In the same audience, which was on Friday, the 23rd [November], the King [who had meanwhile summoned Lord Orford to town on November 7, and been decisively influenced by the latter's strong advice not to persist in his support of Lord Granville-] acquainted the Chancellor that Lord Granville should resign ; but this was not resolved on till the latter had tried every expedient to save himself and, as his last resource, proposed carte blancJie to the opposition. " His Royal Highness, who unfortunately had no point of union with his father but a fondness for Hanover and an attachment to Lord Granville, first offered himself as a mediator between the contending parties in the ministry. When that did not succeed, he set on foot a negotiation with the other side by a message to Chesterfield, Gower, and Cobham, to this effect, ' that as the differences in the administration were grown to that height through the unreasonableness of Granville's enemies, that some changes must necessarily ensue: if they and their friends would come in and support the said earl, a general removal should be made of the old court, and the whole Broad Bottom (as it was called) provided for without reserve.' This overture was seconded by a message from Granville himself, and hopes were thrown out to the Tories of a dissolution of the Parliament, but to no purpose ; for the persons applied to returned a short answer that they could not think of accepting any terms whilst Granville continued in power'^. The Treaty being thus abruptly broke off, this hunted minister, at present an outcast from all parties, was obliged to resign [Novem- ber 24], having first laid the foundation of future merit and favour by giving assurances that himself and his friends would heartily concur in supporting the war, and even outgo the ministers on that head. The seals were immediately given to Lord Harrington'*^ who had acted in a perfect concurrence with the Chancellor and his friends during this transaction, whose experience in foreign affairs was useful in business, and at the same time his person very acceptable in the Closet," * Pari. Hist. xiii. 981 ; pp. 368 sqq. 2 Coxe's Sir R. Walpole, i. 741, iii. 602 ; and Lord Walpole, ii. 90 sqq. * Cf. Alarchfriont Papers, i. 88 ; Caldwell Papers, pt II. i. 67. * William Stanhope, first Earl of Harrington (1690? — 1756), had been long in ofifice under Walpole as Secretary of State when he supported the King's Hanoverian policy and gained great favour. On Walpole's fall he became President of the Council, and now joining the Pelhams and the Chancellor in their opposition to Lord Granville, replaced the latter on his dismissal. HENRY PELHAM FIRST LORD OF TREASURY 337 Correspondence [H. 59, f. 249.] [On August 22, 1743, the Duke informs the Chancellor that he has received another letter from Lord Carteret, concerning the transactions with Vienna, which Court viewed the negotiation with the Emperor with considerable suspicion. A successful attempt was now made to gain over Lord Harrington, who had the advantage of possessing the King's confidence, and had hitherto followed the royal Hanoverian partialities. The Duke forwarded also " a very good letter " which he had received from Lord Orford.] Duke of Newcastle to the Lord Chancellor [H. 59, f. 251.] Whitehall, Tuesday night, 11 o'clock. [Endorsed by Lord H. Aug. 23, 1743, at night."]' My Dear Lord, This evening a messenger arrived from the army with the enclosed agreeable but most surprising news. I send you all I know of it, and beg you would send the letters back to me by the messenger, when you have read them. My friend Carteret's letter to my brother is a manly one, and that to me in many parts of it has the appearance of a kind one. It is plain we have got the better of him, and our Master has been surprisingly firm ; but what has produced this, just at this time, I am yet at a loss to conceive. The use we are to make of it and the answers both private and public will require great and immediate consideration I beg you would dine with us tomorrow at Lord Lincoln's, where we may have some discourse.... I am ever yours HoLLES Newcastle. [The Chancellor sends his congratulations on the "happy event " the next day. (Coxe's Pelhaw, i. 88.)] [II. 239, ff. 156 sqq.] Young Mr York, a son of the Lord Chancellor [writes Mr Hume, the Commissary to his brother, on August 27, N.S., from Mainz], lies here very ill and not without great danger ; he has a slow fever which makes him very low-spirited, and the more so as he finds the army marcht away this day, and he and some more sick people left in this town. 1 am told about noon this day that he has fallen into a breathing sweat which gives some hopes that he may soon recover. * N.I5. This was upon Mr I'elham's being made Chancellor of the Exchequer, when Lord bath wanted to be at the head of the Treasury. H. Y. 22 • 338 DEFEAT OF LORD GRANVILLE Lord Chancellor to Capt. the Hon. Joseph Yorke at Mainz [H. 6, f. 36.] Powis House, Aug. 25/^, 1743. Dear Joe, Your mother and I were much alarmed today by hearing accidentally that you are confined by sickness at Mentz. I suppose you avoided letting us know for fear of giving us concern but, tho' that is kind in you, yet we wish always to be informed of the true state of your health. Sickness must be submitted [to] by every body; therefore I beg you would not make yourself uneasy about your not being able to follow the army in their present march. Not knowing the particulars of your illness, it is impossible to give you any particular directions, but be sure to get the best assistance of physicians or other help which either the army or the city of Mentz will afford. I have writ to M'' Hume, the Commissary, by whose means we heard the news, to give you his utmost assistance, and Mr Pelham has writ also by this post to M^ Hunter at Frankfort to do the same. If you want any money, either of them will give you credit and for God's sake be particularly attentive to the re- covery of your health and procure the best lodgings you can and the utmost assistances possible. If your illness should be an inter- mitting fever and it should be stopt, take care to repeat the bark every fortnight for fear of a relapse ; and above all things don't be too precipitate in following the army when you fancy yourself well, for that will only delay you in your business by new hazards and not forward you. As soon as you receive this, let somebody write to let us know the exact state of your case and I will send you the best advice can be got here. Your mother and I send you our kindest love and blessing and prayers for your speedy recovery and welfare, and so I commit you to the protection of the Almighty, being ever, dear Joe, Your most affectionate Father Hardwicke. Your brothers and sisters send you their kind love and best wishes. [A subsequent letter (H. 3, f 41) gave assurance of the young officer's progress towards recovery.] [H. 59, f. 257.] [On Sep. 3, 1743, the Duke of Newcastle writes to the Chan- cellor] I shall make no observations but to lament our present TREATY OF HANAU 339 situation at the Court of Vienna, which seems almost upon the point of breaking with us. This cruel negotiation with the Emperor is the cause of it all, and now appears to be the reason that the Sardinian negotiation is not concluded.... All business is at a stand but neither you nor I can help it. Duke of Newcastle to the Lord Chancellor [H. 59, f. 265.] Whitehall, Sept. i^th [1743] near three o'clock. My Dear Lord, I am extremely sorry and indeed a little disappointed in not having the pleasure of seeing your Lordship here this day. The affairs now before us are not only of the highest consequence but of some difficulty.... It is plain Lord Carteret intends to engage all the Lords Justices^ in this act of his^. The declaration is a strong one and may engage us in a general war; however, it may be difficult and attended with very bad consequences to set it aside now. The fault and misfortune is that Lord Carteret has brought this upon himself and us greatly by his abominable, courtly nego- tiation with the Emperor, which made the Queen of Hungary insist upon some assurance in writing from us. The article engaging the Q. of Hungary to abide by us till the peace with Spain is made is a good one. Upon the whole, it is a true Carteret, and may be at- tended with inconveniences, either by being approved or rejected.... Capt. the Hon. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 44.] Mayence, Sep. ^^^, 1743. ...Had we made use of those means at Dettingen which the Almighty had put into our hands, many lives would have been saved which Flanders will see the end of; as all appearances seem to confirm me more and more every day that the advantages, we have let slip, have given France such opportunities to recover themselves that, how much soever some people may flatter them- selves they shall be able to avoid a war, next spring will convince them of their mistake, and indeed we deserve it.... Duke of Newcastle to the Lord Chancellor [M. 59. f. 280.] Rege.ncy Board, Od. (uh, 1743. ...I hope our active Secretary will at last find out that dexterity with princes, to seem to promise all and intend nothing, will as little do as with private persons. Mon^ Wasner, I find by W Trevor, is absolutely to insist on an assurance, whether in writing or not, I know not, of the continuance of the subsidy of 300 M £ p'' ann.'*... 1 Of the Regency. '^ p. 322. ^ p. 322. 22 — 2 340 DEFEAT OF LORD GRANVILLE Lord Chancellor to the Duke of Newcastle [N. i6, f. 150.] Wrest, Oct. ']t/i, 1743. My Dear Lord... I have carefully perus'd the enclosed from the Duke of Richmond^ and Lord 0[rford]^ They are both very good in their different ways. The former gives me much pain, when I consider the consequences of many things which his Grace relates. But how shall we mend them ? So much of them as is personal is, I fear, irremediable, unless we could now make a certain constitution: and since we can't do that, we must endeavour to keep under, cover, palliate, and to restrain the bad effects. As to the progress of the armies, I see the play of France has been just what I apprehended ^ As to winter quarters, as I know nothing of our views for the next campaign, (if there is to be one), I don't understand it; but how we come to have no magazines, supplied with money as our army has been, is to me unaccountable. It is plain from what Lord C[arteret] let drop to the D. of Richmond, that he has a peace in his head, tho' how much further it has gone we can't know yet. If it be a tolerable one, I own I wish it. The manner of our proceedings, — the making half-war, fetter'd and checked on so many sides and from so many different causes, makes me sick of it. But if our troops should march down to Flanders, won't the King of Prussia break out somewhere this winter ? Lord 0[rford]'s letter is writ with great spirit and good sense ; but everything that comes from his Lordship on that subject must be admitted cmn grano salis. I don't say this by way of finding fault with him, for it is the most natural thing in the world, and really unavoidable, that he should have invincible resentments and prejudice against Lord B[ath] and his friends. But then, in your consideration of the case, you must separate those from \.\iQ.fondoi the affair.... entirely your's Hardwicke. ^ F. 143, from Worms, October 2, 1743, from the King's army, lamenting the King's " cruel partiality to his Electoral troops; it is really worse than ever, for he now almost constantly marches with them and never takes the least notice of ours." The King's Hanoverian servants even regret it, and the Duke trembles at the consequences. - F. 148, October 4. A letter on the reconstitution of the government, advising the acceptance of Lord Cobham's offer of coming in on conditions, viz. the discarding of Lord Bath and his friends and the admission of three or four Tories, together with warnings against Lord Carteret. ^ F. 145, i.e. to leave Lower Alsace open to the British troops and provoke them to invade France. OPPOSITION TO THE HANOVER TROOPS 341 [H. 239, f. 186.] [On October 19, 1743, Lord Bolingbroke wrote announcing his return to Battersea, on private business relating to his affairs, from Aix-la-Chapelle, and proposing to visit Lord Hardwicke at Powis House, whenever it was convenient. The following dates from the next day.] [f. 188.] Battersea, Oct. 20, 1743. My Lord, I will take, since you permit me to do so, the first evening in my power to wait on you, and shall not fail to call at Powis House on Monday about seven. I say to call there, because if the time interferes with any business your Lordship may have, I desire you to put me off to another; for as little as I like dependance and attendance in general, I shall always be pleased to depend and attend on you. I am, my Lord, with great respect and truth, Your Lordship's most obedient and most humble Servant H. St J. L. Bolingbroke* [f. .94.] [On November 10, 1743, Lord Bolingbroke writes, desiring another interview, in order to communicate] some advices I have received and which are worth your knowing in this critical con- juncture^ [H. 59, f. 295.] [On November 7, 1743, the Duke of Newcastle, writing to the Chancellor, after an interview with his brother Henry Pelham, declares himself inclined to advise the King not to ask for the Hanover troops, on account of the opposition in Parliament and the difficulty of employing them to advantage, and in order to gain over the Tory opposition and recover the army and the nation to the King and preserve the credit of the government. He continues] There is one thing I would mention to you, relating to myself It must be touched tenderly if at all. My brother has been long taught to think by Lord Orford that he is the only person fit to succeed him and that has a credit with the King upon that foot, and this leads him into Lord Orford's old method of being the first person upon all occasions. This is not mere form, for I do appre- hend that my brother does think that the superior interest in the closet and situation in the House of Commons gives him great * N.B.: at this visit I was present for lialf an hour, the only time I ever saw Lord 15. II. [On October 25, 1743, Charles Yorke writes to his brother Philip: "Last night Lord Bolingbroke was at Powis House and staid there near 3 hours." H. 12, f. 124.] ' For the meaning of these visits and overtures from Lord Bolingbroke, see pp. 377-8. 342 DEFEAT OF LORD GRANVILLE advantage over everybody else. They are indeed great advantages but may be counterbalanced, especially if it is considered over whom those advantages are given. I only fling this out and make no remarks upon it. I am, my dearest Lord, ever most unalterably yours, HoLLEs Newcastle. [There is a large gap here in the Correspondence which is to be regretted, as it would have been of interest to know the Chancellor's thoughts on the proposal to yield about the Hanoverian troops.] • Lady Hardwicke to Capt. the Hon. Joseph Yorke [H. 6, f. 42.] {April 2-1, 1744.] My Dear Jo, As I am sure you are sensible of my real love and affection, you will readily believe how glad I was to hear you were safe at Ostend\ and hope the same good providence that has at- tended you hitherto will conduct and bring you back in health and prosperity, which I ardently pray for, and send success to the army and councils of our country now encompassed with those enemies I have ever lived in terror of, and more especially at this time when diversions and expence engage the whole time and thoughts of every age and every rank.... Winds and weather may help us, but inatten- tion and want of morals will destroy any people.... Lord Carteret with the Pomfret family were at the assembly last night, by which you may imagine all is calm here. Tomorrow the Lords propose some amendments to a bill sent up by the Commons, making it treason to correspond with the Pretender's sons which, 'tis said, will meet with great opposition. I have lived long enough to under- stand nothing, nor even to guess what anybody means. Last night Lady Heathcote^ invited us all to breakfast at Ranelagh Garden, but the weather must mend before I venture ; for you know I have promised you all to be very careful of myself ...Indeed I want you very much the long nights my Lord stays out. However, let us hear as often as you can, since it makes so great a part of all our pleasure ; for be assured wee can never hear too often where wee love so much, nor ever want anything but power to serve you to the height of your wishes. My Lord's kind blessing, with the affec- tionate wishes of health and safety from your Brothers and Sisters, conclude this vile scrawl from your very affectionate and faithful M. Hardwicke. ^ After a visit home. 2 Wife of Sir John Heathcote, of Normanton, whose son Gilbert, third Baronet, married (1749) Margaret, the Chancellor's daughter. COXTEST WITH LORD GRANVILLE 343 Lord Chancellor to the Duke of Newcastle [N. 18, f. 61.] Powis House, Monday evening, \ an hour past 8 \May 21, 1744]. My Dear Lord, I am this moment come to town, when I found the honour of your Grace's letter. If I had received your commands sooner, I would have taken care to have been here earlier; but really I am now so tir'd and choak'd with dust, and it would be so long before I could put myself into a proper dress to meet a foreign minister^ that I must entreat your Grace to excuse my absence. Besides, it would be very disagreeable to me to meet at a con- ference where French must be entirely spoken, or else perpetual interruption given by interpreting on my account. The paper"^ which you were so good as to send me was extremely to my taste ; and I think both the public and ourselves are extremely obliged to your Grace for preparing it and carrying it thro' with such success. I am, my dear Lord, Ever yours Hardwicke. Extracts from the Military fournal of Capt. fosepJi Yorke [H. 902, f. 7.] May 23, 1744. Due D'Aremberg, Count Maurice and others dine with the Marshal again; — after dinner about 9 o'clock retire into the Mar- shal's closet; warm disputes, the Duke uses high words with Count Maurice ; he bears with 'cm a long time, at last loses his patience: — I know you are D. D'Aremberg, and I am Count Maurice, who command the troops of the States General: if you are the same when sober as now when heated with wine, I am he that am ready to answer you, where and when you please. — The Marshal rises, puts an end to it. One o'clock before they all get away. [f. 29.] /uly 17. Semper eadetn, worse and worse; the old trade round again, riding, reading, writing etc., composing the amusements of this campaign, reason on what our neighbours do and what we our- selves do not do; the 17"^ of July and nothing done, O ! Heavens. ' Probably Boetslaar, the Dutch envoy. - Of demands for cooperation from the Dutch, drawn up by the Duke of Newcastle and approved by the King without Lord Carteret's knowledge, Coxe's Pclhain, i. 155. 344 DEFEAT OF LORD GRANVILLE Duke of Newcastle to the Lord Chancellor [H. 60, f. 21.] Newcastle House, June 6, 1744. My Lord, I have the pleasure to tell you that our Master gave up yesterday the Saxon Treaty^ very coolly and very easily. He said only that we should repent it when it was too late. In other respects he seemed in good humour. I had a very extraordinary conversation with my Lord Carteret going with him yesterday to Kensington, which, with the late incidents that have passed between us, produced a more extraordinary declaration from him to my brother and me last night. He said that if my Lord Harrington had not been gone, he intended to have spoke very fully to us; that he would do it when your Lordship, Lord Harrington and we should be together. That things could not remain as they were ; that they must be brought to some precision ; that he would not be brought down to be overruled and outvoted upon every point by four to one; that if we would take the government upon us, we might ; but if we could not, or would not, undertake it, there must be some direction and he would do it. Much was said upon what had passed last year, upon the probability of the King's going abroad etc. Everything passed coolly and civilly but pretty resolutely on both sides. At last he seemed to return to his usual professions and submission. Upon this my brother and I thought it absolutely necessary that we should immediately determine amongst ourselves what party to take, and he has therefore desired me to see your Lordship and talk it over with you in the course of this day. We both look upon it that either my Lord Carteret will go out, (which I hardly think is his scheme or at least his inclination) or that he will be uncontrollable master. My brother supposes that in that case he means we should go out. I rather think that he may still flatter himself that (after having had this offer made to us and our having declined to take the government upon ourselves) we shall be contented to act a subordinate part. Upon the whole, I think the event must be that we must either take upon us the govern- ment, or go out. I beg your Lordship would consider this matter seriously in the course of the day. I conclude you will sit this afternoon at Lincoln's Inn^, and if I hear nothing from you to the contrary, I will be at Powis House this evening at nine o'clock. I hope you will let nothing hinder my seeing you this evening, for otherwise we may be surprised with Lord Carteret's declaration before we are prepared for it. The inclosed letter was given me last night by Lord Carteret who introduced this discourse with it ; that there was anarchy in Holland and anarchy at home; that the 1 The subsidy was granted, however, next year. Saxony, from its position between Prussia and Bohemia, was an important State. See below, p. 350. ^ The business of the Court of Chancery at that time was chiefly carried on in the Hall of Lincoln's Inn. LORD GRANVILLE S METHODS 345 former might be removed by a Stadtholder; that in order to remove the latter things must be brought to a precision etc. I am, my dear Lord, ever yours Newcastle. Captain the Hon. Joseph Yorke to the Hott. Philip Yorke [H. 15, f. 51.] 7 Headquarters of the Camp at Marienlathem, Jtme -%, 1744. lo ...You were desirous of knowing whether the report of the officers having kissed Prince Charles [of Lorraine's] hand was without foundation or not. The affair was all over before I arrived at Brussells, but I was informed by those who were there that Sir P. H[o]neyw[oo]d said he would kiss the Archduchess's hand, as she was a fine handsome Lady and he was a gay gallant man, upon which the other generals and officers followed the example, but nobody kissed the Prince's hand ; but the Marshal put a stop to it when he came so that I was deprived of that pleasure.... [N. 18, f. 108.] [The Duke of Newcastle writes on June 10, 1744 to Henry Pelham on the subject of Lord Carteret, desiring that his letter may be shown to the Chancellor. The King had particularly singled out the Duke for signs of his displeasure and this must have been owing to Lord Carteret's representations, since no new incident had happened. He had long been convinced that it was impossible to go on with Lord Carteret.] This opinion chiefly arose from the nature of the man who never will have any fix'd scheme of acting; lives upon events and has such a contempt for everybody else that he will not so much as vouchsafe to communicate his thoughts to those with whom he acts, whoever they are. But that which particularly at this time makes it, in my opinion, impracticable and unsafe to go on with him, is that his chief view in all he does or proposes to do is the making court to the King, by mixing with or preferring Hanover considerations to all others. By this method he secures the Closet whether his schemes succeed or not. Hitherto we have defeated many, and if we were all equally determined to bear, and take the share and weight of so doing, we might hope to get the better of Lord Carteret upon the only solid foot, viz., that of pursuing this war or making peace, if practicable, upon an English principle. [This, however, was now impossible, and the position of affairs seemed hopeless. Either of the plans n(jw proposed — Lord Carteret's war for the sake of Hanover or Lord Harrington's renewal of the Hanoverian Neutrality — would ruin this country. As for himself, he would not resign at the present juncture, but for the present confine himself entirely to the affairs of hi.s own office. 346 DEFEAT OF LORD GRANVILLE and would enter the Closet as seldom as possible and avoid Lord Carteret, till they should all resign together ; nor would he accept office again, even with Lord Carteret excluded, without a clear understanding that Hanoverian complaisance was no longer to influence all their conduct] Commodore George Anson to the Lord Chancellor [H. ir, f. 360.] H.M.S. Centurion at Spithead, _/««(? 14, 1744. My Lord, I ought to have wrote to your Lordship on my arrival at Canton, where in all probability my expedition was at an end as to any service I could undertake against the Enemy ; but I was so ill satisfied with my success, being abandoned by one part of my squadron, and the remainder being either wrecked or reduced to such a condition by the bad treatment we met with in passing Cape Horn, that it was not possible for me to keep them above water; these misfortunes gave me an uneasiness I could not express to your Lordship, which was not a little aggravated with the reflection of what I could have undertaken for His Majesty's service, if the squadron had got into the South Seas in tolerable plight; for I have good reason to believe that with one fourth part less strength than I carried from Spithead I should have left the Spaniards a very uneasy remembrance of my having been in that part of the worlds After my ship was fitted in China, I determined to attempt the galleon from Acapulco, tho' I had not half my complement of men. Here fortune favoured me, for I met her at the entrance of her port with near three times my number of men to defend her. After an hour and a half's engagement within pistol shot the admiral struck his flag and became my prize. Tho' the expedition has not had all the success the nation expected from it, which is a great misfortune to me, I am persuaded no misconduct can be justly laid to my charge as Commander in Chief, and I should have great pain in returning to my Country after all the fatigues and hazards I have undergone in endeavouring to serve it, if I thought I had forfeited either your Lordship's favour and protection or the esteem of the public. M"" Keppell- is my third lieutenant; I have recommended the 1 George Anson (1697-1762), son of William Anson of Shugborough. His famous voyage has often been related. He sailed on September 18, 1740, with six ships, but arrived at Juan Fernandez with only three ships and 335 men out of 961 who had started. Undeterred, however, by these terrible disasters and losses, Anson persevered, sacked and burnt Paita and destroyed the Spanish trade. He then sailed for China with one ship, the Centurion alone, with 227 men, and on June 20, 1743, with this little vessel and diminished crew, captured the Spanish galleon with 600 men and half a million of treasure. Later he married the Chancellor's eldest daughter, Elizabeth. ^ Hon. Augustus Keppel (1725-86), afterwards Viscount Keppel, younger son of the second Earl of Albemarle. ANSON'S VOYAGE 347 bearer M^ Dennis\ my first lieutenant, to the Secretary of State and hope they will prefer him, for he well deserves it. Your Lordship's most obedient humble servant G. Anson. Lord Chancellor to the Duke of Newcastle [N. 18, f. 156.] Powis House, _/!<«£ 24,th, 1744 at night. My Dear Lord, As I am always desirous to obey your Grace's com- mands^, I ask'd an audience of the King today after his Drawing- room. His Majesty had, before that, order'd my Lord Carteret to come into him when he retir'd, so his Lordship went in first. As he came out, he whisper'd me in the ear, with an appearance of pleasure in his look, that the King had determin'd not to go abroad, and had that instant order'd him to write to countermand his equipage. I found by this my business was half over; however, I instantly resolved to pursue my point in order that my opinion might be known, and that I might the better demonstrate my connexion with your Grace by supporting, j-^^rw/af/^M niodidimi metim, what you had so well begun on Friday. I began with the little business which I had contriv'd to introduce myself. After that was over, I begg'd his Majesty would permit me to open to him what had lain nearest my heart for some days. I then proceeded to urge the reasons against his going abroad which are too well known to need repeating. He heard me patiently and then said, Yoii may be easy ; I have just now told my Lord Carteret that I have changed my resolution about going abroad and have order d him to countermand my equipage. I bow'd and said // ivas the best news I had heard a great while. His Majesty then replied, / know what this is ; it is contention for power and froj)i motives of that kind I am to be confined. To this I said. Nobody can, or thinks to, confine yonr Majesty. For my own part, the advice I give you proceeds from a sincere conviction of yonr true ititerest and service and I never aim'd at ministerial power. King. I dont suspect yon; I never found it i)i you. Upon this I said, / 7vas sure no friends of mine desird more power than zuas proper to the stations his goodness had plac'd them in and without which his service could not be carried on. He then turn'd the discourse and pull'd a letter out of his pocket from ' See Barrow's Life of Anson, io6. * To remonstrate with the King on the subject of his desire to go to Hanover. 348 DEFEAT OF LORD GRANVILLE General Read which he read to me. It contain'd an account of the four regiments being safely arriv'd at Ostend, of the bad condition of that fortress, and the probability of the French army bending that way after the taking of Ypres, and that there were 4, or 500 ships in Dunkirk. His Majesty chose to represent this as his reason for changing his resolution, and said — You see, my Lord, that when anything essentially concerns this country, I give way to that before anything else, and I ivould by no meajis be absent zvhen there is any appearance of danger here. I did not fail to applaud and encourage that way of thinking ; whereupon his Majesty said something of keeping back the two old regiments and the Dutch troops also. I could not help saying to that that I had for some time been of opinion that the two old regiments should be kept, lest the nation should be left too defenceless; but as to the 6000 Dutch, I doubted the engagement of sending them over had gone too far. And indeed it is nxy present opinion \ I have now told your Grace the most material parts of the conversation, and my being straiten'd in time obliges me to leave you to make your own reflections upon it, which I am sure will be better than any I could offer. Only one thing I will add, that I take this letter of Read's to be but a colour and pretence, and that this sudden change of the measure proceeds from some other source. I cannot help thinking that what your Grace said to him on Friday has, upon consideration, had much weight with him, either in one view or another. I beg your Grace will not shew this to anybody but M^" Pelham, and I thought it was proper that both of you should be appriz'd of these particulars before either of you saw the King tomorrow. I forgot to mention that when I came out from the King Carteret resum'd the discourse ; express'd great joy at the King's declaration not to go, but did not to me take any merit to himself in dissuading him from it. He added that the Dutch troops must go, and that we must soon have a meeting to consider about strengthening the army. I am, my dearest Lord, Ever Yours, Hardwicke. 1 They had been sent over to England on the news of the attempted invasion in February. THE ARMIES ABROAD 349 Rev. TJios. Birch to the Hoti, Philip Yorke [H. 48, f. 217.] London, /m/j/ 7, 1744. ...The procession of Anson's people with their treasure, on Wednesday, was a sight more rare and not less agreeable to an Englishman than the Secular Games to a Roman. The sailors, who formed it, were only part of the crew that brought home the ships ; for besides these English there were men of eighteen other different nations, viz. Dutch, French, Spaniards, Italians, Germans, Swedes, Danes, Muscovites, Portuguese, Lascar Indians, Malays, Persians, Indians of Manila, Timor and Guam, Negroes of Guinea, Creols of Mexico and Mozambique^ Lady Hardivicke to Capt. the Ho7t. JosepJi Yorke [H. 6, f. 58.] July 12 O.S. [1744]. My Dearest Child, The terror and pleasure your two last affectionate letters gave me, which came both together, is not easily expressed. I thought of no dangers but those of our enemies, and yet without God's immediate protection and blessing with what dangers are we encompassed. For his great goodness to you in your late deliver- ance may we be as thankful as we ought and by that means draw down his Almighty protection, without whose powerful aid what is wisdom or strength or favour-. To that Great Being I hourly pray for your particular protection as well as for mercy to this country where I live, that our crying sins may not draw down his judgments upon us. We find many faults with your conduct and say you want every thing but valour. God knows what you can say for yourselves, but I praise your saying nothing of the present posture of affairs, for without power to help talk is the province of silly women like myself But I shall never cease my ardent prayers for mercy. Dutch and Austrian measures I thought of last year as I do this, and let that suffice. The only good news I can send you is that my Lord is much better for the short recess he had in the country, where I wish he could have stayed sometime longer, but business forced him back where I fear the hurry of mind and body is too great for any man at his time of life to bear. ...We all rejoiced to think you had Grey^ with you, who I hope continues well. Charles is at Wrest with his brother. They and Lady Grey came and dined with us one day, whilst we were in the country, and I think my Lord resolves to spend his vacation there, if he can get any leisure. A full family will be better for him, and besides, he would have so many workmen about him at VVimpole 1 See above, p. 330. " The King and all the royal family were spectators. The Tars were very happy and dressed themselves in the Spanyards' fine cloaths." E. Montagus Corr. by E. J. Climenson, i. 186. '•* It does not appear to what incident this refers. '^ His horse. 350 DEFEAT OF LORD GRANVILLE and no stables ready for his horses, that it would have made him uneasy had much company come to him. My dear love, write to us when you can, but not to interrupt any sleep you can get, which is so necessary to labour.... Once more, God Almighty bless you, to whose protection I commit you, being with unfeigned love Your ever affectionate M. Hardwicke.... Lord Chancellor to the Duke of Newcastle [N. i8, f. 258.] Powis House, Sunday night [endorsed Aug. 5, 1744]. My Dear Lord, Tho' nothing very particular pass'd in my audience today, yet I would not go out of town without acquainting your Grace with it. My first business was to ask leave to go out of town which the King receiv'd with great civility, express'd some concern for my health etc. I then told him that I hop'd in the meantime he would receive some good news from his army in Flanders, whose situation I was glad was so much chang'd for the better ^ His Majesty said. Yes, he believed they were 30,000 men stronger than Marechal de Saxe ; and at least they would live upon the Enemy's country and save some expense to the nation. I said that was very necessary ; but hop'd such a superior force would procure still more advantageous consequences. His Majesty replied that was uncertain ; and the great danger now was from the King of Prussia. I said that I could not but hope, from his former conduct, that he would encamp and decamp, march and countermarch, but that it would be a good while before he would venture to commit any active hostility against the Queen of Hungary or her allies ; and that he would be afraid to forfeit his guaranties for Silesia^. To this the King said, " He does not value that of a farthing. Not- withstanding his secrecy, I know his design ; he will march part of his army towards Prague and another part into Bavaria. I wish Saxony could be assisted with a sum of moneyl" To this I answer'd, " The King of Poland is already engag'd to the Queen of Hungary by treaties just made, and is so essentially interested, both as King and Elector, to prevent the King of Prussia from 1 Through the invasion of Alsace by Prince Cliarles of Lorraine, wliich necessitated the detachment by the French of troops from Flanders and left the Allies in a superiority. 2 He invaded Bohemia this same month and took Prague. 3 See above, p. 344. Augustus, Elector of Saxony, was also King of Poland. JOSEPH YORKES JOURNAL 351 aggrandizing himself on that side, that he can want no temptation to induce him to do all he is able to hinder it." The King replied — " All that is true ; but he has no money and what can he do without that ? " I said, " He is a Prince of greater power and riches too than many others that ask subsidies, and has hitherto been able to keep up an army of 30,000 men." The King replied, " But he can't put them in motion without a supply of money ; they are maintained for little in their own country in time of peace." Upon this I took the liberty to say further, that the large additional subsidy which his Majesty had already granted to the Queen of Hungary, was an additional reason against the practicability of the Saxon demand ; and I hop'd would enable the Queen to do a great deal herself The King made no reply but pull'd some papers out of his pocket, so I made my bow.... Most faithfully and affectionately yours, Hardwicke. Lord Chancellor to Capt. the Hon. JosepJi Yorke [H. 6, f. 68.] Powis House, Aug^ 6th, 1744. Dear Joe, Having finished my Chancery campaign, and being going into quarters of refreshment, I lay hold of this first opportunity to thank you for all your letters.... You have been very good in writing so regularly. It gives us satisfaction here, and must be of advantage to yourself, and your Journal has been as informing as any accounts I have seen from the army — except the Marshal's own. Your state of inaction before the Passage of the Scheld was the subject of much observation and some grumbling here, but I always maintained that it proceeded from prudent reasons, and that a wise General with an inferior force, in daily expectation of reinforcements, ought not to hazard bringing on a general engage- ment, before his reinforcements came up. The scene is now opened to you, and God grant it may be closed with success and glory! Your march into the enemy's country, and turning some of the ca- lamities of war upon the authors of them, gives much satisfaction here, and fills the people, who reason hastily upon those subjects, with very sanguine hopes. It is indeed the very measure which those here, who are best skilled in military matters, wish'd might be taken, as what, if anything, would bring Marechal de Saxe to an action or 352 DEFEAT OF LORD GRANVILLE else make him so weaken his army, in order to strengthen the garrisons, as might afford the Confederates other advantages. We are in daily expectation of further news from your side, either of a battle or of some town having fallen into your hands, or at least of your having penetrated further. The accounts we receive of the good agreement between the British and Hanoverian troops, and of the good discipline pre- served in the army, give great satisfaction to all who wish well, and do the Marshal^ much honour.... As we are anxious for the Public, so we are particularly for your preservation. You are engaged in a good cause. God keep you in health, virtue and honour, and cover your head in the day of battle. Your Mother joins with me in our blessing and most ardent wishes for you, and be assured I am Your most affectionate Father Hardwicke. Extract from Capt. Joseph Yorkes Journal with the army in Flanders. [H. 6, f. 70 ; H. 902, f. 39 ; see also H. 6, ff. 46 sqq.] ...Aug. 7. Mar[shal Wade] goes to D[uc] D'Arem[berg]- : whilst he is there, they receive advice that the French were in motion out of the three gates of Courtray, making a motion as if they meant towards Lille, with intention to defend their works upon the Marque ; upon a confirmation of this news, the army ordered to march at 5 o'clock in the evening in 3 columns as yesterday. At 5 the Mar[shal] waits again on D. D'Arem[berg] ; finds the D[uc] had counterordered everything they had agreed on before with regard to the march, denies his intention to march till they had further intelligence of the enemy's bent ; the Mar[shal] cool as ice and like a Gentleman, the other surly, hot and brutal ; the Mar[shal] says the troops under his command are upon the march according to agreement; ...as the troops imagine they are going towards the enemy, it may be attended with bad consequences to make them encamp again ; the D[uc] for sending a detachment, the Mar[shal] says he can't contradict his orders. The want of pioneers and good guides at the head of the front column occasions great distress in the night, hardly move on, the 2nd line outmarch 'em — continue marching however all night... A great deal of em- barras with the baggage — the Marshal gets in the midst of it, much difficulty to get him out of it.... Truth is D['Aremberg] had ladies at dinner and did not care for marching ^ Marshal Wade, see p. 255 n. 2 Leopold de Ligne, Due D'Aremberg (1690-1754), Austrian Commander in the Netherlands, FREDERICK RENEWS THE WAR 353 Duke of Newcastle to the Lord Chancellor [H. 60, f. 33.] Whitehall, Aug. 8, 1744. My Dear Lord, Nothing but the utmost necessity should make me interrupt you in your retreat, or endeavour to bring you to town a day sooner than you intended ; but I am persuaded the critical situation of things and your goodness and friendship to me, will not only engage you to excuse the trouble I give you but to comply with my request. [An express had arrived that morning with the news of the declaration of hostilities by Frederick of Prussia against the Queen of Hungary and of his intention to support the Emperor, of his march with 50,000 men to Prague and of his application to the Court of Dresden for leave to pass through Saxony. The latter had determined to oppose their passage, but the King and Elector could not put the Saxon troops into action without money. The grant was desired by the King and supported by Lord Carteret, but the Pelhams were of opinion that though it should not be absolutely opposed, the Queen of Hungary should do something after the large subsidies lately given to her, and also Holland whose territories would be exposed, if the Archduke Charles were obliged to repass the Rhine.] Upon the whole, I think it is a point which deserves the utmost consideration and is attended with great difficulty, and therefore I not only beg and [.'' but] insist with your Lordship that you would come immediately to town, not only that we may have your opinion upon this point, but as I find that my Lord Harrington and my brother are of opinion that we must now (and perhaps tomorrow) determine our resolution upon the great point\ which has been so long depending and which I think now is the only point which is worth giving an opinion about ; for upon that depend all the rest. [He will order horses and a messenger with any further letters to meet the Chancellor at Ware on the morrow.] My dear Lord, all considerations, public and private, make this the most critical conjuncture and question, and therefore I hope you will not refuse me to come to town ; for believe me, in this, as in every- thing, your opinion will have the greatest weight with me.... Lord Chancellor to the Duke of Nezucastle [N. 18, f. 270.] Powis House, Attg'^ idth, 1744, s at night. Mv Dear Lord, Your Grace will wonder to hear from me at this hour, from this place, but the explanation (jf it will make the subject of this letter. Last night, about 9, I was inform'd accidentally that an express was arriv'd from the army.... The result is that ' Concerning Lord Granville. Y. 23 354 DEFEAT OF LORD GRANVILLE Duke D'Aremberg, Marshal Wade and Count Nassau, who us'd to differ in everything else, agree unanimously in rejecting Lord Stair's plan\ Wade says the facts, whereon it is grounded, are entirely without foundation; — that M. de Saxe has with him 72 battalions and 105 squadrons ; — and that he never could conceive how any part of it could be carried into execution. The decisive opinion against it is signed by Due D'Aremberg and Count Nassau ; and there is another paper signed by all three, and also by General Wendt, concerning the impossibility of attacking M. de Saxe in his present situation, in which the opinion is all of Due D'Aremberg's hand-writing. The whole centres in a concurrent opinion for the siege of Maubeuge, wherein there are at present only one battalion of regular troops and 3 of milice^ But your Grace will find by Ligonier's report (who was Wade's deputy at the second conference) that the Dutchmen present absolutely refus'd to contribute to any part of the expense ; — a point which he represents himself to have debated well with them.... Lord Carteret and Lord Stair came to my Lord President's^ very late. The latter seem'd a good deal disturb'd and piqued at his plan being rejected ; but by the way, I don't think he is quite recovered of the stroke your Grace saw him under upon Tuesday, looks ill and seems sometimes to have some difficulty in his speech. However, Lord Carteret undertook, at his pressing request, to send him a copy of the opinion upon which he is to write his reply and remarks, which are to be transmitted to Wade. I wish we have not a paper war instead of one en campagne. After Lord Stair was gone, the result of our conference was that, whatever any particular opinion might be, it was impossible for the King and his servants here to order the army to penetrate into France according to the said plan, contrary to the opinion of the three generals of the three nations; which seem'd to have the more weight, because it came from persons who have no penchant to agree with one another. That therefore Lord Carteret should write tomorrow to press them to make the siege of Maubeuge... that they should be most vigilant and attentive to prevent M. de Saxe from reinforcing the garrison and to get up their artillery.... That Lord Carteret should at the same time write to M>" Trevor to represent to the Dutch ministers ' For the march of the allies to Paris. 2 But while the allies were discussing projects, the garrison was strengthened by troops leturning from Alsace and this also was given up. * Lord Harrington. PLANS OF CAMPAIGN 355 the prodigious unreasonableness of their pretending to throw this burden upon the King....Boetzlaar^ is also to write. My Lord President threw out another point, — that if finally the siege of Maubeuge should not be practicable, they should consider of detaching part of this great army to the Moselle (as was formerly hinted by somebody) and leave sufficient to remain upon the defensive in Flanders ; for that as the great point is to create a counter- diversion to the King of Prussia, and to prevent Prince Charles being overpower'd, such a movement might have that effect. The only objection I had to this was lest by starting so many hares at once, our pack of generals should not staunchly follow the scent of any. But Lord Carteret has undertaken to represent to them de novo the inevitable danger to themselves as well as to the public, by wasting the campaign in doing nothing. This was the result of our con- ference, at which I am to the last degree mortified that we had not your Grace's and Mf" Pelham's company, but how it will be executed by the person who holds the pen, I know not. I own I see such a spirit of confusion, contradiction and irresolution in the army, that I am full of melancholy apprehensions lest the campaign should wear out without anything material being even attempted ; and I fear Marshal Wade's ill health makes him low-spirited, and conse- quently things may go worse on that account ; tho' they say he is got pretty well again. I shall go to Wrest tomorrow morning, and indeed I absolutely want some recess. I beg your Grace will protect me in it as long as ever you can ; and indeed I look upon myself as making a ridiculous figure to attend these military consultations of which I really know nothing, and which is more, cannot be suppos'd to know anything. God bless your Grace and M'' Pelham, and give you much health and pleasure where you are, and more pleasure here at }'our return than you have found of late. I am ever [etc.] Hardwicke. Lord Bolingbroke to the Lord Chancellor [H. ■239, f. 279.] Battersea lAug. 17, 1744]. My Lord, I should not easily forgive myself if I had been in any degree the cause of your Lordshij)'s losing one moment of the little ' Dutch envoy in London. 23—2 356 DEFEAT OF LORD GRANVILLE recess from business you are likely to have, or one mouthful of country air. I send this letter according to your directions and doubt not of its getting safely to your Lordship's hands. Tho' I cannot name in it the hands from whom my intelligence comes, yet you may be assured that it comes thro' common friends, from those who have been witnesses of all they mention and who may be depended upon. The circumstances of the King of France's illness are much the same as you have heard, but the following circum- stance you may not have heard. It might be without any particular reason, but it might be likewise by some presentiment of illness, that he ordered the abbot of Fitzjames, Bishop of Soissons, not to leave him but to accompany him to Metz. This prelate attended him during his whole sickness, and I observe that it is the mode among all those, who dislike the violent measures into which the Queen of Spain has drawn their court, to applaud the frankness, the boldness & the solemnity with which he spoke to the King about his whole conduct. It is certain the monarch was very devout, that is, very much frightened. He who has no love for his Queen, ordered that she should be sent for, and she arrived at Metz the 17th. The Dauphin and his sisters were stopped at Chalons for fear of infection, the fever being of a very malignant kind. He pressed to receive the sacraments and even that of extreme unction. Before he received them he said that he knew the Ladies, who had orders to return to Paris, were still within four leagues of Metz and added that for their disobedience to these orders, he deprived M^ de la Tournelle of the place of Superintendent of the future Dauphine's household, and her sister M^de Lauragais of that of Dame d'Atour or Mistress of the Robes. He continued in great fervour of devo- tion and much and deep penitence, repeating that he hoped to recover for nothing so much as to make amends for the ill examples he had given and to ease his people and to govern them better. How he will persist in these new dispositions, I know not, but it is very possible that the cabal of what is called les petits cabinets may be broke by this event, and the best people there hope and believe it will. What use and whether any is to be made of the prospect that opens itself, I presume not to judge. But this I will say that our present condition requires we should neglect nothing which can be effected by vigour or address. We talk much of the former but we exert little; for profusion of money alone is no more vigour than every Limberham' shews who gives great sums to mercenary wenches that he makes no use of Adieu, my honoured Lord ; whenever I hear that you are at London, I will endeavour to pay my respects to you in person ; and I may very well have no other call thither, since the world cannot think me worse company than I think the world. I shall be as long as I live and in every state of life my Lord, your Lordship's most obedient and most faithful humble Servant, H. S«. J. L. BOLINGBROKE. ^ A foolish, weak person, cf. Dryden's " Limberham " — literally one with limber hams, supple, obsequious. Murray. THE KING'S ILL-HUMOUR 357 Duke of Newcastle to Right Hon. Henry Pelham [H. 60, f. 39; N. 18, f. -281.] Aug. 25, 1744. ...I have reserved to the last that which is the most disagree- able ; I mean the present temper and behaviour of the King. His difficulties with regard to the engaging the Elector of Saxony are in some measure got over, and he knows what his servants will, and what they cannot, do, so that he has nothing further to expect from them. This has produced all the resentment that can be shewed by manner, by looks, by harsh expressions to those (and to me in particular) who, he thinks, have obstructed his views and are actuated by principles different from what is most agreeable to him ; and that in the presence of the person, who equally recommends himself by the success or the miscarriage of the measures which the King wishes. The affair of the King of Prussia (though very falsely) is undoubtedly represented to have been occasioned by the King's not entering into the separate negotiation last year at Hanau, which, you know, is laid to our charge^ the inaction of the army and the disagreement of the generals to the King's having been forced to stay at home, and perhaps even the motions of the King of Prussia to the miscarriage of the Saxon Treaty... ; and I think I can see by the air of the court and the courtiers a greater shyness towards us, or at least towards me, than I have ever yet observed. I shall not be at all surprised if you, or any of the rest of our friends, should find things otherwise. That I take to be the play of our Master, but he will soon see that that will not succeed. Upon the whole, I am of opinion that he thinks at present that he has nothing more to hope for from us and nothing to fear ; that he will go on with his favourite, Lord Carteret and he will use us accordingly. In this situation of things I daresay you will not be surprised, at my repeating again, what I have often mentioned, that if any joint resolution can be taken by all our friends to shew the King that he must choose between the different parties in his administration, I shall leave the time of doing it to them, provided that, at all events, it be some time before the meeting of the Parlia- ment. But if nothing of that kind can be agreed upon, I must, and am determined, to let the King know that my having had the misfortune to differ in some points from Lord Carteret had, I found, made me so disagreeable to His Majesty, that, out of duty to him, and regard to myself, I must desire his leave to resign my employment. For indeed no man can bear long what I go through every day in our joint audiences in the closets ' Above, p. 322. ^ I'or Henry Pelham's reply see Coxe's Pelham, i. 167. 358 DEFEAT OF LORD GRANVILLE Lord Chajicellor to Capt. the Ho)i. Joseph Yorke [H. 6, f. 78.] Wrest, August 2^tk, 1744. ...You are very polite in concealing the name of your school- fellow on occasion of his frolic, but it was known here from the first that Captain Rosse was the person. You are in the right in disliking such vagaries. The true rule is to decline no danger or hazard when your duty requires it or the service can be advanced by it, but the same service makes it a duty not wantonly to solicit it. I am glad the Marshal gave orders to prevent such mischiefs for the future..,. Much [talk ?] has been wasted over hither concerning the dis- sensions amongst you. Would to God that prudence and public spirit may so far prevail as to bury them all. God forbid that after all the efforts England has made for the Good Cause, any blame should be laid at her door. I flatter myself it will not be so with justice.... 1"he season of the year wears apace which makes me very anxious Your brothers with M'' Wray set out on their Northern Expedition on the 7th inst\...You must not take it ill that they have not writ to you of late, for this march and the preparations for it have for some time taken up all their thoughts and hours. You must not think that they can camp and decamp as quick as armies....! daresay they will make amends by an ample narrative of their great operations....! had writ thus far when ! received three articles of most mortifying news. Demont taken, almost without a siege ; Prince Charles obliged to repass the Rhine, uncertain with what loss-, and the passage of the Prussian artillery by Dresden with the probable consequences of it. These are heavy strokes, and make it the more absolutely necessary for your army to complete some operation before M^ de Saxe's reinforcements can come from the Rhine.... Be attentive to all the good advice ! have given you.... Lord Chancellor to the Duke of Neivcastle [H. 60, f. 45; N. 18, f. ■291.] Wrest, August ^oth, 1744. My Dear Lord,... Your Grace's obliging letter^ rolls upon most important points — the state of affairs both foreign and domestic. [He deplores ^ A visit to various places in the North of England. ^ Obliged to take this step in order to march into Bohemia to oppose the King of Prussia. ^ Of August 28 (f. 41), printed in Coxe's Pelham, i. 169. THE CHANCELLOR ON THE STATE OF AFFAIRS 359 the retirement of Prince Charles across the Rhine. The King of Poland [i.e. the Elector of Saxony] appears ready to desert to the enemy. In all probability French detachments would arrive shortly in Flanders and render any siege impossible. The only hope was a sudden blow and against that all the generals were united, their one point of agreement.] Upon this my reflexions are indeed melancholy ; and I fear the case is brought nearly to what I always apprehended and said, that if the King of Prussia would dare to take this wicked part, there would be no remedy without some powerful assistance from Russia. I am sure that without such an alliances as your Grace and Mr Pelham do both very wisely mention, nothing material can be done.... If that could be obtained on proper terms, and those terms bona fide pursued, we might perhaps struggle on ; for I am as unwilling to submit to France as any man, and if either we or the Dutch propose a pacification to that power at present, it must end in such a one as she will give, and what a terrible one will that be.''... As to the King of Sardinia, the surrender of DemontS almost without a siege, surprizes me. I wonder Mo'' Osorio^ can talk seriously about his Master's asking the King's advice. What can that advice be but insisting that he should adhere to his engagements, after all the cessions that have been made to him and after all the money and all the support he has had from England t... As to the state of affairs at home, particularly at Court, ...your Grace knows my opinion fully on that subject both in general and with regard to your own particular. For you I feel as much as you can do for yourself; and I am ready to take any part which not only the public service but my obligations, friendship and attachment to your Grace can demand. I observe the old difference of opinion still subsists whether to lay hold of some public measure, or of considerations, which may be thought of a more particular and personal nature. The discourse now raised about the breaking of the Treaty of Hanau and its supposed consequences, and the laying of that at the door of the Regency here may probably give rise to what you wish ; and I lay the more weight on what is now said of that affair, because I have observed that Lord C[arteret] has twice of late put us in mind (tho' without any grounds) that at that time he could have had the Emperor for 300,000 crowns, if we had not prevented it. I remember so well the progress and circumstances 1 With the Dutch. ^ On August 17. ** Chevalier Giuseppe d'Ossorio, .Sardinian envoy to England. 36o DEFEAT OF LORD GRANVILLE of that affair, so far as it was partially disclos'd to us ; and I think what we did in it and the opinion we gave upon it, proceeded on such strong and soHd reasons that I am confident it will stand the test of any examination, and justify us and condemn the authors of the negotiation in the opinion of all the world. It looks by one of Haslang's^ letters as if the King of Prussia was at work to put the opposition upon this scent (I mean in his own way), and that may probably bring it into Parliament.... Marshal Wade to the Lord Chancellor [H. 239, f. 292.] Chateau D'Anstein near Lille, Sept. 2, 1744 O.S. My Lord, I depend upon your Lordship's goodness to pardon me for having so long dela}'ed to answer the kind and oblidging letter you was pleased to honour me with, but having had a return of the astma, together with a spitting of blood, it has for these three weeks rendered me so weak as to be hardly able to perform the necessary business that must dayly occur to me in my station. [He praises Joseph Yorke, his aide-de-camp, as having " a true military genius," and deserving promotion, and proceeds] I am extremely obliged to your Lordship for good wishes for my success, but there is so little prospect of answering the sanguine hopes of my countrymen that I fear we shall neither be able to lay siege to any of the enemy's fortified towns nor to bring them to a general engagement, the last of which I have been extremely solicitous with my colleagues that we should attempt and, pursuant to His Majesty's repeated com- mands, proposed it in a council of war, but was so unfortunate as to be single in my opinion. In short, my Lord, partial and private considerations seem to influence our actions here, and if we don't alter our measures, our treasure will be exhausted to little purpose. George Wade^. Duke of Newcastle to the Lord CJiancellor [H. 60, f. 53; N. 18, f. 307.] Sep. 14, 1744. [Abroad everything was most gloomy, little assistance to be expected from the Czarina on account of her violent hatred of the Queen of Hungary, and the Dutch talking of making cause commune, totis viribus etc., but when it came to the point refusing both troops and subsidies. He desires to come to Powis House to discuss with the Chancellor the great point, the move to be taken against Lord Carteret, before he meets his other friends. His own opinion is still, either to remove the cause of all their troubles or else to resign, that is, to have full responsibility for carrying on the 1 Count Joseph Francis Xavler Haslang, Bavarian (and Imperial) envoy in London. 2 See also his letter to Lord Carteret, H. 6, f. 92. END OF INGLORIOUS CAMPAIGN 361 war or to have none. Others, however, still wished to make measures the point of dispute, but how could they censure the war now after concurring in it all along ? He fears lest this difference of opinion may be the cause of their being drawn on through the session] blaming, cavilling, but still going on and awkwardly sup- porting, to prevent which I depend upon your friendship and weight in our deliberations.... Extract from Capt. Joseph Yorkes Jotcrnal [H. 6, f. 83.] Sep. i^th [1744]. Marshal [Wade] goes to a meeting of the Generals. Due D'Arem- berg proposes to go and attack Count Saxe now : the Marshal says that is the same proposition he made before, but if the want of forage was an argument then, much more must be the strength of it now, the French having consumed all the forage since then which should have subsisted us at that time ; does not know what scheme the D. D'Aremberg intends to propose for subsisting the cavalry. The D. D'Aremberg says you must consult with your commissaries how you may be furnished from Ghent. The Marshal replied that the Due knew very well that it was expressly forbid from England to pay for any forage during the rest of the campaign, but nevertheless if it was with the view of action and that it might not be said he was backward, he would venture to pay for 8 or 9 days, the space of time that such an affair might naturally take up (but as the Due was then for putting down in writing that the Marshal could not agree to it, not having power from England, the Marshal desired he would not lay it upon him alone, but ask the Dutch in his presence whether they would pay, even as far as he proposed to do, which he did, and they answered they had neither money nor power to undertake that expense. Count Maurice, who had said nothing because of his weakness from illness during the debate, said at the end pretty shortly to the Duke, " I don't like your scheme at all," which made him turn upon his heel and quit the room in a pet. In short they separated without coming to any resolution, excepting the making a general forage after tomorrow.... [11. 902, ff. 77 sqq.] [The campaign finished in a continuous downpour of rain from October 14 to 16 and a storm of wind which prevented the tents being set up.] Oh ! that every soldier was as well off as I am with a fire to dry them... dismal accounts of 'em, many perish with cold by it, 2 or 3 of our regiment found dead under carts. Oct. 20. Marshal marches into Ghent with the rest of the garrison of that place, and so finisiies the most inglorious of inglorious campaigns'. 1 See also H. 15, f. 66 and cf. letters of Col. Russell to his wife, //isL MSS. Coinm., Mrs Frankland-Kussell-Astley, 214 sqq. 362 DEFEAT OF LORD GRANVILLE Lord Bolingbroke to the Lord CJiancellor [H. 239, f. 314.] Battersea, Oct. 13, 1744. My Lord, I am extremely glad that the manuscript afforded you the entertainment I thought it would ^ and when your Lordship has leisure to be entertained again by anecdotes of such a nature I shall be able to supply you with them. I shall be so the more because there are none that I will scruple communicating to you, even those that concern m.e personally the most. I own that besides the pleasure I shall have in seeing you, it will be great satisfaction to me to have an opportunity of saying something to you de sjivima reriim, for even that is concerned, if I mistake not, at this moment. Something my personal regard to you will call upon me to say, and something my love for this country, though I can scarce call it my own. I do not pretend to be able to advise, but I may be able to inform. I never go to London, but will do so whenever your Lordship pleases to order me to do so, and if I cannot see you in the morning, I will contrive to lie in Town...-. [f- 317.] [Lord Hardwicke appoints Sunday morning, the 28th, at 9 o'clock.] Duke of Newcastle to the Lord Chancellor [II. 60, f. 72, N. 18, f. 363.] Cla'remont, Oct. 14, 1744. My Lord, I have received by M'" Stone your Lordship's opinion given yesterday to my brother and to M'" Stone upon the cruel behaviour, as I must call it, of my brother towards me in insisting that, previously to my Lord Lincoln's marriage with his eldest daughter, I should absolutely give up the power of revocation which is now in me with regard to all his daughters in favour of those who will remain unmarried^ As I find the conclusion of my Lord Lincoln's marriage, and consequently his happiness, is made abso- lutely to depend upon this, and as by the very incautious, not to say more, proceedings of M^ Perkins^, I am not so strong in form in ^ Below, p. 367. ^ For the meaning of these overtures from Lord Bolingbroke see below, p. 377. '^ On the marriage of his brother the Duke had given up to him half the fortune inherited from his father (Coxa's Pelham, ii. 305). The Duke had no children. Henry Telham had two sons who both, however, died in 1739 from the "Pelham fever"; his eldest daughter, Catherine, now married the Duke's nephew, Henry Clinton, ninth Earl of Lincoln, afterwards Duke of Newcastle. The present demand the Duke describes in a letter to his brother (Add. MSS. 33,066, f. 16) on the preceding day as one "wholly to put the estate out of his own power in favour of others." See also above, p. 254. * The Chancellor's Secretary. MORE DISSENSIONS 363 my refusal, as I might otherwise have been and as I will never put it in the power of any man or woman alive to impeach in the smallest degree either my honour or my integrity, I shall out of regard to my [Lord] Lincoln and myself, submit to these cruel terms. But I should equally act against all rules of justice and veracity, if I did not declare to your Lordship that from the time of signing the deeds, I shall break off all correspondence with my brother and his family, and as that would equally happen if I should refuse to submit and the marriage break off, nothing can prevent a breach but my brother's not taking advantage of this very unfortunate proceeding. Give me leave, my Lord, to say your Lordship's opinion greatly concerns me and indeed a little surprises me. For sure in cases of this consequence and between such near relations, and where there ought to be no distrust on one side, even a consent, if inadvertently given, much less if it can be only presumed, ought not to be insisted on, and that so as to affect a marriage where innocent persons, who have nothing to do with this transaction, are concerned. I shall conclude with saying the writings are against me. I don't pretend to deny it. I will not say I did not read them, but I find no one man in all England can say that he ever had any discourse with me, or had my consent in specific terms, to part with this valuable power, or that it ever was proposed to me in any manner whatever, except by inserting it in these papers, and that without taking any notice of the variation of the power of revocation from what it is at present. I am with the greatest respect My Lord Your Lordship's Most obedient humble Servant HoLLES Newcastle. P.S. I have desired M"" Stone to acquaint my Lord Lincoln with all the particulars of this harsh proceeding*. Lord Chancellor to the Duke of Nciucastle [N. 18, f. 365, II. 60, f. 74.] Powis House, Oct. 14, 1744 at niglu. My Dear Lord, Whether I may be allow'd to make use of an appellation which imports in it something reciprocally affectionate, I fear I * N.B. The D. of Newcastle was much out of humour at this moment with my Father (I daresay \i.e. I am sure] very unjustly) for rather siding with Mr r[eniainl in this dispute. I have heard him say — he was tired witii carrying water between the br[other]s. II. 364 DEFEAT OF LORD GRANVILLE have reason to doubt, after the letter just now deliver'd me by M"- Stone. However I will venture to do it, since nothing ever shall, or ever can alter, on my part, that attachment, affection and duty which I must always bear in my heart towards your Grace. You sent Mr Stone to me last night to require my opinion upon an affair and the consequences of it, mainly concerning your Grace, and almost all the branches of your family. I was sensible that, in a case so circumstanc'd, it was a hard and almost insupportable task upon a common friend ; and I said so at the time. But I should have been a traitor to your Grace, if I had not sent you my opinion, weak as it was, with sincerity and uprightness. I see the effect it has had upon your mind, both by your letter and what M"" Stone has related to me. What more to say I know not, nor did I ever in my life, find myself in so miserable and anxious a state. My fears may make me judge wrong and I hope they do ; but it looks as if I was suspected of some kind of partiality towards your brother. How can I possibly have it between you two ? Where are my primary obligations ? Where must be my primary and ultimate affection .-' If your Grace had been my own brother and he an absolute stranger, the dictates of my own mind and the opinion which I should have given, would have been just the same. The resolution which you seem to have taken and the consequence which you declare must follow from it, in any event, is the most dreadful one which can happen. An absolute breaking off of all correspondence with your brother and his family ! What can be more fatal either in a public or a private view ? Give yourself leave, my dearest Lord, to reflect for one moment upon the appearances in the world, the misconstructions of mankind, the unhappy situation on every side for your friends, your family and yourself. It is not my intention now to enter into the matter with you. It is fully understood, and I have said upon it all that my distracted mind can suggest. Consider, I beseech you, how long this treaty of marriage has depended, and that (besides the consideration of the parties interested), the men of business employ 'd on both sides, and who have been suffer'd to proceed on this foundation, are of the highest characters for ability and integrity in their professions, in the whole kingdom. Amongst them states of cases and explanations in writing, left with parties for their consideration, are always esteem'd the fullest and clearest explanations. M^ Solicitor General^ has ^ Murray. THE CHANCELLOR'S PAPER TO THE KING 365 been the counsel for your Grace and my Lord Lincoln. For God's sake, send for him on Monday morning; open yourself to him freely and without reserve ; and enjoin him to tell you his thoughts equally without reserve, both as to the point of interest and the point of honour. I know nobody is a better judge, of the latter more especially, than your Grace, and yet a communication of sentiments may tend to clear and ease your own anxious mind. No mortal breathing has either seen or knows one word of what I have writ. I pray God direct you ; my heart is too full to add more, except that I am and for ever will be My dearest Lord most sincerely, most faithfully and entirely yours Hardwicke*. [H. 60, f. 76; N. 18, f. 367.] [In a further letter, [Oct. 15], the Duke, though now somewhat mollified with regard to the Chancellor, still maintains his former opinion of the cruel way in which he has been treated.] But it is over; I sign tonight, and to shew how little I was to be suspected and that I am not what others are to me, had my brother not had a heart of stone, but relented, rather than for ever forfeit my friendship and affection, I had taken the resolution to order the Solicitor General to prepare an instrument for me to sign to the purport of what is now torn from mei". [N. 18, f. 369.] [The Chancellor replies the same day. Differences of opinion no man can help. It will happen in matters private as well as public ; and it ought to create no difference or diminution of affection, where one has reason to be satisfied of the uprightness, tho' possibly weakness, of the intention.] But, as your Grace says you differ from me so widely in your way of thinking, I humbly beg and entreat that my sentiments may not be allowed to have any weight with you in this unhappy affair. It was for that reason I presum'd to desire that you would consult M"" Solicitor upon it.... My reason for using the words the point of interest^ as well as the point of honour, was because your Grace in yours to me had call'd it this valuable power, and no man can be blamed for attending in * N.B. My father had certainly obligations to the I), of N. at the outset of his life, but why he always so overrated them, I am at a loss to account. 11. t This private difference was singular enough when the tw(j brothers were contending in the Closet with Lord Granville. H. 1 This was much objected to by the Duke, N. i8, f. 368 ; II. 60, f. 76. 366 DEFEAT OF LORD GRANVILLE a degree to the point of interest in an affair of property. One thing further I must beg, almost upon my knees, which is that your Grace would not suffer that sharpness and acrimony towards a certain quarter^ to remain upon your mind. It is to a trifle as bad as not doing the thing at all and will have as fatal effects. I am, and will never cease to be with the most inviolable attach- ment and affection, My dearest Lord [etc.] Hardwicke. Duke of Newcastle to the Lord Chancellor [H. 60, f. 86.] Claremont, N'ov. 3, 1744. My Dear Lord... My brother will acquaint you with what passed yesterday in the closet where he supported our paper with all the firmness and judgment imaginable-. The effect it produced was siilleimess, ill humour, fear, a disposition to acquiesce, if it could be done with Lord Granville's approbation. In that is the whole. This appeared plainly by the King's looks and discourse to Lord Granville and me together. He addressed himself to Lord G. " It is time to think of a speech ; we must speak plainly and lay the whole before the Parliament." Lord G. " Two days will do that. Sir." " No, my Lord, this speech may require much alteration ; we can add good news if it comes at any time, but we must ask the support of the Parliament."... The King went on, " My Lord, you should write to Holland ; we must know what the Dutch will do." " Sir I have done it already. If it is right to insist on declaring war, I believe your Majesty must write another letter yourself" I said little, got out of the closet as soon as I could, but you may imagine approved certain parts of His Majesty's discourse. He afterwards sent for Lord Granville alone ; he staid about five minutes, said nothing to us afterwards of what had passed. The audience was so short, I suppose the fact only was told, probably with assurances of his support and recommending managements and some compliance to Lord Granville. I conclude this day the scheme of conduct will be settled between the King and Lord Granville which will, I believe be, what I always foresaw, a seeming acquiescence, depending upon Lord Granville's savoir to defeat it afterwards, and draw us on. This is, what I most dread, and I own, I think, nothing will prevent it but a cox\c&c\.entavied'\n a proper manner.directly with Lord Ches[terfield]. I have now delivered the paper in the manner you all like. My brother has well supported it. You will be so good as to do it tomorrow or Monday, and I beg you would explain it to the King ; but firmness is beyond all argument. Lord Harrington must soon 1 His brother, Henry Pelham. - See pp. 332 sqq. UNANIMOUSLY SUPPORTED 367 follow and I think the Duke of Dorset and the Duke of Argyll; the first, I am persuaded, will. I wish you would let me know by a line on Monday morning what has passed that I may hold the same language with the King. I am my dear Lord, ever yours, HoLLEs Newcastle*. Duke of Newcastle to the Lord Chancellor [H. 60, f. 88.] Newcastle House, Nov. 10, 1744. Mv Dear Lord, Your Lordship will not be surprised that I take the first opportunity to repeat my most sincere and grateful acknowledg- ments for }^our affectionate, and forme the most honourable testimony and support that ever private friend or public minister had^ Indeed, my dear Lord, I say what I think, and I doubt not but your discourse will have all the success that its weight, dignity and energy deserve. I made a faithful report to my brother, who is full of the same approbation and thanks that I am. He is obliged to go into the country this morning but returns tomorrow evening, with an intent to meet Lord C[hesterfield]....By what the King said to your Lordship and by Lord Granville's looks afterwards, I should fancy the thing is over and that they will take their resolution this day or tomorrow. Perhaps Lord Granville may desire to be President with a Garter. I own I don't quite see the necessity of flinging him into rage and opposition, if we could, without it, find means of satisfying Lord 0[rford] and a certain number of his friends, for without this last we have no ground to stand on. ...My dear Lord, pcrge, age; nobody but you can carry us through, and you can. I am, my dear Lord, ever most unalterably yours Holles Newcastle. Lord Bolingbroke to the Lord Chancellor [H. 239, f. 318.] Battersea, Nov. 12, 1744. My Lord, I send you two volumes of the letters you desire to see of which a few copies were printed by Pope's direction. The second may give your Lordship possibly some satisfaction ; the first, I fear, is fitter for a young man who begins his studies than for your perusal-. With them your Lordship will find some addressed to Pope on metaphysical, or rather anti-metaphysical matters. The * In about 5 years after, Lord Granville was a greater favourite with his Grace than Lord Ch[esterfiel]d, on account of their both supporting the same sort of measures. II. ' The Chancellor had an interview with the King after the Pelhams, but there is no record of it. ^ Probably the Patriot A7«^'' and the Spirit of Patriotism. 368 DEFEAT OF LORD GRANVILLE letter writ to Wyndham^ I found, and I send it and with it two others. One was writ to Lord Stair on what he communicated to me from Lord Sunderland-. His Lordship took so little care of it, notwithstanding the caution given him in it, that falling behind his secretaire it was found by M^ de Mezieres, in whose house he had lived, and printed as you see it, for reasons obvious enough. There is likewise a draft of that, which I writ to the late King in 1725, soon after he had brought me into this country. What I pressed for then, and do not even desire now, your Lordship may think was not ill supported^ At least you will see how mean and treacherous a part the Minister in power^ acted under the mask of good will. I trouble you no further, I only ask your indulgence to which I have this claim, that I obey your commands, and that I shew myself naked, as it were, to you. I wish to hear that a spirit of conciliation has operated, such as your present distress requires. I am, my Lord, with true respect your Lordship's most obedient and most humble Servant H. St J. L. B. It may be proper to say by way of postscript that tho' some things in the letter to Pope may appear heterodox, they will be more so relatively to theology which I do not much esteem, than to evan- gelical religion which I respect as I ought. Many inaccuracies must be excused, since they were never corrected, nor read by me since the first heat in which they were writ.... Duke of Newcastle to the Lord Chancellor [H. 60, f. 90.] Newcastle House, Nov. 16, 1744. My Dear Lord, I would not give your Lordship the trouble of calling upon you this evening, because I was sure you would be much more usefully employed without me. My Lord Harrington was with the King this morning an hour and a quarter. His Majesty began by expressing great resentment and rage that the Speech was not yet prepared ; that he had often ordered it ; that he would have it done immediately and much more to the same effect. My Lord Harrington, my brother and 1 therefore beg your Lordship would be so good as to finish the draft of the Speech as soon as possible, in such manner as you shall think proper. I am clearly of opinion that it should be a general one ; I mean without any reference or view to a subsequent Speech. The King declared to my Lord Harrington his dislike of what was doing in pretty much the same terms he has done before, upon which my Lord Harrington ^ His well-known Apologia, written in 171 7 to Sir William Wyndham, after his abandonment of the Pretender's cause. ^ In 1726 Lord Sunderland negotiated with Bolingbroke in France on behalf of the English Government. 3 See above, p. 96. ■* Sir Robert Walpole. NEWCASTLE CONTEMPLATES RESIGNATION 369 expressed his desire that His Majesty would allow Lord Granville to endeavour to carry on his affairs. The King said that was impossible ; that Lord Granville could not stand it ; that all the great Lords were united against him, and by their means and their influence, a majority of the House of Commons (and this His Majesty was pleased to attribute solely to me, tho' in the course of the conversation and upon other subjects he talked with full as much acrimony of my brother as of me). He added that Lord Harrington must be Secretary of State and must go to Holland. Lord Harrington represented that there were many things that must be previously considered and settled ; that it was absolutely necessary His Majesty should give his support and confidence to those, whoever they were, that he should make his ministers. The King said in answer to this; How could he support measures that he thought so wrong .'' that the view was to abandon our allies and put a shameful end to the war as was done in 1712; that the pretext was the Dutch not furnishing their quotas, which would end now as it did then, in making a dishonourable peace, to all which Lord Harrington made the proper answers. A great deal was said in a very flattering way to his Lordship ; that he was a man of sense and a cool man ; that Lord Granville always spoke very respectfully of him ; that he must remember the confidence the King formerly reposed in him^; that it was not His Majesty that removed him from his employment, that it was not Lord Granville, but that it was the Pelhams who did it. In short. Lord Harrington is of opinion that the view was by personal flattery to disunite him from us and to engage him, in concert with the King, to carry on Lord Granville's measures; and I think His Majesty's scheme was, that if Lord Granville, could stay in, he should write and act as we should advi.se; but if Lord Granville was to go out, Lord Harrington should execute Lord Granville's plans and schemes.... Duke of Neivcastle to the Lord Chancellor [N. 18, f. 427 ; II. 60, f. 93.] Newcastle House, Nov. 19, 1744. My Dear Lord, I am sorry to interrupt you, even with a letter ; but as my own situation, at present, is so very delicate and your Lordship's advice and support arc my chief, I may say my sole, dependance, I cannot avoid laying my case once more before you. I could observe last night .some of my friends, and particularly the Duke of Dorset*, mighty desirous to have Lord Granville's resignation ; and ' Lord Harrington had formerly supported the King's Hanoverian measures and had negotiate. 19, 1744 at night. My Dear Lord, I have the honour to send your Grace inclosed the draft of the Speech as now finished by me, together with the draft of a motion....! have also prepared the sketch of the Address.... I have read over more than once with great attention and con- cern the letter with which your Grace honoured me today. It is a subject more fit for discourse and expostulation than writing ; and I am sure I am not sufficiently master of the intrigues and ways of a court to know what to advise upon it. But I sincerely think that, if the letter which you have drawn and is inclosed should now be sent, it would at once put an entire end to the whole scheme, which your Grace, and your friends have been labouring at. You cannot but observe that I feel and lament the situation as much as any one, and for your GvdiCQs particular, I cordially adopt it as my own. I hope you have, as you intended, fully talk'd it over with your brother, and settled your own thoughts upon it. Permit me only to entreat and conjure you upon one point, which is, that you would not suffer suspicions to grow up and find a place in )'our mind con- cerning those friends whom you brought together, and with whom you have hitherto acted and made so great a stand. I must confess I did not discern the disposition your Grace mentions to exclude ' Thomas Winnington (1696-1746), M.P. for Worcester, a .staunch supporter of Walpole, who hat Duke (d. 1 699); see Burnet's description of this strange personage {Histoiy of His o'ani Time, ii. 225). 3 H. 522, f. 87. THE CHANCELLORS AUDIENCE 381 had no view in the whole that has pass'd of late, but your service and that of the public. I consider'd with myself that the principal point of the public service, and your Majesty's great object at present is the carrying on of the war, and though your Majesty may have been told that we were against the war, that was a misrepresentation ; we were zealously for it; but we were for it upon some practicable plan and in such a way as we might see it could be supported. I was always convinc'd that, as your Majesty was engaged, it was necessary to be carried on till an opportunity should arise of making a reasonable peace, for the sake of your Majesty, for the sake of your allies. I saw at the same time that in the condition and disposition, in which your allies are at present, it would require vast sums of money and perhaps greater annual expenses than this Country ever bore in any former war, either King William's or Queen Anne's. It would be impossible for any administration to carry this through without taking some methods to reconcile the minds of men to the management of the war, and making it in some measure popular. This could not possibly be done without taking the nation, to a certain degree, along with you. I beg your Majesty would consider the situation you are now in. Your old servants and the old corps of Whigs, who are connected with them, are ready and zealous to support you. The gentlemen, who are newly come in, have come in upon that foundation, and have bound themselves by their declarations and engagements to support, by themselves and their friends and followers, the measures for carrying on the war, and I think the strongest of those measures have been open'd to them. The gentlemen, who have lately gone out of your service, have, for reasons best known to themselves, declared that they will concur in all measures to support the war and pretend to build a merit upon it. For my own part, I never saw or heard of a situation which, if rightly improved, afforded a prospect of greater advantage to the Crown than this. In Parliament there have been generally three parties: — The C. 395. 394 THE BROAD BOTTOM MINISTRY Lord Chancellor to Capt. the Hon. Joseph Yorke [H. 6, f. loo.] Powis House, May -^th, 1745. Dear Joe, I must begin my letter, as you very rightly do yours, with returning my unfeigned thanks to that Divine Providence, which has so marvellously preserved you in the midst of so many dangers. You must never forget it, and, as you say, praised be His name for ever, let it be praised in your future life and conduct. Your Mother, and all of us, have been in the utmost anxieties for you. Would to God our private joy was not now damped by the public calamity. I thank you for your account, which is, I think, as full as any I have seen, except the addition of some names of killed dixxd wounded. I hope all of that kind is not true that is said. We wait with impatience for the particulars, and yet dread to receive them. The loss of some you name gives me particular concern : but I hope the wounded will recover. The behaviour of your Master is universally extoll'd. It is the universal voice of all the letters, as well foreign as national. Surely nothing can equal it. It is happy that you have such an example of a young Prince before your eyes, whom I doubt not you will endeavour to serve and imitate in the best manner. Don't fail to take the very first opportunity of laying me at His R. Highness's feet and acquaint him how much joy I feel (in the midst of the public misfortune) in his safety and fame! I pray God give him, and I trust he will have, better success another day. It is our business to look forward and endeavour to retrieve the loss. All our attention is taken up here in considerations how your Army may be reinforced and augmented. It is our misfortune that the King is upon the sea, having embarked on Friday noon, whereas the messenger arrived on Saturday morning. All that can be done by men in our situation will be done. The Duke and Marshal Konigsegg' must press the Dutch, and in the mean- time you must take care of yourselves. When the detail is known, a better judgment may be formed. Pray write as soon as you can, and let me know as many particulars of what preceded and pass'd during the action, as you shall be able to collect : and I should be glad if your time would permit you to send me journals ^ Josejih George Lothaire, Count Konigsegg, commander of the Austrian contingent : of distinguished service in the Turkish wars, hut now a gouty old man of 73 — Fontenoy, by F. H. Skrine, 126. LETTERS FROM HIS PARENTS 395 as you did last year. Your postscript about Grey makes me rejoice much that I compelled you to take him back with you. I can write no more at present, but the kindest love, prayers and good wishes of all here. Make proper compliments from me to all my friends according to their respective circumstances. I am in pain for poor Vanbrugh', for they say the wound in his thigh is bad. I grieve over Sir James Campbell-, who is a great loss. Don't be dispirited. Our cause is good, and if not at the first, at last Providence will favour it. God bless you and preserve you. I am ever. Dear Joe, Your most affectionate Father, Hardwicke. Let me know, as correctly as you can, the number of troops of each nation, which were in our army at the time you attacked the enemy, and likewise the number of the enemy's armies^ Lady Hardwicke to Capt. the Hon. Joseph Yorke [H. 6, f. 226.] [n.d.] My Dearest Dear Child, God almighty bless you and make us truly thankful for your wonderful preservation in the hour of danger. May His good Providence still attend you and bring you once more to your affectionate friends with better fortune, if it pleases God, in whose hands we are, the victors and the vanquished. Your account of the Duke's behaviour in the day of battle quite charms us, but success is not in our power ; we are humbled, but I hope not with- out some mercies in store for us. Your friends and companions killed and wounded I am quite grieved for, every hour adding to their number and my thanks for your wonderful escape. I could ^ See below, p. 398. * Gen. Hon. Sir James Campbell (r. i667-i745),thirdsonof the second Earl of Loudoun, distinguished himself greatly at Malplaquet by exceeding his orders and charging the enemy, and again at Deltingen, when he was invested K.B. on the field of battle. M.P. for Ayrshire, groom of the bedchamber and governor of E' that scheme was subverted, that should not have made us desperate : we .should have managed waril}' at I TACTICAL MISTAKES 407 least our little strength : some measures might have been fallen upon to have either crossed the Scheld above 'em or below 'em and not to have attacked 'em in the very spot, unreconnoitred on our part, the)' themselves could have wished us to have done it in ; and that too after having, thro' avoidable and unavoidable delays, given them time to render it so strong that twice our force and courage, without more than twice our skill, could not have drove them from it. I cannot conceive what malign star reigned over us at that time, but sure never were people with the means, as I suppose, in their hands, so ignorant of what their enemy's force or operations were. I have pretty good reason to think that Prince VValdeck flattered the Duke and Marshal so much with the notion that the French were far inferior to what we found 'em, and would not stand their ground, that with an Austrian flight of military conduct he hurried us to this bold attempt. Had we even attacked 'em the day before, we should have found less difficulty; for the night of the loth completed those works from which we suffered so much the next morning. To do my master justice, he showed more military skill in my poor judgment that day than anyone I saw joined with him, and that not to derogate at all from their merit. To instance the chief particular of it : from his first entrance into the plain his whole bent was to dislodge the enemy from the great redoubt which was behind the corner of the wood on our right, to effect which he severally ordered the Brigadiers Ingoldsby^ Skelton- and Major Genl. Zastrow^ to attack it ; but either thro' want of heavier artillery to make a breach or want of fascines to fill up the ditches to enable 'em to storm it sword in hand, the different attempts were without success at the beginning of the day; and after the Dutch had turned our attention towards the centre and the village of Fontenoy, the object of the action on the right was quite changed as, I believe, you will readily conceive. Till that moment things had wore a good aspect; but the unsuccessful attempts on that fortified village and the poor behaviour of our left soon gave a damp to our elated spirits. Tears were not spared on the occasion: I felt more for our master at the instant of our retreat than I ever had felt in my life before, when with a deep fetch'd honest sigh and eyes brimful of tears, he lamented the loss of so many of his brave fellow-subjects, and wished rather to have shared their fate than .seen their gallant endeavours attended with no better a success. It was ill judged, after so good a retreat, to leave our camp at l^refcuil [Bruffoel] that night ; because the enemy did not dare to follfjw us, and we should by that means, have saved the greatest part of our wounded and all our hospitals, which have since fallen into the enemy's hands, and arc made prisoners of war, because we, they say, have infringed the cartel, by the detention of Hellcisle^ ; add to this that it makes our story not tell so well as it would, had ' See above, p. 400 //. ■■^ Of Branthwaite Hall, (Amiherland, Colonel of the .}2nil Foot 1742, dieil 17.S7. ' Hanoverian General, commanded the Hanoverian Infantry. * See ai)Ove, p. 3(^0 n. 408 THE BROAD BOTTOM MINISTRY we continued firm in our old camp. Generally such things as these are said after an affair is over, which were never mentioned during the time it was in agitation, but that was not the case here. Most people thought we only meant to show ourselves and not attempt what we did, especially as we seemed so little acquainted with the enemy's dispositions. A general officer of the Austrians, Molcke b\' name, an officer of great merit, who is extremely good to me, told me himself he had offered to reconnoitre the enemy nearer*, but it was not thought proper. I can't find that the Lieut. Generals were at all consulted in the affair ; in short, I think it providential it was not worse, considering all our slips. This will make us better soldiers, braver it cannot. I will conclude my rude remarks with saying that that day convinced me in f)pen ground the French will never stand us. I have the honour to send your Lordship herewith a scribbled account of the names and numbers of our battalions and squadrons, together with the number of the enemy, to which I have added an account of the killed and wounded French officers. I take it for granted that you have long ere this received H.R. H.'s detailed accounts of the action (which I have never been able to get a sight of) with the dolorous list of killed and wounded English officers. It was a cruel massacre of brave gentlemen, but 'tis a fate prepared for us all ; may we all submit to it as well ! I can't say our spirits are at all dejected ; for, to say the truth, both officers and men seem desirous to meet again on more equal terms. Your Lordship's letter arriving but the night before last, I have had a very little time to collect anything together. All I have wrote is confused and from memory, without an}- materials or foul draft, as }'ou may easily see by the blots and interlining of this ; but my ardent desire to obey your commands immediately deter- mined me to throw my indigested account on paper and send it directl}', rather than sta)' until facts were grown so obsolete as either to have quite escaped one's memory, or have been transmitted to you by a hundred hands, I must therefore beg your indulgence upon the occasion and that you would be persuaded the vicissitudes of fortune can in no way change that regard with which I have the honour to be Your Lordship's most obliged, most obedient, dutiful son and servant, Joseph Yorke. I am greatly .sensible of the goodness of all my friends in their good wishes for my safety ; as soon, and as fast, as leisure will permit, I will thank them myself. In the meantime, whoever of 'em fall under your Lordship's eye, I beg leave to trouble you witii my compliments to 'em. My humble duty to Mama whose letter * To which llie D. and Mar: at first gave consent; but I'r. Waldeck, having taken it into his head llial things would go smoother on the left because the enemy made little resistance on that side, wiiere the ground was more open, over-persuaded him to apply too much of their strength that way. TEARS FOR THE GALLANT DEAD 409 is come safe, as also those of the rest of the fraternity, to all whom I beg to be remembered in the kindest manner. Tournay is taken and the Citadel, I much doubt, does not intend to hold out \ery long ; the particulars of their transactions you will be informed of by the Duke's accounts^ Lieutenant S. Robinson to Capt. the Hon. Joseph Yorke [H. 83, f. 26.] Brentford, May 18///, 1745. Dear Yorke, I have lately resisted a strong temptation in writing two or three lines to you in the bottom of a letter of Parslow's, but it was with design to do myself more justice, in telling you at large how much I rejoice and congratulate you on your preservation when the odds was so greatly against you. May the same good Providence always guard you and may you rise to honours and command, without ever risking such another fiery trial ; for by as much as we can judge of the affair here, it would be almost pre- sumption to think that any man could survive such another battle, at least for one in your situation. You may imagine what a con- sternation the whole town was in upon the first report. My first enquiry was about you and to be fully satisfied I went in the evening to Ormond House-, where Lord and Lady Hardwicke did me the honour to see me and have for ever made me their most grateful servant in receiving me as your friend, and in consequence of it shewing me your letter which I rejoiced upon much as a testi- ment [testimony] of your safety, as well as upon the letter itself which, considering your fatigue of body and agitation of mind, was both a manly and sensible letter, and I can assure you, according to Lord Cobham's opinion, the most intelligible military account sent over at that time. I can hardly express how much my heart ached when I came to the fatal list. Poor Harry Berkeley's name being the first affected me so much that I was unable to go on for some time with the letter. He was a man I loved and esteemed, and he is here the most universally lamented of any man I have known in my life-time. I can't avoid mentioning to you a private occurrence to convince you there is a possibility for a person to be a great man and yet retain humanity ; for your good father, partly being strongly affected for the national loss and then seeing me in that distress about poor Harry Berkeley, tears dropt from his eyes also. I honour iiim for it greatly and since he has good nature to feel for the distresses of other people, I hope in God his tenderness may ' For other accounts see 11. 83, ft. 29-32 ; several letters of I'hilip Yorke to the elder Horace Walpole describing the battle and subsequent events are printed in Stanhope's /list, of Englatid {\'!^},i)), iii. Ix. s(jq. : and in Coxe's Pelliaiii, i. 235: another descri|)tion, sent by Marshal de Noailles to Lady Bolingbroke in II. .^4.^, f. 141. I'Or Capt. Joseph Yorke's account of the retreat of the allied army and subsequent niovemenls, which we need not follow, 11. 6, ff. 121, 127. ^ I.e. Powis House, Great Ormond Street. 4IO THE BROAD BOTTOM MINISTRY never undergo the trial of the loss of any of his family or friends, and whenever that shall happen I am sure I shall feel for him. I congratulate you on the Duke's safety. He is honoured and esteemed here as much, if possible, as he can be by his army abroad. I find he has exposed his person as much as if he had twenty lives at command....! beg my compliments to Conway ^ and Lord Bury-, and I rejoice they are both well, as also my compliments to Lords Ancram and Cathcart, and hope they are both recovered of their wounds. Remember me to my old acquaintance, General Zastrow, and let him know that a set of people here, called Patriots, damn him to all eternity because his name and that of Hanoverian are never now mentioned but with honour.... Adieu, dear Yorke, and believe me to be your faithful and affectionate friend, S. Robinson. ...I desire in particular to be remembered to Grey^ and let him know I claim some merit in the honour he acquired that day since I solicited so hard for him to be a campaigner this year : if he could speak, probably he would tell me he heartily wishes me at the Devil for it, and would desire I'd come and see some of that sport myself. Lady Hardwicke to Capt. the Hon. Joseph Yorke [H. 6, f. 44.] Mayi^\\'i^i\ My Dear Jo... The no defence of Tournai grieves us much. The French came before it on the knowledge of having it betrayed to them'', and where villany and cowardice will end [I] know not ; since even in my ^ The Hon. Henry Seymour Conway (i 721-1795), son of the first Lord Conway and brother of the first Marquis of Hertford, M.P. for Higham Ferrers, served in the campaigns abroad as Captain in the first regiment of Footguards ; present at Dettingen ; Aide-de-Camp to Gen. Wade, and afterwards to the Duke of Cumberland, and present at Fontenoy ; obtained command of the 48th regiment of Foot and was present at Culloden and in the subsequent campaign in Flanders, being taken prisoner at Lauffeld; accom- panied the Uuke of Devonshire, Lord-Lieutenant, to Itehind, as Secretary 1754; in 1757 he was made Groom of the Bedchamber and the same year chosen to command with Sir fohn Mordaunt the Koclifort expedition, and on account of its failure was disgraced; he was promoted Lieut. -Gen. 1759 and took pari in the campaign under Prince Ferdinand of Brunswick in Germany ; on his return he became a supporter of Wilkes and was dismissed from his civil and military appointments in 1764. He subsequently became leader of the House of Commons and took a prominent part in politics and military administration. "^ George Keppel (i 724-1 772), son of the second Earl of Alliemarle, another of tlie Duke's aides-de-camp; Cajitain in the Coldstream Guards. He was afterwards present at Culloden and made aide-de-camp to the King and Lord of the Bedchamber to the Duke of Cumberland, whom he attended in subsequent campaigns ; became third Earl of Albemarle 1754; Major-General i7.s6. P. C. and Governor of Jersey 1761 : in 1762 he commanded the troops at the taking of Havana ; K.G. i77r. {Diet, of Nat. Biog.) •' See p. 393 n. * Below, p. 412. I JOSEPH YORKE PROMOTED 411 own house a most remarkable event has happened. Edward, who you know has Hved in the family above twenty years, was last week ordered into custody for delivering out writs as sealed that never were sealed. The proof is thought very strong ; he denies it but all the world thinks him guilty. After this, who can answer for another when sense, knowledge, good usage, gratitude nor profit joined together could keep even so low a servant as our porter honest. God mend our morals, for society can't subsist as things are managed. As to the Dutch... where they'll find a Hero to restore their corrupt commonwealth, I know not. God send us better times but my heart is very sad. Your letters, however, do me good, whether to myself or others, when they bring the good news of your health, which God preserve ...I look upon every brave Englishman as a loss to Europe and therefore to be taken care of as such.... I wish you success in all your undertakings, whether public or private, being with the sincerest love and regard, Your most affec- tionate M. H. I feel your loss of a friend as indeed I do everything that affects you so sensibly as that does, but I choose to say little of it, since that can't cure the evil. ...The blessing, love and kind com- pliments of all friends attend you. Once more, my dear child, God bless you, and then I seal up my letter. Lord Chancellor to the Hon. Philip Yorke [II. 3, f. 72.] Powis House, ///w z^nd, 174,^- Dear Mr Yorke, Your kind letter gave me much pleasure as well by the many cordial expressions of your affection to your brother Joe as of your regard and duty to me. As it is the greatest satisfaction of my private life to do good to you all, and to be both the means and witness of your prosperity, so I cannot but highly rejoice in his promotion. The Duke did it in the handsomest manner without my privity or solicitation. I saw afterwards a copy of H.R.H.'s letter to my Lord Harrington, recommending him Vi the King for this Company, which is expressly founded on Mr Yorke s personal behaviour in the Battle of Fontenoy, and His Majesty complied with it with great readiness and graced I have since wrote to my Lord Harrington to lay me at His Majesty's feet on this occasion and also directly to the Duke himself. It is a great thing for Joe to have gain'd the rank of Lieutenant Colonel before he is one and twenty, ' See al.s(j H. 60, f. 162. Jo.seph Yorke writes to his father on June 2-;, "Nobody can be more sensilile than I am of the jjoodness of the Duke in this affair, who without the least hint on my part or {,'ivinj; me any previous notice, did it in the hands<;mest manner that it was possible." 11. 6, f. 1 16. 412 THE BROAD BOTTOM MINISTRY and I hope with }'ou that his future behaviour will justify his quick rise. Advantages of that kind are apt to raise an envy, which is only to be avoided or kept under by modesty and merit. I wish I could take as much pleasure in the situation of public affairs as in this private domestic circumstance. But I own that gives me man}- melancholy reflections. Now that the citadel of Tournai^ is surrendered, upon the most shameful, disadvantageous capitulation, worse than that of being made prisoners of war, I own I dread where the French will turn their numerous army next. I saw Marshal Konigsegg's advice about the manner of defending this citadel, and cannot help thinking that if it had been followed, the place might have held out much longer. The advice appeared to be very wise, but I fear the execution has been a mixture of cowardice and treachery. The defeat of the combined army in Silesia is a mortifying event. On that side, at least, we were flattered with superiority of force and certainty of success, but there is no dependance to be had on previous representations. The King of Prussia made a long forc'd march and it looks very much as if Prince Charles was surpris'd ; but I know nothing of their being caught in their cups, and there is no depending on any such stories-. I have been long of opinion for taking that weight out of the scale of France, upon some terms or other. God knows how it can be brought about now^... Don't be alarmed if the newspapers should tell you that I am not well. So far is true, that on Thursday I found myself disordered a little. Dr Mead thought it a slight feverish indisposition and compelled me to bleed and keep house for a day or two. But I thank God I find myself in a manner well, and hope to be at Westminster on Tuesday, which is the next sitting day. Be assured I am ever most affectionately yours, Hardwicke. All our best compliments and wishes attend my Lady Grey. * The capitulalion was signed June 20, the garrison being dis<]ualified from military service till January i, 1747. P. V. in a letter to the elder Horace Walpole gives an account of the treachery of the engineer Hertslet, who, on the third day of the siege, escaped to the French and assisted them with information. Printed by Stanhope, iii. p. Ixvi. : see also another account in F. H. Skrine's Fonlenoy, 140. - Frederick defeated Prince Charles of Lorraine at Hohenfriedberg on June j. =* A preliminary convention was signed between England and Prussia on August 26, by which .Silesia was guaranteed to Prussia under the Treat)- of Breslau. DISPATCH OF TROOPS TO O ST END 413 H.R.H. the Duke of Cuniberlmid to the Lord Chancellor Tuly lA. [H. 1, f. 4.1 WiLWORDEN, ~-^ — 7- th, 1745. ^ August 4 My Lord, I am ashamed of my not having answered your first letter sooner, but really time is so scarce that I flatter myself you will forgive it. As to your second, it was kept at Ostend by the unfortunate surprise of Gand'. Mr York'[s] preferment ought to [be] agreeable to you on account of his having so well deserved it by his behaviour as much as by being your son; and I should have recommended him to the King at first, if I had not thought it my duty to take care of poor Lord Cathcart, who left me without any other friend and whose father lost his life in the service of his country. I'll not fatigue you with the disagreeable account of our situation as you have perceived [it] all along by all my letters, but assure you that all I can contribute to the safety of England, either at home [or] abroad, shall be attempted by your affectionate friend William. Lord CJiancellor to the Duke of Nezvcastle [N. 19, f. 523.] Fowis House, ////)' 25//;, 1745. My Dear Lord, I was extremely concern'd that, when I receiv'd Mr Ramsden's billet, it was impossible for me to come to the Cockpit-. But it was really impossible ; for I was then in the full course of the business of the Court, and the Master of the Rolls not there. Besides, as it was full two o'clock before I receiv'd the message, it would unavoidably have been near three before I could have got to the Regency, and to have come in at that time of the day would have had an odd appearance. As I foresaw this yesterday, I took the liberty to apprize your grace of it before we parted. I am etc. ever yours Hardwicke. I hope nothing very disagreeable happened. ' J"ly '5' ^ Treasury and Privy Council ofi'ice. 414 THE BROAD BOTTOM MINISTRY Duke of Newcastle to the Lord Chancellor [H. 60, f. 177.] Newcastle House, ////>' a;///, 174-;. My Lord, I am heartily sorry you could not come to us. Your authority might have done something. The meeting was as dis- agreeable as possible, and indeed many things were said that ought not to have been heard. However we upon the whole thought it right to order the two battalions to go to Ostend immediately....* I am ever yours HoLLES Newcastle. For m\- own part I shall be unwilling to attend, when I can't be supported and protected by your authority. * N.B. I have a notion, that the Rebellion being begun, my Lord was against sending the two Ijaltalions to Ostend; the dispute at Council probably was with Mr Pelhani. II. [Sec p. 4.vS.] CHAPTER XIV THE REBELLION There are times when those who have most at heart the national welfare and see furthest into the future are appalled at the prospect, when the betrayal of the public interests by the rulers and the folly of the ruled, together seem the signs of that madness which precedes destruction and the signal of approaching and inevitable ruin. Such a period was the present year of 1745. " I never remember my Father," writes the Chancellor's eldest son, " to have been in such low spirits as he was this summer. The news of the Prussian convention' a little revived him : the Rebellion called forth his whole activity-." The outlook was indeed gloomy. The campaign in Flanders had ended disastrously; the French had gained a signal triumph over the British forces and had been left a clear field to push still further their victories, while the son of the Pretender to the British throne, assisted by the ancient hereditary enemy, had actually landed on British territory and begun his adventurous attempt with astonishing success. Having set sail on July 15, 1745, from Nantes and landing on July 25, at Borrowdale in the Western Highlands, with onl}' 70 or 80 companions*, Prince Charles quickly gathered a small army of followers around his standard and escaping Sir John Cope, who with an inferior force was afraid of engaging, occupied the town of Edinburgh on September 17^ A series of alarming disasters followed. Sir John Cope, returning from the North by sea and landing at Dunbar, was totally defeated at Prestonpans on Sep- tember 21, when the foot were exterminated and the cavalry with ^ See p. 412 «., and below, p. 626. -' 11. 60, f. 175. •' pp. 4.54 s(|q., 451; II. 98, f. 73 and II. 4S, f. 305; A. Lang's Hist, of Scotland, iv- 457- ■* p. 456; Capt. Th. Hamilton writing to Lord II. October 13, 174.^, describes them as mostly young lads, including no single person of distinction from llic Lowlands and receiving no sympathy from the Roman Catholics. II. 240, f. f3t. 4i6 THE REBELLION their general fled to Berwick, leaving the baggage and treasure in the hands of the enemy\ On November 8 the Rebels crossed the border, with the young Prince, a fine gallant figure, marching at their head, and seized Carlisle on November 14 ; while in the meantime the Government was in daily expectation of a French descent on the Southern coasts. But the perils from abroad, serious as they were, were not the principal cause of the Chancellor's anxieties and forebodings. It was from the dangers that beset the State from within, and not from without that his fears chiefly arose. Few statesmen have ever been placed in a situation of greater difficulty or embarrassment. Not only had a great peril to the State to be confronted but it had to be confronted almost alone. In whatever direction he looked, he could see little else but disunion, selfish intrigues, apathy and neglect of the national interests and security; and no signs of vigour, public spirit or patriotism appeared in any class or in any quarter. The weakest point of all was the monarchy itself; for the King's declared and unre.strained Hanover partialities and separate electoral policy had ended by estranging the people from the throne, and by endangering, at the very moment of the Jacobite invasion, the popularity of the whole Revolution settle- ment. And while the King thus destroyed the sentiment of loyalty to his dynasty and of national unity in the people, his estrangement and hostility obstructed and nullified the action of his responsible ministers. Absent in Hanover at the time of the Prince's landing, he had only returned on August 31 to place himself under the influence of Lord Granville, the chief of a faction, composed of a number of persons of political and social importance and including members even of the Board of Regency, of whom some were in secret sympathy with the Pretender and others had joined the conspiracy with the aim only of ruining and destroying the ad- ministration. By these mischievous intriguers the impending danger was belittled, the action of the executive obstructed and the most obvious measures proposed for the security of the throne hindered. They first propagated the spirit of incredulity. The whole ex- pedition, they represented, was a fiction, serving merely as an excuse for the administration to abandon the campaign in Flanders ' pp.451, 457 sq(j.; 11. ).= , f. 101; 11. 103, r. 10; II. 6, f. 142 for account of the battle from the Caledonian Merctiry. FACTION 417 and the King's allies, and to defeat the great continental schemes^ Next it was of no consequence and the Prince had gone back to Brest. In the Drawing Room it was the talk as late as the end of September that nothing need be done to arrest the advance of the Rebels but to read a Proclamation^, The King was encouraged in his obstruction of the measures of defence, and in his refusal to summon the troops from abroad and, as the Chancellor declared indignantly, " opiates were administered to the people when the spirit of the nation wanted rousing and animating." The false and foolish security thus instilled soon turned, on the first reverse, to panic. In September it was told at the turnpike gates in the country that the Chancellor was turned out, the Pelhams fled — as some related, to the Pretender — and London in an uproar^ A run was made upon the Bank of England on Sep- tember 24, which was compelled to pay its creditors in shillings and sixpences-*. In November, after the defeat of Prestonpans the roads and inns in the North were crowded with fugitives from the enemy, one individual abandoning his family, surrendering the control of his affairs to his daughters, and not feeling himself secure till he had put the sea between himself and the dreaded foe and found an asylum at the Haguel In December, London was again alarmed by a report that the French had landed in Pevensey Bay. In the House of Commons some disaffected or cantankerous members, including Fox and the younger Horace Walpole, who were supported and encouraged by the Prince of Wales, opposed in November the grant for the militia, on the ground of the dangerous influence supposed thereby to be given to the nobility at the expense of the crown ; and a motion to prevent the officers of the newly-raised regiments from keeping their rank after dis- bandment was only defeated by a few votes" ; while in December, some were found to denounce the voluntary subscriptions as 1 pp. 441, 444, 448, 450 ■'-^qq-. 457- 2 p. 463. Several anonymous letters were received by the Chancellor warning him of the attemyjts being made by the enemy to induce a feeling of false security and urging the necessity of a strong force to reduce the rebels. II. 240, ff. 117 aqq. passim. 2 p. 461. •* Grenville Papers, i. 40; according to another report the Hank paid in silver in order to hinder the dispatch of money to the rebels in Scotland (K. J. Climenson, E. MontagiCs Corr., i. ■207). » p. 469. « Coxe's/VMaw, i. 277; Pari. /fist. \i\i. \ 7,^2; according to Walpole, of the regiments to be raised by 13 lords, not 6 were embodied and not 4 employed, George If, ii. y6 ; Letters, ii. 146. Y. 27 41 8 THE REBELLION infringing the right of Parliament alone to levy money, and to compare these with the benevolences exacted by Charles P. The danger to the country, wrote the Archbishop of York, came from Westminster and not from the North-. The responsible minister in Scotland itself, the Marquis of Tweeddale, an adherent of Lord Granville, whose daughter he afterwards married, followed his lead in ridiculing the invasion and in opposing all vigorous measures, and especially the summoning of the British forces from Flanders^ On August 24, 1745, he wrote to Lord Milton, the Lord Justice Clerk, still expressing incredulity, regarding the arrival of the Prince, though he had received the clearest and most authoritative information of the fact, while his friends and followers insisted that the rebellion was only a " rabble," and a " farce*." The ministers were thoroughly discouraged and paralysed by the withdrawal from them of the King's confidence. On September 13, 1745, Horace Walpole writes, "Spirit seems to rise in London, though not in the proportion it ought ; and then the person most concerned does everything to check its progress : when the Ministers propose anything with regard to the Rebellion he cries ' Pho ! don't talk to me of that stuff!' Lord Granville has persuaded him that it is of no consequence^" The Duke of Newcastle writes to the Duke of Richmond on September 21, I745. " The King will hardly vouchsafe to say one word about his own business " ; and later, " The Closet grows worse than ever. We are now come to bad language ; incapacity to my brother, spectator of other people's policy and measures, and yesterda)^ Pitifnl Fellows : Lord Chancellor and I are of opinion it is impossible to continue under such treatment and management of business^" Henry Pelham was despondent". Within the council of regency even, there were some secretly disaffected, and some openly lukewarm. Lord Granville refused to follow the general example in subscribing for the public defence, " in the style," wrote Horace Walpole, " of his friend Lord Bath, who has absented himself from the Council whenever any act of authority was to be executed against the rebelsl" 1 p. 478. 2 p^ ^65, '^ Coxe's Pelham, i. •261. ■* J. Home, Hist, of tht- Rebellion, 288-9; Coxe's Pelham, i, 264; G. W. T. Omond, The Lord Advocates of Scotland, ii. 12. ' Letters, ii. 130, also 134 and 137. 8 pp. 454, 468; Hist. ALSS. Comtn. Rep., i. app. 115. 7 See his letter to Trevor Dec. 11, 1745, in Coxe's Pelham, i. 282. * Letters, ii. 153. CHANCELLOR TAKES MEASURES OF DEFENCE 419 The country had been denuded of its miHtary forces for the campaign abroad and no zealous support could be expected from the people themselves who, though far from wishing for a change of dynasty, were stirred by no enthusiasm and aroused by no sense of danger^ In London itself an active agitation in favour of the Pretender was in progress, to be supported on his approach by a force from Wales, headed by Sir Watkyn Williams Wynnl In the midst of all these difficulties, impeded on the one hand by the intrigues and influence of the disloyal and disaffected, and on the other by the levity, apathy and helplessness of the Whig followers of the administration, deprived even of the support of the Sovereign in the defence of his own throne, and alarmed by the incapacity and failure of the military commanders, the Chancellor proceeded undeterred by these discouragements, with characteristic firmness and quiet determination, to provide, as far as it lay in his power, for the public safety. On the news of the Prince's landing, he had at once, as one of the regents, taken the lead in giving orders for the defence of the Kingdom. The ministers were gradually brought into line and inspired with some of his energy. On August 6, a reward of ^30,000 was placed on the head of the Prince, in case he should land, a measure which has been severely reproved on moral grounds by historians and which would not be defended now, but which at that time was no unusual method of dealing with those who remained at large under the ban of treason. The Young Pretender retaliated by a similar declaration against the " Elector of Hanover*." In September, the leading merchants and citizens of London met together and signed a declaration of their willingness to receive bank notes instead of cash payments, in order to support the public credit*. The King was at last impressed with the reality of the danger, and the troops arrived from abroad with the Duke of Cumberland at their head. On the return of the King and the opening of Parliament, on October 17, 1745, the Chancellor, in drawing up the Speech from the Throne, took the opportunity to make an eloquent and vigorous appeal to the nation, ^ Cf. Gray to Walpole, Feb. 3, 1746, quoted l)y Stanhope, Hist. 0/ Etiglattd, iii. 406 : "Here we had no more sense of danger than if it were the battle of Cannae. 1 heard three sensible middle-aged men... talking of hiring a chaise to go to Caxton...to see the Pretender and Highlanders as they passed." The general attitude of the people was compared by the elder Horace Walpole to that of the spectators at a bear-fight who looked on and cried "Fight dog, fight bear." Coxe's Lord Walpole, ii. 71. 2 Quarterly Revie^u, 190, p. 450. 3 Coxe's Pelham, i. 254, 269; H. 522, f. 99; Walpole's Letters, ii. 125. * p. 463; H. 15, f. loi. 27 2 420 THE REBELLION — one of the happiest examples of the long series of King's Speeches and Addresses of his composition. The concluding passages ran : " The many convincing proofs this Parliament has given of their duty, fidelity and affection to me and of their steady adherence to the present happy Establishment and the true interest of their Country, make me repose myself entirely on the zeal and vigour of your proceedings and resolutions. I am confident that you will act like men who consider that everything dear and valuable to them is attacked ; and I question not but, by the blessing of God, we shall in a short time see this Rebellion end, not only in restoring the tranquillity of my Government, but in procuring greater strength to that excellent Constitution which it was designed to subvert. The maxims of this Constitution shall ever be the rules of my conduct. The interest of me and my people is always the same and inseparable. In this common interest let us unite, and all those who shall heartily and vigorously exert themselves in this ^ just and national Cause may always depend on my protection and fl favour^" The addresses of both Houses were unanimously agreed to and large sums were voted for the defence of the Kingdom, for the regular forces and for the militia". On November 23, the whole body of the Law, in 250 coaches, attended on the King, seated on his throne, with a loyal address^ The whole summer of that year the Chancellor remained in town engaged in the work of superintendence and organisation. We find him urging on the Duke of Newcastle the provision of artillery for the troops sent to the North, pressing measures for raising the national spirit, suggesting routes of march for the troops, proposing methods of supplying more officers and insisting on the immediate recall of the British cavalry from Flanders*. His example and zeal put new life into the public measures. Nor was his influence only felt at the centre of affairs. His pen was employed as well in rallying to the support of the throne the leading men in all parts of the country, in instilling courage and vigour into their measures and in animating the people in defence of their religion and liberties. ' H. 521, f. 108; Pari. Hist., xiii. 1310. See also the address in reply, lb. 1326 and II. 521, f. H2. * Coxe's Pelhavi, i. 276. 2 p. 467. * pp. 458, 466, 472. ROUSES THE COUNTRY 421 One of his correspondents was Lord Glenorchy, connected with him in kinship as the parent of his eldest son's wife, who in the incapacity of his father, the Earl of Breadalbane, through extreme old age, stood at this time at the head of the powerful and numerous clan of the Campbells of Breadalbane. On August 15, and in subsequent letters', the Chancellor urges the zealous em- ployment of his influence on the side of the Government in this crisis, when "our all appears at stake," and especially in restraining his people from joining the Rebellion, as they had in 171 5. In the event. Lord Glenorchy proved one of the most active and useful adherents of the administration in Scotland, Unlike the Duke of Argyll- and the Duke of Atholl, who at once took refuge in England, he remained in Scotland during the whole time of the Rebellion and succeeded, though with difficulty, and while the rebels marched through his estates, in keeping his clan quiet and even in raising 400 men, who joined the royal forces, and distinguished themselves at Culloden^ Another correspondent and staunch friend and supporter was Duncan Forbes of Culloden, the Lord President of the Court of Session, and perhaps the greatest Scotsman of his time. Born in 1685, the owner of the Culloden estate, he had rendered great services to the Government in the former rebellion ; and notwith- standing his independent opposition to the severe penalties imposed by the Chancellor upon the town of Edinburgh, in consequence of the Porteous riots in 1735, had been made Lord President the same year. The most conspicuous and the most revered figure on the Scottish Bench, he had for some time carried on alone the whole government of the North. On the first news of the Prince's landing, he returned to Culloden where his services were of the greatest utility, and owing to his influence many Highland Clans refrained from joining the Rebellion; while, by his and Lord Loudoun's co-operation, a force of 2000 men was raised, to join in the work of repression''. 1 pp. 437, 44.'>sqq-, 465- " Walpole's George //(1847), i. 277. ^ See letter from a captain of Lord Glenorchy's Argyllshire Militia on the share of his men in the victory, 11. 103, f. 36. * See the interesting account of this great man in J. Ramsay's Scotland and Scotsmen (i888), i. 43 sqq.; Life by J. II. Rurton; W. L. Mathieson, Scotland and the Union, 377 ; Ed. Rev. xxvi. 107. For his subsequent correspondence with Lord Ilardvvicke and the ill return for his great services, see below, p. 531 and chap. xxvi. Dec. 27, 1737, and following letters. He was the writer of some theological works and as a judge, a patriot and a Christian, according to Warburton, he was one of the greatest men that Scotland had ever produced. Me died in 1747 {Diet. Nat. Biog.). See his portrait in Life of 422 THE REBELLION Another adherent of Lord Hardwicke was Thomas Herring, now Archbishop of York, a man after the Chancellor's own heart. Born in 1693, he became fellow of Corpus Christi College, Cambridge, in 17 16, and subsequently preacher to the King and at Lincoln's Inn, where his eloquence, ability and simple piety won the Chan- cellor's friendship and respects After holding various livings, he was presented to the rectory of Bletchingley in Surrey, where he became a neighbour of Lord Hardwicke at Carshalton. He was a man of straightforward, honest character, of great kindliness of heart, of wit and of broad and liberal religious views which appear often in his letters, and with none of the characteristics of the professional cleric. According to Dr Jortin, " this amiable prelate had piety without superstition, and moderation without meanness, an open and liberal way of thinking and a constant attachment to the cause of sober and rational liberty, both civil and religious. Thus he lived and died, and few great men ever passed through this malevolent world better beloved and less censured than hel" " He was early under my Father's patronage," writes the second Lord Hardwicke, "and one of his most intimate acquaintance.... Of all the clergymen I ever knew he was the most acceptable to the laity in general. He was a popular preacher, and though his delivery or elocution had something particular, it was captivating and agreeable. He was not fond of printing his sermons, perhaps they were better to hear than to read. I believe he ordered them all by his will to be burnt^ His general behaviour and manners were mild and humane. ...My Father was his chief confidant and adviser. He died in 1756 after a lingering illness of the consumptive and asthmatic kind, and saw none of the reverses which happened afterwards to his old friends, having the good fortune to pass his days in regular and settled times V In 1732 he was made Dean of Rochester and in 1737, through Lord Hardwicke's influence, Bishop of Bangor. Writing on December 22, he congratulated himself on having gained in the Chancellor "one who will valiantly and vigorously defend the cause of revealed religion without injuring that of natural, and not by giving up and depreciating the latter by a sandy foundation for the former." " Men of science," he writes to Prince Charles Stuart,hy'^. D. Norie, i. 182 and in the Culloden Papers, which contains some of his correspondence. 1 History of Southwell, by W. D. Rastall, 316 and Corpus Christi College, by H. P. Stokes. ^ J. Jortin, Life of Erasmus (1758), i. 42. •* Several of his sermons however were printed. * H. 251, f. 346; also Walpole's George 11 (1847), ii. 374. THOMAS HERRING, ARCHBISHOP OF YORK 423 Lord Hardwicke, " must have their systems, but yet for all the good that their disputes and subtleties have done in the world, I believe we may venture to say that the gospel is infinitely better for common instruction and practice that it has neither enthusiasm, nor metaphysics nor school divinity in it^" In 1742 he refused the Archbishopric of Dublin, but next year through the Chancellor's influence, who highly valued his character and ability and wished to see his talents given scope in high place, he was appointed Archbishop of York^ while later, in 1747, he was made Archbishop of Canterbury, On the outbreak of the Rebellion, the Chancellor wrote urging his active co-operation in defending the Kingdom. Archbishops of York had before drawn the secular as well as the spiritual sword. Was it not time for the pulpits to sound the trumpet against Popery and the Pretender? His admonitions did not fall upon stony ground. The Archbishop immediately put himself at the head of the county and called a meeting of the principal gentlemen who entered into association; while funds were subscribed to the amount of ^40,000 and bodies of infantry and horse were formed under the command of the Lords Lieutenants " Dr Herring, the Archbishop of York," writes Horace Walpole, " has set an example that would rouse the most indifferent : in two days after the news arrived at York of Cope's defeat, and when they every moment expected the victorious rebels at their gates, the Bishop made a speech to the assembled county that had as much true spirit, honesty and bravery in it, as ever was penned by an historian for an ancient hero'*." His popularity, influence and energy were so great that Tories joined with the Whigs in the national defence, and even a ^qw Roman Catholics sent in subscriptions. The Lord Mayor, at first suspected of Jacobitism, who had remained inactive, followed the Archbishop's lead and the poorest citizens contributed to the funds. According to Colonel Joseph Yorke, the feeling in the North was entirely against the rebels, and the presence of a leader would have proved it long beforel On September 24, 1745, a great meeting was held at York", the most numerous ever known, ^ II. 250, f. 5. '^ II. 250, ff. 16, 19. 3 List of names II. 250, f. 66; the Archbishop's account of proceedings, Dec. 8, 1745, H. 541, f. 62. * iMters (1903), ii. 139. "* p. 479- * The Archbishop's speech on this occasion, his sermon and his speech of congratula- tion to the Duke of Cumberland after Culloden in W. D. Rastall's Hisl. of Southwell., 318-323- 424 THE REBELLION and a remarkable zeal was shown among all classes and all parties in uniting for defence. The example of York was followed by Scarborough, and soon in every part of the county associations, levies and subscriptions testified to the general spirit aroused against the Rebellion. Meanwhile the progress of the rebels had increased the alarm. The Duke of Cumberland, following his troops from Flanders, had returned to London on October i8, attended by Col. Joseph Yorke who, as his aide-de-camp, accompanied him throughout the campaign and to whom we owe some graphic and detailed accounts of the exciting events in Scotland. On November 28, the Duke took command of a force of about 10,000 men at Lichfield, and on December 3, marched to Stone, hoping there to encounter the enemy. The Prince, however, succeeded in avoiding both this force and the army of Wade at Hexham \ and marching on, arrived at Derby the next day, the Duke hastening after him in vain to Stafford and Coventry. For the moment there was nothing but the guards and the trained bands, encamped at Finchley, and less in number than 6000, of whom most were raw and untrained, between the rebels and London. The Jacobite party in the city headed by Alderman Heathcote, one of the city members, was preparing to join the Pretender and a force was expected from Wales, headed by Sir Watkyn Williams Wynn to co-operate. On December 6, long remembered as Black Friday, a general panic ensued. In the opinion of Henry Pelham, London could scarcely have been de- fended, had the reinforcements from abroad been delayed only a few weeks by contrary winds or accidents-. " The King's Crown," the Duke of Newcastle wrote to the Duke of Cumberland, " would have been in the utmost danger^" " I look upon Scotland as gone," wrote Horace Walpole*. In reality, however, the danger was much more apparent than real. The Chancellor does not appear to have shared the extreme apprehensions entertained by the Pelhams. He had from the first ' p. 467. - Pari. Hist. xiv. 1293. ^ Coxe's Pelham, i. 268. The Pelhams have generally been represented as panic- struck and helpless at this crisis, but there appears no evidence whatever of the truth of the charge, and the Jacobite nonsense from \.\\t. Memoirs of the Chevalier Johnstone {\%-,o), i. 47 is not worth quoting. Rumours, however, though false, may sometimes be evidence of the general opinion. In September it had already been reported (see above) that the Pelhams had fled to the Pretender. * Letters, ii. 128. RETREAT OF THE REBELS 425 rightly estimated the strength of the Rebellion and regarded it in its true proportions', and he expressed no alarm or doubt as to the ultimate issue. The success of the rebels had in fact been a marvel but had no solid foundations. Not one person of consequence had joined them since they passed the Tweed. The promised French support had failed them. London would have given them no welcome. They were being followed by the two armies of Cum- berland and Wade, and their small force of 5000 men was in imminent danger of being surrounded by 30,000. In Colonel Joseph Yorke's opinion, the best thing that could happen was for the rebels to continue their march to London, when they must be undoubtedly smashed to pieces, and the worst, a successful retreat to Scotland, where, protected by their mountains and fastnesses and surrounded by a friendly population, they might keep at bay for a long time superior forces^ Compelled by these circumstances, the rebels almost im- mediately, on December 7, began their retreat, with every sign of failure. " Their leader," wrote Thomas Anson to his brother the Admiral, " was observed to be much more gloomy than usual, their ladies wept, and the whole body marched out with visible dejection and despair^" They effected their march homewards with such speed that the Duke of Cumberland, who pursued them with his cavalry and 1000 mounted foot soldiers, did not overtake them for some time^ A delay of one day had been caused in the pursuit by orders, later countermanded, from London of December 12 to the Duke, to return with the main portion of his forces to defend the country against the expected invasion, intelligence having come from several quarters of the great preparations at Dunkirk, where the Due de Richelieu and the Pretender's second son had arrived and where transports were being made ready to embark 12,000 or 15,000 men". At length, on December 18, the rebels were overtaken in the neighbourhood of Penrith, when an attack on their rearguard at Clifton, variously described as a success and a failure, took place". Carlisle surrendered on December 30 to the ' Cf. Alexander Carlyle's opinion of the rebel forces. Autobiography, 147. '■^ p. 476 ; cf. /fist. MSS. Comm. Rep. vii. 704. Lord George Murray lu the Young Pretender: "Had not a Council determined the retreat from Derhy, wliat a catastrophe must have followed in two or three days." 3 Add. 15,955. f- 45. •• PP- 477 sqq- ' pp. 481, 489. " p. 485; R. S. Ferguson, Retreat of the Rebels throtigh IVestmoreland (Cuinb. and West. Ant. and Arch. Soc. Trans, x.) : A. Lang, Hist, of Scotland, iv. 485. 426 THE REBELLION Duke', who, a few days afterwards, on January 5, 1746, returned to London to organise measures for resisting the expected French invasion which, however, through the vigilance of the navy, was frustrated, only one transport with some companies of soldiers succeeding in reaching Scotland 2. During the Duke's absence the English troops, commanded by General Hawley, an officer of inferior type, brutal and unintelligent^, and who had followed the rebels to relieve Stirling, were surprised and defeated at Falkirk, and the Duke was immediately sent back to the North to resume the command of the army. On the 30th, Col. Joseph Yorke announces his own and his master's arrival at Holyrood House. The pursuit of the rebels was begun immediately on the day following^ Stirling was relieved on February 2, and Perth occupied on February 6, a body of 5000 Hessians, who had landed at Leith, on February 13, being left to garrison these places and block the way against the return of the rebels. In the midst of the successful campaign in Scotland, the army heard with consternation of the sudden resignation of the adminis- tration and of the advent to power of Lords Granville and Bath on February 10. This event, which Charles Yorke describes as "the sun stopping in his course at noonday," and which took the nation completely by surprise, had been apparently long intended and prepared by the King, who had never acquiesced in the expulsion of Lord Granville from the cabinet. His hostility to the actual ministers, moreover, and his fears of being made a " prisoner on the throne " had been zealously kept alive by the two lords ambitious of succeeding them. The more favourable turn of events now seemed to offer an opportunity of executing the desired change. The cause of dispute was, as before, a disagreement on foreign measures and in addition the admission of Pitt to office which the ministers, in accordance with their promise and in the national interest, felt it their duty to urge strongly upon the King. The King's refusal to admit Pitt was not, however, the direct cause of the resignation of the cabinet. This was founded on the general constitutional deadlock involved by the systematic and deliberate withdrawal from the ministers of the Sovereign's confidence which was placed elsewhere, with persons who gave secret ^ pp. 487, 492- '■^ Coxe's Pelham, i. 273. ■* Cf. Wolfe's estimate of him, Life by R. Wright, 329. •* pp. 493 sqq. THE MINISTRY OF FORTY HOURS 427 counsels and were responsible neither to Parliament nor to the nation^ Matters came to a crisis at the beginning of February. On the 6th, Lord Bath on coming out of the King's closet actually informed Lord Harrington that he had advised the King to reject the ministerial policy, to refuse Pitt's appointment and to pursue his own measures abroad. " I have advised the King to negative the appointment of Mr Pitt and to pursue proper measures on the Continent," to which Lord Harrington replied, " They who dictate in private should be employed in public^." On the day following the King, who had for some time distinguished Lord Harrington from the rest of the cabinet and who counted on his support, called him into the closet and made every effort, by entreaties and per- suasions, to gain him, and on failing broke out into the most violent reproaches. On the 8th a meeting of the ministers was held at the Chancellor's house, when it was decided unanimously to resign office immediately. On February 10 and 1 1 all the ministers gave up the insignia of their offices, and the Chancellor only waited till the end of term to return the Great Seal into the King's hands, while Lord Chesterfield from Ireland declared his intention also to resignl Lord Bath was appointed First Lord of the Treasury, Lord Granville Secretary of both the departments of State and Lord Carlisle Privy Seal. The firmness and unanimity of the administration, however, disconcerted the plans of the King who, in getting rid of the Pelhams, had counted on the support of various individuals beyond his two favourites and the Tories, to whom he could not venture to entrust the direction of affairs. There were none bold enough or competent enough to fill the numerous offices vacated. Lords Granville and Bath had no influence or following whatever in the Parliament or nation, and no means of carrying on the Government or of supporting the war. The public credit fell immediately. A run was made once more upon the Bank and the subscription of ^2,50O,cxDO, carried for Henry Pelham, was withdrawn. Hop, the Dutch minister in London, dispatched immediately a messenger to Holland and declared that the States would at once submit to the ' Cf. Glover's Memoirs, 37, who gives a completely false description of the situation and who is in error in making the whole turn upon the King's refusal to admit Pitt. ^ Co.xe's Pelham, i. 289. ^ 7^.482; Chesterfield's Ztf//«-j (1892), 791. 428 THE REBELLION terms of France^ The long procession of about 45 persons bearing seals, staves, keys and commissions which arrived at the King's closet, alarmed him and convinced him of the hopelessness of his attempt. At length in despair he shut his door and refused to admit any further resignations ; and on the morning of the 12th he dispatched Thomas VVinnington to Henry Pelham to desire the old ministers to return to their places^ The next two days were spent by the ministers in discussions and deliberations as to the conduct to be pursued. On February 13, a meeting took place, when their demands were formulated in the following memorandum to the King^ Minutes, February 13, 1746, at the Diike of Dorset's^ That, out of duty to the King and regard to the public, it is apprehended that His Majesty's late servants cannot return into his service without being honour'd with that degree of authority, confidence and credit from His Majesty, which the ministers of the Crown have usually enjoy'd in this Country, and which is absolutely necessary for carrying on his service. That His Majesty will be pleas'd entirely to withdraw his confidence and countenance from those persons who of late have, behind the curtain, suggested private counsels with the view of creating difficulties to his servants, who are responsible for everything, whilst those persons are re- sponsible for nothing. That His Majesty will be pleased to demonstrate his con- viction of mind that those persons have deceiv'd or misled him, by representing that they had sufficient credit and interest in the nation to support and carry on the public affairs, and that he finds they are not able to do it. That in order to these ends. His Majesty will be pleas'd to remove etc.... That he will be graciously pleas'd to perfect the scheme lately humbly propos'd to him for bringing Mr Pitt into some honour- able employment, and also the other persons formerly nam'd with him. That His Majesty will be pleased to dispose of the vacant Garters in such manner as to strengthen and give a public mark of his satisfaction in his administration. That, as to foreign affairs, his Majesty will be pleas'd not to require more from his servants than to support and perfect the plan which he has already approv'd. ^ Walpole's Letters, ii. 175. ^ Cf. Hist. MSS. Comin., Marquis of Lothian at Blickling, r^^S. » H. 522, f. 117; pp, 498 sqq. DISCOMFITURE OF LORDS BATH & GRANVILLE 429 On February 14, the Chancellor had a long audience with the King who received him with great civility. He impressed upon him once more the absolute necessity of union and concert between the Sovereign and the ministers, and represented that anything, even the new administration, was better than the continuance in office of a cabinet deprived of the King's confidence. Immediately on his withdrawal, Lord Granville entered the closet and gave back the seals which were immediately returned to the Duke of Newcastle and Lord Harrington, and the old ministers one after another resumed their places. Lord Marchmont " saw Lord Gran- ville go out of the Closet having resigned the seals ; he met the Duke of Newcastle going in, and they made each other a dry bow and passed on^" Lord Granville's and Lord Bath's adherents were expelled from the Government, and Lord Tweeddale, who had re- signed on January 3, 1746-, was excluded and his office, which had been so ill executed, suppressed. Fox was made Secretary at War and Pitt was appointed Vice-Treasurer of Ireland, shortly after- wards, on the death of Winnington, becoming Paymaster of the Forces. Thus ended " the ministry of 40 hours," " an event," as the Chancellor writes, " which will appear to posterity more surprising than anything that has happened^" The attempt at carrying on the administration by irresponsible royal favourites had once more been crushed, and parliamentary and constitutional government by responsible ministers, as settled at the Revolution, again success- fully upheld. The two chief movers in this intrigue withdrew overwhelmed with ridicule, lost for ever their political prestige and ceased to give anxiety to the Whig ministers. " Lord Bath," writes Lord Chesterfield, "retired immediately to his lodging at Richmond to think over at leisure his late conduct, and took my Lady with him to soothe his melancholy and alleviate his dis- appointments He threatened loudly that he would give the world an exact account of the whole proceeding of these transactions in a pamphlets Nay, he went so far as to tell Lord Harrington that it should be such a one as should set the whole nation in a flame, but the flame has ended in smoke. There is a story goes about * Marchmont Papers, i. 171-4. ^ Walpole's Letters, ii. 167. 3 p. 508. ■* Lady Bath (mV Anne Maria Gumley) was not in common estimation a person well fitted to administer consolation, and was generally the object of ridicule. * This, in abuse of the ministers, he had been ordered to prepare by the King, Life of Bishop Newton, Works (1782), 43. 430 THE REBELLION that one of his footmen meeting some other person's footman, the other footman said — ' I hear, Jack, your Lord was near getting a good place,... only nobody would give him a good character.' He has been seen but little since his fall. ...They blame one another, but certainly Granville has got off better than Bath\" "Lord Granville," writes Horace Walpole, "is as jolly as ever; laughs and drinks and owns it was mad, and owns he would do it again tomorrow. It would not be quite so safe, indeed, to try it soon again, for the triumphant party are not at all in the humour to be turned out any time that his Lordship has drank a bottle too much^" " Harder, and more ridiculous," continues Lord Chesterfield, " was the fate of Lord Carlisle. He was bid to go to St James's on the Wednesday morning to receive the Seal, and being a regular man he came exactly at twelve o'clock, and there he waited till near two. His friend Lord Bath went into the Closet to prepare his way, but the reception he met with there discompos'd him so much that he forgot Lord Carlisle, who was waiting in the outward room, and went down the back stairs... and when he came home he had the pleasure to find a letter upon his table from the sagacious Bishop of Lincoln, directed to the Earl of Carlisle, Lord Privy Seal. This, with the rejoicings of his servants and the congratu- lations of his Lady and family, made his Lordship have no great stomach to his dinner... I" The cabinet resumed office greatly strengthened by the exposure of the insignificance and incapacity of their opponents, and secure now of more power in the closet and more weight in the country than had been enjoyed since the fall of Walpole. They, however, took no undue advantage of the King's weakness. They demanded no favours and disdained to acquire popularity by an ostentatious resistance to the King's foreign policy*. Their return to power was the subject of general satisfaction and the news was received with special acclamation by the army in Scotland, where the Duke of Cumberland made his officers drink a bumper to their old friends and no more changes*. 1 Eng. Hist. Rev. iv. 751. "^ Walpole's Letters-, ii. 176; George II, i. 174; but see p. 507. ' Eng. Hist. Rev. iv. 751. •• Alnion's Anecdotes 0/ Lord Chatham (1793), i. 212, 218. ' p. 506; Coxe's Pelham, i. 481, 483; cf. H. Walpole run crazy [George II, i. 172) who gives a ludicrous travesty of the facts and declares the conduct of the ministers "a flagrancy of ingratitude and treachery not to he paralleled... the King was to be forced into compliance with tlieir views or their allegiance wa.s in a manner ready to be offered to the competitor for his Crown, then actually wrestling for it in the heart of his CULLODEN 431 The campaign was continued in good spirits. On February 28, the Duke arrived at Aberdeen and after a long wait of several weeks, occasioned by the weather, he moved off towards Inverness on April 8. The River Spey was crossed on April 12'. On the 15th the army was at Nairn and on the i6th was fought the battle of Culloden. Colonel Joseph Yorke, as the Duke's aide-de-camp, had excellent opportunities for seeing all the details of the engagement and has left a vivid description of the fight, in which the Jacobite cause was finally lostl There is much similarity in the history of this invasion and the war from which Great Britain has recently emerged. In each an enemy, insignificant in numbers and at first despised, grew formid- able from a succession of surprising successes but who, without any settled plan of operations or scheme of attack, guided by circumstances as they arose from day to day, was debarred from the possibility or hope of any final or complete victory^ In each the difficulties of the victorious party were only half overcome at the close of the pitched battles in the field and a period of guerilla warfare had still to be confronted ; in each case also the greatest problem proved the re-establishment of government after armed resistance had been effectually suppressed. In both we notice the kingdom." To balance which severities may be quoted the following lines, the composition of an enthusiastic but anonymous admirer of the Chancellor, from the London Gazette — ...But O what strains, what paint can draw Hardwicke, great Father of the Law, As his own Themis, mild and good ! Who in the gap of danger stood, For England's friends atonement wrought And back the Godlike favour brought, A Grace beyond a King's command A King's request to save a Land. When Noah steer'd his pious race O'er Nature's liquidated face, No food he found for man or brute, No land whereon to set his foot, Till the young olive he discerned With his commissioned bird returned. In Hardwicke Britain's dove behold. Returning Ijlcssings to unfold. Revisiting the hallow'd Ark In which his Friends and Heaven's embark, He tells them of the Flood's decrease And speaks to Britain rest and peace. [H. 257, f. 264.] ^ P- 5>9- 2 pp. 521 sqq. ; The A'etrcat of the IIii;hlanders through Westmoreland, by R. S. Ferguson. 8 pp. 528 sqq. 432 THE REBELLION interests of faction placed by a small, but noisy and influential minority, above those of the nation, advantage taken of the national peril to embarrass, instead of to support the administration, and the appearance on the scene of a group of men, the friends of every country but their own, and the betrayers of the common cause; while the unscrupulous methods employed by such persons in our own day in disseminating slanders and false reports of military "barbarities," caution us to be incredulous of the same stories current in the past. The astonishing success of this expedition, moreover, the facility with which a small band of ill-trained and ill-disciplined men could defeat or elude army after army sent against them and advance actually to within a few days' march of the capital, is a warning of what might be the result of another hostile landing upon our shores, when the enemy would arrive in masses, with all the advantage of continental military organisation and equipment, and when the stroke would be delivered upon London within a period not reckoned by months but by hours. The comparison may be carried a step further. To many the present times through which we are ourselves passing appear such another crisis as that of 1745, in which the national spirit seems to have sunk to its lowest ebb. We are not now en- dangered by the continental interests and partialities of the Sovereign. Our perils come from the abuse of party government, from the conduct of those who should be the leaders of the nation but who have preferred to be merely the followers and flatterers of the ignorant and helpless mob. Now, as then, there appears little hope of immediate remedy ; but it may be a consolation to those who cannot but stand dismayed at the universal signs of weakness, lassitude and public folly of their own times and at the grave dangers to which the nation stands exposed, to remember that it is often when the national spirit has sunk apparently lowest that it is ready, as in 1745, at the clear call of a real leader, to rise highest. Besides effectually breaking the back of the Rebellion and destroying for ever all hopes of a Jacobite restoration, the battle of Culloden was in many ways a landmark in English history and a cause of national rejoicing. The memory of the gallant dead, pity for the vanquished, sympathy for a lost cause and the record of many acts of heroism and devotion cannot blind us to the ruinous consequences which would have followed from success. The happiness of a whole age, of a whole nation, of Europe, perhaps of the universe, depended upon the event. Had the Pretender DAWN OF THE NEW EPOCH 433 triumphed, he could only have done so, as Charles Yorke wrote, as the slave of a hostile foreign power, of France, and as a tyrant and conqueror of the British people'; and the imperial history of Great Britain, together with her great mission in the world, must have been blotted out. It put an end to those mischievous and un- hallowed alliances between one political faction and the national foe. It was the last attempt to divide two nations whose interests and proximity clearly demanded that they should be united-. As Joseph Yorke prophesied to his brother immediately after the battle, it proved the last time that blood was shed in the field by fellow- subjects of this islandl The completeness of the victory, the fact that the battle was won entirely without the help of foreign allies, by British troops alone, who had once more given proof of their natural courage, and that in the general dearth of military talent it was the King's own son who had gained the victory and saved the country, were events of happiest augury to which the Chancellor alludes with joy and satisfaction ^ Steady devotion to the public good and calm perseverance in duty in the face of perils and dis- couragements were now rewarded. The hands of the wise and good were strengthened and the influence of the seditious and factious weakened and discredited. A more united people, closer ties between the rulers and the ruled, and between the King and the nation, were now created. Meanwhile, the news had come of the capture on July 27, 1745, by the British colonists, supported by the Navy, of Cape Breton and Louisburg which commanded the entrance to the Gulf of St Lawrence, and of the seizure of French ships and treasure amounting to nearly a million, which seemed to show that the national character still retained its old vigour and had spirit to rise to the highest achievements of courage and resourced The black clouds, which had covered the skies, dis- appeared after the storm amidst a burst of sunshine, and the national prospect had never looked brighter than at this moment. ' p. 462; on June 12, 1745, Prince Charles had written to congratulate Louis XV on the British disaster at Fontenoy, Mem. of John Murray of Broughton (Scottish Hist. Soc), 507.— Cf. Fielding's Tom Jones, Bk xi. oh. ii.— "News arrived that the rebels had given the Duke the slip... and soon after... a famous Jacobite squire shook the landlord by the hand sayinj^ '.Vll's our own, boy; ten thousand honest Frenchmen are landed in .Suffolk ! Old England for ever! Ten thousand French my brave lad !'" "^ Prince Charles had especially declared against the maintenance of the Union. W. L. Mathieson's iVo//a«rfa«(///4tf Union, 366. •■■ p. 52«. ^ P- 525- " P- 436- 28 434 THE REBELLION Correspondence Lady Hardwicke to the Ho7i. Pliilip Yorke [H. 3, f. 74.] Aug. I, [1745]- Dear Mr Yorke, ...My heart is very heavy. Our folks are very busy at this time by fresh allarms of the pretenders being in Scotland, but I believe the ship Captain Bret fought was the ship he was in, if that be so, he is not yet got there, which may give a little more time to prepare for him'. The French disclaim sending him there, but that is nothing; they are to take Ostend, whilst Spain sends troops from thence to the other end of the kingdom to distract our measures. This is my oppinion, God grant I may be in the wrong. In the meantime our King's abroad, and our troops also ; and I still think the Dutch made some terms last year, notwithstanding their pretentions to the contrary ; for their troops don't fight and they give up their towns as soon as France asks for them ; and nobody is punished for so doing, but on the contrary, that villain Appius'^ is rewarded with a civil place of better value than what they took from him. What is this but the blackest treachery. In the meantime our good Allies the Austrians, for what reasons I can't guess^ have neglected to let out the great sluce at Ostend, and tho' that would not have saved the town, yet it might have delay 'd the siege some days, an incident of some importance in our present situation. — In the mean while we are marrying and giving in marriage, even our patriot bishops of seventy, are consoling themselves with young wives. In short all ranks, all orders of men think of nothing but pleasure or profit, except your good old simple mother, who really grieves for the distress of this once happy country Your most affectionate and faithful M. H. 1 He embarked on the "Doutelle," a small privateer, at Belle Isle, on 13th July, N.S. accompanied by the "Elizabeth," a French man-of-war. The latter was attacked by Capt. Percy Brett and so badly injured as to be obliged to return to France. The Young Pretender came on alone in the "Doutelle" and landed in the Hebrides on July 23 with seven companions and without supplies, on July 25 sailing to Borrowdale, where he was joined by several more. - "One Appius, Colonel-Commandant of the regiment of Hesse- Homburg, rode off upon the spur to Ath, with the greatest part of his men, in the very beginning of the action, and with an impudent folly, e(jual to his cowardice, wrote from thence to his maslers that the allied army had engaged the French and been totally cut to pieces, except that part which he prudently brought off safe. I hope after the loss of so much gallant blood, exemplary justice will be done upon the guilty." P. Y. to Horace Walpole, May 16, J745- Printed in Stanhope, Hist, of England (1839), iii- P- '^iv- 3 The project was vetoed by Count Kaunitz, the Austrian minister in Flanders, I LANDING OF THE YOUNG PRETENDER 435 Hon. Philip Yorke to the Rev. Thos. Birch [H. 48, f. 302.] Wrest, Aiig. 6, 1745. Dear Birch... The news contained in your last [f. 300] is confirmed to us by other advices of very good authority. The alarm is indeed sudden, but I hope we shall have time to prepare for it and that something will be done to keep our spirits from sinking too much, which, in a crisis of danger to the political body, is as bad as having a low pulse and broken state of blood to contend with a disease in the natural. I shall think the Young Pretender very ill advised (unless his designs are better laid than I hope they are) to land in Scotland with no greater force than he can carry in a frigate of 16 guns — Nothing gives me near so much uneasiness as the siege of Ostend...! doubt not when that place is in French hands, they will be continually threatening us with invasions and that they will begin to set about one very soon, particularly if they have views of supporting the Jacobite interest. I begin every day to approve Lord Orford's defensive maxims in foreign politics and am persuaded they were owing, not so much to timidity and ignorance, as a thorough conviction of the French strength, the weakness of our allies and the expenses and hazards wherein a war would involve us. Yet I cannot but say that we were unavoidably obliged to maintain our engagements with the Queen of Hungary from principles of justice and policy, and I shall never repent having concurred in them ; for suffering her to be overrun would have been only to put off the evil day a very few months longer, and a right conduct in that court and a more rigorous and early exer- tion of their force in Holland, of which they often gave us hopes and earnest, would have prevented things being reduced to that deplorable state wherein we now see them.... If these designs pro- ceed, we must necessarily recall our troops and leave the Continent to shift for itself. An accommodation between the Queen of Hungary and King of Prussia at any rate seems the only remedy... I have seen an account writ by a friend of ours, and dated the 22nd July N.S.^ of the army's motions in the Netherlands ever since the action of Fontenoy...The writer thinks the great Faux Pas on our side has been the quitting of the advantageous camp at Lessincs for one in all respects less safe and important at Grammont, where we faced the enemy 3 or 4 days to no manner of purpose, and also the choosing to protect Brabant rather than Flanders and to cover ikussels rather than Ghent or Ostend. To what councils and inHuencc this unfortunate measure has been owing, you may easily guess'-*, but why the English general gave into it, contrary to ' I.e., Josepli Vorke, of July 21, 1745 N.S., II. 6, f. 121. Cf. A. N. C. Maclachlaii, Duke 0/ Cumberland, 225, ^ The allies. 28—2 436 THE REBELLION prudence and common sense is past my apprehension. The error is the most fatal one that could be made and one I should think the most obvious to avoid.... Hon. Charles Yorke to Col. the Hon. Joseph Yorke [H. 37, f. 42.] ^^S- 6, 1745- ...Commodore Warren landed 500 seamen to assist the soldiers in the grand attack at Louisburg, thinking they might be of service to men who had never seen an enemy's gun fired. When they came up to the soldiers they found those New England men, who seem to be of the true Oliverian strain, on their knees at prayers, which provoked our people so much that they fell a cursing them for cowards who were saying their prayers when they should be fighting, on which the New England men said they would not be assisted by such profligates and sent to the Admiral to take back his men, for the design would not prosper. The Admiral withdrew them, and they made the attack without seamen, which proved highly successful. General Pepperell has spent i^20,ooo of his own money in the project, and gained immortal honour by it... Lady Hardwicke to the Hon. Philip Yorke [H. 3, f. 76.] Aug. 8, [1745]. I had not troubled you with a letter so soon, dear Mr Yorke, but for the last paragraph in yours, in which you so generously offer your money to us, for which my Lord desires I would return his kindest thanks, but that he can by no means accept it. We both wish you an increase of wealth, and every other blessing this world and the next affords, but hope never to be troublesome to our good children in that way, whose prosperity I daily pray for, and whose virtue and affection I can never be thankful enough for, and indeed it is the only comfort I have in the distress'd condition of our country, to think that I nor none of the children God has blessed me with have done aught to draw down his judgments upon us — at least I hope we have not. ...I wish our army well at home, since 'tis impossible for them to doe anything where they are. The Queen of Hungary has acted as her family have done for a century past, proud with- out power, and tenacious of rights they have neither men or money to defend ; and what doe not all the coffee-houses in town say of another family', called to defend the religious and civil rights of a country, they leave to struggle with every difficulty. The proclama- tion I mentioned to you was published on Tuesday-, but a certain Earl^ who was at the ordering of it, went out of town before the ' The King who was at this moment abroad. 2 The proclamation offering ;if 30,000 for the capture of the Young Pretender. Aug. 6. 3 Lord Batli, proi)ably, who, though not in the Cabinet, was still a member of the Privy Council; see p. 4 18. LORD GLENORCHY 437 signing it, which is matter of observation ; but what is very strange is, that nobody knows yet what is become of the Pretender, at least they did not this morning, and I have not seen my Lord since.... My Lord is in hopes to leave the town on Monday sennight, but proposes going to [ J^ for a day or two..,. Your most affectionate M. Hardwicke. Lord Chancellor to Lord Glenorchy [H. 102, f. 32.] Powis House, Aug. 15, 1745. ...On Tuesday last we received advice from the Duke of Argyll and my Lord Chief Justice Clerk that the Young Pretender was landed in the Northmost parts of the Highlands. The place mentioned is Arisaig, in Clanronel's country, being upon the sea to the North of Moidart. He is said to have come in a single ship of 16 or 18 guns attended by about 70 persons, amongst whom are Lord Tullibardine- and old LochieP. The circumstances agree pretty exactly with the ship that came from France in company with the Elizabeth, which Captain Brett engaged and disabled. Considering where your Lordship is seated you must have heard many more particulars than have come to our knowledge, and I must beg of you to send me as exact an account as you can. Your Lordship's zeal and attachment to His Majesty, his family and government are so cordial and well known that the Lords Justices fully rely upon your vigorous exertion of it on the present occasion.... It is a very fortunate circumstance that, in my Lord Breadalbane's weak state, you are on the spot to make use of the powerful influence which you have in that country on the side of the ' Destination omitted. "^ William Murray, Marquis of Tullibardine, eldest surviving son of John, first Duke of Atholl, had taken part in the rebellion of 1715. He was attainted and the succession to the family titles and estates was conferred upon his younger brother James, now second Duke of Atholl. lie was one of the leaders of the expedition of 17 19. Arriving now with the Young Pretender from France, he took possession of Blair Castle from which his brother the Duke fled. After Culloden he surrendered and was sent to the Tower, where he died on July 9 in his 58th year. •' Colonel John Cameron of Lochiel, attainted in 17 15 and exiled, does not appear to have accompanied the Prince. His son, Donald of Lochiel, though unwilling at first, look an active part in the Prince's adventure and was one of his most able and zealous followers. He brought 800 clansmen to (jlenfinnan on Aug. 19, and his example had much influence in deciding the Highland chiefs. He captured Edinburgh in September and was a chief leader in the series of military successes; was seriously wounde- remains unidentified. SURRENDER OF CARLISLE 465 as far as Carlisle ; for their horse's hoofs are of flint and their wheels like a whirl-wind. It is most certain they are strong, well- disciplined, dauntless and united. Our army, I fear, harrassed, the D[utch] and S[wedes]i weak, as Oglethorp- tells me, and great apprehensions of their fidelity. If so, the best generals in the world may be foiled. For my own part, I am far from thinking that victory with us is infallible, but you may imagine I don't propagate this doctrine. I send you a copy of an Appeal to the People of England which comes to me, properly speaking, piping hot from Edinburgh. It is to be dispersed upon the Borders. You see the cloven foot appears and Rebellion puts on there its terrible countenance, and yet, I repeat it, my fears for my country do not come from the North. Be so good in your next as to inform me why the Speaker should say, as he certainly did, that he never saw such a day as Monday in the House and hoped he should never see such another. I am, dear sir, your most obliged and affectionate friend T[HOMAS] E[B0R]. [On Nov. II, 1745 [H. 103, f. 12] Lord Glenorchy describes the means used by the Rebels to make the people join them.] Many of them passed through this country [after the defeat of the Royal troops at Falkirk] with a great deal of plunder, which made the people's mouths water too much, especially at seeing their new shining arms, of which many of them had double sets. A murmuring began to run about as if it was hard that others might not be allowed to share in the spoils as well as their neighbours.... Lord Chancellor to the Duke of Newcastle [N. %o, f. 316.] Powis House, Nov. i-jth, 1745. My Dear Lord, Your Grace's letter gives me great concern. The surrender of the town of Carlisle so soon is a great misfortune, but, if the Castle can hold out eight days after it, that will have some good effect ; tho', if the Rebels have numbers sufficient, I should apprehend they would hardly continue there to make a regular siege of the Castle, but might possibly turn that into something of ' The Hessians sent l)y I'Ved. I, King of Sweden, as Landgrave of Hesse-Cassel. '^ James Edward Oglethorpe {1696-1785), the celebrated philanthropist, the originator of the inquiry into the state of the prisons in 1 729, and the founder of the colony of Georgia which he successfully defended .against the Spanish. At the outbreak of the Rebellion, he joined General Wade with the men whom he had himself raised, and accompanied the Duke of Cumberland in his pursuit of the Highlanflcrs. Oglethorpe had in his young days been an adherent of the Atterbury faction, and the Duke of Cumberland, on his return to London in Dec. 1745, charged him with misconduct as having delayed in following up the enemy (see below, p. 485). He was entirely acquitted by court martial but henceforth became an opponent of the administration. M.I', for Haslemere 1722-1754. Y. •• 30 466 THE REBELLION a blockade, and march on with the main body of their army. The worst consequence I fear from it is the great spirit and Eclat it will give to the Rebels, and the encouragement it will afford to insurrections in England. It is surprizing that we hear nothing from Marshal Wade. Should not an express be sent to him to know \vhat measures he intends to take and perhaps some- thing may be suggested to him ? Many people think he might march thro' Durham by Bernard Castle, and so over Stainmore, which is said to be a good road, by which artillery may pass, and that it is not much above 70 miles from Newcastle to Carlisle that way.... As to their want of officers to assist the militia, the Generals are much more able to advise than I ; but can there be any objection against ordering some of the officers belonging to Sir John Ligonier's corps, to go post into Lancashire in order to give them their assistance ? This would at least be some satisfaction to the people. I presume the most proper officers would be some of those who are most forward on their march. As I shall not be able to be at Court tomorrow by reason of the sitting of the House of Lords, I must beg of your Grace to speak to the King tomorrow to appoint some day this week to receive the address of the Profession of the Law. The Judges have spoke to me upon it ; it will be ready in three or four days'.... My dearest Lord, ever yours, Hardwicke. If orders are not yet sent for the Horse from Flanders, I think they should be sent immediately. Ho7i. Charles Yorke to the Rev. William Warbitrton^ [H. 56, f. 33.] Nov. 23, 1745. ...The zeal of the Kingdom and of all orders of men... upon this occasion is great and general ; but I fear the Rebellion, though it be successfully extinguished, will leave wounds like those made by the Roman swords quae ultra mortem patebant....\ have several times this summer between London and those parts to which I rambled, met numbers of soldiers, Dutch and English, on their march, in a warlike manner with their arms and baggage wagons, and fancied myself in Flanders. Into all the countries whither the Rebels advance the people fly before them with their families. In ' Also f. 342. 2 ggg p. 213 n. MARSHAL WADE'S DIFFICULTIES 467 a word, the present confusion and terror everywhere are what we rarely feel in England ; but are nothing in comparison to the con- sequences depending upon future events and the wisdom of a good Providence which overrules them. Perhaps the happiness of an age may stand upon the hazard of an hour. This day the whole body of the Law in 250 coaches waited on the King with an address and association and were received with the same ceremony of his Majesty on the throne, the great officers of state round him and an answer in form, as an address of parliament is received. 'Tis pity the paper was not a little better penned ; surely if any body of men were furnished with peculiar topics for a performance of dignity and elegance upon this occasion, it was that of the Law, But this is not a time to be nice about words. We don't live on syllables nor are to be defended by them.... Lieut. S. Robinson^ to Col. the Hon. Joseph Yorke [H. 83, f. 41.] Newcastle, No7j. 24, 1745. Dear Yorke, As we have lately attempted to march to Carlisle with an intention to attack the Rebels, I was in hopes ere this to have given you a good account of Scotch bonnets. Two unexpected circumstances put an end to the enterprise after we had made two marches as far as Hexham in our way to Carlisle. It was there we had certain information in what an infamous manner the town and castle had been surrendered to the Rebels, the saving of which was the chief motive of the Marshal's attempting that march, when visibly attended with many difficulties. The other was a severity of weather, sufficient to have put an end to the army itself as well as the scheme it was engaged in. It is impossible to give you a detail of our distress. Cicrae leves loqiuintur, ingejites stupent. From the 14th, the day the cavalry came here to encamp, we have had every variety of bad weather ; at first the most intense frost with perpetual falls of snow which lasted during our march to Hexham and till our return to this place, in which time the poor men have suffered in every shape they possibly could ; for, either through the bad conduct of our commissary or the impossibility of his executing his contract in this terrible season, the men upon their coming to their ground very late at night, the first and second days' march, wanted both straw, firing, forage and meat. During this whole affair our men have behaved with the greatest patience and fortitude ; the common language was, — we know if it could have been prevented, it would. I wish I could say so much for our associates the Dutch. The dogs not only grumble, but plunder everywhere with a heavy hand. On our return to this town, the Marshal sent General Huske to the magistrates to desire, if possible, they could find cover for his men and which was very ^ Aide-de-camp to Marshal Wade. 30—2 468 THE REBELLION happily effected on the 22nd, since which time we have had a constant heavy rain. The free and independent electors of Scotland, for so I call the Rebels, have got as far as Kendal in Westmoreland ; by the last express we have had, they were there yesterday and marched 25 miles in one day. This method of proceeding is quite military and good, but what we cannot, dare not, practise. They turn everybody out of their houses and cover their men, and the country supplies them with everything gratis through fear. We, who live only among our friends, are happy enough to get what we want for fair speeches and ready money. Let us fail in either of these articles, and we are immediately told, — Why? we should not fare worse if the Rebels Vv^ere among us. — I begin now to think that Hawley' would be invaluable in our army. The Rebels have left their heavy baggage at Carlisle and 200 men to guard the Castle, and they have pointed all the cannon there upon the town. Their field artillery in comparison with ours goes post, for they seize on 100 fresh horses every night and then drive them at the head of the train, and as their horses grow tired, they put in fresh ones. Our train has suffered extremely this last march ; near half our carriages are out of order and our horses almost all knocked up. I believe at last we must go upon their plan, if ever we intend to be up with them. On the 26th we are to move Southwards and encamp at Chester in the Street, and without the Rebels send us contrary orders, we shall march through Yorkshire as far as Wetherby and then bend Westward. We have the prospect of a long and bad march before us, and I am sorry to tell you our battalions are very- thin and what we are going upon by no means promises their increase.... with the utmost affection your most faithful friend S. R[OBINSON^].... Earl of Chesterfield to the Lord Chancellor [H. 240, f. 166.] Dublin Castle, Nov. 28, 1745. [After discussing certain legal appointments in Ireland], I have heard with great concern of the still unsettled state of both foreign and domestic affairs ; and agree entirely with your Lordship that, till a strong and right connection is formed at home, nothing can be done abroad. But I say it with sorrow as to myself and with shame for other people, places only can (I see) form that connection. A certain degree of force somewhere^ can alone extort those places, and bring about the foreign measures necessary in consequence of the connection formed by those places. What those foreign measures will, or can, be God only knows, but from the present situation and disposition of all those powers who either are, or call ^ Noted for his severity. See above, p. 426. - Further letters, ff. 43, 45, 105. * The King. PROGRESS OF THE REBELS 469 themselves, our allies, as well as from our own circumstances, the continuation of the war seems to me impossible. Your Lordship does me a great deal too much honour in thinking that my presence could be of any use; though I am sensible of the contrary, I am doubly proud of your Lordship's error, as it is the first I have ever known you entertain, and as it can therefore only proceed from your partiality to your Lordship's most obedient humble servant, Chesterfield. Hoji. diaries Yorke to Col. the Hon. Joseph Yorke^ ivith the Duke of Cumberland in pnrsnit of the rebels [H. 37, f. 47.] Tuesday night, lo o'clock [end of Nov. 1745]. Dearest Joe, ...You say the terror which the Rebels carry with them spreads all over the country as it prevails here. The roads in Nottinghamshire within these three or four days, we are told, were crowded with gentlemen and ladies and all the considerable families of the country flying from it so that the inns could not contain them, and many were obliged to sit by the fireside all night for want of beds. The Duke and Duchess of Norfolk left Worsop manor and went to Bath. The strongest instance of this kind is told of one Mr Wilkinson, a man of great fortune, acquired in trade, who lives near Bloomsbury. He quitted Yorkshire upon the rebels passing by Sir J. Cope, when he marched to Inverness, and came up to London, where he has lived in such anxiety as to be deprived, not only of that reasonable share of tranquillity which a wise man maintains in danger, especially whilst it is at a distance, but of his very sleep. He then obtained a pass from the King into Holland and resolved to part from his family, which consists of two or three daughters. He gave them proper powers over his affairs, took his leave of them and set out for Harwich. When he came there, he staid about a fortnight or three weeks to listen after news, and when he found that the rebels advanced and the storm gathered, instead of dissipating, he put himself into the packet and is gone to the Hague to reside there till the troubles are over. I do not comprehend the views and hopes of the Rebels. It does not appear to me that there is any sense or wisdom in their going into Wales.... There is indeed greater meaning but more extravagance in their coming towards London, yet it is almost impossible they should ever reach it. If they knew anything of the strength drawn together at Lichfield, their true part had been to have retreated as fast as possible into Scotland and joined the new army of traitors now forming there with French assistance, the consequence of which would have been (the best for them) 1 He had arrived with the Duke of Cumberland on Oct. 18. 470 THE REBELLION protracting and delaying (which is death to us) ; and they might have done this with honour to themselves as well as policy in respect of their cause, because by advancing into the kingdom they have given their friends here an opportunity of showing themselves, if they had spirit for great enterprizes. Their friends have failed them ; it is infatuation and not prudence to proceed in such a circumstance The other story is from Scotland, of a trait or two of the conversation between the Young Pretender and the old Earl of Breadalbane^ in Holyrood House. When the Pretender came to see him the old man avoided ceremonies by saying that he could not stir from his chair, and endeavoured to shorten the conversation by complaining of his deafness. Amongst other things which passed between them the Earl said, " Sir, I believe I am the oldest peer in Scotland and the only one who remembers your royal grandfather in this palace." Y. Pretender. ■ " Do you remember him, my Lord; pray how did you like him?'' E. of B. "In some respects Sir, very well ; in others I had great objections to him." y. Pretender. " Perhaps you did not like his religion." E. of B. " No Sir, it did not suit with Britain." Y. Pretender. " That might be an objection to my grandfather in those days ; but at present princes as well as private men have too much sense to suffer any impediments from religion in the pursuit of great Views*. Good success attend your Royal Master and yourself and fellow-soldiers. The hopes of the nation must rest upon your services. In haste, Yours affectionately, Chas. Yorke. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 148.] Lichfield, Nmi"" 30M, 1745. My Lord, ...The Rebels were yesterday at Preston and many people talk as if they would stay there some days. They sent a sergeant, a drummer, a woman and a lad forward to Manchester yesterday, 1 John Campbell, second earl of Breadalbane (1662-1752), grandfather of Lady Grey; see p. 210 71. * [Later he joined, or pretended to have joined, the Church of England : Jacobite Lairds of Cask by T. L. K. Oliphant, 322.] The Young Pretender's character is now well known. lie had no great personal courage, but obstinacy enough. He certainly professed to have his religion to choose, and has said to Humphreys the painter, that his family had suffered too much from priests for him to have anything to do with them. He grew sottish, indolent, etc. after his escape from Scotland, is said to have been in London a few years after the rebellion, and the late King being told of it, forbid any notice to be taken of him. H. H. 250, f. 106. ORGANISATION OF THE PURSUIT 471 and beat up for recruits at 5 guineas a man ; some listed with 'em, and the money was paid immediately ; I heard 'em called thirty, but I believe neither the men nor money will hold out long at that rate. It was said yesterday in the evening that Lord Elcho^ was got into Manchester with 100 Horse and that the main body was to follow soon ; people here (who are in their fears like the people elsewhere) are afraid they should move to Derby, and so be able to give us the slip and go to London before us, but I am inclined to think they will not find that so easy with the dispositions we are making. Our whole Corps will be assembled in a few days between here and Stafford, and we shall in a day or two, I believe and hope, be moving forward ; for I would leave 'em as little of the country as I possibly could and not permit their insolence to go much longer unpunished. The accounts of their numbers I daresay surprises your Lordship as it does me, for with such a handful of men to run on in this manner is most amazing, nor what they can expect from it themselves, I don't comprehend. Mr Bland^ is forward at Darlaston Bridge and part of the Cavalry are still forwarder, so that in a short time, I believe, we shall be able to send you an account of my Lord Elcho's vanguard and the recruiters that they are insolent enough to send forward ; but you won't, I believe, have anything to do with 'em in London, for few that I see incline at all to give or take quarter, so that they will be, I flatter myself, hack'd to pieces on the spot. The Duke's coming down has a very good effect in the Country and makes everything go on in a much more expeditious manner ; and to do 'em justice here, they are very alert in doing their best to serve the Government. Marshal Wade (as to be sure your Lordship knows) march'd last Monday, so that we .shall soon draw nearer one another, especially as his Cavalry is a day's march before him.... ^ David Wemyss, Lord Elcho, eldest son of the fifth earl of Wemyss ; an active supporter of the Pretender. He fled to France after the Battle of Culloden and was attainted, and never pardoned on account of his supposed cruelties. See below, p. 532. He wrote the Short account of the affairs of Scotland, and died in 1787. 2 Humphrey Bland, of Bland's Fort (c. 1686-1763), an experienced and able soldier and the author of the military text-book, Treatise of Discipline {\~i'i'i). He served in 1715 and in the recent campaign abroad as Quarter-Master-General, distinguishing himself at Dettingen and Fontenoy, while in 1745 he held the rank of major-general. He was appointed Governor of Gibraltar in 1749, where he carried out some wise administrative reforms and cultivated a good understanding with the .Spanish. In 1752 he was made Governor of Edinburgh Castle, Diet. Nat. Biog. ; A. W. Campbell-Maclachlan, Life of the Duke of Cumberland, 154. See also p. 622 n. 472 THE REBELLION Lord Chancellor to the Duke of Newcastle [N. 20, f. 40I.] Powis House, Dec. 1st, 1745. My Dear Lord, I observe by the Duke's letter, which your Grace did me the honour to send me this evening, that H.R. Highness is in some doubt whether the Rebels, having turn'd off from Warrington to Manchester, may take their route towards Chester, or not rather march to Buxton, and so to Derby, and avoid both the Duke's and Marshal Wade's armies and push directly for London. If this last is their scheme, if they are really no stronger than we have been inform'd, it is certainly a very extravagant and desperate one. But, however, I cannot help combining it with the paper Mr Ramsden shew'd me last night, which was seiz'd upon one of the boat's crew that had been on board the ship stranded at Montrose. If that was a march-route, as it has the appearance of it, it tends to point out such a march ; for tho' some of the places deviate out of the high-road, yet that may possibly be reconciled from reasons of convenience of quarters, or finding friends, or other causes material to the march of a rebel army. I collect this from my memory, without having any copy of the paper, and therefore may possibly be mistaken. But should there be anything in it, I presume our reliance must be, for some time, on the troops about London, which I am glad are likely to be a little strengthened by the horse said to have arriv'd in the river. This consideration induces me to submit whether immediate orders ought not to be given for drawing these troops together at some proper place of rendezvous, so as to be properly posted to stop their progress ; and in the meantime to procure some quiet to the minds of people here, and prevent that prodigious alarm and confusion which otherwise would distract this capital and affect all commerce and credit. The measure which the Duke has taken with the Duke of Devonshire, for spoiling the road by Buxton, is undoubtedly prudent and right ; but will, I fear, have but little effect to stop the Highland foot ; and, as there are no regular troops on that side, the Rebels may possibly soon be able to repair the damage (which can be done in so short a time), sufficiently for their light cannon to be drawn thro' those roads. If there be anything in the.se suggestions, they will not have escaped your Grace ; if there is not, you will pardon this trouble from him who is ever [etc.] Hardwicke. THE REBELS AT MANCHESTER 473 Col. the Hon. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 105.] Lichfield, Dec. ist, 1745, Sunday night. Dear Brother, ...The Duke will move to Stafford tomorrow; all the guards are come up and Cobham's dragoons will come in tomorrow, which is the last that are to come. The affair will, I think, now be soon decided. The Rebels are come to Manchester, though without their artillery, and in that position may choose which to attempt, the getting to Wales or London. The latter is what we must endeavour to prevent and I think may, as we shall be nearer Derby than they, which must be their road. Three accounts come in tonight make Marshal Wade at Halifax the 29th, that was Friday, but we have not yet had any accounts directly from him which makes me a little angry with my old master, considering how much depends upon it; if he should be there, the Rebels must move to us or him, or slip away to Wales ; but I think they won't go without measuring swords with us ; the only thing I grudge is the fatiguing the men to run after 'em. I never did wish to fight before, but now I own I do and most heartily ; for then it would soon be over and with the blessing of God joined to our endeavours, I don't doubt, well over. Your famous regiment^ makes (entre nous) a sad ap- pearance but it is, thank God, out of the ist line. I am glad the fate of the nation don't depend on the new raised, for they are very poor. Lord Halifax himself was rather ashamed of them ; I have not seen any of the new Horse. Some people seem to think they will move along the Mercy [Mersey] (which by the by is fordable in 40 places) and get to Wales still ; but I own I doubt it, and think that they have chose a good position at Manchester, though, as Marshal Wade advances, they must move somewhere ; 24 hours will however clear that doubt. I will write to my Lord when I can, though you may think business won't decrease as we approach the Rebels. I expect no rest, nor desire none, till this country is rid of these vermin. I am ever, dear Brother, yours affectionately, J. Y. Col. the Hon. Joseph Yorke to the Lord Chancellor [II. 3, f. 91.] Stakkokd, Dec" ^th, 1745, Wednesday night. Mv L(jRi), We have been in such a constant hurry ever since I had the honour to write to you fnjni Lichfield, that I have not fecund a moment to take pen in hand before now, and short enough at present. ' Probably the regiment of militia raised by the Duke of Bedford in Bedfordshire, p. 456. 474 THE REBELLION Notwithstanding I know your Lordship is thoroughly apprized of everything that passes in our army regularly by H.R.H.'s letters, yet I am willing to acquaint you with my ideas about the situation we are at present in. I imagine by the measures that our leaders have taken till yesterday, they were equally afraid of the Rebels moving into Wales by Chester and to London by Derby; their motion to Man- chester therefore disquieted us on both these accounts, but their succeeding motion towards Macclesfield, Congleton, etc. seem'd as if they intended to attack the head of our corps at that time at Congleton. I take it for granted it was on this last motion that the troops that march'd from Lichfield to this place on Monday, at eleven o'clock at night continued their march with H.R.H, from hence to Stone, at the same time that the corps advanced at Newcastle-under-Lyme, moved backwards to Stone, where the whole body (excepting the new regiments of foot) was encamped yesterday morning, and was in high expectation of coming to action with the Rebels towards noon ; but about 9 o'clock we found the Rebels had taken the Leek road and were marching with all expedition to Ashborn ; this has really put us into some bustle, for tho', had the troops not made so many forc'd marches, I think the best way would have been to have marched and attacked 'em yesterday, whilst they were moving to Leek, yet, as our people had been so extremely harrassed in advancing to sustain the head of the army (which certainly had been push'd on too far for the rear), it was not thought advisable to do anything more than to detach about half our body back to this place last night and to move backwards with the rest, as we have done this morning ; and the body which was here last night is mov'd this morning towards Ousely Bridge, Ridgley and Lichfield. By this confus'd account of our motions your Lordship will see that in endeavouring to keep 'em out of two places at once, we have run a risk of saving neither, or at least exposing the first, in my poor opinion, to be considered, the road to London by the rich town of Derby. As the Rebels are making all the haste they can to Derby, it will be necessary to be considered immediately what methods we may take to put ourselves directly in their way, and prevent their di.stressing more of the country, and hinder if possible the alarm and fright from seizing the rich citizens of London, and support the public credit. In order to do this, I imagine (tho' our Generals perhaps may differ with me), the only effectual way will be to detach all our cavalry, the foot guards, and all the Grenadiers on horseback, and make a forced march across the country towards the Trent and keep them in play, whilst the rest of the army moves after them ; and this will be the better effected, I think, bccau.se General Hawley has joined us today, to whom I would give the command. I am sorry Marshal Wade has been so dilatory in his march westward ; for had he not made 4 days halt at Richmond, he would have prevented all this by coming ADVANCE TO DERBY 475 behind 'em some time ago; and tho' he could not perhaps have reached 'em with his foot, yet his cavalry might have perpetually harrassed and have forc'd 'em into our jaws (which is what they don't relish), and why this has not been done I can't conceive. It has been another misfortune attending us, that this is so little of a corn country that it has been impossible to encamp for want of straw, and covering for so many men is very hard to find, at least at any reasonable distance from one another, but as we cross the country, people here say there is great plenty. I have the pleasure of telling your Lordship after all this, that our men bear their fatigues with great magnanimity and patience ; nor have their spirits as yet fail'd 'em in the least, but they vow revenge to the cursed authors of it. What contributes to keep up their spirits is the presence of the Duke who is justly their darling ; for they see he does whatever the meanest of them does and goes thro' as much fatigue. They have a just contempt of the Enemy they are running after and from the report of the country people, who see the Highlanders, that rather increases than diminishes. I hope our next accounts will be more satisfactory, as I daresay our Generals will take a good resolution now they see what the Rebels certainly mean, and as Marshal Wade approaches 'em every hour. I beg ten thousand pardons for this shocking confus'd scrawl, but we have lay'n upon straw some nights and I am in a hurry to get a little clean, lest I should receive sudden orders to move from hence. I much fear you won't be able to read it, but if out of all this darkness you can get any light, I shall be very happy. I thank God I hold out as well as the best, and the cause is so good that I would do fifty times as much if possible to be of the least service. With my duty to Mama and love etc. 1 have the honour to be your Lordship's ever obliged, dutiful son and servant Joseph Yorke. P.S. Since I wrote the above I find it is resolved to assemble immediately about Northampton for fear the gentry should give us the slip. The footguards will be at Northampton the 9th. Col. the Hon. Joseph Yorke to the Lord Chaficellor [II. 3, f. 93.] Camp at Packington, Dei'' 6th, 1745. My Lord, My patience, as well as that, I believe, of the whole nation, is put to the stretch when one reflects that so many of his Majesty's forces should be in the field, divided into two armies, headed the one by a marshal and the other by tlie Jilood Royal, and should remain so long without coming within reach of these brood of villains....! solemnly declare I would be content (if every- body thought as I do) to touch neither bit nor drop till we had 476 THE REBELLION made an end of the affair which I think might be done in two or three days, but it would be attended with some alarming circum- stances, I am afraid, to people in London. Your Lordship knows, when I had the honour of writing to you last from Stafford, that it had been resolved to move immediately to Northampton to prevent, and get between, the Rebels, if they should continue their march for London which they seemed to threaten and gave out when they marched to Derby. Accordingly, the Duke of Richmond marched with 2 regiments of dragoons etc. to Lichfield and yesterday pursued his march to Coventry. The Duke himself with the foot guards and 2 battalions of foot marched to Lichfield. The rest of the troops were quartered at Birmingham, Sutton Co[ld]field, Abbots Bromley, Coleshill, etc. and 2 battalions remained at Stafford in order to move after us to Lichfield this morning. By this position your Lordship will see our troops were as much separated as they were before the assembling 'em between the 3rd and 4th at night, between Stone and Darlaston Bridge. Yesterday in the evening, finding the Rebels continued still at Derby, I observed our leaders were a little uneasy least the Rebels might by their intelligence be enabled to beat up some of our quarters, at too great distance, most of 'em, to support each other, and the enemy within 9 or 10 miles of some of the places. I own I was not at all suspicious they would attempt it, though within distance ; because I think they don't mean to fight us, if they can avoid it. However, the fear that such a disgrace might befall us made the Generals determine to assemble the troops and encamp in one body near Coventry this night;... but I find that is in some measure altered this morning, for there are but 7 battalions encamped with us here on Meriden Common ; all the horse and dragoons are at Coventry and some of the foot with the artillery. The Rebels are still at Derby which, I fear, throws us out again, because they have still an opening left to get back to Nottingham through Yorkshire (which is what I am mostly afraid of) to their own country ; and should we continue our route for Northampton, which we are at present nearer than them to, we expose Lichfield and this part of the country to their ravages, leave 'em openings either into Wales or Scotland, and do just worse than nothing, for we fatigue our men and distress the country. Now, my Lord, in my humble opinion, the happiest thing for us would be to have them continue their march towards London, where you may assemble force enough to check twice their number, and we follow close at their heels and must infallibly undo 'em ; or if you at the helm don't care to frighten, which 1 know such a march will do, your monied folks, there is nothing left for us to do, if we will fight 'em, but to send General Hawley to 'em with all the dragoons and a grenadier behind each and fix 'em to a point. This will distress 'em extremely, keep 'em always in a constant alarm and force 'em to fight us or throw down their arms. It is RETREAT 477 the highest presumption in me to be talking in such a style, but I assure your Lordship the way we go on in at present is perdition, destroys our men and gives them \i.e. the Rebels] an opportunity of loading themselves with the tasted sweets and golden fields of plenty out of this country, to return in triumph to their barren lands and native country and encrease their force to return upon us with new supplies of strength and spirits. Your Lordship knows better than I do what is become of Marshal Wade, or whether this halt of the Rebels at Derby will be of any service to him towards assisting us. In a common way it should, but what infatuation possesses us all I can't tell, but it vexes my soul to see these locusts spread over the face of the land unpunished. ...In expectation and hopes of better times I beg leave to subscribe myself your Lordship's most obliged, obedient, dutiful son and servant Joseph Yorke. ...P.S. Since writing the above there is intelligence that these Infernals are getting back to Ashburn ; they have levied ^7000 at Derby besides the excise. I am afraid of their getting back. We shall be all at Coventry tomorrow. God knows what our Generals will do next. I wish they'd give me a regiment of Dragoons ; I'd give 'em some account of the Rebels that would be satisfactory.... [Further letters from Lord Glenorchy [H. 102, ff. 47-121] notify the progress of the rebellion. On Dec. 6th he writes that he has 300 men ready to join the royal troops when they arrive.] As the common people in the Highlands have no idea of the laws relating to the militia, they look upon themselves as my Father's men, raised by his order; and the great readiness and cheerfulness with which they assembled gave me a handle for reproaching some of the people of this country, which has had such an effect that they declare they will not be outdone in duty (as they call it) and affection to this family by the other part of the estate, and that they will go with me wherever I please to lead them..,. Ho7i. Philip Yorke to Col. the Hon. Joseph Yorke [H. rs, f. 109.] London, Dec'' the loth, 1745. Dear Jo... The motion of the Rebels to Derby threw us into no small panic here, lest they should give you the slip, as they had done Marshal Wade, and get to London by hasty marches. Our alarm was much increased by the news of a large embarkation at Dunkirk which was intended for the South and, in concert with the Young Pretender, to land near the capital. The same terror, but in a higher degree (as the strength to resist them was less), has spread itself through all parts of the kingdom, and to every great town, on every road, which it was possible for the Rebels to take in their way to London. I ho[:)e their late motions and those of the 478 THE REBELLION Duke have put us out of all danger from these banditti.... Something must be done and perhaps a little out of the common course, as the case is extraordinary, to crush this lingering calamity ; and in that light, what you mention of mounting foot behind horse and on country hacks seems a rational and I hope it is a practical scheme.... You will hear of the Law regiment which Col: Willes put himself at the head of; the story is a very strange and ridiculous one but I have not time to tell it^ The grave and eminent part of the profession are much scandalized at being so exposed.... The Houses met this day and are adjourned till the i8th in order to keep the Fast-.. ..Mr Pitt took occasion from something which dropped from Mr Pelham to declare his dislike to any measure which might be taken to bring over any foreign troops ; he thought nothing but inevitable necessity should force us into it. ...Previous to this debate I must tell you some absurd reflections were thrown out by T. Carew and Heathcote and Lord Strange^ on these voluntary subscriptions ; they were compared by the two former to the Benevolences in Charles the ist's time, and that they opened a door to the infringement of the most sacred privilege of parliament, the power of granting money There is a new rebel army forming in Scotland, amounting to 4000 already, which, unless you make an end of this shortly and prevent their junction, will, I doubt, keep us in play the whole winter Yours very affectionately P. Y. Col. the Ho7i. Joseph Yorke to the Lord Chancellor [H. 6, f. 150.] Macclesfield, Dec"" nth, 1745. My Lord, I was in great hopes when I had the honour of writing to your Lordship from Packington Park that, before I wrote again, we should have been up with the pitiful louzy knitty Rebels, but they never stop. Every man that can get a horse keeps him, and they ride all the way. We marched from Packington to Lichfield, from thence to Chedle and yesterday arrived at this place, thro' as difficult a country as ever cavalry went thro', and the snow froze on the ground made it almost impossible to keep our legs ; but what induced us to make such hasty strides after them was that, as 1 Sir John V^illes (1685-1761), Chief Justice of the Common Pleas, who was to have been Lord Granville's chancellor in February 1746— and who was also disappointed at not getting the Great Seal in 1737 and 1756. He now (December 8th) endeavoured to signalise himself by raising a regiment of lawyers to guard the royal family during the King's absence, but the scheme was much laughed at, and rejected by the King; cf. Hist. A/SS. Cornm., Marquis of Lothian at Blickling, 154. ^ The general fast was ordered for that day. 3 James Smith Stanley, eldest son of the nth earl of Derby, M.P. for Lancashire, commonly, but erroneously, called Lord Strange. DUKE OF CUMBERLAND'S PURSUIT 479 they gave out they should halt at Manchester, we were in great hopes of coming up with their rear at least. We are now in their track, and pick up here and there a private man of 'em, who has lagg'd behind. The main body marched in great confusion yester- day from Manchester at 12 o'clock and have taken the Preston road, the thing I always apprehended. Marshal Wade must now deal with 'em again but I believe the Dutch are a great clog upon him. Our thousand foot volunteers and part of our cavalry will be at Stockport today and we shall be with the whole body of our cavalry at Manchester tomorrow early ; as, I believe, 200 dragoons are ordered there today, I pray to God we may still come up with their rear, for the cruelties they have committed are horrid, and shews what we are all to expect if they succeed. The country people are enraged against 'em to such a degree that if the country gentlemen had had the least grain of spirit to have headed 'em, they would never have come so far, nor I believe never will again. The women all declare in this country that they will never marry for the future but in the army, for they are the only people that have shew'd their heads and offer'd to protect them in this time of distress. The country people rose yesterday to hinder the Rebels from passing the Mercy [Mersey] at Chedle Ford which obliged 'em to take another road and scramble over at, and above, Stockport. The Pretender had, I believe, some that were not his enemies as well as many friends, but this proceeding has made the King many friends. If I had a shilling for every blessing I get in these counties, I should have a very good estate. With the greatest expectation of coming up with the rear of these rascals I have the honour [etc.] Joseph Yorke. My duty to Mama with all the Compliments expected. Excuse the hurry and absurdity of this scrawl, but we are very busy in our preparations to pursue. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 152.] Macclesfield, Dec'' iith, 1745. My Lord, Tho' I wrote, or rather scribbled, from this place yesterday, yet, as there is a messenger just going to London, I did not care to lose any opportunity of obeying your Lordship's commands. The Rebels continue their retreat from this country, with the utmost expedition and not in such order and spirits as they came. They leave in all places they pass thro' great numbers of their arms, as well broad swords and targets as fire arms, a mark that 48o THE REBELLION they are willing to return as little encumber'd as they can, and that the arms, particularly their firelocks, were not worth the carriage, and indeed, I never saw such miserable implements in my life, things that they have collected out of the halls of ancient families, but which are quite useless at present. Your Lordship will know by this express the resolutions His Royal Highness and Marshal Wade have taken in consequence of this confused retreat of the Rebels. We shall be, I hope, tomorrow night as far advanced as Wigan, and as the Rebels proposed halting today at Preston, we shall soon, I fancy, make 'em sensible of our being in their neighbourhood, and as Marshal Wade has detached Major General Oglethorpe with part of his cavalry, we shall together make a formidable corps of horse. About i/oo foot will be advanced tomorrow to Manchester, to support us in case we stand in need of it ; they are composed of Bligh's battalion from Chester, 500 volunteers of the foot guards and 500 volunteers of the other regiments. I can't help saying that the project pleases me and raises my spirits extremely, because I am of opinion and have always been so, that this was the only sensible way of distressing the Rebels, and had it sooner been fallen into, it would not have been the worse. However I have great hopes that it is not yet too late to execute this scheme with success, which will be of the utmost importance to us hereafter. As Marshal Wade is on the return back, I flatter myself he will be able to post himself in such a manner with his army as to cut off all hopes of retreat from this band of vagabonds, who are ripe already for a mutiny against their chiefs, and are going home with heavy hearts, tho' light heels. The Ladies who attended the Pretender on their route backwards have never ceased weeping that their golden dreams were likely to vanish into thin air ; the common cry of the men is that they are betrayed, and have brought their Prince far enough, and therefore will stay no longer. If the good wishes of the poor country people and their prayers will avail anything, we have a great chance of succeeding ; for never were people more hearty in any cause than they are in ours, and I don't doubt will be of infinite service to us in our expedition ; for they already have had some smart skirmishes with the Rebels on their return these three days past, and no doubt will do more when they see themselves back'd by the King's troops. Capt. Gansel with the Hussars are at Wigan tonight as well as Major General Oglethorpe. I hope in God we shall soon see a happy end of these troubles to the glory of his Majesty's arms, and the utter extirpation of all his enemies. With my best wishes for your Lordship's health [etc.] Joseph Yorke. H.R.H,, who passes thro' the room, orders me to make his compliments to your Lordship.... ALARMS OF AN INVASION 481 Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 154.] Powis House, Dec itth, 1745. Dear Joe, I have been concerned that I have not been able to find time to thank you for your letters, which I have taken very kindly. 1 was glad your last was from so good quarters as my Lord Guernsey's\ but don't wonder your patience is almost worn out. Sure I am, mine is nearly so under this severe trial. Our alarms in London, when the rebels slipt by you to Ashburn and Derby, were prodigious, everybody thinking of arming, drawing troops together, of which we have here certainly too few, and hast'ning up your army to us. The Duke certainly made wonderful expedition, and to that I presume it is in great measure owing, that the rebels returned back with precipitation. And now we are as full of fears that they will get back to Scotland unchastised, and join that growing army of rebels in the North. This morning early we were alarmed with an express from Seaford, that the French were actually landing in Pevensey Bay, in Sussex, which was soon spread over the whole town, and in a few hours after it was positively contradicted. But there is strong intelligence from Admiral Vernon of great preparations at Dunkirk ready to sail. This has occasioned the present messenger to his Royal Highness which brings you this letter. I believe the orders will be to strengthen Marshal Wade by a proper detachment, and march up the rest of your army towards London, in order to be a portee against an invasion, which is too reasonably apprehended. The opinion which prevails here is that your pursuit of the rebel army is vain. That even your advanced party of horse, dragoons and mounted foot, can never come up with them and that that service must be left to Marshal Wade to cross upon them, if he is not got down too low. Some people have also had their fears what might be the consequences if you should get too near them, out of reach of being supported by your infantry. These are things which I don't understand, and I daresay your leaders have deliberated and considered in the best manner ; but it gives inexpressible vexation that they should thus run backwards and forwards at their pleasure, in spite of two considerable armies that are watching them. The great point is, we have two great dangers to guard ' Packington Park near Coventry. Y. 31 482 THE REBELLION against — a rebellion at home, an invasion from abroad. Our force is unfortunately hardly sufficient for both. The question is, how to apply and divide it in such a manner as may be most useful to both objects, for I think neither must be neglected. The orders which will come by this express will determine that point. The rest of the Cavalry from Flanders have been sent for some time, but the transports were unluckily detained on this side the water by contrary winds. Besides them, I think we must have more. I rejoice that you are in such good health and spirits and pray God to continue them. Gaiety of spirits is an excellent thing ; but as you know I love you, you will bear one word of advice to forbear levities in your letters on this subject. Pray lay me at H.R. High- ness's feet with my humble duty and best wishes for his safety and success.... May God bless you.... Your most affectionate Father Hardwicke. Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 156.] Council Chamber, Whitehall, Dec. i^th, 1745. Dear Joe, I have just time to thank you for your letter which is an excellent one, and has been read to the Lords of the Cabinet, who much approved of it. This messenger brings the King's approbation of the Duke's conduct and leaves him at full liberty to continue his pursuit according to circumstances and his own judgment thereupon. The alarms of an invasion intended from Dunkirk continue ; but I hope we are prepared for them, and news is just now come that two of our privateers have taken three of their transports, who were going to Dunkirk, and brought them into Dover. Lay me at His R. Highness's feet with my humble duty and thanks for his kind remembrance of me. He has my most sincere and warmest wishes for his success. My heart is in the cause, and I heartily pray he may have the glory of doing it... Your most affectionate Father Hardwicke. THE PURSUIT STOPPED 483 Col. the Hon. Joseph Yorke to the Lord Chaficellor [H. 6, f. 157.] Preston, Dec i-)tk, 1745, Stmday. My Lord, Whatever levities' I may have expressed in former letters to your Lordship on the subject of this but too serious affair, I am very heartily sorry for 'em, and I must take the liberty to say that the stopping short this day in our pursuit gives me ideas very different from light. Your Lordship ordered me to write as soon as I could, or otherwise my spirits are so depressed with our stop that I should not have chose to write to anyone ; for I am really quite sick at my stomach and heart with the misfortune. The rebels have fled before us in the utmost consternation thus far, and I am convinced in my own mind 24 hours more would have decided this affair. Their horses are [so] fatigued that they can do no more, our men in high spirits, and the country all up ready to join us and assist us against the rebels, now they saw themselves supported by the King's troops. What the consequences of our returning may be, God only knows. The spirits of the soldiery and the poor country must be depressed. They may wait quietly at Carlisle for their reinforcements, refresh their people, put new life into 'em, ruin the bordering counties, and in a little while advance with fresh vigour and fury into the bowels of the land, in spite of all that Marshal Wade's army can do against 'em : whereas, had we pushed on our advantages, and put an end to this body, the French would never have returned into the island; or if they did, we should have had more than sufficient force to withstand 'em. This may appear foolish talk to people not upon the spot ; but I am thoroughly convinced if your Lordship was here, you could not help seeing it in as strong a light as I do. We have lost our opportunity, and I dread only to think of the consequences. There are great dissensions amongst the rebel chiefs, which goes almost to the point of fighting with one another, but this step of our's must revive 'em. For my own part, it is my duty and my most hearty inclination to lay down my life in the cause I am engaged in ; all that concerns me is that I shan't have an oppor- tunity of having my revenge on those destroyers of our peace. I beg your Lordship to forgive the foolish sallies of my warmth ; I am cool to those who are not proper people to talk to in such a strain ; but if you will consider how an honest man, who had his foot in the stirru[) to mount and pursue these villains, must feel on this occasion, you will, I flatter myself, plead my excuse yourself... I am, [etc.] JosErii Yorke. I beg my duty to Mama. ^ See p. 482. 31 — 2 484 THE REBELLION I have some suspicion that if the Duke sets out for London immediately, he will ride post all the way; I am determined to follow him as far as I am able. We have taken a captain and a cadet, besides private men. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 159.] Preston, Dec. 16th, 1745. My Lord, Your Lordship's most obliging letter from the Council Chamber is just delivered me, and made some, tho' not entirely, amends for the terrible order of yesterday ; for tho' I am in some fear the rebels, by our halt of yesterday, will get the start of us entirely, (except that they should happen to have a very good spy who should have given them intelligence of our resolutions, and in consideration of their violent fatigues they should think proper to repose themselves,) yet at all events we shall protect the country, strike a greater panic and, I hope, make them quite sick of the thing. General Oglethorpe was at Lancaster yesterday, and has orders to push up to 'em as close as he can. The irregulars lay very close to the enemy last night, and I expect every hour to hear something new from that quarter. If Marshal Wade would but make a proper use of all this time, they would have a good chance of never seeing Scotland again. I must beg pardon again for my last letter, but I was really distracted. They sound to horse, so I have only just time to subscribe myself [etc.] Joseph Yorke. My humble duty to Mama. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 161.] Penrith, Dec'' igth, 1745, Thursday. My Lord, The last night was so busy a one that I had not time to write a line when H.R.H, dispatched the express; besides, not knowing what the morning might produce, I thought it needless to write till all was over. Your Lordship knows the orders we received in the prosecution of this scheme, so that it seemed almost unlikely that we should come up with the Rebels before they reached their own country ; however, the consequence of protecting the country they were to pass thro' on their return, and continuing the panic they had got amongst them was too great to be at all neglected. Accordingly, H.R.H. marched the very instant he received the order to Lancaster, FIGHT AT CLIFTON 485 which the Rebels had left the morning before, the next day to Kendal where they had stayed till late of Thursday morning, imagining that we were stopped by order according to the Intelli- gence they received, and yesterday morning pursued his march for this place, where we heard the Rebels still were. General Oglethorpe, with the corps from Marshal Wade's army, which was advanced before us, had orders to cut off the retreat of the rear-guard, which was obliged to stop that night at Shap on account of the baggage and part of the artillery, which could not get thro' to this place on account of the badness of the roads, which lays all the way over barren mountains; but by what... accident... I know not.,.^ the affair was neglected, and gave us more trouble as the sequel will shew. That rear-guard was commanded by Lord George Murray, and consisted of between six and seven hundred men. When we had passed the village of Shap, which is about 5 long miles from Penrith, intelligence was brought to the Duke, that our advanced party of 50 dragoons had come up with the rebel rear-guard, and kept 'em at bay, whilst the hussars and light troops of both sides were pickering- with one another, and that the main body of the Rebels were still at this place. On receipt of this news we hastened our march forward, and when we came to Lord Lonsdale's park wall, of Lowther Hall, we found that 150 of the Rebels had been there to search for horses and threatening to burn the house, who, upon our approach, retired to Clifton. When we were advanced within half a quarter of a mile of the little village of Clifton, we saw the Enemy were in possession of it, and intended to make a stand there. I can't say it gave me so much pleasure as it would have done in the morning, because it was then after 3 in the afternoon ; we had a long night before us and but 120 foot up with us who were likewise in the rear of all ; however something it was necessary to do, and that speedily and vigorously. The cavalry were therefore formed immediately on the rising ground above the village which is called Clifton Fell (or common) and about 500 dragoons ordered to dismount and attack the village. By this time it was dark or getting near it — (for had not the moon favoured us a little it would have been worse), which was what I dreaded, knowing how they had served Cope, and being entirely ignorant whether they intended to bring on a general affair there or only to amuse us with some of their chosen men whilst the rest made off for Carlisle. Our dragoons moved forward in two bodies to attack the village, which consisted of one street with poor houses and all enclosures about made with dry stone walls and thick hedges, which served them for parapets, and which they had lined very thick with infantry. On our men approaching, they gave a smart fire which put some of the right of inland's into a little disorder, and exposed their officers to the fury of some of the most desperate, who, i Words obliterated, probahly expressions reflecting on the general's supposed Jacobitism. See above, p 465 w. * Skirmishing. 486 THE REBELLION leaping over the walls, fell upon them with their swords, and howling as they do, crying out, Murder 'em, no Quarter. Poor Phil Honeywood got 4 cuts upon his unlucky noddle but none dangerous ; however, the rest of Bland's with Cobham's and Mark Kerr's, behaving like heroes, forced 'em back with loss, followed as close as order would permit 'em, and in about an hour's time dislodg'd 'em from the village, and we posted ourselves in it. In the meanwhile care was taken that they should not take us in flank, by the advantage of the stone walls which we had on each side of our cavalry. Oglethorpe's body was in the interim ordered another way round the village to cut off their retreat, if they were but a small body ; but he came up only with a party of 'em who gave him one fire and then quitted their posts at Eimoth [Eamont] Bridge, about a mile out of the village, which he immediately took possession of As it was so late and the way very much enclosed, it was thought proper to lie out formed on that common all night, and to push patroles towards Penrith to take possession of it, in case the Rebels quitted it ; for the country between Clifton and this is almost impracticable for cavalry, and our foot was not to be up till this day. The Rebels with whom we had engaged, who consisted of 1000 men, fled with the utmost precipitation, throwing away their arms and targets, to their main body, who, as they went out, said they were betrayed, that all the army was come up and they should all be cut to pieces. We have taken 2 or 3 officers and about 70 or 80 private and volunteers ; and as we have people out with the men of the country in pursuit of 'em, we expect more in every hour. They had but few men killed ; for, as it was dark and they had the advantage of the walls and hedges and their dirty dress into the bargain, they could not be distinguished from the hedges but by the flash of their firelocks ; whereas our men being tall and cross buff belts made them easier perceived. Our loss, I reckon, is between 20 and 30 killed and wounded and about 5 or 6 officers wounded, but not above one mortally. We past a terrible wet night on the Common, with no provision and very little forage, so that refreshment to our men and horses will be very necessary. I don't imagine the Rebels will stop at Carlisle in the fright they seem to be in, so that we shall hardly, I fear, reach them again. If we do, this is a good beginning ; if we don't, it is a great thing considering its consequences and what a risk we run in the night. It is amazing how strong a post they so shamefully abandoned, for had they done their duty, 10,000 would not have found it very easy to have dislodged 1000 from it. I don't know whether we march tomorrow or not, but I suppose your Lordship will know from the Duke. Thank God ! I escaped, as I have hitherto done, with the utmost good fortune for which I am always thankful. Excuse the SIEGE OF CARLISLE 487 incorrectness of this account but my head is a little confused, and my spirits a good deal flustered with the hurry we have been in, and the agitation of mind for fear of accidents. I have the honour, [etc.] Joseph Yorke. ...Our arrival saved this town which they were going to burn. The Duke's running footman, foolishly straggling before us yesterday, was picked up by the Rebels and carried off in great triumph. Penrith, Friday tnorn: Dec'' loth, 1745. P.S. The Duke not despatching an express last night, my letter could not go from hence. The news this morning is that the waters are so swelled the Rebels cannot get beyond Carlisle, that they have taken all their cannon up into the Castle, and were greatly alarmed all the last night and had lined all the hedges for our reception. They had sent out parties to reconnoitre of the Scotch side, but were afraid they could not pass ; I daresay they will if they can. If they can't, I believe they'll stare when they hear our Whitehaven 18 pounders speak to 'em. Our foot are up with us, and we shall have 1000 men more from Hexham of Marshal Wade's. J.Y. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 166.] From before Carlisle, Dec"" 24M, 1745. My Lord, I gave your Lordship in my last an account of our skirmish at Clifton Moor, since which we have been so busy that I have not had an opportunity of writing. Your Lordship knows before this from H.R.H. the circumstances of our march here, and the retreat of the Rebels from this place, with only 3 pieces of cannon and very little baggage. However, they have forced a few desperate wretches (amongst which are all their English recruits) to stay in the town and castle of Carlisle, to keep us in play whilst the main body got clear off, imagining that our intent was to pursue them further than the Borders. The garrison consists, I believe, of about 5 or 600 men, com- manded by one Hamilton ; and as we have yet been able to do nothing against them but investing the place that nothing may escape, they may be said to have held out. H.R.H. does not think fit to summon them, because he is for giving no quarter; and therefore chooses to wait patiently in a vile cantonment till everything is prepared to attack 'em. We have got up some of the cannon from Whitehaven and have procured some miners 488 THE REBELLION from the collieries hereabouts so that I hope our battery will be ready to open tomorrow, and that a very few days will make us masters of the place. We have many inconveniences to struggle with, the wetness of the season, which makes it difficult to raise the earth, the badness of the ways for conveying the artillery, the want of engineers, ammunition, etc. and yet, in spite of all these, I believe we shall soon put an end to it. The resistance the town is able to make now, shews how infamously it was surrendered on the Rebels' approach, who certainly would never have been able to take it at all if the people had done their duty. I am inclined to think the present garrison would be glad to capitulate on terms, but that is not thought advisable. Our attacks, 1 imagine, will be three; — to undermine and blow up the great battery which commands the Stanwix Bank; a battery to the Citadel to draw the attention that way, and pitch barrels to burn the Irish gate ; and then slaughter will do his work. I shall not be sorry when it is over, for we are miserably off now, in worse villages than ever I almost saw in the mountains in Germany, but as the Duke is as ill off as other people, nobody can repine. The garrison has fired at us ever since we came but without doing any execution. They did their best to hit H.R.H., who reconnoitred close to the place but without success ; may the same good Providence always attend him for the sake of this country. I write from so dreary a hole that I am afraid my letter will be unintelligible, but if it serves to convey my duty to your Lordship with the Compliments of the Season I am satisfied. 1 have the Honour [etc.] Joseph Yorke.... [In a subsequent letter of December 28 (f 168) he describes the progress of the siege. The last accounts of the enemy report them at Glasgow, about 4000 in number.] Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 170.] Powis House, Deer. iSth, 1745. Dear Joe, Since my last, I have four of your's to thank you for.... The occasion of my not writing has been the incessant hurry I have lived in ever since, from the business of my office at the conclusion of the seals mixed with perpetual attendances upon public affairs, which engrossed all my time except two days, which were worse employed by an indisposition ; but that, I thank God, is gone off. EXPLANATION OF THE STOP 489 Yours of the i6th^ gave me some uneasiness, but I have shown it nobody else. The Duke's of the same date gave a more general one to the King's servants, because it was apprehended that the affair of the halt or stop (as it is called) was, for want of a full explanation of all circumstances at such a distance, not taken quite in a right light. The true state of the matter is this. The report of the French landing in Pevensey Bay had no weight in it; for that was contradicted in three hours after it came ; but the King's intelligence of an intended invasion, and of the preparations for it immediately to be put in execution, were at that time strong and undoubted from all quarters. The number of forces from 12000 to 15000 men ; the general officers, and the particular corps assigned for that service, specified nomhiatim. The Due de Richelieu was come down to Dunkirk with the Pretender's second son ; their transports and barks were in readiness ; we had but few ships in the Downs ; and had it not been for the accidental dispersion and driving many of the enemy's transports and barks on shore near Calais, the enterprize had probably been executed before now. Near this capital, the heart, we had not then quite 6000 men, and many of those new raised and raw. These circum- stances, joined together with the retreat of the Rebels out of England, made the King desirous to have his best troops in the place where the greatest danger appeared, and the most fatal stroke might be struck. It was His Majesty's own original opinion ; and he was also desirous to have his son near his person in such an exigence — who is his Captain General, and upon whom he had the greatest reliance. But all these considerations put together did not prevail to order His R. Highness to come back till his own letter from Macclesfield (of the nth inst. I think it was) came that evening, wherein it was said that he intended to leave a few troops in Manchester, and then all the rest of that army would be about Lichfield and Coventry. I don't remember the words of that letter, but from thence it was understood by everybody that His R.H. had given over his pursuit; and thereupon the King finally determined to send the orders for his return to London. The messenger, who carried those letters, set out about two o'clock on the Friday morning ; on Saturday the 14th, in the forenoon, the Duke's letter of the 12th from Macclesfield arrived, which brought me yours of the same date. As by H.R.H.'s letter it appeared that, upon the circumstances tiien existing, he had 1 See p. 483. 490 THE REBELLION very prudently taken the resolution to continue his pursuit, another messenger was despatched by three in the afternoon, to leave him at full liberty, notwithstanding the former orders. If any time was lost by this, it was unlucky ; but it could be only a very few hours; and if (as you say in yours of the 19th) the Rebels had intelligence of your halt and that you were returning back, and therefore they staid the longer at Kendal, your re- suming your pursuit early on the Monday morning might be a surprize upon them, and then I should think no time was lost at all. Besides this, your Foot did not make any halt and they were not come up with you at Clifton, nor did come up till the 19th at Penrith. In what I now write I am not defending a particular opinion of my own ; but am willing to let you know the state of the case in the light wherein it appears here, because I have been told that very strong letters are writ from your Army on this subject. No set of men in the world can possibly be more zealous and in earnest for suppressing the present Rebellion and for the support of his Majesty and his Family than the King's present servants, nor can, I am sure, be more sincerely attached and devoted to H.R.Highness's service and glory. Everybody here is fully convinced that the Duke has conducted his pursuit with great judgment and magnanimity and much for the King's service and the preservation of the country, amidst a thousand hardships which he has undergone. The affair of Clifton succeeded extremely well, and it is wonderful, considering the disadvantage of numbers and the dark, our troops were able to do so much, especially as the Rebels had so strong a post. Your account contains the most particulars of any I have seen. I am sorry for our friend Col: Honeywood and hope he is in no danger. Give my compliments and best wishes to him. I hope Carlisle will soon fall into the Duke's hands, but cannot but wish there had been a possibility of his being better provided for a siege. The gunners are, I hope, before now come up from Marshal Wade ; and I am told there is a good engineer at Berwick who may be had. It gives us the utmost concern to hear that the rebels aimed at the Duke, particularly when he reconnoitred. Personal considera- tions, I know, never weigh with him ; but it is the ardent wish and entreaty of all his faithful servants that he would not expose his person unnecessarily. Carlisle is not an object worth such a hazard. That should be reserved for some greater and more glorious INTERCEPTED LETTERS 491 attempt A storm, too, may produce the loss of many brave men from a parcel of desperadoes ; and if they would surrender at discretion or in some other way, not unworthy the King's honour, might it not be the most eligible as well as speediest end ? Your mother and all your friends here rejoice in your escape hitherto, but pity the hardships you undergo, I pray God preserve you in health and safet)-, that we may have a happy meeting. The rigour and inclemency of the season make us uneasy on that head, but take the best care you can to avoid sickness. The French preparations still continue on the coast ; but it grows more uncertain whether intended for these parts or Scotland, tho' I cannot believe that they intend to send the Due de Richelieu, a favourite of the Court, and so great a number of generals and troops to the latter.... Your most affectionate Father, Hardwicke. Lord Chancellor to the Djike of Nezvcastle [N. ^o, f. 466.] Powis House, Dec"" •Kjth, 1745, at night. My Dear Lord, A thought has come into my head which possibly may be mere refinement, and yet may possibly deserve a little attention in future instances, if not in the present. Your Grace said the King had found today, in Bernstorf's^ and Scheffer's- intercepted letters, strong intelligence of the designs of France to push the Invasion. In reflecting upon this, it occurr'd to me that some part of that intercepted correspondence was taken long ago on board the Dutch fishing boat, with the English mails. France therefore cannot be ignorant that the King has some method of coming at that correspondence, and copying the letters ; and yet, in all this length of time we have not heard of any complaint made of it, either in the Empire or elsewhere, nor any clamour made of a breach of the public faith of the post as was apprehended. Is it not therefore possible that France may give it a turn of another kind viz. to make use of this correspondence as a channel of intelligence to amuse and mislead the King in some instances, by giving false or exaggerated accounts of things } Such schemes have been practised by politicians, and it is not to be bclicv'd 1 Jean Hartwig Ernest, Count Bemstorf (1712-1772), the Danish Minister of State. 2 Baron Carl Fredrik Scheffer, Swedish Minister at Paris. 492 THE REBELLION but France would make some use of the discovery she must have made.... I have but one word more, and I wish I had thought of it sooner. Might it not be of some use to the Duke to send Durand^ down to him ? As he knows the inside of Carlisle perfectly well, it is possible he might give material lights for any attack from without. I am [etc.] Hardwicke. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 177.] From before Carlisle, Dec^ ioth, 1745, Monday night. My Lord, As his Royal Highness is just dispatching an express to London with an account of the surrender of the Rebels in Carlisle, I take the opportunity of laying myself at your Lordship's feet to congratulate you on this country's being once more free from such cursed visitors. I could have wished my Royal Master had had the honour of quite extinguishing them, but I must do him the justice to say that no other person in the Kingdom but himself could have smoothed so many difficulties, and have led the troops on with so much spirit even to this point ; for in the way things were going on, we should not have seen so soon an end of it in England as we have ; but as affairs for Scotland are settled, I hope an end will soon be put to it there, and then our hands and hearts will all be free for our old enemy France. On the first discharge from our battery at break of day this morning, the Rebels hung out two white flags and beat the Chamade at the English gate, desiring to parley. On approach of some of our people at the advanced guard, they sent a message to H.R.H., desiring an exchange of hostages to capitulate, to which H.R.H. returned answer, " That he should make no exchange of hostages with Rebels, but he desired they would acquaint him what they meant in hanging out the White Flag" ; to which they replied, " They desired to know what terms H.R.H. would grant them." He sent them word back, " He had no power to treat with them ; they must surrender at discretion, or the batteries should open again in a quarter of an hour," but, after the day spent in parleying backwards and forwards, they surrendered at discretion, and our troops have taken possession of the town accordingly. H.R.H. has ordered 'em all to be disarmed immediately and made prisoners, and will go himself into the town tomorrow morning to regulate everything that may be wanting for the 1 Colonel Durand, Governor of Carlisle, who had escaped on the capture of the town by the rebels. CAPTURE OF CARLISLE 493 future defence of the place before he sets out for London. I don't yet know the numbers, so am not able to send your Lordship an account of 'em yet. Last night an Irish-French officer, that is with 'em, sent a letter by a servant out of the town desiring to know on what terms he was, since Dutch troops were employed in the siege^, and signed himself as left by the French minister commandant of the French garrison there, and to be sent there. No answer was sent him last night and the messenger was made prisoner ; but this morning H.R.H. in answering the Rebels, sent a written message to the French officer saying, " That there were no Dutch troops here but enough of the King's forces to chastise Rebels and all who dared to give them any assistance." ...The messenger waits, so must conclude this strange scrawl.... I have the honour [etc.] Joseph Yorke. My humble duty to Mama who, I suppose, is now as much scared with the Invasion as she was with the entry of the Rebels into England. If they come, with the blessing of God, I make no doubt we shall make 'em soon sick of this country. Love and Compliments of the New Year to my brothers, sisters and friends. [He announces his arrival at Holyrood House in a letter dated Jan. 30, 1746 (f 179).] [H. 102, f. 72.] [On Jan. loth, 1746, Lord Glenorchy informs the Chancellor that he has raised nearly 400 men from Argyllshire, but that he is prevented from doing more by the return of the rebels from England. The enemy had lost several men by desertion,] and some of them said they deserted on hearing Lord Breadalbane's men were in arms ; for neither their predecessors, nor they them- selves, ever had, or ever would fight against them, and that many had taken the same resolution. This must appear very odd to your Lordship, but the connections and dependencies amongst the Highlanders are very strong and difficult to break, and indeed may be sometimes dangerous, tho' in this circumstance it happens to be otherwise. [The same month the rebels are again in possession of his estates and Lord Glenorchy himself once more obliged to retire to Inverary.] Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 181.] Camp of P'alkirk, Feb. ist, 1746, Saturday night. My Lord, I thought this night to have wrote your Lordship an account of a victory, but these victorious Rebels would not stay to fight us, but are retired cross the Forth. By H.R.H.'s orders 1 See note, p. 455 n. 494 THE REBELLION I drew up an account to the Lord Justice Clerk\ which is as full of particulars as I could make it, and to that I must beg leave to refer your Lordship, as a copy of it will go by this express to the D. of Newcastle. I never saw the troops promise more than their appearance did this day and I am thoroughly convinced they will do as well as I wish 'em, but all the glory is reserved for our Stator Reipublicae ; may Heaven preserve his life ! If I can find time I will be longer in my letters, but we have little rest, as your Lordship will easily believe, and indeed no beds to get it upon if we had time, I am clothed so as to make me look fat, with 2 flannel waistcoats, 2 pairs of woollen stockings, and a brandy bottle, by General Huske's orders, in my pocket for critical occasions. We shall march early for Stirling. I have no more time than just to subscribe myself, My duty to Mama and your dutiful son, love etc. Joseph Yorke. When Glengary- died, a 1000 McDonalds went ofif at once. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 183.] Stirling, Feb. 3'^, 1746. My Lord, After the strange scraps of paper I have 'till this time troubled your Lordship with, 'tis more than proper I should send something that bears the face of a letter; but the function of secretary, which I unworthily filled till this night, (Sir Everard Fawkner^ being just arrived), took up my whole time, that I had hardly time to say I was well. However, as that employment is no more mine, I shall endeavour to be more exact in my corre- spondence for the future. Nobody can say H.R.H. made more haste than good speed into this country ; his presence was become absolutely necessary, as well from the whole people calling out for him, as from the new life he was able by his personal appearance to restore to his ^ Andrew Fletcher, Lord Milton. 2 Aeneas Macdonnell, second son of John Macdonnell of Glengarry and leader in the rebel army of the men of Glengarry, was accidentally killed the day after the battle of Falkirk by a soldier of the Clanranald regiment, whose death was demanded and obtained by the Macdonnells. A large desertion of the Macdonnells, however, took place. A. Lang, Hist, of Scotland, iv. 496; A. Mackenzie, Hist, of the Macdonalds, 353. 3 Sir Everard Fawkener (1684-1758), the friend of Voltaire, originally a London mercer, was sent ambassador to Constantinople in 1735 and knighted. He became subsequently secretary to the Duke of Cumberland, and at the end of the campaign in Flanders, joint Postmaster-General. He married in 1747 Harriet, natural daughter of General Charles Churchill, born in 1726. See Lord Lovat's joke at his expense below, P- 583- RELIEF OF STIRLING 495 Majesty's affairs in this Kingdom. The ev^ent has indeed fully proved what I say, for his very name carried such terror with it amongst the Rebels, that they declared they had rather meet any General the King had, with 20,(X)0 men, than H.R.H. with as many hundreds. When we marched from Edinburgh nobody thought, I believe, that the relief of this important place would cost us so little trouble ; for my own part, I had not the least doubt of our men, whose rage at themselves for their unaccountable behaviour at Falkirk is not easy to be described, tho' by the behaviour of the Rebels since, it is pretty evident the affair was not in their favour; and many sensible ofificers are of opinion, that had we stayed in our camp that night, the Rebels would never more have been heard of; but circumstances appear differently to different people. When we were at Lithgow I was fully persuaded the Rebels intended to stand another affair with us, and had prepared myself accordingly ; and was never more surprised than to find they had fled from Falkirk, and on advancing further, that they had all got on the other side of the Firth. It is a great misfortune for us that we had not a bridge to pass the river that we might have marched this day, but the engineers flatter us that we may be able to get over tomorrow. I am sure no time is to be lost ; for by all the accounts I have picked up, their manner since they crossed the river is very confused, saving themselves in the hills as fast as they can, in small parties of 20 and 30, and I can't find that above 13 or 1400 kept in a body to Perth. The Pretender's son himself was two miles further on the westward of Perth and a good deal out of order, and I can't say I wonder at it. I should hope that we were on the brink of putting an entire end to this bad affair, in my opinioh, as amazingly as it began. If we move tomorrow, it will be to Dumblain, and the day after to Perth from whence we shall be able to form a judgment of the whole affair, but it is my firm belief that it is all over with 'em. The attempts they made on Stirling Castle were absurd ; for it was absolutely out of their power to take it without the Castle wanted provisions, and General Blakeney^ had just enough for ten days when we relieved him. The battery which they raised, and raised so many fears in London, was a bugbear ; for it was so commanded that the garrison could pick out the men in the works, and our gunners fired so well that the battery, which opened its mouth at \ past five in the morning, never spoke again after ten; for the guns were battered so much that they were rendered entirely useless. The King owes the safety of this part of the Kingdom to the two castles of Edinburgh and this, and the Governors, in my opinion, should not be forgot. 1 William Blakeney (1672-1761), a fine old soldier who had served through the Marlborough campaigns and in the Carthagena expedition in 1741. He was made Major-General and Lieutenant-Governor of Stirling Castle in 1744, where he did good service in keeping the rebels engaged. lie afterwards made himself famous by his celebrated, though unsuccessful, defence of Minorca. lie was then created K.B. and Lord Blakeney in the Irish Peerage. 496 THE REBELLION I hardly dare say anything of the country for fear you should chide ; but the answer I made to a noble Lord who ask'd me if I found Scotland so bad a country as I imagined, shall serve for my description, "Yes, my Lord, and infinitely worse." ...I am, [etc.] Joseph Yorke. My humble duty to Mama whose spirits, I hope, rise in pro- portion as her poor son goes further north. Crief, Feby ^th, 1746. P.S. As I imagined, it has turned out, that no express would go, and I should add a postscript before I should be able to dispatch my letter. We marched yesterday, my Lord, to Dumblain, this day hither and shall reach Perth tomorrow. The Rebels yesterday, by all I can learn, separated at Perth (that is the remaining body of 'em) and went North, East and West. The Pretender's son went, I believe, northward with the Clans, Lord J. Drummond towards Montrose with the remains of his French crew, and Lord George Murray to the East. They have told this Country they shall join again and with a reinforcement come down again, but I flatter myself we shall now be able to keep it under ; the only difficulty will be subsistence, which is bare already, but w^hen beyond Perth will be much worse, for they have destroyed all they could in their flight. However, tomorrow we shall be able to judge better and with greater certainty. Our dragoons are now at free quarters in Drummond Castle, just by this place, where the old Duchess of Perth is and will, I believe, be sent to Edinburgh Castle. Give me leave to congratulate your Lordship on H.R.H.'s surprising success hitherto, which must have exceeded the most sanguine expectations. May all he attempts be always attended with as much glory to himself, and good to this country as this past has been ! Every step we take here grows worse and worse, and ever since we left Stirling we have gone up hill, and I see nothing but snowy mountains above us. I shall from writing to your Lordship retire to my straw and there grumble till the drum wakes me. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 185.] Perth, Feb. 9,th, 1746. My Lord, When I wrote last, it was from Crief, intending to march to Perth the next morning, in pursuit of those villains who are the authors of so many calamities as are every day rising against all Europe. The want of several necessaries has obliged us to stop here ever since, but I hope soon we shall be able to move forward DUKE OF CUMBERLAND REACHES PERTH 497 and extirpate the race if we are not stopt by lenity, as has been the case on former occasions ; and since by the accounts in the Gazettes we don't seem likely to have a chance for making a figure in Flanders, I hope we may not be deprived of the power to revenge the nation on the beggarly wretches, who have drawn all these misfortunes upon us. When the Rebels went from Crief, as your Lordship, I take it for granted, knows, they divided ; and if you could believe the Jacobites, with an intention to join again with fresh supplies of strength: this they give out, as in the year 171 5, in order to deter his Majesty's servants from putting vigorous measures in execution, thro' fear, as they say, that the Rebels, when they come down again (which they would absurdly and wickedly persuade us is as easy as to walk cross a room), should make reprisals on the well-affected people ; and by those arguments would endeavour to save their rebellious relations ; for everybody in this country on these occasions are nearly related to each other, and are glad to save one another for fresh occasions. But in talking seriously, what can be more absurd than to imagine that these people, who have fled before us in separate bodies, shall be able in a moment to reinforce them- selves considerably, cut to pieces Lord Loudoun and the President^, join and outwit the King's army and all his Generals, and give 'em the slip, if not destroy 'em; and yet, my Lord, this is the common language amongst the people here, who in their own country may be honest, but in any other I know what they would be called. For my own part, 1 think it a degree of cowardice below anyone that styles himself the King's faithful subject, to suggest a thought that there is any danger in irritating these people for fear of conse- quences, where they are backed with an army headed by a Prince of the Blood. All 1 would mean by this roundabout way of talking is that the thing must be put an end to so effectually now, that it will never be able to break out again ; otherwise you may depend on having it again in a very short time. Two detachments were made this day to Dunkeld and Minzie Castle in order to check the Rebels, if still collected on that side ; and I don't doubt soon but we shall have shut 'em up within the Lochs, where it will be at least a summer's work to clear those parts of 'em and to destroy their clannism, but it must be gone thro' with. The Rebels about these parts, when they went off, left their families in their houses, thinking by that to escape the rirst vio- lence and rage of the pursuers out of tenderness for the Ladies, and give time for their friends elsewhere to do something in their favour, in order to save 'em. The pretended Duke of Perth- left at Drummond Castle his mother and sister ; Mr Oliphant of Gast [Gask] left his wife and children, Lord Nairn his family, Lord ' Duncan Forbes, Lord President of the Court of Sessions, was collaborating with Lord Loudoun in the North. Sec p. 421. '^ p. 44C n. Y. 32 498 THE REBELLION Strathallan his mother, and several others in the same circum- stances ; and several who call themselves the King's friends have the modesty to plead in their behalf, when it is notorious that many of these women have been the causes of their sons, husbands and brothers joining the Pretender. Indeed I see and hear every hour of the day things that make me stark staring mad, and what I could hardly have expected, even from the worst of 'em. The Pretender's son has, I am informed, left the Blair of Athole and. is gone further North; and as he retires, numbers leave him, as one may easily conceive ; for every step backwards to them must be destruction. They may make it linger out a little longer, but I think not much. Those that went towards Montrose seem, and not without reason, to be under great apprehensions of our coming after them. They pretend to be fortifying themselves there, I suppose like what they did here, which sounded well in a newspaper, but in fact were nothing at all. Admiral Byng is off that Coast, and without dark nights and blowing weather I don't see how they can get off. I forgot to tell your Lordship of my visit to Lord Breadalbane^ who lodged me whilst at Edinburgh, and was very obliging. I beg Lady Glenorchy will accept of my compliments and thanks for her civilities ; all the return I can make is to use my poor endeavours to free her and hers from the villains who were the cause of my troubling her. I am sorry accounts from Flanders are so little favourable, and on that score that the Hessians are arrived, because I hope we don't want 'em here and they will be wanted there. I beg pardon for speaking so freely on the subject of the times, but my heart is full ; and as I must restrain my tongue, it is absolutely necessary to unburthen my mind somewhere lest I burst ; I thank God I am honest at present and villainy shocks me.... Joseph Yorke. Lord Chancellor to the Hon. PJiilip Yorke [H. 3, f. 98.] Powis House, Sunday night, 12 o'clock, Feb. 8, 1746. Dear Mr Yorke, A resolution was taken last night of great consequence, which I intended to have communicated to you this evening, but was hindered by a meeting being appointed by the Duke of Newcastle at my house, which I foresaw would last till near midnight. However, as I think it right you should know some- thing of it before it is put in execution, I wish you would come to my room behind the Chancery tomorrow at eleven o'clock, and 1 p. 470. RESIGNATION OF THE MINISTRY 499 let some of my officers tell me when you are there, and I will come out of Court to say a few words to you Yours most affectionately Hardwicke*. Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 187.] Powis House, Feb. \uh, 1746. Dear Joe,... I cannot let this post slip without acquainting you with the sincere joy of my heart upon H.R.H.'s surprizing success which is so much owing, under God, to his own magnanimity, vigour and conduct. The happy change it has wrought in the King's affairs in Scotland in so short a time is, I believe, not to be parallelled in history, and will redound to his eternal honour. Pray lay me at his feet with the most dutiful and cordial congratulations, and most ardent w'ishes that his progress may equal his beginnings and that he may have the glory of entirely extinguishing this Rebellion, which I look upon as in a manner already crush'd by his hand. By this time I believe you have been, in a different way, surprized by an event which has happened here^ Yesterday my Lord Harrington first, and afterwards the Duke of Newcastle, resigned their offices into his Majesty's hands, and last night the King was pleased to deliver both their seals into the Earl of Granville's custody. This day Mr Pelham, the Duke of Bedford, Lord Gower and Lord Pembroke resigned their employ- ments, and it is said that my Lord Bath is appointed first Commissioner of the Treasury. Tomorrow is the last day of the Term, and after that you will easily conclude what I am to do. Don't suspect that this is a hasty measure or proceeding, as some will perhaps tell you, from the King's having refused to make a certain gentleman'' Secretary at War. That is a trifle in com- parison of other things and was quite over and the King's pleasure entirely submitted to. But this measure has proceeded from other causes creating a necessity — a necessity arising from grounds es- sential to any administration who mean to serve with usefulness to the King and Public, and with honour and security to themselves. * This Resolution was for the Ministry to resign their employments. It ended in a 3 days bustle and wonder. The resignations were stopped, before my Father's share was carried into execution. II. 1 p. 426. 2 Pitt. 32—2 500 THE REBELLION No other motives could have prevailed for it ; and those who have been found to submit to these motives will continue to support the King and his Family and the measures they have advised, with as much zeal and vigour out of place, as in, I cannot explain or say more in a letter. Assure His Royal Highness of my perpetual duty and devotion to his service, and that I shall ever be mindful of my obligations to him.... I am ever [etc.] Hardwicke. Lord Chancellor to the Hon. Philip Yorke [H. 3, f. 100.] Devonshire House, Febr. 12, 1746. 7 ai night. Dear Mr Yorke, The King sent a message this forenoon to Mr Pelham, by Mr Winnington\ to let him know that his Majesty was deter- mined to accept no more resignations, and intimating that he would have his old servants return back and accept their places. That he expected an answer tomorrow morning. I thought it necessary to acquaint you with this strange event. Res magna agitur — sentio ampliiis deliberandum. The King's honour — our own honour and security are to be consulted. Affectionately yours Hardw^icke. Col. the Hon. Joseph Yorke to the Hon. PJiilip Yorke [H. 15, f. III.] Perth, Febr. iith, 1746. [Gives an account of an expedition he was ordered to make towards the rebels at Blair Atholl and continues.] The melancholy part of all the story is that there is no trusting to any people in this whole country to give intelligence ; for they all abuse each other to indifferent people but hold together in the national part of being Jacobites, or at least lukewarm, which I look upon in the same light exactly. The presbyterian ministers are the only people we can trust, and to give you an idea of one small part of the country, I mean the county of Athole, the minister, one Ferguson of Loggeritte, told me, that if you were to hang throughout all that county indiscriminately, you would not hang three people wrong- fully. I am grieved to say it is mostly so through the whole country of the hills, and if it is not rooted out now, you'll have another in- surrection in two years time — 1 Thomas Winnington (1698-1746), M.P. for Worcester; P.C. and Paymaster-General. He was one of those on whom the King had relied to compose his new administration, being designed for the office of Chancellor of Exchequer, but he refused. He was an able man, who would, if he had lived, have attained high office. ARCHBISHOP OF YORK ON THE CRISIS 501 Archbishop of York to the Lord Chancellor [H. 250, f. 187.] BiSHOPTHORPE, Feb. 14, 1746. My Lord, Tho', as your Lordship knows, I have for some time been aware of the event which is the subject of your Post Script, I could not help being struck with it beyond expression. I wish this unhappy nation is not drawing to that period of time when Sains ipsa non potest servare. What an intricacy there is in the affairs of the world, and what a strange contrast of things has appeared within a week in our meridian ! One was thanking God for a gallant young Prince born, as it appeared, to deliver us ; and at the instant, as it were, to check every sentiment of happiness, a man arises, ab inferis, as it might seem, to scourge and confound us. I am quite sure the present resignation of the King's and the nation's friends has been well weighed and nothing but necessity could have occasioned it. But how must every man lament the necessity at this juncture, when perhaps, if things continue but for a month in the hands of this adventurous man, it may produce an effect upon the public, both in our foreign and domestic affairs, that possibly half a century mayn't set right again. As to affairs abroad, I know nothing ; but as I have my eyes and ears to hear and see around me, I am satisfied that the people of England were never so near an unanimity since the beginning of parties as at this juncture ; but that prospect is darkened at once and we are going again to plunge into a sea of troubles and divisions. With regard to the opinion of the people, the Great Men who are resigning, will have the testimony of universal regret, no mean reward to an honest statesman ; and they will feel the loss from their removal the more, as it will be made, I will speak plainly, to gratify the pride and ambition, God grant I never may have reason to add, intrigue and disloyalty, of a false man who is universally detested ^ Be that as it will, it is certainly a noble resolution to stand firm to the King, to comply with everything that is good and oppose warmly everything that tends to his and the public hurt I won't trouble your Lordship with public affairs, but as the assizes draw so near it behoves the Judge that comes the circuit to look to that matter of the jail. The prisoners die and the Recorder told me yesterday, when the turnkey opens the cells in the morning, the steam and stench is intolerable and scarce credible. The very walls are covered with lice in the room over which the Grand Jury sit. I am with a friendship and attachment that nothing can shake, My Lord, your most faithful T. Ebor. ^ Lord Granville. 502 THE REBELLION Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 189.] Edinburgh, Feby i^th, 1746, Saturday night. My Lord, At a time when your Lordship's thoughts must be so occupied, I should not have ventured to trouble you with my own impertinence. But it is in obedience to H.R.H.'s commands who, on receiving the unexpected and surprizing news, sent for me into his room, and ordered me to write to your Lordship this night in his name, to assure you of the regard and esteem he always has had, and shall have for you ; how much concerned he is at the loss the nation sustains in the person of your Lordship, and that he shall always be happy to show your Lordship all the marks of his friendship that lie in his power, with several other expressions of civility and affection. I shall be silent on the cause of my writing this letter, because I am afraid I should be apt to say more than is proper for me ; I shall therefore, after imploring the Divine Assistance to save this sinking country, conclude with wishing your Lordship health and happiness, either in place or out, and assuring you that nothing can alter the inviolable attachment with which I have the honour to be, Your Lordship's most obliged, dutiful son and servant, Joseph Yorke. My humble duty to Mama. Love and compliments to all. P.S. Your Lordship may be surprised to see a letter dated from hence, but H.R.H. came here to confer with the Prince of Hesse\ and settle some other things, and returns to Perth tomorrow. The rebels have left Aberdeen, and seem more dispersed every day ; but perhaps they may think now of turning back. Hon. Charles Yorke to Col. the Hon. Joseph Yorke [H. 37, f. 50.] Febr. 15, 1746. Dear Joe... The business of this last week in London has put Scotland and the Rebellion for a moment out of our heads, like a phantasma or an hideous dream. The story is in few words and yet in as many as are proper for a letter like this. You know what the situation of affairs behind the curtain of the Sanctuary (the Closet) has been for some time past. Sentiments of jealousy have been infused of the ministers ; their counsels either totally dis- regarded and consequently defeated, or else, if given way to and approved, checked and thwarted in the execution, because they were theirs ; measures of government openly espoused in the House of Commons by those who don't mean well to them which, whilst ^ Prince of Hesse Philipsthal, in command of the force of Hessians, see p. 426. DISCOMFITURE OF LORDS BATH & GRANVILLE 503 espoused fairly, was proper and becoming ; but when the measures of the King's government could be separated from the points of his administration, as perhaps a scheme for raising a supply upon some particular fund, they would run the hazard of distressing and re- tarding for the sake of proposing another ; foreign ministers talked to and groundless whispers sent abroad by them to their several courts, derogating from the honour of the King's ministers and interrupting the thread and mutual confidence of negotiations ; the King told by flatterers that he might change the system of his administration, his people and parliament would support him in it, that his ministers were not sufficiently in odour of sanctity to make their cause a favourite one ; it might be done safely, consistently with his own honour and dignity. In the meanwhile, the ministers saw the necessity of forming and cementing a connection, begun some time since, that they might no longer depend for the carrying of questions in the House of Commons on persons whom they cannot trust. The thing drew every day to a crisis. Mr Pitt was proposed to be made Secretary at War and so far refused that it was given up; and he said very dutifully that he could not presume to break open the closet door; he would accept of what his Majesty should think fit for him, or would give his friends no further trouble if nothing was thought proper, and retire into the country for some time. Lord Bath went three or four times into the closet and represented against admitting Pitt into the King's service, how it would dishonour him at home and abroad ; offered to undertake the management of distressed affairs and a bankrupt treasury rather than see him submit to an act so injurious to the dignity of his crown and person. This was declaring so loudly against the ministers, and that to the King himself, that the ministers thought it the most respectful and becoming part they could take and the most advantageous to the King's service, if these remonstrances were listened to as founded on truth, to withdraw, and let those make the experiment who had answered for the success of it. Accordingly Lord H[arrington] and D. of N[ewcastle] resigned on Monda}-, when the Kmg gave the Seals of both Secretaries to Lord Granville, one being designed for Lord Cholmondeley, not then in town. Next day Lord Pembroke^ Duke of Bedford, Lord Gower, Mr Pelham, Lord Monson'-, for themselves, and three of them for their colleagues of the Boards of Treasury, Admiralty and Trade, resigned. Lord Chancellor was to have gone on P'riday, as soon after the term should be over as possible, and many others were determined to give the same testimony of disapproving this rash step taken by the new advisers. Public credit sunk, a run one day on the Bank, the subscription for iJ'2, 500,000 withdrawn, which had been carried to Mr Pelham ; the places would have been supplied with difficulty and business stood still which, in such a crisis, was ' Henry Herbert, ninth Earl of Pembroke (1693-1751), Groom of the Stole. ■■^ Sir John, first Baron Monson (1693-1748), First Commissioner of Trade and Plantations. 504 THE REBELLION like the sun stopping in his course at noonday. The Great Person in this distress, his government dishonoured and the nakedness of it (which it has been the care of wise princes and ministers to con- ceal) exposed to public view, on Wednesday shut the door of the closet and would receive no more resignations. He seemed much affected, in the goodness of his heart, with the resolution of his old servants of the first quality and distinction about the court, to leave him. Then discerning that the new scheme could not be supported for a day, he sent for Mr Winnington (who had freely said he would partake in the dignity of this disgrace) and delivered a message to him to be carried to the Duke of Newcastle, Mr Pelham, etc. requiring them to return to their places and giving them time to consider of their answer till the next day. Mr Pelham had a long conference with him on Thursday evening, after the discourses amongst themselves upon the message, which passed with much complaining on one side, with dutiful remonstrance on the other side, and in conclusion Mr Pelham was obliged to take the Seals. Lord Chancellor had yesterday a long conference on the same points, representing that it was better to pursue the new plan and run all hazards in it than to separate the confidence of the King from the legal officers of the Crown; that His Majesty need not apprehend any other conduct from him and his friends than that which they had always pursued, of supporting his government in general and giving ease to it and of carrying on the war, restrained only by the principles and measures which they had so often laid down and His Majesty well knew; that for himself especially he would say that as long as he lived he would never enter into a formed opposition to any administration, that he would not undergo the slavery nor would he partake in the guilt of it. The answer was : " Perhaps you may think so, but I know the humour of this country." In conclusion, he sent in for those who had resigned and gave to each of them their commissions and marks of office. White staves and gold keys might have been had for asking till the old set was restored and now everything is in statu quo, and the mails of one day will be contradicted in all parts of Europe by the next. Lord Granville disowns any knowledge of the thing and the whole is laid upon Lord Bath. In a word, the appearance is so strange that the relation will hardly be believed a month hence. Great pity it is that such a conduct should have become necessary for the ministers, or such advice have been given way to by the Crown. The dignity of the latter is always impaired in proportion as high acts of government are attempted which cannot be supported. But the Great Person has been talked to as if he were King of France and not the King of a free country. The notion of the Constitution is this that ministers are accountable for every act of the King's government to the people. If that be so, they have a right to his confidence in preference to all others, else they arc answerable for measures not their own. Here is the security both of the King and of his people. The next great policy GENERAL REJOICINGS 505 of the constitution is this, that whatever the King does, should seem to come ex mero motu, the result of his own wisdom and deliberate choice. This gives a grace to government in the eyes of the people, and here is the dignity of the monarchy. Now suppose the con- fidence to be separated from the ministers, they have no other part to take in justice to themselves than that of resigning, and the King himself is exposed to the odium of changing for worse measures and more suspected men, so that the security both of him and his people is gone. Again, suppose that Great Person reduced into circumstances of seeming constraint by any unhappy accident or advice and this [? thus] exposed of necessity to the people, the grace of his government and the dignity of the Crown is gone. — My dear Joe, I have said too much and not written a prudent letter (pray look at the seal and observe whether you think it may have been opened), but my mind was full and I could not help scribbling very fast about this matter and explaining it at large to you. I could add more anecdotes if I were near you. ...Don't shew this to anybody, which is only for your own view, and there are some circumstances of conversation recited, which you will not even mention. In haste yours, C. Archbishop of York to the Lord Chancellor [H. 250, f. 190.] BiSHOPTHORPE, Feb. 16, 1746. My Lord, Tho' I troubled you last post, I cannot help congratulating your Lordship and your noble friends and the public upon the blessed turn of our affairs which are now like to go on, 1 hope, in the smooth old channel, as far as the perverseness of men will suffer them. The history of the week is a surprizing one; it was fortunate, however, that the distraction was of so short a duration. It lasted long enough to admit of a most extraordinary testimony from the people of their approbation of the King's old ministers, and yet ceased in good time to save the honour of our royal Master at home and abroad, and to prevent the causes of much hateful animosity. No thanks for this, however, to the contriver of the wild project. Surely, my Lord, there is something very criminal in it, that a bold and adventurous man shall dare to play thus with the honour and peace and interest of a great nation. If some private anecdotes are true, which have come to my hands, the affair looks more like a midnight project from the fumes of Burgundy than the digested scheme of a wise man. Certainly, to say the least of the projector, he did not take counsel of Archimedes and fix his foot firmly before he attempted to move the earth. But it is over, and if the public arc disposed to forget it, let it never find room in the English annals.... 5o6 THE REBELLION Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 191.] Perth, February 17M, 1746, Monday night. My Lord, When I had the honour to write last to your Lordship, it was not in the same temper of mind I am in now, as you may easily imagine. The strange, unexpected event (to us) of the loth struck a damp upon the spirits of all here, who wish well to the present government, that the as sudden reinstating the old ministry has not taken away. Melancholy and despair was seated on the countenances of almost everybody one met, that one could plainly see Jacobitism was triumphant by the sorrow of all honest Whigs. Give me leave, after congratulating the nation, by order of H.R. H. (with his particular compliments to you) on your Lordship's and the rest of the King's friends being replaced, with that honour and weight which such a glorious step deserves, to wish, in the zeal of my heart, that the author of all these disturbances, Lord Granville, may meet the fate he deserves, or for aught I see we may some time or other have the same confusion again. I daresay all honest men wish as I do. I wish they may have more power to promote it than I have. His Royal Highness at breakfast this morning, after letting us chew upon our letters very solemnly for some time and asking me what you said, amazed us with the news he had received just then, that everything was to remain in stat?i quo, and the enemy was discomfited : and at dinner he made us all drink a bumper to our old friends, and no more changes. As soon as I could be brought to believe it, I despatched an express to Lord Glenorchy, to inform him of it at Taymouth. Knowing that the first news might have reached him and in all probability had from Edinburgh, and the last I was sure had not ; and being willing to prevent any ill impressions which such a piece of news, at such a juncture in this country, might make, with the advice of my master I wrote the letter. It is difficult to learn anything very certain of the Rebels at this distance because they invent a million of lies to amuse us with every day. All that I can find about 'em is that the farther they go back, the more they diminish, and that the Chiefs seem desponding and disagree with one another. What they talk of as yet is the design to attack Lord Loudoun ; but that seems to me not very likely, because I don't believe they have any great stomach for fighting at present, and besides, Lord Loudoun and President [Forbes] are, in my opinion, an over match for any one of the bodies single, perhaps equal to the whole. Part of the troops are already marched that way, more will file off tomorrow and I imagine H.R. H. will be moving on Wednesday or Thursday at farthest. As we shall move by the sea-coast on account of subsistence and cover, it is proposed, I believe, to draw a sort of chain of posts to LORD GRANVILLE'S COMMENTS 507 prevent any parties from coming down into the Lowlands whilst we are in the Hills. I hope soon this unhappy affair will be quite over and the executioner succeed to us. I have the honour [etc.] Joseph Yorke. ...Wednesday February 20th. P.S....H.R.H. lies at Glames tomorrow night and the next at Montrose, from whence we shall proceed to Aberdeen, where at present a few of the Rebels are.... I wish this affair was quite ended J. Y. A further letter of February 24th, 1746 [f 196] gives later news of the progress of the army in the North. Hon. Charles Yorke to the Hon. Philip Yorke [H. 12, f. 153.] Tuesday night, Feb. i8, 1746. [Intimates that he had refrained from sending a letter which he had written, probably that of February 15th, for fear of its being opened.] Since that was written the King has consented to some removals. Pitt is to be Vice Treasurer of Ireland in the room of Lord Torrington, and Lord Torrington is to be Captain of the Yeomen of the Guard in the room of Lord Berkeley of Stratton. The Great Persoti shews a countenance of more ease and seems satisfied that the expected confusion and change is now over. Lord G[ranville] says " Upon my soul I knew nothing of it — I was sitting quietly by my fireside reading in my study (some say Demosthenes); the King sends to me to take the Seals. I saw 'twould not do and was amazed at it. But like a dutiful subject of the crown I obeyed. I waited on the King. I took the Seals, went directly to my office, wrote a few letters of form and signed a pass. That's all the busi- ness I have done. But give me leave to tell you, my Lord, you and your friends have done a thing not known before in any country, deserting the King by troops in a dangerous crisis. What can this mean .'' I could raise a flame upon it but I won't. Family circumstances, which have lately detained me at home, shall now engross me. I will go home, into the country, to my books, to my fireside. For I love my fireside." So the thing is carried off with an air of burlesque magnificence. You know the hand of your affectionate, without signing. Pray look whether the seal has been opened. 5o8 THE REBELLION Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 193.] Powis House, Febr. 20th, 1746. Dear Joe, Tho' I know you must have heard before now that the late apparition of a new ministry has vanished almost as soon as it appeared, yet I lay hold on this first opportunity to acknowledge your kind letter received this day.... I hinted in my last how essential the reasons were for the great event, which happen'd last week. They were then only referr'd to in general, and it is not proper even now to enter into particulars in a letter. They will be topics of conversation when we have the pleasure of meeting again. During the Term it was impossible for me to divest myself of my office. That ended on Wednesday the 1 2th, and on that day, early in the afternoon, the change back again was announced. That day and Thursday were spent in pour- parlers, and on Friday, after the Levee, I had the honour of a long audience of His Majesty ; immediately after which my Lord Granville went into the Closet, and redelivered the Seals of both offices to the King, after which the Lords, who had resigned, went in one after another and resumed their employments. Whatever had been the event, I must always have acknowledged in the most dutiful manner His Majesty's civility and goodness to me on this extraordinary occasion. Thus was the great scene at Court changed twice within the course of four days, an event which will appear to posterity more surprizing than anything that has happened, except that any man, or set of men, should assure a great King that they were able to carry on his affairs, and should undertake it, and in so few hours afterwards give themselves the demeiiti and throw up the game. But the public voice of the court, city and country united was too strong. For my part, I should have left the King's service with that dutiful submission and concern which becomes an old servant, highly honoured and obliged by his Master ; but for my own particular, I was ready to say. Jam mihi parta quies, oimiisqiic in limine partus. Now we are put to sea again, and I wish both we and the nation may both weather the storm. The surrender of Brussels, which is confirmed by the post of this day, is a terrible blow ! How the States will be able to supply the loss of such a number of their best troops is inconceivable. Some people wonder that so numerous a garrison^ in a town, which 1 i^jooo- SURRENDER OF BRUSSELS 509 takes up such a compass to be invested, could not find some oppor- tunity to force their way thro' the Enemy. ...I pray God to crown His R. H.'s indefatigable labours with the happiest success, and deliver us from these troubles. I am ever [etc.] Hardwicke, P.S. Since writing what is above I have read over the capitu- lations of Brussels, of which there are two, one for the Dutch garrison, the other for the Austrians. I find the States understand their troops to be ransomable, and have already issued orders for their redemption, but I wish they don't find themselves mistaken. The articles seem to me very captiously penned in all the passages relating to the destiny of the prisoners. The terms ranqon and raiK^onnes seem to be studiously avoided, and those of echange and echanges as constantly used, and where they will find an exchange for them, God knows. The Austrian capitulation is stuffed with articles relating, not only to the government of the City of Brussels, but also of Brabant, so that it reads like an act of reddi- tion of the whole province. As the 7th Article regards H.R. H., I send you the words : " Les domestiques, chevaux, bagages et effets de son Altesse Royale, le Due de Cumberland, pourront se retirer ou bon leur semblera, sans pouvoir etre arretes ni visites sous quelque pretexte que ce puisse etre, et on leur fournira les escortes, passeports, voitures ou chevaux necessaires." Over against this article, in the margin, are the words : " Accorde en consideration de son Altesse Royale, le Due de Cumberland." We are now told that the pompous intelligences we have had from time to time of the progress of incidents of the siege were all destitute of foundation ; there having neither been sally on the part of the besieged, nor attack on that of the besiegers ; except one on the 19th, which was not pushed very obstinately by them neither, upon some part of the horn work before the Gate of Scarbeck. It seems now to be evident, upon the whole, that the unexpected duration of the siege has been more owing to Marshal Saxe's want of artillery and managing his men, than to any more than ordinary annoyance and obstruction he met with from this vast garrison. What an age of lying are we fallen into ! 510 THE REBELLION Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 198.] Aberdeen, March ^th, 1746, Sunday night. My Lord,... I made use of the first opportunity to deliver your message to H. R. H. who received it with that goodness and affabiHty pecuhar to himself, and said it was impossible for him to forget the obligations he had to your Lordship, and he would take every opportunity to convince you of it. It has been a great misfortune to the King's affairs in this country that we have not been able to move with more rapidity after the Rebels, because it would most likely have put an end to the affair before now ; but the poverty of the country, which made it absolutely necessary to provide every kind of subsistence for the army before we could move from place to place, has delayed the putting an end to the Rebellion at the critical minute (the disper- sion from Stirling) and still continues to retard our further progress; add to this that the snows have been so deep for some days past that it has rendered the ways very impracticable, but I flatter myself the snow will soon be all down and then we may expect milder weather. Notwithstanding the season, H.R.H. has not neglected, however, every opportunity of distressing the Rebels, parties having been continually sent into the Hills and the Strath- spey in order to curb them and to seize all arms, forage, oatmeal etc. that could be found ; the Quarter Masters will go out tomorrow likewise to Inverary, Old Meldrum, and the places some miles beyond it, in order to provide for two brigades, the cavalry and the Highlanders, which will extend our quarters and be a means of securing that country, at the same time that by the appearance it will make to the Rebels, they will take it for granted that the whole corps is in motion, and may be a means of discovering their inten- tions, perhaps even tempt them to make some motions in conse- quence of it. They will march, I believe, on Tuesday. Major General Bland ^ will be forward with this detachment and, I believe, Lord Albemarle- ; as soon as the weather will permit, and every- thing ready that is wanted, I take it for granted the whole will be in motion, and the sooner that happy moment comes the better, for delay in this case hurts all Europe. From what I have formerly said, your Lordship will easily conceive I don't give too much credit to what informations the people of most parts of this country give in. To delay, to intimi- date, to deceive are attempted every day. The Duke is whispered that he is in danger of assassination, that lenity is the best method to reclaim these desperate Highlanders, that 'tis a pity the flower of the nobility should be sacrificed to such a pack of cruel dogs ; in ^ See p. 471 71. 2 William Anne Keppel, second Earl of Albemarle (i 702-1 754), General, and Colonel of the Coldstream Guards, wounded at Fontenoy, and later Ambassador at Paris. THE DUKE AT ABERDEEN 511 short, my Lord, such a heap of villainy, nonsense, and cowardice is produced that one had need have 10,000 times my patience to hear it every da}' repeated. But thank God ! we follow a leader who is too generous to give ear to such low insinuations as are hinted to him, and too honest to fear having his character blackened for doing his duty'. By the best information that reaches me of the Rebels, the main body of 'em still continue about Inverness. The Pretender is expected by this time at Gordon Castle. He is a good deal out of order and extremely weak. A detachment has been sent into Ross and Sutherland after Lord Loudoun, but he encreases and will be too strong for 'em'-. Another detachment has been sent with 4 French piquets to Fort Augustus ; the old Barrack was taken but I did not hear that the Fort had yet submitted ^ Fort William is what they have a view at next, but I hope they will find that harder of digestion than the other two, as I am told it is a much better place and His R. Highness has sent an officer there for whose behaviour I would answer with my head^ The French have been forced to do all at [Fort] Augustus, for they could not get the Highlanders near the works, no more than at Stirling ; it is not to be conceived how the French hate 'em. With all these detachments out, they would fain persuade us that they will dispute the passage of the Spey. Whether they imagine we are fools and will believe this or are really fools them- selves and will attempt it, I can't tell; but to convince the world that there is a good deal of difference between regular and irregular troops on these occasions, I must confess I would fain flatter myself it is their intention. These people have no tents nor can they, by their own confession, encamp if they had. Firing cross a river would not suit with their constitutions, since they pretend to nothing further than a coup de main ; and lastly, within the space of 10 miles there are upwards of 40 fords. These circumstances considered, besides many others, it does not seem probable to me they will be so civil as to play the ball thus into our hands. Their advanced parties still continue at Cullen, Lord Findlater's house, and are forcing people to rise everywhere with the fiery cross. I am not ail fait of their numbers. I fancy they are about six thousand, but that is only my conjecture. The Army is in good health, and I have great hopes will prove themselves in good spirits too. The Scotch Fusileers joined us today from Perth and Bligh's will be here from Leith by sea, the moment the wind will permit. Kingston's horse is come up in very good order, so that with the recover'd men our battalions grow stronger every day and of late, I think, very iow fall sick. ^ President Forbes, in particular, was urging mild measures. See below, p. 534. ^ He was surprised and defeated at Dornoch and retreated to the Isle of Skye. ^ It surrendered. •* Captain Scott of the 6th Royal Warwicks. It held out successfully. 512 THE REBELLION I avoid lengthening my letter with lamenting the loss of Brussels, but every hour produces some new cause to curse the vile authors of all our misfortunes. I don't see that we shall quit this country time enough to go anywhere else, and very sorry I am for it, for this is miserable work. I wrote last post to the Archbishop of York, who did me the honour to write me a very obliging letter some time ago,... I am afraid your Lordship will think I study the prolixity of the Presbyterians in this country, as they are deservedly fashionable.... Joseph Yorke. The Duke of Gordon^ came in to the Duke this afternoon, having made his escape from Gordon Castle, but was forced to leave the poor Duchess behind him who is within less than a fortnight of her timel Col. the Hon. JosepJi Yorke to the Hon. Philip Yorke [H. 15, f. 115.] Aberdeen, March i^tk, 1746. Dear Brother... The weather is so very bad that it won't allow of our encamping, especially as straw is very scarce, and cover, after we quit this, will not be very easily provided for us in a body ;...we are forced therefore to remain almost inactive through dire necessity.... Some of the underlings have, I think, been sounding whether they could get their pardon upon coming off; but there is no listening to any hints of that sort. 1 flatter myself, as soon as we can move, that these villains will be reduced to reason on the points of our bayonets. So soon as this is the case, it will be your duty in Parliament to make such effectual laws as may prevent (if possible) such daring attempts for the future. [The magistracy, disaffected and Jacobite, must be purged and the disarming of the Highlanders and Low- landers this time effectually accomplished by keeping in Scotland a good body of troops for some time.] Besides what I have mentioned, there is another grievance (amongst a million) which demands some particular attention — I mean the Church of England meeting houses, which are deservedly styled the seminaries of Jacobitism. They are mostly served by non-juring parsons, who are generally nominal or titular bishops and many, I believe. Popish priests, whose business it is to ride about the country and sow seeds of sedition and rebellion in the minds of the people, too well inclined, 1 am afraid, from their very infancy, to suck in such principles. Through the means of these priests has been carried on for some years that destructive trade of enlisting men for the ' Cosmo George, third Duke of Gordon (<^-. 1720-1752). He married Catherine, daughter of William, second Earl of Aberdeen. ^ See further ff. 202, 205. POLITICAL STATE OF SCOTLAND 513 French service, which has made a fund of Rebels to throw in amongst us on occasion, and has made the intercourse between France and this country so common, (and by means of the smuggHng trade so agreeable), that they are not afraid, but on the contrary desirous, to see French men of war riding in their ports and French troops Hving upon 'em, a wish, I thought, anyone that Hved in this island could never have harboured, however inclined they might be to the Pretender's cause. To prevent these non-juring parsons from being here, and at the same time permitting those of the persuasion of the Church of England to have divine service in our way, might not some method be fallen upon to have the clergy certified for, on being beneficed in this country, by some of the bishops ; at all events I am sure non-jurors won't do. I have been longer on this subject because since I have been in this town, I have had frequent occasions of talking on their affairs with the few honest people here, who in general lament the total neglect of all law that has been in this country for many years. 'Tis more than time a stop should be put to the intrigues of these cunning people, who mean nothing in finishing one rebellion but to begin another.... If you should hear any stories about assassinations, cruelties, plunderings and other terrible things, trace 'em up to some Scotch man or woman for my satisfaction, because I am sure they have their rise from them^ J. Y. The Pretender's son is, I believe, at Gordon Castle, but con- tinues ill. Lord Glenorchy to the Lord Chancellor [H. 102, f. 95; H. 103, f. 29.] Perth, March 21, 1746. ...Colonel Yorke came here yesterday evening at 6 o'clock^ having left Aberdeen at the .same hour on Thursday [y6 miles of bad road], which is extremely expeditious ; and I had the pleasure of .seeing him immediately after his arrival and again this morning as fresh as if he had not been on horseback, and I can say that I never heard a finer character both in the Duke's army and amongst all here, both British and foreigners, who know him.... 1 His brother answers April 17 (f. 120), " I have never vexed you with hearing, nor myself with committing to paper, all the lies which have been spread in relation to the Duke and his conduct. The best way is to despise such impotent malice and to shame both the knaves that invent and the fools that believe into silence, if one cannot into applause, by a steady perseverance in well-doing." 2 He had been sent by the Duke to Perth, to the Prince of Hesse, to settle some disputes and to concert measures in case of the arrival there of the Rebels. See his letter to the Duke, H. 54 1, f. 94. Y. 33 514 THE REBELLION ArchbisJiop of York to Col. the Hon. Joseph Yorke [H. 83, f. 59.] BiSHOPTHORPE, March 29, 1746. Dear Sir, Yours of the 7th of March came safe to hand.... It was a great pleasure to me to receive it as an evidence of your being well, with a sound head and honest heart. I would to God these fellows would make a stand, that your gallant Leader might come to an action with them. Their proceedings are to us at a distance incom- prehensible; that after so shameful a flight they should be in a condition in one part of the country to keep an army in awe, which consists of 2500 men, in another to attack forts and castles, and have in a third a main body making show of braving a great army of many thousand regular and well-appointed men. I know of but one way of accounting for this, which is that the country is with them ; and if so, and the Scottish nation will again divide from us and make a national quarrel of it, we must look to ourselves as well as we can ; and I hope after a thousand vain attempts, 1746 is not the era of superiority to the Scots over the English nation.,., Pray God preserve you and account me ever with very sincere affection, Dear Sir, Your faithful friend, ThO: Ebor. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 207.] Aberdeen, March iist, 1746. My Lord... I imagined by the reinforcement of four battalions, em- barked for this country, that in the South you were not very easy at our situation ; and I make no doubt the Jacobites have been very busy in raising the power and force of their friends in the Hills, in order to alarm the Government, if possible, in such a manner as to prevent supplies being sent to our allies abroad. The thing which seems to give your Lordship some concern is the apprehension that the Rebels, after taking Fort William, should have it in their power to scour down again to the South, and by that means be for ever giving us the slip. To that I shall only give your Lordship my idea of our present situation which, in my opinion, gives 'em very little chance of effecting such a step. In the first place, I don't think it likely they will be able to make themselves masters of Fort William; for by the last accounts come in from those parts, they have given over, or are on the point of quitting, that undertaking, and should they even persist, it will be too much for them to execute before we shall be able to move to its relief; by this means that bridle to the West Coast will still continue. In Argyllshire General Campbell has collected the MILITARY POSITION 515 militia of the country, who, (tho' God knows they are not to be supposed to fight), by the connection they have with the principal Rebel clans their neighbours, will, I daresay, be protection enough for their own country. But should they act contrary to their usual cunning and the affection they bear to one another in all roguery, the corps of Hessians, to which if occasion should require it, we may add more troops, will be more than sufficient to drive all the Hills into the Sea. Supposing them posted, till the weather allows of encamping, at Perth, Crief or Stirling, and encamped afterwards in some convenient post at the entrance of the mountains, near or on the Tay, they will be at hand to defend those passes or to move to Glasgow, or such other post in that part, as may effectually prevent a Southern march without fighting, which they don't mean, if they intend to come down into the Low Country again. The detachments we have made to oblige the people at Glenesk and the high parts of the Merns to bring in their arms, has had a very good effect. The officers who command those parties have already received a great number, and by their alertness will con- tribute a great deal, I believe, to frighten that part of the country into their obedience. Within these ten days there has been a good deal of uneasiness amongst the Rebels, occasioned in a great measure, I believe, from the want of money to pay their men who, not contented with meal for themselves only in lieu of money, demand in a rebellious manner subsistence for their families likewise, or they shall go home to provide for them. This want may easily be continued amongst them if the men of war do their duty ; some people imagine this want may induce them to try a battle once more with us, but I doubt it. If they should, I flatter myself to have the honour to congratulate your Lordship on the success the nation has reason to expect from us, and soon after set out post to take leave of your Lordship once more, and immediately embark for Flanders. The news from Italy is great and worthy of the Prince that sends it. I hope it will tend something towards disuniting France and Spain, for I imagine the Queen had rather France lost all Flanders again than she her hopes of a settlement in Italy for her son. The next accounts will be, I hope, that the French are quite drove out of the country^ Our last accounts from the North say that the men of war had sunk several boats that were crossing the Firth of Dornoch. The Rebels endeavoured to get their Lovvlanders to cross the Firth in order to secure 'em, but they did not approve the scheme and 200 immediately deserted. That put a stop, I believe, to the execution of the project. The Rebels have threatened to burn Lord Findlater's^ house, if 1 The Austrian forces, set free by the Treaty of Urcsdcn with Prussia, had recovered Parma, Guastalla, and Milan ; on June 17 they defeated the Spaniards and French near Placentia and in September entered Genoa. - James Ogilvy, fifth Earl of Findlater and second Earl of Seafield {c. 1689-1764), a 33—2 5i6 THE REBELLION the cess was not paid as they had demanded; but H.R.H, has let 'em know that, if they dare to do it, he had a great deal of firing in his hands and, without waiting for confiscation, would burn all their houses from Edinburgh to the furthest extent of his progress. This counter-threat will, I believe, prevent their putting their's in execu- tion. The cess demanded is about i^Soo and my Lord reckons his house and furniture etc. at ^^15000; but to do him justice, he behaves very well upon the occasion. He always enquires much after your Lordship and told me he had the pleasure last post to receive a letter from you.... I made compliments to him and Lady of course, and so shall continue, for I find they are likely to make the campaign with us ; of the two my Lady seems the properest for it. I have the Honour to be [etc.] Joseph Yorker Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 211.] Powis House, April ^th, 1746. Dear Joe, ...It gives me the greatest pleasure to hear that H.R.H. preserves his health, which is of such inestimable value to this country, and that your's has not yet received any prejudice from the bad weather and worse climate. For the rest, the long con- tinuance of this execrable Rebellion, notwithstanding the vigilance and activity of H.R.H., the barefaced and open assistances daily given to it, and the sly, underhand supports and encouragement it meets with, give me the utmost anxiety. Besides the public calamity to the Kingdom, it hangs upon the wheels of all business and infects and clogs every measure. The affair of Strathbogie^ gave us hopes that the advanced corps under General Bland would have struck a general panic into the Rebels on that side, which makes us the more concerned that the accident at Keith has happened to revive their sinking spirits. But when the season will permit the Duke to move, I doubt not all that will be retrieved. I am glad the Hessians are marched. The story of their insisting upon a cartel had been spread in this Town, but I hope it will be representative peer for Scotland in the House of Lords and Vice- Admiral of Scotland. He was a staunch supporter of the administration, and a correspondent of Lord Hardwicke's on Scotch affairs. He was now making provision for the Duke's army. ^ See further, f. 214. 2 A body of 500 Rebels were nearly surprised by the Duke of Cumberland's men here. The latter retreated to Keith, and a small number of them were in their turn surprised and cut up or captured on March 17. DUKE OF CUMBERLAND'S FIRMNESS 517 now sufficiently discredited ^ I wish they may come time enough for the relief of Castle-Blair, for Lord Glenorchy writes me word from Perth that a person, who escaped out of it on the 23rd past at night, reported that they had not provisions for above four days or five at most, and it would be the 28th before the Hessian troops could be there. He says they had lost only one man in the place. ...The news of your expedition to Perth surprised me^ having received a letter from you dated that very day, without any hint of it. But I rejoice that it succeeded so well and hope that any misunderstandings, that might have arisen from the steps which gave occasion to it, will be entirely quieted and healed. The Rebels crossing the Firth at Dornick [Dornoch]^ and the situation into which it has put my Lord Loudoun and Lord President, are very untoward circumstances, especially if it be true that many of Lord Loudoun's regiment, as well as of the independent companies, are deserted to them. For my own part, I never tasted that measure, and am now thoroughly cured of any inclination for raising troops amongst what they call the well-affected Highlanders. I believe they may fight in Flanders, but they have shewn they can dis- tinguish between cases. One would have expected that our men of war and armed vessels might have prevented this mischief; but I own I have never understood the operations of our marine upon the coast of Scotland.... I am sorry to find you talk of staying in Scotland till September. 'Tis no pleasant prospect, either for the public or yourselves ; but spero meliora. I heartily feel for H.R.H. and all the disagreeable things he is forced to go thro' ; but I know he has the spirit and firmness to go thro' them for the sake of his King, his Father and his Country ; and am confident will make it his rule — non ponere riimores ante saliitem. Pray lay me at his feet, with the repeated tender of my most humble duty and best wishes.... Your most affectionate Father Hardwicke. ...I am sorry you have not your horses with you, but turn'd it a little to my account; for I made use of Grey in the country who is in perfect order.... 1 Lord George Gordon attempted to secure from the Prince of Hesse an exchange of prisoners but received no reply. ■■' See above, p. 513 w. 3 ggg p. 511 n. 5i8 THE REBELLION P. S. I had writ thus far when yours of 31st inst. arrived this moment.... Don't amuse yourselves with the hopes of a campaign in Flanders. I don't mean from the near prospect of a peace, but your work in Scotland will not permit it. This entre nous. ...Your bill on the goldsmith was duly honoured. Once more Adieu. H. Hon. Charles Yorke to Col. the Hon. Joseph Yorke [H. 37, f. 58.] Lincoln's Inn, April 7, 1746. ...I am sorry to find in every letter you write from Scotland that you speak more doubtfully (not of the probable success) but of the time when these things will have an end. The difficulty will be to bring the Rebellion to a crisis.... The lies dispersed every- where are innumerable. It is said that the P[elham]s are making up matters with G[ranville]. Complaints spread abroad : Why does the Duke stay at Aberdeen .'' That he has disobliged all the officers; Lord Cr[awfor]d^ has desired leave to resign; Gen^ H[uske] in like manner ; that he countenances great enormities. The silliest stories are told ; that he goes to bull-baitings on Sunday evenings to the scandal of grave people; that his aide-de-camps sat up drinking one Saturday night till four the next morning ; that an honest presbyterian parson took notice of it and declaimed against it in his sermon ; that he was called to account for it the same day, being tempted to dine with the said aide-de-camps, who sold him a bargain, beat him and kicked the poor man downstairs. Such nonsense is told at large in letters out of the well-affected country where you are Lord Glenorchy to Col. the Hon. Joseph Yorke [H. 83, f. 67.] Taymouth, \oth April, 1746. Dear Colonel, I'm sorry my horses could be of no service to you and that 'twas not in my power to send a groom with them. I wish the little one may be of use to you. If I had better, they should be most sincerely at your service. You'll have heard before now of the raising the siege of Fort William. One of the people I have out for intelligence is 1 John Lindsay, 20th Earl of Crawford (i 702-1 749), one of the most distinguished soldiers of the day, had served with Prince Eugene in 1735 and with the Russian army against the Turks. He commanded the Life Guards at Dettingen and performed great services at Fontenoy by covering the retreat. On the outbreak of the Rebellion he com- manded the Hessians, who at Stirling and Perth secured the passes into the South ; and subsequently took part in the campaign in the Netherlands. He died from a wound in 1749. CROSSING OF THE SPEY 519 returned from that country, and tells me that Lochiel had on Monday, the 6th, 400 men with him, but could not persuade them to go out of the country, and that MacDonald of Keppoch was at home with all his men. He says there is a coolness between the Camerons and MacDonalds, occasioned by something which happened at the sally made by the garrison. The MacDonalds complain the others did not come time enough to relieve their guard, and the others complain of them for going away before they came. I believe the gentlemen of that country will find it difficult to get the men out of it, if they imagine they can be safe at home. The Chiefs say the burning of some places was the luckiest thing possible for them, several people, whom they could never influence to go with them before, having since joined them. I am extremely sorry any of my men have deserted home. I was in hopes Mr Campbell of Carwhin's presence would have restrained them ; 'twas for that purpose 1 sent him with them, having suffered considerably in my estate by his absence. This is the time of year for sowing their grounds by which their families are to be supported, which makes country farmers very earnest to go home after being six months absent. Great numbers of those stationed hereabouts have deserted home and I hear have been punished, as they deserve, by General Campbell's order. I believe this restlessness is in the nature of the Highlanders, for 'tis the same thing with those in the Rebellion. Their chiefs can never keep them long together; they are every now and then running home and their masters are forced to go to fetch them out again. I don't say this to excuse my men ; I believe they are like the rest; I heartily wish they were better. I have been in a negotiation with one, who has been backwards and forwards several times with the Rebels and is indeed one of them. At last I had an interview with him at night, none other present, and I have engaged him to send all the intelligence he can from them Col. the Hon. Joseph Yorke to the Lord Chancellor \\\. 6, f. 216.] Camp of Spey-Mouth, April 12th, 1746, Sattirday at night. My Lord, Tho' in the midst of the hurry of the noisy camp and heartily tired with the labours of the day, I can't help informing your Lordship of our having surmounted that terrible affair, the passage of the River Spey, which we effected this day at noon. When we left Aberdeen it was not proposed to have crost it by two days so soon, but H.R.H., on his march to this place, judged it proper to change his disposition two or three times in order to delude the Enemy, and by some feint draw them to an action. But all hitherto without effect; for on the sight of the head of our column of Grenadiers this morning, the Rebels, who were on this 520 THE REBELLION side the river to the number of 2000, assembled all their men and marched away with great precipitation, leaving however a corps of Horse and what they call Hussars (who by the way are the most active people they have) to skirmish with our people on the banks of the river. H.R.H., who had given it out that the army was to encamp at Fochabers, to which place a column of Foot directed its march, led himself another column to the ford of Baily, about a mile nearer the sea than Fochabers, and there made good his passage, the Enemy not caring to come near us. If the Rebels had defended this river, we should have found some difficulty to have past so cheap ; for I never saw a stronger post in my life by nature, and a very little art would have rendered it very strong and tenable. The Rebels here, who were chiefly the Lowlanders, complain bitterly of the Pretender and the clans for not coming down to them which, joined to the entire want of money, renders them mutinous and fearful. The greatest part of the Macintoshes left them some days ago and the men desert in bodies. It gives me great satisfaction that my hopes of Fort William have answered exactly my expectation^ It is said that the Lochaber clans refuse to go out again for fear the garrison of the Fort should entirely ruin their country, which they may depend on, if they dare to stir. The behaviour of the Governor and the garrison make one more ashamed for the giving up of Fort Augustus. As these gentry have not thought proper to stand us on this river, I have no idea that they will join anywhere, but all shift for themselves ; but as we march tomorrow morning early to Elgin, perhaps on to Forres, we shall clear up these mysteries. Before they left Lord Findlater's at Cullen, they plundered the house by order, broke all the doors, glasses, wainscoats, china and took everything but pictures they could lay their hands on. My Lord and Lady behaved very well on the occasion, and immediately gave 10 guineas a regiment to the whole army. We encamped at Cullen last night and lay at the remains of my Lord's house. My Lady took infinite pains, and accompanies my Lord towards Inverness with us. Our men are in high spirits and shewed the utmost alacrity in fording the river, tho' up to their waists. I hope we gain ground in the Rebellion and shall, before the chase blows us, be in at the death. I am fast asleep and hardly know what I write, so I must beg your Lordship to excuse the inaccuracies of this letter amongst the other manifold faults of your Lordship's [etc,]. Joseph Yorke.... ' See above, p. 514 COLONEL YORKE AT CULLODEN 521 Archbishop of York to the Lord Chancellor [H. 250, f. 205.] BiSHOPTHORPE, April i6, 1746. ...I had the pleasure of a letter last post from Aberdeen from my good friend, the Colonel. The news he sent was very acceptable of the recovery of the troops, and the plenty of pro- visions and the spirits of the men. ...I must tell your Lordship that his letters give me infinite delight. There is always in them such a mixture of economy and caution and providence and a calm spirit that, as one may say, will wear well. I am glad the Duke has so good a servant so near him. There was a great spirit yesterday in York for the celebration of the Duke's birthday. I have not heard of the issue of their joy, but we felt at Bishopthorpe there was great profusion of gunpowder. Many of the gentlemen took it into their heads to dine with me, the Lord Mayor and the Church and many of the soldiery, and some young rakes, who made a shift to be demure for an hour or two. I sent for the city cook and did the best I could for them. The brave Captain Thornton, piping hot from Scotland, was one of my company. He is of opinion the Rebels will fight the Duke, and such a rooted contempt has he for our soldiers from the battle of Falkirk, which he was present at, that he says they will not. He is in raptures with the Duke.... The Captain thinks a regiment or two of Yorkshire militia would do the King's business at once. The man is an oddity but, me- thinks, it would be a right thing to please him with a little rank; for he has a good estate and becomes a broad French belt and an Highland broadsword and plaid, which he brought away with him.... Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 218.] Camp of Inverness, April i8l/i, 1746. My Lord, Lord Bury's^ departure was so sudden after our arrival in this town, that I had only time to tell the good news and sign my name, without entering into particulars ; and tho' I take it for granted many better accounts than mine will reach your Lordship's hands, yet as a partaker in that glorious day of liberty, I can't help telling the story myself I wrote to your Lordship from Nairn Camp on the 15th, our hero's birthday-, where we had halted in order to refresh our men after the fatigues of several long marches, and to make the proper dispositions for what might happen the next day, tho' many believed it would have ended in nothing. His Royal Highness that evening, after having given his orders for the manner the army should march the next morning, assembled the commanding officers ' Eldest son of the second Earl of Albemarle and aide-de-camp to the Duke. ^ The Duke's 25th birthday. 522 THE REBELLION of every regiment, told 'em the possibility there was of coming to an action the next day with the Rebels, the method he would have everyone of them observe in leading up his regiment, and what he expected from them, and assured them of victory if they observed his orders. The Rebels, whom we knew to be what they call encamp'd (i.e. sub Dio) near Culloden, the President's^ house, in expectation of our marching towards Inverness that day, finding on approach of night, that we did not advance as they expected, imagined that, as it was a holiday with us for the Duke's birth, we should be all drunk in our camp, and fall an easy prey to their swords. Pleas'd with this idea, they put themselves in march to attack our camp in the night. Our scouts and patroles, that were advanced four miles from our camp, brought us intelligence that some of the Rebels had come within 5 measured miles of our camp, but were all gone back ; and we found afterwards that the column, which Lord George Murray led, had lost their way in the dark, which had obliged them to return to Culloden in a good deal of hurry and confusion. On the i6th, at 4 o'clock in the morning, H.R.H. began his march from the camp in 4 columns, three of foot and one of cavalry, the artillery following the great road. About 5 miles from our camp, on an alarm given by some of our light parties in the front, that detachments of the Rebels were in sight, the Duke made the army form immediately in line of battle, which they did with that ease and alacrity as surprised every spectator, and gave the greatest hopes of future success. This alarm, however, proving false, the army was again reduced into columns and continued its march. A second alarm of the like nature, about 3 miles further, occasioned a second ranging the army, with equal skill and alertness. As we drew nearer Culloden, two or three honest persons, who had been sent for that purpose, returned and informed the Duke that the Rebels were formed with their right to the water of Nairn, and their left to the sea, having the parks (i.e. the grounds enclosed with stone walls) of Culloden in the rear of their left, intending, as the English army marched along the high road to Inverness, to take 'em in flank, or fall upon the head of their march ; and the better to conceal their purpose and lull us, if they could, into a fatal security, they, contrary to their usual caution, sent out no hussars nor people to reconnoitre us, in hopes that we, deceived by the quiet that reigned all about us, might at once fall into the snare they designed us. This information was enough to determine H.R.H. what method to take to disappoint their design, and make it turn to their own confusion. He with great skill and military genius changed in an instant the disposition of the march, and leaving the great Inverness road on the right, continued moving over the hills, called Gladsmuir, till we came within a mile and a half of the enemy, when we drew up again in order of battle, and marched forward so formed towards the Rebels. As we drew near, ^ Duncan Forbes, Lord President of the Court of Session. DEFEAT OF THE REBELS 523 I could observe this manoeuvre of ours had caused a good deal of confusion amongst them, and they seemed to incline more to the water of Nairn. This inclination of theirs being observed, our left continued stretching out that way too ; and at the same time Lieut. General Hawley and Major General Bland, with 5 squadrons of dragoons, unperceived by them, crept along on the side of the descent to the river, in order to fall upon their flank if they should, according to custom, endeavour to gain one of ours. This had, as will be seen after, the desired effect. When we were within 3 hundred yards of the Rebels, they fired from the battery of 4 pieces of cannon, which they had in their centre, but with little or no effect. However, our artillery was immediately formed between the intervals of our battalions ; at the same time the Duke, for fear the Rebels might outflank us on their left, ordered up Pulteney's regiment and two squadrons of Kingston's from the reserve, and one squadron of Mark Kerr's from the left, to the front line, on the right of the Royal. When our cannon had fired about two rounds, I could plainly perceive that the Rebels fluctuated extremely, and could not remain long in the position they were then in without running away or coming down upon us ; and according as I thought, in two or three minutes they broke from the centre in 3 large bodies, like wedges, and moved forward. At first they made a feint, as if they would come down upon our right, but seeing that wing so well covered, and imagining that they might surround the left because they saw no cavalry to cover it, two of these wedges bore down immediately upon Barren's and Monro's regiments, which formed the left of the first line ; and after firing very irregularly at a considerable distance, they rush'd furiously in upon 'em, thinking to carry down all before 'em, as they had done on former occasions. However, they found themselves grossly mistaken ; for tho' by the violence of the shock Barrell's regiment was a little staggered, yet Major General Huske (who commanded the second line), perceiving where the weight was felt, rode up to the regiment, and bidding the men push home with their bayonets, was so well obeyed by these brave fellows, that hundreds perished on their points. At the same instant, the Rebels who came round the left of Barrell's, and in the pell-mell broke through the line, met their fate from the fire of Wolfe's and Ligonier's on the left of the second line. The broad swords succeeding so ill, the Rebels turned their backs, and in flying were so well received by the cavalry under Hawley and Bland, who had broke down two dry stone walls, and unperceived had gained their rear, that a general rout and slaughter ensued among them. To all this on the left I was an eye-witness ; for the Duke's piercing eye, discerning how hard the left was pressed, sent me thither to order Major General Huske to remedy it from the second line. In the meantime, that wedge which was de- signed to fall on our right, after making 3 feints, as if they were coming down upon us, in order to draw away our fire, seeing that 524 THE REBELLION the right kept shouldered with the greatest coolness, and the 3 squadrons were moving towards their flank, followed the example of their right wing and fled for it. Immediately the horse were in amongst 'em, and the lines of foot advanced with shouts of victory and with the regularity of well disciplined troops. To describe the slaughter and confusion of the scoundrels requires a pen as much abler than mine as the arms that dealt death to the Rebels were stronger ; but so glorious a ruin eye never saw before. The remembrance of former wrongs, the barbarity with which our prisoners had in general been used, and the glorious desire of recovering lost reputation, infused such spirits in the breasts of all, that had not fear added wings to their feet, none would have escaped the edge of the sword. The Pretender, as soon as ever he saw how the day was likely to turn, instead of endeavouring to rally his people, or make the least stand, after being witness to the flight of the Lowlanders and French, who composed the second line, without their ever approaching us, with the few horse he had, galloped off for the mountains. Major General Bland pursued quite to Inverness and there made prisoners of war a great number of the French, whilst Lord Ancram, with the squadrons of the right, pursued to the hills on the Nairn, and was followed for about 3 miles by the lines of foot, making a continual slaughter. Lord Kilmarnock, on foot by himself, fell on his face and begg'd for quarter, which was granted him with difficulty. They left on the field all their cannon, which were 12, several colours, and numbers of all sorts of arms. There were killed in the field about 2000, besides the wounded who crept away, many of whom have been since taken, and we have about 1000 prisoners. Amongst the killed of note are Lord Strathallan\ Col. McLachlan^ Col. Chisholm, Col. Mcintosh, Col. Frazier, McDonald of Keppoch^ Lochiel'* and numbers of others. On our side (which will hardly be credited) 44 only are killed and about 250 wounded. Lord Robert Kerr killed with his spontoon in the heart of a Rebel. Col. Rich much wounded, and about 10 more officers killed and wounded. It were endless to enumerate the prisoners ; besides your Lordship will have an exact account from H.R.H. Yesterday a detachment of 600 was sent into the country of the Mclntoshes, which have destroyed the goods and tackling of husbandry belonging to the Rebels, and have brought in about 6 or 700 cattle and sheep. And this morning Brigadier Mordaunt ^ William Drummond, fourth Viscount Strathallan (1690-1746), had taken part in the rebellion of 1715 and was captured at Sheriffmuir, but escaped punishment. He was placed at the head of the rebel forces in Scotland during the Prince's march into England, and commanded a squadron at Culloden. ^ Lauchlan MacLachlan, chief of the clan Lauchlan, had been present at Prestonpans and Falkirk and in Scotland with Lord Strathallan. ^ Chief of the Macdonalds of Keppoch whom he led in the battle. ■• An error; he was severely wounded but escaped abroad and died in 1748. See p. 437 n. REJOICINGS 525 went into Lord Lovat's country to reduce them by fire and sword. Lord Cromertie and his son, with 100 men are taken in Rossshire, and the loyal people in the North are rose to knock the fugitives of the head. The Pretender is gone towards Lochaber, and I hope in a little time we shall clear the whole country. As I havn't time to correct what I write, I am afraid your Lordship will think me unintelligible ; but I must beg you would excuse it, and make up what is wanting in mine from the more correct accounts of other people. I congratulate your Lordship and the whole nation on this glorious beginning of the heroic Prince who leads us, and pray to the Almighty that he may continue to establish his Father's throne, and live the darling of a free people. I have the honour to be with the highest respect, Your Lordship's most obliged, dutiful son and servant, Joseph Yorke. My humble duty to Mama, whose spirits I hope this will revive. Love and compliments to all. [Accompanied by a "rough" sketch in pencil of the battle "taken on the spot." See also H. 541, ff. 105 sqq. where there is another pencil sketch with more details and a white cockade from the field of battle, inscribed "With Charles, our Brave and Merciful P. Ro. We'll greatly fall or nobly save our Country," and ff. 111-113, fair plans of the battled] Lord Chancellor to Col. the Hori. JosepJi Yorke [H. 6, f. 223.] Powis House, April 2Cfth, 1746. Dear Joe, My time has been so taken up these two days with drawing motions, addresses and resolutions of thanks^ where they are most justly due, that I have barely time to thank you for your two letters. I never felt so much joy in my life as I did upon your billet by my Lord Bury; and I thought it incapable of any addition till your next, of the i8th inst., which proves the Duke's success to be so far different from that of others, that instead of falling short of the first accounts, it grows upon our hands, and every day adds to the glory of it. Never were so great and universal rejoicings seen in the metropolis, and the good affection, zeal and spirit of the people is raised beyond expression. And indeed, there is reason for it; for this victory has in it all the » Cf..the account in A. Lang's Hist, of Scotland, iv. 509 sqq., who prints a reduced facsimile'' of Col. Yorke's sketch, and discusses the accuracy of some details in it, PP- 524-5. He gives the numbers as 881 1 British with 18 guns, and reckons the High- landers as not more than 5000. '•* H. 521, f. 128 and H. 240, f. 216. 526 THE REBELLION circumstances one could wish. The rout so total ; the loss of our own officers and soldiers so small ; their behaviour so gallant and firm ; and the whole performed by our national troops alone, led on by a son of the King. God be praised for all this. How much we think ourselves indebted to H.R.Highness, the universal voice of the people, and the addresses and resolutions of both Houses of Parliament, will testify, tho' not in a manner adequate to what we feel. I enclose you copies of the Lords' Address, and of their Resolution of Thanks to the Duke, which I have the honour to transmit in form to His R.H. by this messenger. You will observe what is pointed at in one part of the Address ; and I doubt not it will end in an honourable settlement upon His R.H. When you see that of the Commons, you will find the words more explicit, as things of that nature must first move from them^ The Duke may depend on the most zealous and active endeavours of his faithful servant. I am much pleased with your ample and clear narrative of the action, which, I fancy, I understand much the better for your sketch, which is very intelligible. I hope the affair is over, and this villanous attempt crushed at once. Lord Justice Clerk adds a circumstance in his letter of Saturday last, that Lord John Drum- mond (as he is called) sent orders to the French officers and soldiers to surrender themselves, which looks as if he was convinced there was no further use of them. I had writ thus far, when your letter of the 23rd came in ; and am glad to be confirmed by it in the opinion just mentioned. Orders are sent for the Hessians to embark immediately for Flanders ; and it is submitted to the Duke's judgment whether the four battalions under Skelton may be spared. You know I am one that love to make this great game secure, and think it cannot be too secure ; and therefore hope nothing will be done prematurely. I am as full of admiration of H.R.H.'s calmness and prudence in the preparatory steps to, as of his valour and conduct in, the battle. His patient waiting till he was quite prepared ; his prudent enduring all the disagreeable circumstances thro' which he has struggled to this victory, fill my mind with the highest idea of him. You guess'd right at the high spirits your good mother would be in. She never was so elated in her life. We all rejoice much in your safety. ^ The Duke was given a pension of p^^^SjOOo a year in addition to his former one of ;^ 1 5,000. 'COMPLETION OF THE GREAT EVENT" 527 We shall now be proceeding by laws. This day a bill of attainder, with about fifty of the principal names, was brought into the House of Commons ; but I believe your two peers that are in custody will give us the trouble of a trial by the House of Peers. All your friends here send you their kindest love, and most cordial congratulations. Your Mother joins in her blessing with me, who am ever your most affectionate Father Hardwicke. Make my best compliments to my Lord Albemarle, General Huske and all my friends, with my hearty thanks. P.S. ...Since writing what goes before, the Duke of Newcastle has been with me, and upon the Duke's letter the orders about the Hessians are suspended, and I believe the whole will be left to H.R.H.'s judgment and consideration. But this will delay the messenger till tomorrow. Tuesday late at night. P.S. As I found your account of the 1 8th so particular, I knew the King would like to see it and there- fore sent it to him. How much His Majesty was pleased with it you will see by the answer, which he was so gracious to write in returning it. My billet was as follows : As the enclosed letter may possibly contain some minute particulars of the late glorious day, which your Majesty may not have met with in other accounts, I humbly beg leave to lay it at your Majesty's feet. I the rather flatter myself to be pardoned by your Majesty for this trouble, as it is accompanied with a rough sketch of the action, drawn on the Field of Battle, May I presume to add my most dutiful and joyful congratulations on this great occasion, with my most ardent wishes that God Almighty may prosper all your Majesty's undertakings with equal or (if possible) still greater success. Hardwicke. April 261/1, 1746. I thank you, my Lord, for this very pretty description of the Battle, and for all the good wishes you have added to it. George R.^ 1 II. 541, r. 109. 528 THE REBELLION . Since that his Majesty has had it again to peruse, and has said so much in its commendation to the Princess Amalie and the Duke of Newcastle as well as to myself, that I should be in danger of making you vain by relating it. He wants mightily to have it printed in some of the daily papers, tho' without a name; but upon this I demur at present for obvious reasons. Col. the Hon. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 124.] Camp of Inverness, April loth, 1746. Dear Brother, I hope the apprehensions of the terrible Highlanders is by this time a little abated.... The prudence which directed our steps till the day of action is, I think, sufficiently justified by the event. Nothing could be carried on with more exactness, spirit and circumspection than H.R.H., to his immortal honour in the annals of British history, has conducted this whole affair ; and I flatter myself that this is the last time blood will be shed in the field by fellow subjects of this island. The completion of this great event depends now on the unanimity and despatch of your House Since the battle our time has been taken up in hunting out the Rebels who made their escape from our fury that day, and in examining the papers found in the baggage and pockets of the officers killed and taken. ...If you were with us, I believe you would once in your life be tired of original papers.... It is very evident, I think, from such as I have perused that the Rebels never seem to have had any settled scheme or formed plan of operations but were, by all I can gather from their own accounts, guided wholly by events and the circumstances arising from daily occurrences ; for neither in case of success nor defeat had they determined on what method to proceed, but referred all to the chapter of accidents. Disputes, jealousies, doubts of one another are on all sides plain which, with the total want of order, discipline and economy, must have made a hell upon earth The French and they were con- tinually jarring and I am firmly persuaded, had they been numerous enough, the French would have saved us a great deal of trouble by putting an end to the Rebellion themselves ; for they could not endure one another and every letter they wrote during the time they were amongst them, are filled with complaints of their brutality and total want of obedience and discipline.... The Young Pretender is still lurking about in the Highlands, either in the Camerons country or in the Isles, where he first landed. The Duke of Perth and Lord John Drummond are, as I hear, the only people at present with him. When we move, we shall do our best to ferret him out, and if we can't send him to his long home, endeavour at least to rid the island of him.... I long to hear you have begun to make some laws for this THE VALUE OF PUBLIC PEACE 529 country, which absolutely till this time have [has] been without any, or governed by the impositions of the Highland scoundrel chiefs. You must never expect to see a total end to the rebellious spirit of this country till the Highlanders are unclanned, undressed, effectually disarmed and taught to speak English.... Joseph Yorke. Archbishop of York to tlie Lord Chancellor [H. 250, f. 208.] BiSHOPTHORPE, Ap: 30: 1746. My Lord, Give me leave to interrupt you for a moment to congratulate you on this great event in Scotland. This brave young man has done his country and family incredible service, and one cannot help envying the Father the pleasure he must receive from such a son. I congratulate your Lordship too on account of the ease and tranquillity it must bring to you after a winter of so much pains and anxiety ; and your Lordship will give me leave to share with you a little in your joy for the safety of Col. Yorke, who I daresay has acquitted himself as became him. For my own part, I own I find myself a great deal lighter, and feel by an experience, what I knew only in speculation before, the value of public peace and the blessings of a gentle government. It is now in the power of our great men to give stability to the King's family and our happiness....* * H. 98, f. 1 ; H. 75, f. 24. I cannot help expressing my surprise that my Father collected no more papers relative to the Rebellion of 1745, the Dunkirk invasion and other overt acts which preceded it. He knew everything that passed then and the scene was an interesting one. The letters intercepted on board a felucca by one of Admiral Mathews's cruisers in 1742 or 3, together with other Jacobite intelligence, one might have expected he would have obtained copies of. They may be met with among the Duke of Newcastle's papers, together with the intelligence procured from a person at Paris, which cost government £6 or ;i^ 10,000, paid by Mr Thompson, then our Resident there. On that paper Col. Cecyl, Lord Barrimore, etc. were taken up. Against the former a very curious indictment for misprision of treason was prepared by Mr Masterman of the Crown Office, but never preferred or found. Lord M[ansfiel]d knows more of the secrets of that time than anybody, and I heard him say some years ago that the reason why Col. Cecyl's prosecution was dropped was that it was discovered from his papers that he had been formerly a spy for government and employed by Sir R. Walpole. He was also a known agent of the Jacobites, consequently a double spy. H. [Papers may have been destroyed for reasons of prudence. Many persons had given assurances of their fidelity to James and among these was said to be the Duke of Bedford, A. Lang, Hist, of Scotland, iv. 438. The scantiness of the correspondence with the Duke of Newcastle at this period is possibly explained by the Chancellor's prolonged stay in London this year. According to A. Lang, Hist, of Scotland, iv. 436, Walpole is said to have wormed secrets out of the Jacobite agent in England, Colonel Cecil, by pretending to be of that party. This and the statement in the text probably explain the mysterious communications between the I'retender and Walpole. See above, pp. 204 w. , 397. For Lord Barrymore see above, p. 304 n.\ Y. 34 CHAPTER XV SCOTLAND : DISCIPLINE AND GOVERNANCE The battle of Culloden had finally destroyed the hopes of the Jacobites in the field, and Prince Charles himself had fled, aban- doning the cause ; but there still remained for the victorious party the difficult task of suppressing the scattered elements of rebellion and of restoring order. This necessary work was accomplished with thoroughness and severity and, according to some writers, with cruelty. It is certain that war, and this was still war, cannot be carried on without entailing great misery and privation, not only upon the guilty but also upon the innocent, and it is the common experience that such misfortunes lose nothing in their retailment by the sufferers. But it has been reserved for our own times to show to what depths of falsehood and slander may be carried statements invented or exaggerated by the defeated party, when made use of by the factious and unprincipled to attack and embarrass those responsible for the administration, and even those actually fighting for their country in the field : and the recent experience of such unscrupulous calumnies, the wide credence given to them, and their support by persons even in the first rank of public life, who happened to be opposed to those in authority, are a warning not to credit or accept similar accounts in similar circumstances without strict proof and indisputable evidence. It is clear, however, that the Duke of Cumberland made the great error of treating the rebellion as a national movement and branding the whole Scottish people with the common charge of disaffection. This conception was a false and dangerous one. He thereby pandered to the unreasoning popular jealousy of the Scots felt in England, so much deprecated by the Chancellor as an obstacle to the real union of the Kingdoms ; and neglected the THE DUKE'S ORDER AFTER THE BATTLE 531 elementary rules of true statesmanship which must ever be to distinguish, to reduce antagonists to the smallest number possible, and not to drive friends into the ranks of foes. He returned to England to instil unmerited prejudices into the mind of the King against Scotsmen in general, which were only too eagerly caught up ; and it was through the Duke's influence that many of the Scottish leaders, who had remained at their posts and had given valuable support to the administration during the crisis by exerting their influence over the Clans, were ungratefully and unjustly excluded from all favours and rewards. Duncan Forbes, the great President of the Court of Session, died without any recognition of his services and without even, it is said, the repayment of the money which he had advanced in the public interest. Lord Glenorchy did not obtain his election to the House of Lords as a Peer of Scotland till 1752, and the King's consent was accompanied, to the Chancellor's extreme vexation and indig- nation, by harsh expressions and accusations of Jacobitism ; while his petition for an English peerage was bluntly refused ^ The Duke of Cumberland remained himself in Scotland till July 18, 1746, and superintended operations. The accounts of the indiscriminate slaughter said to have been carried out after the battle of Culloden appear to be disproved by the fact that com- paratively so large a number of prisoners as 1000 was taken-. The Duke, however, issued an order on the day following, April 17, for " A captain and 50 foot to march immediately to the field of battle and search all the cottages in the neighbourhood for Rebels ; the officers and men will take notice that the public orders of the Rebels yesterday were to give us no quarters^." This has been deservedly reprobated, as giving an opening and encouragement to brutal and cold-blooded acts of revenge ; and it is at least extremely doubtful whether the order referred to by the Duke in justifying his reprisals ever emanated from the Jacobite commanders^ 1 pp. 553 sqq. See also Life of Duncan Forbes, by J. H. Burton; J. Ramsay's Scotland and Scotsmen, i. 54 and ii. 498 ; Cumberland to Newcastle in Coxe's Pclham, i. 299 sqq., ii. 412; H. 102, f. 121. 2 pp. 540 sqq. 3 Col. J. Y.'s Orderly Book, H. 909, f. 60; Lord Elcho's Sho7-t Account (Charteris, 1907), app. 461. * See the order, H. 541, f. 95 b in Lord George Murray's handwriting in which the par.igraph : "and to give no quarter to the Elector's troops on no account whatsoever," does not appear; nor does it in that amongst the D. of C's papers at Windsor (Lord Elcho's i'^or/ Account, as above); nor in the two copies in the MSS.of the Duke of Atholl,. 34—2 532 DISCIPLINE AND GOVERNANCE That the Highlanders, however, had resolved to give no quarter and that they were guilty of cruelties was a common belief in the British army. On December ii, Col. Yorke, when on the track of the retreating rebels, writes positively of their " horrid cruelties." On December 19, he declares that the rebels attacked at Clifton crying out "Murder 'em: no quarter," and on April 18, 1746, in describing the battle of Culloden, he writes : " The barbarity with which our prisoners had in general been used... infused spirits into the hearts of all\" Lord Elcho, in particular, was accused of abominable outrages, and is said for this reason to have never obtained his pardon I According to the Archbishop of York, he was said to be a " monster in cruelty, for when he could not obtain cutting all the officers to pieces after Cope's defeat, he; moved to have them hanged, and when that was not relished to have their right hands cut off, and if not that, their right thumbs^" It is also in Lord G. M.'s handwriting (see Athenaeum, March 1 1, 1899, p. 309 and Hist. MSS. Comtn., Duke of Atholl, 74). It is evidently an interpolation — according to the writer of the article in the Athenaeuvi — by some unscrupulous partisan of the Government ; but, as it is allowed that at least thirteen of these orders were distributed and as the discipline of the Highland army was exceedingly lax and Lord G. M.'s command disputed and unpopular, it is not at all unlikely that the paragraph may have been added by some of the Jacobite commanders. It was published in the Edi7iburgh Courant immediately after the battle, and other newspapers, e.g. Scots. Mag. viii. 192, followed suit. See also An Impartial History of the late Rebellion, by S. Boyse, 160; and A Journey alone with the Army by a Volunteer {1747), 162. It is also affirmed in a letter from Wolfe, written on the day after the battle, who adds " We had an opportunity of avenging ourselves, and I assure you as few prisoners were taken of the Highlanders as possible." Life, by R. Wright, 85. Cf. Lord Kilmarnock's statement, Hist. Papers (New Spalding Club, 1895), i. 323 and also the conversation between Lords Balmerino and Kilmarnock before mounting the scaffold. Balm. : Did you ever see or know of any order, signed by the Prince, to give no quarter at the battle of Culloden? Kilm.: No, my Lord. Balm.: Nor I either: and therefore it seems to be an invention to justify their own murder (or murderous scheme). Kilm. : No, my Lord, I do not think that this inference can be drawn from it ; because while I was a prisoner at Inverness I was informed by several officers that there was such an order, signed Lord George Murray, and that it was in the Duke's custody. — Lord George Murray, replied Lord Balmerino, why then they should not charge it upon the Prince." State Trials, xviii. 511 and also 524-5. It is denied also by James Maxwell, see his Narrative (Maitland Club, 1841), 169; see also T. L. K. Oliphant, The Jacobite Lairds of Gask, 472, 476. Another order of the Duke's, dated February 20, 1746, to Capt. Campbell of Knockbuy, "to attack the rebels and give them no quarter" has been preserved. Hist. MSS. Comm., Duke of Atholl, 74. ^ Above, pp. 479, 486; the Chevalier de Johnstone, aide-de-camp to the Prince and to Lord George Murray, himself gives one instance, Mem. (1822), 88; and see Lord Malmesbury's Letters, i. 48, concerning similar acts by Lord Cromartie, testified to by eye-witnesses; List of Persons conce^-ned in tJie Rebellion (Scottish Hist. Soc. Pubns. viii. 1890), 400; Add. MSS. 15,955. f- 45- 2 Short Account of the Affairs of Scotland, by David, Lord Elcho, ed. by E. Charteris, 10 /• 3 H. 541, f. 91 ; also A. Carlyle's Autobiog. 142. CHARGES OF ATROCITIES 533 impossible now to prove or disprove such statements, but it is most probable that they were at least highly coloured by fear, by the angry passions aroused in war and by political prejudices. It is certain at least that many of the tales circulated in England to the discredit of the Duke of Cumberland were false. If his brother, writes Col. Yorke, on March 14, 1746, hears any stories of cruelties, he is to trace them to Scotsmen or Scotswomen. On April 7 Charles Yorke speaks of the " lies dispersed everywhere, as being innumerable." The Duke of Cumberland, it was declared, counte- nanced great enormities, while his aides-de-camp sat up drinking till 4 o'clock on Sunday morning, enticed Presbyterian ministers to their revels and then beat them\ Writing to his brother in Scotland on April 17, Philip Yorke refuses to put to paper the lies spread about concerning the Duke and the army. " The best way is to despise such impotent malice and to shame both the knaves that invent and the fools that believe with silence, if one cannot into applause, by a steady perseverance in well-doingl" Horace Walpole, who generally writes severely of the Duke at this time, states : " The Scotch, the Jacobites and his brother's jealousy never rested till they had propagated such stories of his tyranny and severity as entirely lost him the hearts of the nation ^" According to Lord Waldegrave, the calumnies against him were increased by the Prince of Wales's malicious intrigues'*; and these tales found a too ready credence among the public, who imagined that all danger to the state had been removed by the defeat of the rebels, and in whose minds took place a sudden revulsion from fear and hatred to pity for the unfortunate Highlanders. '"Tis strange," writes Edmund Burke on April 26, 1746, immediately after the battle of Culloden, "to see how the minds of the people are in a few days changed. The very men, who, but a little while ago, while they were alarmed by his [the young Pretender's] progress, so heartily cursed and hated those unfortunate creatures, are now all pity and ' Above, p. 518 : and the Jacobite James Maxwell's Narrative (Maitland Club, 1841), 168; also R. Chambers, Hisl. of the Rebellion (1869), 308 etc.; and Marchiiiont Papers, i. 208, and for the emphatic contradiction of such tales below, p. 552 ; for the refutation of one abominable calumny see F. H. Skrine's Fontenoy, 301 ; and see James Bradshaw's declaration with details, "on the word of a dying man," of the Duke's supposed cruelties, who however appears to have been crazy. Hist. A/SS. Comm., Lord Kenyon, 477 State Trials, xviii. 415. '■^ Above, p. 513 «. * George II, i. 102. ^ Memoirs, 22; and see Life of the Duke of Cumberland by A. Henderson (1766), 260 S(|(|. 534 DISCIPLINE AND GOVERNANCE wish it could be terminated without bloodshed. I am sure I share in the general compassion^" Such sentiments are only natural and creditable, but those in authority, who are responsible for government, have public duties to perform beyond the satisfaction of such private feelings — duties which must sometimes include the painful measures of punishment and repression. The Duke of Cumberland was not naturally an inhumane man. There was a pleasing story of his thoughtful kindness to a wounded Frenchman at Dettingen-. At Fontenoy he had shown tenderness of feeling and a natural grief at the loss of so many brave men^ At Carlisle he had acted with humanity towards the captured garrison^ But he was opposed on public grounds — and it is probable that he was right — to the leniency which had been shown in vain in the former rising in Scotland, and which was now urged in particular by President Forbes, who indeed gave a very luke- warm support to the later necessary reforms^ The Duke insisted on drastic measures for stamping out the last vestiges of armed rebellion. " As yet," he writes of the President to the Duke of Newcastle, on April 30, " we are vastly fond of one another but I fear it won't last, as he is as arrant Highland mad as Lord Stair or Crawford. He wishes for lenity, if it can be with safety, which he thinks but I don't"." This, and other speeches of the Duke, have generally been quoted as evidence of brutality and cruelty, as if lenity and humanity were synonymous terms, and as if a person in the Duke's office had no public duty to perform. "Do not imagine," he writes to the Duke of Newcastle, on April 4, 1746, "that threatening military execution and many other such things are pleasing to do, but nothing will go down without it in this part of ^ Correspondence, ed. by Lord Fitzwilliam (1844), i. 17; and see p. 540. - A. N. Campbell Maclachlan, Military Life of the Duke of Cumberland, 18 ; H. 257, f. 176, P. H. Cornabe to P. Y. December 27, 1743, N.S., Vienna: "For my part I was transported with joy when I heard of His Highness's noble and generous behaviour towards the wounded enemy he met with going to his tent to have his leg dressed. I do not remember anything finer in history." 3 pp. 399, 407. ^ Coxe's Pelham, i. 272. ^ Culloden Papers, No. 332 ; and below, p. 592. * N. 22, f. 128; and Marchmont Papers, i. 242. According to the Jacobite Lyon in Afourning '^ the Duke of Cumberland alluded to the President as 'that old woman who talked to me about humanity ' and replied to his protests : ' The laws of the country, my Lord. I'll make a brigade give laws, by God'." But even Lord Tweeddale had suggested to the Lord Advocate the advisability of acting without the President, on account of the latter's fixed dislike to strong measures. G. W. T. Omond, TAe Lord Advocates of Scotland, ii. 12. MEASURES FOR SUPPRESSING THE REBELLION 535 the worlds" Writing on June 3, 1746, Colonel Yorke describes the method of dealing with the rebels. Those who gave up their arms, were registered and allowed to remain in their homes, the Clan being made responsible for every individual ; but those who refused and continued in rebellion, were pursued and killed, their cattle and goods confiscated, and their houses destroyed-. Military operations cannot be carried on under the conditions of peace'', and it is clear that no order or government could be restored without severities of this kind, while the leader of Jacobite enthusiasm and disorder was still at large, able to collect about him more followers, or while the roving bands of armed men remained unsuppressed ; and the manner of proceeding had the Chancellor's full approbation^. Nor could these methods form a subject of legitimate complaint by the enemy, who, if we may believe Lord Cromartie's account, had practised the same, or worse and more indiscriminate measures ; and whose orders had been to levy money and men, and to procure food by force, and in case of refusal " to use all manner of military execution by burning houses, destroying cattle and other severities V Even so staunch a Highlander as Forbes allows that "in the course of the rebellion, numberless excesses were committed by the Rebels by which innocent subjects suffered •*." It is probable, however, that the wise distinction, laid down in Col. Yorke's letter, was not always preserved by subordinates in the heat of pursuit^ and that considerable hardships were suffered by individuals, though acts of military tyranny were often successfully restrained by the civil power, and private and unauthorized marauding expeditions, when discovered, were punished with the severest penalties by the Duke^. ^ Coxe's Pelham, i. 300. ^ P- 543 ; a"d also H. 541, f. 125 where Col. Y. replies to the complaints of the Duke of Montrose's factors concerning the depredations of the troops in the Macgregor country, showing the necessity of punishing those robbers and offenders. These very men are complained of by Lord Glenorchy, see pp. 539, 545- 3 Cf. the following in the House of Commons, February 19, 1908, which had reference to a punitive Indian expedition.— Mr Lupton (L. Sleaford): "Is it in accordance with humanity that the troops should destroy houses and carry off the corn and cattle of the inhabitants of the valleys?" Mr Morley : "If my hon. friend thinks that military operations can be conducted on the principles which regulate our own pacific relations, I am afraid his idea is a chimerical one." (Cheers.) * H. 6, f. 234. « State Trials, xviii. 527. " Culloden Papers, 283. ' See p. 545; J. H. Burton, Hist, of Scotland, viii. 493-4- 8 J. H. Burton's Hist, of Scotland, viii. 494 sqq.; see the Duke's orders in A. N. Campbell Maclachlan, Life of the Duke of Cumberland, 322 sqcj. For an instance of riotous conduct see Hist. Papers (New Spalding Club), vol. i. (1895) 273 sqq.; also 536 DISCIPLINE AND GOVERNANCE Such misfortunes are inevitable in war, and especially in war carried on in small skirmishes and by isolated bodies of troops. Lord Marchmont criticises President Forbes's " aversion to the military without considering the state of things," and states, "that the King's enemies sounded high every little slip of the army, to throw dirt at the Duke, who had acted with great ability and deserved the thanks of every friend the King had\" Taking as wide a view as circumstances and evidence will permit, not neglecting single incidents such as the Duke's lamentable order after Culloden but at the same time not dwelling upon them unduly and disproportionately, making large reservations in the tales of atrocities told by both sides and making large allowances for the different temper of the times, it does not appear, to the present writer at least, that any general or systematic cruelty was employed by the military authorities in suppressing the rebellion. In any case it is certain that once the revolt had been effectively crushed, the Government made a moderate and merciful use of their victory. An Act was passed enabling the rebels to be tried in England ; and later, in 1748, a law for the more impartial and effectual trial and punishment of treason in the Highlands (21 George II, c. 19) provided for the empanelling of jurors from the adjacent county and for the trial of the accused in the Court of Justiciary at Edinburgh, on application to the Lord Chancellor, instead of in the county where the crime was committed 2. The officers taken at Carlisle were executed on July 15. Of the 382 prisoners captured there, 33 incurred the death penalty, the majority of the rest being transported. Twenty-two persons were sentenced to capital punishment at York and others were con- demned elsewhere: in all about 80 in number appear to have suffered^ The rank and file who had taken up arms, mostly escaped punishment and were allowed to return to their homes on their surrender, or to embark for the Colonies, in extenuation of their crime. The chief strokes of the administrative power were aimed at the leaders of the rebellion, who failed to submit them- selves to justice on or before July 12, 1746, but even here great Scots. Mag. viii. 343 sqq. and The Jacobite Lairds of Cask by T. L. K. Oliphant, 201-2, with Col. J. Y.'s letter to Lady Gask, desiring particulars of complaints, "Every Gentle- man in the army is concerned that any violence is offered to the Fair Sex, and it is absolutely contrary to his Royal Highness's intentions," when the offender lost his commission. ^ Marchmont Papers, i. 191. * p. 551 ; Statutes at Large, xix. 224. 3 J. H. Burton's Hist, of Scotland, viii. 496. I PAINS AND PENALTIES 537 leniency was exercised. Forty-three were attainted by Act of Parliament^, but the great majority of these escaped and few paid the penalty with their lives. Some were pardoned and the conduct of others, such as the Duke of Beaufort- and Sir Watkin Wynn*, who had been deeply implicated in the rebellion, it was thought wiser to ignore. Two executions, those of Charles Radcliffe in 1746 and of Dr Archibald Cameron in 1753, have been especially but unduly censured, as of unnecessary severity. The former, the youngest brother of James, earl of Derwent- water, executed in 17 16, had been also sentenced to death for his share in the former rebellion, but had succeeded in escaping, and became the young Prince's secretary abroad. Subsequently he paid several visits to England unmolested, but in November 1745 he was captured on board a French warship bound for Montrose and conveying arms and soldiers, and was executed by beheading on his former sentenced " It is impossible," writes Hallam, who has misunderstood the case, " not to reprobate the execution of Mr Radcliffe, after an absence of 30 years from his country, to the Sovereign of which he had never professed allegiance, nor could owe any except by the fiction of our law V But persons engaged in armed rebellion against their own or a foreign government take their lives in their hands ; and the condemnation on the former sentence involved no injustice and was the only procedure open to the law, since those already attainted could not be again tried for another offence". The case of Dr Archibald Cameron, a man of high character, younger brother of Cameron of Lochiel, by whom he is said to have been drawn into the rebellion, excites more legitimate compassion and roused Dr Johnson to pronounce an invective against George II's supposed cruelty''. His share appears to have ^ For their names see State Trials, xviii. 640. H. 240, ff. 306, 335, 342. 2 Charles Noel Somerset, fourth Duke of Beaufort (1709-1756). * Sir W^atkin Williams Wynn (1692-1749), known as the "Great Sir Watkin," on account of his influence in North Wales, was one of the leading Jacobites of the day and a most bitter adversary of Sir R. Walpole ; M.P. for Denbighshire. See above, pp. 76, 424. * State Trials, xix. 733; Sir M. Foster, Report of Proceedings in Crown Cases, 40. ' Const. Hist. (1854), iii. 230 n. 6 Cf. the procedure in Sir Walter Raleigh's case, which has been similarly misunder- stood. 7 Boswell's /;?/« o//^/4mxw (Birkbeck Hill), i. 147; Sir M.Foster, Report of Proceedings in Crown Cases, 109. 538 DISCIPLINE AND GOVERNANCE been chiefly non-combatant and to have been confined, for the most part, to medical attendance on the wounded and to aiding the Young Pretender's escape. Subsequently, however, in January 1747, he came over in a French ship which landed arms, and had interviews with the Jacobite leaders; and in 1753 he was captured in Scotland and executed, as had been Charles Radcliffe, upon his former attainder in 1745, by hanging without the usual cruelties. But there was a special cause for the severity shown by the government in this case. This was the knowledge that the prisoner was in this last journey concerned in a new and dangerous project of rebellion, supported by Frederick of Prussia, whose emissary he was, and who was preparing to send arms to Scotland to kindle the flames anew. " When he lost his hazardous game," writes Sir Walter Scott, " Dr Cameron only paid the forfeit which he must have calculated upon\" The estates of the rebels were not permanently confiscated, as in 1715, but annexed to the Crown: they were all subsequently restored to their families and a large number of the principal Scottish followers of the Pretender were finally pardoned and allowed to return to their homes^. Even Horace Walpole cannot deny that the Government was " most laudably mild to its enemies^" Correspondence Lord Glenorchy to Col. the Hon. Joseph Yorke [H. 83, f. 80.] Taymouth, ird May, 1746. Dear Colonel, I return you many thanks for your account of the action. ...It was a decisive blow, and I hope His Royal Highness (whose name will be ever dear to all true lovers of their country), ^ H. 50, f. T19; H. 539, f. 3isqq.; Carlyle, Fred, the Great, Bk. xvi. Chap. xiii. who is misinformed and mistaken and ridicules the supposition; Walpole's George II, 333> 353 ^1^^ Letters, iii. 152, 170; James Browne, Hist, of the Highlands (1845), iii. 401 ; A. Lang, Pickle the Spy, 195 sqq., 222 sqq., and Sir W. Scott in the Introduction to Redgauntlet, who acknowledges that Cameron was engaged in a treasonable mission but whose statement that he was executed "with all the severities of the law of treason " is erroneous. Dr Cameron was hanged till he was dead, disembowelled afterwards and not quartered. State Trials, xix. 738; also below, 601 «., and vol. ii. 7. - A. Lang, Hist, of Scotland, iv. 522. ^ George II, i. 333; see also Forbes in Culloden Papers, 284-5. AFTER CULLODEN 539 will be soon released from the disagreeable labours he has gone through....! wrote to you... acquainting you that I had taken Count Mirabel and sent him to Perth ^ I have guards at several passes to intercept all who attempt to come through this country ; but notwithstanding all my care, some have passed in the night, and a body of 200 Macgregors went through in broad daylight, to my great mortification, that [? but] I did not expect it nor had arms to oppose so many. They went. . .into their own country of Balquhudder where they... endeavour to conceal themselves.... They ought to be extirpated from thence, being the most pernicious race of man- kind in being. If I can find any of the lurking holes of any persons of note, I'll acquaint you with it directly. I was informed that an officer of the Rebels, a Stewart, was come home wounded to his house, about 18 miles from hence. I would have sent a party to take him immediately, but upon enquiry I found his wounds were so bad he could not be removed. I had some people who kept a watchful eye over him in case of his recovery, but his death put an end to it. The tenants of a part of the Duke of Perth's estate joining to this, sent a deputation to acquaint me they would deliver up their arms to me. I told them I would receive their arms, but would make no promise of any kind to them ; but that the only way they could ever hope for mercy is by acting fairly in giving up their arms, and that His Royal Highness would then determine what he thought proper...,! am most truly, dear Colonel, your obedient, humble servant, GLENORCHY. Hoti. Philip Yorke to Col. the Hon. Joseph Yorke [H. 15, f. 126.] May the i-jih, 1746. [The House of Commons had passed a unanimous vote of thanks and money to the Duke of Cumberland.] My Lord went to Wimpole this morning for a week, if nothing unforeseen calls him up sooner, which I heartily wish may not ; for I really think the great load of business which lies on his shoulders has fatigued him of late more than usual, and the melancholy situation of affairs has made him more low spirited than he is apt to be. ! hope a few days quiet in the country will set him up again, but if he is obliged to continue in town the whole summer, as was his lot the last, ! dread the consequences of it to his health. It gives me some concern to reflect on the late hours he keeps at Cabinets. He has been engaged of late in consultation with the Scotch lawyers about a bill for regulating the Highlands and pre- venting that country's from being for the future a nursery for re- bellions. They say some scheme of that kind will be brought into ^ Mirabelle de Gordon, the French engineer, a ridiculous drunken personage who failed in everything he attempted. 540 DISCIPLINE AND GOVERNANCE Parliament soon after the holidays; for my part I believe the Duke to be the best political Doctor in this case.... I hope you will send up a cargo of the rebel manuscripts, and then such book worms as myself may have something to feed upon. The whole history of this rebellion is so strange a one, that whatever tends to clear up one's ideas of it must be very acceptable. For my part, now it is over, I am like one waked out of a hideous dream : the weight of horror is still upon me but I doubt the reality,... The Bill of Attainder is passed both Houses ; a day is given to those included in it to take their trials (I think six weeks). If they do not come in, they incur the penalties of the Act. Some of the witnesses were true Scotch and would scarce speak out. It is high time the prisons were exonerated of the vast numbers they contain and that the executions were got over, before this spirit of resentment cools ; I assure you a contrary one begins already to show itself The rebel Lords will be tried by indictments. I doubt the great offenders will escape ; but if they could be met with by the way and sent to the bottom, 'twould be the best of all. 'Tis, I am sure, no breach of humanity to wish the extirpation of villains who have brought such a scene of distress on their country, and all Europe besides. Yours, dear Joseph, Ph: Yorke. [H. 15, f. 128.] [Writing on May 22, 1746, to Philip Yorke from the camp at Inverness, Col. Joseph Yorke announces the march of the forces into the mountains the next day.] I, who had had the honour and satisfaction of observing the whole progress of H.R.H.'s conduct [at Culloden] and the most minute step[s] that led to that happy event, scarcely knew how to doubt of it ; though the stories that were propagated all around one, and the wicked methods that were taken to intimidate people, were enough to stagger anybody. Thank God it turned out as it did, and I hope His Royal Highness will still render the consequences more glorious. [The Pretender had gone off in a boat to the Isle of Lewis and was not likely to come back. The number still in rebellion was about 1 300.] The Chiefs have persuaded them that there would be no further search after their persons, that it would be impossible for the troops to get after 'em and that their Terror, the glorious Duke, would be ordered to Flanders and think no more about 'em. The truth of all this they will find it difficult to make good when our Red Coats appear in the heart of their country ; nor will all my Lord Lovat's absurd cunning (who is at the head of this after game of rebellion) be able to prove our absence when our bayonets glitter in their eyes, or are buried in their bodies. They have no meal for love or money in the country ; their only support is cattle, the blood of which dried they make use of as bread.... ROMANTIC SCENERY OF THE HIGHLANDS 541 Col. the Hon. Joseph Yorke to the Hon. Elizabeth Yorke {qfterzvards Lady Anson) [H. 39, f. 14.] Camp of Inverness, May 22nd, 1746. ...Were you in this country at this season of the year, you would leave off face painting and draw nothing but landscapes. To be here only for 2 or 3 hours in a day, without knowing it was Scot- land or seeing the nasty houses of the country and the more nasty vermin that inhabit 'em, would not be unentertaining to anybody. The variety of prospects, all romantic, that the eye takes in at one glance, is something one is not used to in England, where nature smiles for ever gay ; but here the scene is diversified with wide, dreary wastes of barren moor, thinly spread with miserable cabins, bounded, as it runs near the sea or rivers, with open fields of green corn and gentlemen's houses (the only spots where one has the pleasure of seeing any trees but the dismal Fir). This continues for many miles till the eye, carrying its sight over fine, green hills covered with sheep and oxen, is at last lost in an innumerable quantity of black mountains whose tops are covered with snow all the year round. The fleet riding at anchor near the shore, and the army encamped in the plain, don't take away in the least from the beauty of the prospect. Don't from this think me grown fond of anything I see here, for I am further from it than ever ; but I won't promise... that I mayn't grow romantic Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 230.] Camp of Fort Augustus, May 26th, 1746 at night. My Lord, We marched from Inverness the 23rd and encamped at a small village called Doores, at the east end of Loch Ness ; and the same night at one o'clock we struck our tents in order to have as much of the cool air for part of our march as we could, and arrived after a very fatiguing one at this place, the 24th, at 5 in the evening. To us poor Lowlanders, that are not used to inhabit barren rocks, the sight of such barren rocks and precipices was quite uncommon and well worth seeing once in one's life, but not more. Marshal Wade's^ road is very curious, and without it I hardly see how it could be possible for troops to march in any body. Major General Bland, who had been detached from Inverness with a brigade eight days before H.R.H. left it, sent a body of 600 regular foot and all the Highlanders under Lord Loudoun to attack the Rebels, who were about Lochiel's house in Lochaber, at ^ .See p. ■zss n. 542 DISCIPLINE AND GOVERNANCE the west end of Loch Arkeg. Lord Loudoun divided his people into two bodies in order to surround the Rebels, but appearing sooner than Col. Howard, who marched the other way, gave the alarm to the Rebels at a mile or two distant, who immediately stood to their arms ; and on the approach of the troops, after firing a {qw shot cross a river, took to their heels and fled to the mountains. Col. Howard, who was to have come behind 'em, fell in with a few of the rear and made an officer and lO men prisoners. The whole was about 300, mostly Camerons. Lochiel was carried off and with him went Murray the Secretary^ the two Barisdales and one Kennedy, a French officer. The Pretender's son was said to have been there likewise and to have fled with them. It is said he has been afraid to put to sea on account of the men at war ; how he means to get off I don't conceive. Yesterday the Camerons sent to .Lord Loudoun to desire they might bring in their arms and submit to the King's mercy, which they pretend they would have done before but were prevented by Lochiel ; 140 of the McPhersons brought in their arms this morning. The detachment that marched into Lochaber has frightened the country out of their wits, because they thought themselves not accessible to Red Coats ; but they will find their mistake. We get great quantities of cattle and burn and destroy some of the country, but I hope we shall destroy much more ; was it left to me I would not trust one of the Highlanders, for they seem inclined to screen ; and our soldiers, I will answer for it, have no inclinations that way, and can climb the rocks as well as they. I hope this country will soon be quiet again and obliged by force to remain so ; the weather is extremely fine at present and makes things go on smoothly ; we are in the heart of the vile race now, and I wish were to extirpate. I have the honour [etc.] Joseph Yorker Col. the Ho7i. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 130.] Camp of Fort Augustus, fum ^rd, 1746. Dear Brother, This country begins to feel a little the consequences of entering into an unprovoked rebellion, and from a very full con- viction, no less than fire and sword, are, I believe, persuaded that the King can, whenever he thinks proper, march his troops into the remotest parts of the mountains and punish 'em as he sees fit. This is a truth they never experienced before, because nobody but one of the Duke's rank and honesty could, or would, stand the clamour that a just severity must raise against him. ^ p. 547. =* See also f. 228. MEASURES FOR SUPPRESSING THE REBELLION 543 I am inclined to think that our work here will be pretty soon finished, though it must be confessed that these rascals die hard and force even-handed justice to return the ingredients of their poisoned chalice to their own lips with more rigour than might otherwise have been their lot, had they made their submissions in due time. The method taken with those who delivered up their arms, either to the ministers of the different parishes or the officers of the army appointed by H.R.H. for such service, is to register their names and places of abode, to make the whole of the clan answerable for each particular, and on the non-appearance of any one, the rest to forfeit everything. On these terms they are permitted to stay at home till the King's pleasure be known in what manner they shall be disposed of, without any promise or intimation given 'em that mercy is designed 'em. Such as do not submit on these conditions, are pursued and put to the sword as rebels in arms, their cottages and husbandry gear burnt and all their cattle drove away and disposed of. Numbers have endeavoured to get off by giving in a (qw old arms and shuffling from day to day, in hopes that the army might be called away and leave 'em ; but they found the contrary, for as a day has been limited to most of 'em for their submission, on failure of the time, military execution has been enforced. [Macdonald of] Glengary is an instance of this, who staid at home himself but sent out his son. He was killed at Falkirk. The mother then sent for a boy of 12 years old from school and sent him out at the head of the clan, who refused to march without a chief After Culloden the father came to Inverness and desired that his people might bring in their arms, which was granted him and his own behaviour winked at ; but as his promise was not fulfilled in due time, his house was burnt to the ground and his estate laid waste. This method is pursued at present, and H.R.H. seems so well an fait of what he is about that I have heard him say, that if hereafter the King should say to him that he wanted any particular clan transported or done anything else with, he would engage to deliver him up that clan entire without meddling with the others. [He then proceeds to describe the various move- ments for suppressing the rebel Highlanders.]... There was these words in an intercepted letter from a Rebel, wrote a very {q\m days ago, " Glengary may thank himself for the ruin that has overtaken him ;...for he (meaning the Duke) is a young man not to be trifled with." Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 232] Camp of Fort Augustus, y««^ ^th, 1746. My Lord, Affairs in this country seem to grow more settled every day; the vigour, with which H.R.H. has carried this scouring of 544 DISCIPLINE AND GOVERNANCE the hills through, has quite confounded the Rebels. They foolishly imagined that the Duke would be contented with the honour of his victory and leave the after work to deputies, and from that idea trifled with him for some time since the battle. They now find, to their cost, that he had too muct resolution and disinterestedness to do his business by halves. McDonald of Glengary failed in his time of delivering up his arms, and has accordingly suffered for it ; for his Castle is blown up and his estate laid waste ; and what adds to his disgrace and folly, he is forced to comply with the surrender of arms notwithstanding, and brings in his clan to-morrow to this place. We shall know, I believe for certain, in a day or two, what is become of the Young Pretender. The last account I had of him was that he went from the north-west coast in a 12 oared boat to the South Isle of Vest [Uist], which is twelve leagues of sea ; from thence he went, on some intelligence of a ship, 20 leagues more northward to the Long Island called Lewes, but not finding what he expected, he returned to Vest, and lay concealed in a forest be- longing to McDonald of Clanronald, where he was supplied with provisions from a farm of Clanronald's in that country. Thus far he was track't, and the militia companies from the Isle of Skie are sent thither to hunt him. The men of war, which are cruising be- tween the mainland and the Isles, may be assistant to them in their search. One circumstance makes, I think, for his escape, that a vessel loaded with meal came to Barra, and instead of unloading in small quantities as was the custom, had put the meal on shore in a great hurry and was preparing to sail again immediately. On board of this vessel 'tis highly probable his Pretending Highness may get away. Next post we may [be] able to give more certain accounts. Sullivan^ is the only companion of his flight, tho' some say Sheridan^ is likewise with him. The most inveterate clans begin to grow extremely weary of the condition they are in, and will be forced to submit in spite of their inclinations to the contrary. The detach- ments of Lord George Sackville etc.^ are not yet returned from their expedition, but they have ranged pretty thoroughly the boasted inaccessible country of Lochaber ; a few days will bring 'em home again. Lochiel attempted to make his escape time enough to get off in the French ships, but was too lame to effect it: our parties are now upon the scent of him. In our march southward I hope to pay a visit at Taymouth, where Lord Glenorchy still is and in perfect health. We shall please him, I believe, with ferretting out the McGregors, who have ^ John O'Sullivan, of Irish extraction, colonel in the French service; accompanied Prince Charles as Adjutant and Quarter-Master-General. "^ Thomas Sheridan, son of Thomas Sheridan, secretary to James II; tutor to Prince Charles whom he accompanied to Scotland ; died at Rome, whither he had escaped after CuUoden, in 1746. ^ Third son of the first Duke of Dorset; held at this time a command in Scotland as Colonel of the 20th Foot, later notorious owing to his failure at the Battle of Minden. DISARMING 545 been absurd enough to be refractory with the rod over 'em. They are old enemies of the Campbells. The weather has been very indifferent of late, and I don't see much likelihood of its mending. We keep our healths, however, and that's the main point, especially as our conveniences are very indifferent.... Joseph Yorke. Lord GlenorcJiy to the Hon. PJiilip Yorke [H. 103, f. 38.] Taymouth, _/««(? Wi, 1746. Dear Sir, ...There is about 20 miles from hence a set of men called Macgregors, who have had the insolence and folly to continue in arms to the number of about 200. They keep together in small bodies and wear white cockades. I sent some emissaries amongst them to dispose 'em to submit to the King's mercy and deliver up their arms, which they seemed disposed to do until the Protest appeared in public^and their leaders (who expect no pardon) persuaded them that those Lords, who opposed the Court measures, were attempting to foment disunion, the effects of which they would soon see. The poor, ignorant people gave entire credit to what was told them, and still continue in a state of rebellion.... Lord GlciiorcJiy to Col. tJie Hon. Joseph Yorke [H. 83, f. 102.] Taymouth, \ith June, 1746. ...Several of the Rannoch people, who brought their arms to me, came here to-day complaining that, notwithstanding they had complied with all that was ordered them, the troops have carried away their cattle. I told them they knew very well I had made them no promise of any kind, and that I only received the arms they brought me and gave them receipts for them. They owned this to be true, but said they expected to find mercy after having submitted themselves to it, and that they are ready to do anything ordered them or take any oaths required of them, and that if the soldiers take everything from them, so that they must starve, they may take their lives too. I said no more to them. In my humble opinion, the country would be sooner quieted if a distinction were made between those who produce certificates of having delivered up their arms and those who do not..., ' The protest of some few Lords of the Opposition, May 2, 1746, objecting to the war in Flanders. Y. 35 546 DISCIPLINE AND GOVERNANCE Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 236.] Camp of Fort Augustus, y«/j' ind, 1746. My Lord, ...All honest people are in great hopes that the Legisla- ture will make a noble effort to root out rebellion from this corner of the Island; though some, that your Lordship knows, are in some apprehensions that the new laws will be whittled down to nothing before they are past the Parliament. The person I mean is General Huske\ who (with his most respectful compliments) desired I should say as much to your Lordship in his name. He added further, amongst many things, that though, to be sure, the suppressing of non-juring meeting houses was a very essential thing, yet unless the whole power of chiefs over their clans was taken away, the rest would signify very little and that those, who were most interested in such superiorities or clans, would make a great deal of stir and bustle about the minuter things, in order with a better grace to oppose the more considerable; for my own part, I depend much on those, whose interest it is to abolish such abuses, for the carrying effectual laws thro' with vigour.... One of our parties last night brought in one Hugh Frazer, secretary and factotum to Lord Lovat. He was sent out with the clan as a governor to his son ; at Culloden he was shot through the arm and has lived without any assistance in the mountains ever since, having been obliged to give himself ease 3 or 4 times by making incisions in his arm with a penknife; on the approach of the party (which was of Kingston's Horse) he was carried out of the house, where we had intelligence he was hid, and by a hand litter was conveyed to a cave in a rock, the people who carried him out running away in hopes to deceive the soldiers; but the officer, imagining they fled with some such view, examined all the holes in the mountains and found him. Though its near three months since the battle, the man has never been dressed by a surgeon. To what a time have Highlanders lived, that even the Light Horse can gallop up and down their mountains at pleasure Joseph Yorke. Col. the Hon. JosepJi Yorke to the Hon. Philip Yorke [H. 15, f. 134.] Camp of Fort Augustus, _/?^t Procession on Lord Lovat's trial, by John Anstis, Garter King of Arms. 56o TRIALS OF THE REBEL LORDS Footmen in the whole retinue with his Lordship's arms, crest and coronet etc. My Lord's table for lO served with his Lordship's own plate on a large carpet in the best room. The officers' and gentlemen's table for 20 served with china or pewter in the next room. A steward's table. A servants' tabled] After a short stay, his Grace came to his coach in the following order : His Grace and 20 Gentlemen, who waited his coming at the bottom of the stairs, two and two uncovered, his Serjeant at Arms and Seal Bearer both uncovered, one with his Mace and the other with the Purse. The Black Rod, with the Lord High Steward's Staff; and Garter King of Arms on his right hand in his Coat of Arms with the Commission, both uncovered. His Grace the Lord High Steward, in his rich gown, his train borne, followed by the Chief Justices and Judges. His Grace seated himself on the hinder seat of the coach alone, Garter and the Seal Bearer on the other seat over against his Grace uncovered, Black Rod in the right hand side boot with his Grace's White Staff, and his Grace's Serjeant at Arms in the left boot with his Mace ; his Grace's Gentlemen in the five leading coaches, and the Judges, Master of the Rolls and Masters in Chancery, followed his Grace in their own coaches. Constables, etc. as on the first day of Term. His Grace thus attended, passed through Red Lion Square, cross Holborn, down Little and Great Queen Street, Long Acre, St Martin's Lane and King Street with the Judges etc. to the Old Palace Yard, The soldiers there rested their muskets and the drums beat as to the Royal Family. Being come to Westminster, to the steps in Old Palace Yard which lead up to the House of Peers, at the bottom of which the Heralds, the eight Serjeants at Arms, with their Maces, waited his Grace's coming, the Constables divided and formed a passage from the coaches to the stairs foot for the procession. The following was the order : — His Grace's Gentlemen Attendants two and two. Heralds. Eight Serjeants at Arms two and two. His Graces Serjeant and Purse Bearer. Garter and Black Rod. Lord High Steward (his train borne) Chief Justice of the King's Bench, Master of the Rolls. Judges, two and two. At the upper end of the Painted Chamber His Grace'sJ^Gentle- men attendants divided and made a lane for the rest^ of the procession to go through, and remained there. 1 H. 538, ff. 149, 153. LORD HIGH STEWARD'S PROCESSION 561 The eight Serjeants at Arms did the same in the Lobby. Garter and Black Rod, who left the Staff at the door, did the like below the Bar. The Peers in their Robes, and the Mace deposited upon the uppermost Woolsack. His Grace, preceded by four of his Gentle- men Attendants, five Serjeants at Arms and Purse Bearer, passed on to the Lord Chancellor's room, where he put on his Parliament Robes. His Grace, having stayed there a while, came into the House again and prayers began. Garter was called to the Clerk's Table ; Clerk of the Parliament called over the Lords and Garter marked those that attended. Black Rod was sent to see if the Court in Westminster Hall and the passages to it were clear. Procession from the House of Lords to the Court in Westminster Hall>. His Grace, the Lord High Steward's Gentlemen Attendants two and two — four Clerks of the House two and two — the two Clerks of the Crown bearing the Commission of the Lord High Steward — Masters in Chancery two and two- — Judges — Peer's eldest sons — Peers minors — Two Heralds, York and Windsor — Four Serjeants at Arms, with their Maces two and two — the Yeoman Usher of the House of Peers — the Peers according to their degrees and precedency, two and two (the youngest barons first), all covered, [Lord Privy Seal having upon his right hand the Lord President^] — Four Serjeants at Arms more, with their Maces, two and two — His Grace's Seal-Bearer and Serjeant at Arms — The Black Rod carrying the White Staff and Garter — The Lord High Steward alone, covered, his train borne — [His Royal Highness the Duke of Cumberland — The Prince of Wales^] The Lords being seated on their benches and the Judges and Masters in Chancery below on their seats, the Lord High Steward making a reverence to the State and saluting the Peers, seated himself on the Woolsacks as Speaker of the House of Lords. His Grace's Attendants went on the left side of the Throne, Clerks of the Parliament to the Table. Clerk of the Crown in Chancery stood before the Table, looking towards the State. Peers eldest sons and Peers minors on the right hand of the Lord High Steward's chair. The Serjeant at Arms attending the Great Seal went to the right side of the Clerks Table. Garter and Purse Bearer placed themselves on the left side of the Lord High Steward, the Black Rod on the right ; behind them on either side the eight Serjeants at Arms and two Heralds. The two Clerks of the Crown being ready at the Clerk's Table, and the Clerk of the Crown in Chancery, having the King's Com- mission to His Grace in his hand, both made three reverences to him, first at the Table, the second in the mid-way and at the * See also State Trials, xviii. 540. 2 The Attorney-General is placed here in the account in the Gent. Mag. ^ Omitted in State Trials., xviii. 541. They prol)al>ly did not appear. Y. 36 562 TRIALS OF THE REBEL LORDS third, coming before the Woolsack, kneeled down, and the Clerk of the Crown in Chancery on his knee, presented the Commission to His Grace, who delivered it to the Clerk of the Crown in the King's Bench ; and they, making three reverences, returned to the Clerk's Table ; the Clerk of the Crown in the King's Bench opened the Commission and read it, having first directed His Grace's Serjeant at Arms to make proclamation for silence, which he did with his Mace upon his shoulder^ Then the Lord High Steward stood up and spoke to the Peers: " His Majesty's Commission is about to be read. Your Lordships are desired to attend to it in the usual manner ; and all others are likewise to stand up, uncovered, while the Commission is readingl" While the Commission was reading. His Grace and the Lords stood up, all uncovered ; after which His Grace, making obeisance, reseated himself, and then Garter and the Black Rod, with three reverences, jointly presented the White Staff on their knees to His Grace ; then His Grace, attended by Garter, Black Rod and the Purse Bearer, making his proper reverences towards the Throne with the White Staff in his hand, removed from the Woolsack to the armed-chair upon the highest step but one before the Throne and, having seated himself, gave the Staff to the Black Rod to hold, the Purse Bearer holding the Purse on the leftl The indictments against the three Lords having been read, the Lord Steward asked leave for the Judges to be covered, and the accused were brought to the bar by the deputy governor of the Tower, having the axe carried before them by the Gentleman Gaoler, who stood with it on the left of the prisoners, with the edge turned from them. The three Lords then approaching the Bar, made three reverences and remained upon their knees till the Lord Steward informed them that they might rise^ They bowed to His Grace and the House of Peers, their compliments being returned, and the commitment was read. The Lord Steward then addressed the prisoners. He pointed out that the indictment was as yet only a charge from which, if innocent, the law would be their protection. Upon the Law the Throne itself was established. It was the great bulwark of the property, the liberty and life of every subject, as it was of the privileges and honours of the Peers. With the whole body of the Peers of Great Britain as Judges, 1 In the order of Anstis, the Clerk of the Crown in Chancery performs all this alone. - State Trials, xviii. 541. ^ Jb. ^12. ^ See the gruesome story told by Horace Walpole of George Selwyn, who, after having watched the undertakei^s stitching Lord Lovat's head to his body after execution, addressed the corpse, imitating the Chancellor's voice, " My Lord Lovat, your Lordship may rise." {Letters, ii. 272.) L ORDS KILMA KNOCK, CR OMA R TIE, BA L MERINO 563 nothing could have weight but evidence and justice. A fair and impartial trial was assured to them, but they must make use of all those means that were available for their defence, and they were reminded that they might have the benefit of the Statute of W'illiam III by which the aid of Counsel was allowed^ Lords Kilmarnock and Cromartie pleaded guilty ; only Lord Balmerino declared himself not guilty. The Serjeant at Arms summoned all persons that had evidence to give to come forth, and the Lord Steward asked leave to quit his Chair on the steps of the Throne and come down to the Table for the purpose of hearing better. Then His Grace removed to the Woolsack and delivered the White Staff to be held by the Gentle- man Usher of the Black Rod who, during the whole Trial, always received and delivered back the White Staff upon his knee. The trial of Lord Balmerino then proceeded, but the verdict of the Lords was a foregone conclusion. The defence rested only upon weak, technical objections, which nevertheless were brought forward by the Lord Steward, who encouraged the prisoner to make the most of his defence. They, however, were overruled unanimously by the Judges, and withdrawn by the prisoner himself, after consultation with his Counsel. On the conclusion of the evidence, the Lord Steward returned to his Chair below the Throne, and having ordered the prisoners to be removed, called upon the Lords each in turn, beginning with the youngest peer present, to give their verdict ; and when each had replied " guilty," he gave his own last of " guilty upon my honour," On July 30, the Court having resumed to give sentence, Lords Kilmarnock and Cromartie made touching and eloquent appeals to the King's clemency, while Lord Balmerino brought forward another objection by which, it was thought, the whole indictment might be quashed, namely, that the act making it lawful to try those taken in arms in a county other than that in which the offence was committed, had been passed after the crime charged against the prisoners. Though raised irregularly, when sentence was about to be pronounced, it was not overruled by the Lord Steward ; and the Lords, after returning to their own House, decided unanimously to defer the conclusion of the trial till August i. Meanwhile, Counsel was appointed for the prisoner, which he had before declined, and the Lord Steward informed the two other Lords that they would have the benefit ' State Trials, xviii. 450 sijq. ; Lord Malmesbury's Letters (1870), i. 42 sqq. 36—2 564 TRIALS OF THE REBEL LORDS of the objection, in spite of their having pleaded guilty, in case it proved to be of any substance^ On the reassembling of the Lords on August i, Lord Balmerino withdrew his objection on the advice of his Counsel, and acknowledged his crime^ begging for the Lords' intercession with the Sovereign. The Lord Steward then proceeded to give judgment in the following speech, which is one of the few pronounced by him which has come down to us intact, and which, delivered on this great and solemn occasion, has a special interest. By some the reflections which it contains on the recent political events and the guilt of the prisoners have been censured as misplaced, and as showing a harsh disregard for the feelings of the accused. To think thus is to misconceive the whole aim and meaning of the proceedings against the rebel Lords. In sentencing these persons to death, for whose tragic fate a widespread sympathy and regret might not unreasonably be felt, the government had to justify their action before the nation ; and the full extent of the crime committed could not be understood without placing in a clear light the political circumstances of the time, or showing the ruin and misery which the success of the rebellion would have occasioned. Nor has it ever been held that the duties of a Judge in giving sentence should be limited merely to pronouncing the penalty inflicted upon the prisoner. As the punishment of each criminal is meant to have effects reaching much farther than the criminal himself, and to serve as a warning to the community in general, so the language which a Judge may employ in giving sentence is intended to have an application far beyond the unhappy offender standing before him in the dock. It has never been the opinion that in consideration of the prisoner's tragic situation, the Judge should restrict his speech in passing sentence, to expressions of sympathy and consolation. On the contrary, looking beyond the criminal, his duty is to show the crime in its clearest and blackest colours. If the occasion therefore and object of the condemnation of the three rebel Lords are remembered, there is nothing, apart from the terrible concluding sentence, of which the Lord Steward had no more power to alter a single syllable then the prisoners themselves, and which was not put in ^ P- 576- 2 The Did. of Nat. Biog. is in error in stating that Lord Balmerino was undefended Ijy Counsel and that he declined to admit his crime. See State Trials, xviii. 470, 486, 494, 496, and 535. I LORD STEWARD'S SPEECH 565 execution, that even at this distance of time, when the security of the Throne has almost banished the dangers of treason, and a long enjoyment of stable government has produced a forgetful tolerance, can be pronounced harsh or unjust. The Lords voted their thanks ; the speech was ordered to be printed and it has remained the model upon which the judges in trials for treason of our own times have composed their utterances \ William, Earl of Kilmarnock, George, Earl of Cromartie, Arthur, Lord Balmerino ; in the course of this solemn proceeding, you have already been acquainted that you stand convicted of the high treason charged upon you.... To attempt to aggravate crimes of so deep a dye and in them- selves so incapable of aggravation, against persons in your unhappy circumstances, would be a vain as well as a most disagreeable task ; and yet the duty of that place, in which I have the honour to sit, requires that I should offer some things to your consideration, to explain more fully the necessity of that justice, which is this day to be administered, and to awaken in your minds a due sense of your own condition. If any rebellion can be heightened by the circumstances attending it, it is that in which your Lordships have been engaged; 1 Lords Journals, xxvi. 622 b, 628 a; State Trials, xviii. 497; H. 538, f. 172, Lord H.'s speech with corrections, and ff. 154 sqq. ; N. 23, f. i ; cf. the fine speech, e.g., of Mr Justice Wills on sentencing Arthur Alfred Lynch to be hanged for treason in 1903 {.Times, January 24, p. 14), "What was your action in the darkest hour of your country's fortunes, when she was engaged in the deadly struggle from which she has just emerged? You joined the ranks of your country's foes.. ..You have fought against your country, not with it. You have sought, as far as you could, to dethrone Great Britain from her place among the nations.... Nor can I forget that you have shed the blood, or done your best to shed the blood, of your countrymen who were fighting for their country. How many wives may have been made widows, how many children orphans, by what you and those who acted under your command, have done. Heaven only knows. You thought it safe, at that dark hour of the Empire's fate, when Ladysmith, when Kimberley, when .Mafeking were in the very jaws of deadly peril — you thought it safe no doubt to lift the parricidal hand against your country.... And against what a Sovereign and what a country did you lift your hand? A .sovereign, the best beloved and the most deeply honoured of all the long line of English Kings and Queens. ...Against a country, which has been the home of progress and freedom and under whose beneficent sway... you have enjoyed a liberty of person, a freedom of speech and action, such as you can have in no other country. ..in the world. ...Had you, and those with whom you as.socialed yourself, succeeded, what fatal mischief might have been done to the great inheritance which has been beiiuealhed to us by our forefathers." In this case, the offender profited by his own insignificance, obtained a pardon, became a Member of Parliament, and was .soon boasting of his hope, should similar circumstances occur, to "do the same thing again." 566 TRIALS OF THE REBEL LORDS a rebellion against a King celebrated throughout the world for his mild and gracious government... You took arms... to destroy the purest religion and subvert the best constitution, formed and established upon the justest balance What did your Lordships, who profess the Protestant religion, and claim the benefits of this constitution, seek to introduce in the room of these invaluable blessings? In religion, Popery, attended with its train of superstitions and inhuman principles of persecution ; in government, despotism and tyranny; and to cement and support this horrid system, an abjured Pretender, deriving his principles of religion and civil policy from Rome and France.... The time you chose to arm against your Country was whilst it stood engaged in a just and necessary war against that Crown and Spain ; a war to preserve its own commerce and independency and its ancient natural allies. Though some of your Lordships have thought it proper, at this bar, to disclaim that connection or any advantage from it, yet with that ambitious and encroaching power you avowedly joined yourselves ; by this aid you endeavoured to effect the dreadful change you meditated, and to such a master to enslave this free nation. [The whole consequences upon the fate of Europe by the enforced calling off of the British arms from the continent were not yet known ; compared with this, the miseries brought upon private persons and families and the murders committed — for the death of every loyal subject killed in this rebellion was a murder — though moving in themselves — appeared of less importance.] But when arguments of compassion have been urged in behalf of the guilty, let us balance those arguments with a becoming compassion for our country, for those who have suffered innocently... and for those who have died gloriously in its defence.... Permit me to entreat your Lordships to deal impartially with yourselves and to consider seriously what could be your temptation to commit [this crime]. Everyone of you enjoyed the common benefits of that legal and mild government which, in violation of the most solemn oaths, you sought to destroy ; and some of you had received particular advantages from it. You, my Lord Kilmarnock and my Lord Cromartie, have thought fit to appeal to your former conduct, as a proof of your good principles for the support of the Revolution and of our present happy establishment. With real grief I lament that you ever deviated from those sentiments. If, as your Lordships would THE PRISONERS' CRIME 567 have us believe, they were sincere and proceeded from the heart, what could possibly be your inducement to this sudden apostacy? Your Lordships have left that a blank in your apologies; and I choose rather to leave it to be filled up by the constructions of others than to supply it myself Thus much I am warranted to say ; no glittering prospect of success in the beginnings of this rebellion could tempt you. On the one hand, those beginnings were so weak and unpromising as to be capable of seducing none but the most infected and willing minds to join in so desperate an enterprise. On the other hand, it was impossible, even for the party of the rebels, to be so inconsiderate or vain as to imagine that the body of this free people, blest in the enjoyment of all their rights, both civil and religious, under his Majesty's protection, secure in the prospect of transmitting them safe to their posterity, under the Protestant succession in his royal house (of which they see so many illustrious branches...); I say, it was impossible that they could imagine the body of this free people, under these circumstances, would not rise up as one man, to oppose and crush so flagitious, so destructive and so unprovoked an attempt.... The rebels soon saw his Majesty's faithful subjects, conscious both of their duty and interest, contending to outdo one another in demonstrations of their zeal and vigour in his service. The merchants and the trading part of this great metropolis... to their lasting honour, associated themselves, at the risk of their private fortunes, to support the public credit of their country. Men of property, of all ranks and orders, crowded in with liberal sub- scriptions, of their own motion, beyond the examples of former times and uncompelled by any law.... The clergy, with a zeal becoming their holy function, regulated by Christian charity, instructed their hearers by their doctrine, and led them by their example.... The rebels soon saw many of the nobility and gentry, from amongst the first families, the greatest estates and the best blood in the Kingdom, surrounding the Throne.... But above all, they saw both Houses of Parliament, the great Council of the nation, the representative body of this people, warmed with a truly British spirit, and treading in the steps of their ancestor overcoming all difficulties and unanimously concurring in every measure to strengthen the King's hands.... [The first military accidents, if they for the moment raised delusive hopes, seemed to have been designed on purpose by Providence to make the 568 TRIALS OF THE REBEL LORDS vengeance at Culloden more crushing-. How much did not the nation owe to the illustrious Prince and his brave soldiers on that memorable day.] Then was experienced how much that courage, which virtue, true loyalty and the love of our country inspire, is superior to the rashness and false fire of rebellion accompanied with the terrors of guilt What remains for me is a very painful, but necessary, part. It is to pronounce that sentence which the law has appointed for crimes of this magnitude — a sentence full of horror ! such as the wisdom of our ancestors has ordained, as one guard about the sacred person of the King, and as a fence about this excellent constitution, to be a terror to evil-doers and a security to them that do well. The judgment of the law is, and this High Court doth award : " That you, William, Earl of Kilmarnock, George, Earl of Cromartie, and Arthur, Lord Balmerino, and everyone of you, return to the prison of the Tower from whence you came ; from thence you must be drawn to the place of execution ; when you come there you must be hanged by the neck, but not till you are dead ; for you must be taken down alive ; then your bowels must be taken out and burnt before your faces ; then your heads must be severed from your bodies, and your bodies must be divided each into four quarters ; and these must be at the King's disposal — and God Almighty be merciful to your souls. Lieutenant of the Tower, take the prisoners from the Bar." This being done, the Serjeant at Arms, at his bidding, made proclamation that " His Grace my Lord High Steward of Great Britain intends now to dissolve his commission." Then the White Staff being delivered to the Lord High Steward by the Gentleman Usher of the Black Rod, upon his knee, his Grace stood up un- covered ; and holding the Staff in both hands, broke it in two and declared the commission to be dissolved ; and then, leaving the Chair, came down to the Woolsack and adjourned the Lords to their own House, who returned in the same order as they came down\ ^ Neither the Lord Steward's speech nor his management of the trial gained the approval of Horace Walpole, who calls the former " very long and very poor, with only one or two good passages," and continues : " though a most comely personage, with a fine voice, his behaviour was mean, curiously searching for occasion to bow to the minister that is no peer [Henry Pelham] and constantly applying to the other ministers, in a manner, for their orders ; and not even ready at the ceremonial. To the prisoners he was peevish ; and instead of keeping up to the humane dignity of the law of England, whose character it is to point out favour to the criminal, he crossed them and almost scolded at any offer they made towards defence," Letters, ii, ■216, 221. See also his THE ROYAL MERCY 569 Only the hope of the royal mercy now remained. The character of the prisoners was unstained by vice, nay, perhaps it was in some way even enhanced by the personal loyalty, devotion and self-sacrifice which they had displayed in the lost cause. Since, however, the penalties of the law were not inflicted on moral grounds alone, but rather for political reasons, to secure the safety and material prosperity of the state, so it was only just and necessary that those by whom they had wilfully been imperilled, should suffer. " Everything that is done," wrote the King on receiving an account of the trial and its issue from the Duke of Newcastle, who forwarded at the same time an application for the relations and friends of the condemned men to have access to them, " to whole description of the trial which shows his inventive talent, ib., and also George II, i. 160, where he declares that Lord Hardwicke here lost his reputation for "humanity" which "he gained by some solemn speeches made on the circuit, at the condemnation of wretches for low crimes, the meanness of his birth breaking out in insolent acrimony" — whatever that may mean. Not one other contemporary writer or spectator endorses these remarks. And here it may be noted that from this time the Chancellor, who had before been mentioned in his pages with respect and admiration, is never introduced without the most outrageous abuse and the most unscrupulous calumnies, generally much too gross to deceive. He is thus described in the Memoirs of George II, i. 159 : " Sir Philip Yorke, Baron of Hardwicke and Lord Chancellor, was a man of low birth and lower principles [so in the MS. kindly communicated by the Countess Waldegrave, but modified in the printed text]. He was a creature of the Duke of Newcastle, and by him introduced to Sir Robert Walpole, who contributed to his grandeur and baseness in giving him an opportunity of displaying the extent of the latter by raising him to the height of the former. He had good parts, which he laid out so entirely upon the law in the first part of his life, that they were of little use to him afterwards, when he could have applied them to more general views As he had no knowledge of foreign affairs but what was whispered to him by Newcastle, he made a very poor figure. In the House of Lords he was laughed at, in the Cabinet despised. [Here the editor, the third Lord Holland, intervenes — 'Yet, in the course of the work, the author laments Lord Hardwicke's influence in cabinets, where he would have us believe he was despised, and acknowledges that he exercised a dominion nearly absolute over that House of Parliament, which he would persuade his readers, laughed at him. The truth is, that whenever that great magistrate is mentioned, Lord Orford's resentments blind his judgments and disfigure his narrative.']... He was only not false to the falsest of mankind [the D. of N.]." — The cause of this strange hostility and deliberate, systematic mendacity is probably to be found in the "trifling offence," which he states that he had received from Lord Hardwicke (George II, iii. 161), possibly connected with some desired re-arrangement of his sinecures of which he held five; bringing in according to his own account ;^3900, but according to the Commissioners, ^^6300 (see Quarterly Review, xxvii. 193 sqq.). — A considerable portion of his narrative and his correspondence was composed while closely connected with Fox and his faction, who, he states, was one of the chief authorities for his "facts." The Chancellor's firm friendship with his hated uncle, the elder Horace Walpole, was also probably another ingredient in this insane hostility. But there was also, as with Lord Hervey, a hopeless inability to recognize and appreciate greatness; cf. his sneers, e.g. at Handel, Garrick, the younger Pitt, Anson, and the two Dukes of Devonshire of his time. For his childish spite against the D. of N., see Letters, iv. 258. 570 TRIALS OF THE REBEL LORDS shew humanity, without preventing justice, is very proper^ " ; and the following memorandum suggests the way in which the Chancellor, upon whom it fell principally to make these painful decisions of life and death, and who was chiefly responsible for the action of the government and the exercise of the King's prerogative, approached the difficult question of mercy. August 6th 1746, Notes at the Cabinet Council on considera- tion of the three Lords condemned for High Treason. Lord Chancellor. Uneasy task to determine. Difif(eren)t from the administration of justice. Three Rules. King's mercy a peculiar Prerogative appropri[ate] to himself, to be exercised by discretion. As to the partic\iilar\ cases. No merit in any of them. In one of them more circumstances of compassion than in the others. The only cons[ideration], what is proper to advise the King to do for himself and his Government. Will consider it only on that foot. The Rule, to execute justice in mercy. 3 grounds of punishment : 1. Vindictive justice upon the guilty. 2. Example — and terror to others ut poena ad paiicos etc- 3. To shew strength and prevent any opinion of weakness in the Government. Here no solicitations of numbers of persons, or of particulars, of great influence. The choice of the person to be left to the King^ From the last sentence here, it would appear that it was considered sufficient for the satisfaction of justice that two only of the condemned should undergo their sentences. In the event, Lord Kilmarnock, against whom probably the fact that he was in receipt of a pension from the Crown as late as September 1745, told unfavourably^ and Lord Balmerino®, suffered death by ^ N. 23, f. I. 2 Ut metus videlicet ad omnes, poena ad paucos perveniret. Cicero, Orat. pro Clue It Ho, 46, 128. 3 H. 522, f. 119. There follows (f. 121) a list of rebel commoners with the final decision regarding their fate, — reprieve, pardon or execution, in the Chancellor's hand- writing. "* State Trials, xviii. 528, T. Birch to P. Y. According to H. Walpole [Letters, ii. 219), it had been stopped by Lord Wilmington, while Lord Cromartie had ^600 a year from the Government. William Boyd, fourth Earl of Kilmarnock (i 704-1 746), hitherto a supporter of the Hanoverian dynasty, joined the rebellion at a late stage, induced, it is supposed, by the hopes of reestablishing his encumbered estate. He was present at Falkirk and captured at Culloden. In his last letter to his son he inculcates loyalty to the reigning sovereign as the " basis of the civil and religious liberty and property of every individual in the nation," and died repenting his conduct and regretted. For account of his last moments, State Trials, xviii. 503 sqq., and H. 240, f. 319, where James Forster asks leave of the Chancellor to print Ld. K.'s speech at the bar of the Lords, and to confess a misstatement by Ld. K.'s desire, viz. that he had given himself up volun- tarily after the battle of Culloden ; also below, p. 575. '^ Arthur Elphinstone, succeeded his brother in 1746 as sixth Lord Balmerino (1688- TRIAL OF LORD LOVAT 571 beheading, while Lord CromartieS probably, as is hinted in the note above, for reasons of compassion for his wife and children, was respited and finally pardoned. The trial of Lord Lovat by impeachment, a mode of proceeding chosen probably because the prisoner had committed no overt act, which could form the subject of indictment by a grand jury, as in the case of the other peers, began on March 9, 1757, being ushered in by ceremonies similar to those on the former occasion. It attracted an enormous concourse of people, " the largest and finest assembly I ever saw," writes one who was present, " the House of Commons on one side, ladies of quality on the other, and inferior spectators without number at both endsl" The scene presented now, however, was a very different one. In the same place which the noble Kilmarnock and Balmerino had so lately quitted for the scaffold, stood now an old man, over 70 years of age^, of hideous aspect, long notorious for treachery to friends and foes alike and for crimes of violence and brutality, who now, by the strong arm of the law, was thrust back from the brink of the grave into which he was already sinking, to undergo the last penalty of treason. His age and his infirmities — for he declared he could neither hear, see, speak or stand — excited no compassion, and onlj^ created sport and amusement for the spectators, when it was seen that they were merely a ruse to obstruct the course of the trial ; while the ability and persistence with which he conducted his defence, in which he 1746). Implicated in the rebellion of 1715 but pardoned by the Government, he had returned to England with the Pretender's approval, and in 1745 was one of the first to join the Prince. He took part in the march to Derby, was present at Falkirk and was captured after the battle of Culloden by the Grants and sent to the Duke of Cumberland. Though he had acknowledged his crime in Westminster Hall, he declared his staunch adherence to the Pretender's cause on the scaffold, p. 577 ; State Trials, xviii. 523 sqq. ^ George Mackenzie, third Earl of Cromartie, had joined the rebellion after the march of the Prince into England and was present at Falkirk. In April 1746 he was captured at Dunrobin Castle and imprisoned in the Tower. He was respited on Aug. 9, allowed to leave the Tower in 1748 and pardoned the year following. His wife at the time of his trial was enceinte with her tenth child. He died in 1766. Did. A^at. Biog., State Trials, xviii. 525. For a letter from him in distressed circumstances to Ld. Hardwicke, Nov. i, 1758, expressing "the many obligations, which I and all my family lie under to your Lordship, and the great goodness you have at all times been pleased to show us," and asking his intercession with the D. of Newcastle for the payment of arrears of his wife's annuity, see H. 247, f. 263. ^ Lord Malmesijury, Letters (1870), i. 53. * According to his own account in his defence, and the inscription on his coffin, he was 80, but in a letter to the Duke of Cumberland he calls himself past 70. New Spalding Clulj, Hist. Pup. (1895), 340; State Trials, xviii. 715, 797. According to his Life by W. C. Mackenzie (1908), his age was about 71. 572 TRIALS OF THE REBEL LORDS mixed jokes and repartees, raised no sympathy and gave to the scene the semblance of a grotesque and gruesome comedy, rather than that of solemn tragedy. Simon Fraser, eleventh Lord Lovat, whose long career of crime and wickedness was now to be terminated, had first showed his talents by his success in persuading his cousin, the ninth Lord Lovat, to settle his estates upon his father, Thomas Fraser, of Beaufort, his heir male, away from his own daughter, Amelia, his heir general. The Scottish Court, having on the death of the nintli Lord, pronounced nevertheless in her favour, he attempted to kidnap and marry her ; but on finding that the heiress had been removed, he avenged himself by an atrocious outrage upon the person of her mother, upon whom he forced a mock marriage. He was condemned to death for high treason, but eluded his pursuers till 1700 when, after visiting King James at St Germain, he received a pardon from King William for his state offences, but was outlawed for his private crimes. He returned to France, became a Roman Catholic, and was received into favour by Louis XIV. He was sent to Scotland to organise a Jacobite rising, and used the occasion to betray his accomplices to the authorities and to destroy his enemy, the Duke of Atholl. His treachery becoming known to the Jacobites, he was arrested on his arrival at Paris, and was imprisoned for several years. In 17 13, he at last escaped from France, with the aid of some of his clan; and in 171 5, in revenge for his recent treatment, he took the side of the English government and did much to ruin the hopes of the rebels in the North of Scotland, Accordingly, in 17 16, he received a full pardon and the life rent of the Lovat estates, and in 1730 was declared to have inherited the barony. He was made Sheriff of Inverness, was appointed to the command of one of the newly-raised highland companies ; and in spite of suspicions, often revived, of his fidelity, and the notoriety of the savage orgies kept up at Castle Downie, he continued to be trusted by the government and became one of the most influential persons in the North of Scotland. Meanwhile, he had secretly resumed intrigues with the Jacobites. On the promise of a dukedom, he had joined the association for inviting over the Pretender, and he was deprived in 1739 by the government, which had again become suspicious, of his office and command. In 1745, his desire for vengeance was moderated by prudence, and he did not openly join the Rebellion till after the battle of Prestonpans. His attitude was accurately described in CONDUCT OF THE TRIAL 573 his own words in reply to President Forbes : " I humbly think that men should be moderate on both sides ; since it is morally impossible to know the events" In December he was captured by Lord Loudoun, but with his usual good fortune managed to make his escape. On the retreat of the rebels and collapse of the rising, he endeavoured to back out and to repudiate his own " unnatural " son, whom he had in fact forced into the rebellion-. He was captured finally after Culloden, and was now at length to pay the penalty for a long career of low crimes and treachery^. The proceedings in Westminster Hall opened on March 9, 1747, when the Lord Steward addressed the prisoner and explained the procedure, reminded him that he might have the aid of Counsel, but only on points of law — for the recent Act of 7 William HI, c. 3 did not extend to trial by impeachment^ — but expressed the hope that the Lords would approve his giving aid to the accused, if he should require it. The prisoner, however, showed himself capable of taking advantage of every opening. He appealed to the compassion of the Lords on the score of his age and infirmities ; protested he could make no defence, that for three years he had lost the use of his limbs, that he could neither see nor hear, that he had come to the bar at the hazard of his life, that he had been obliged to rise so early that morning he had fainted several times away; that his witnesses, for whom the Lords waited, had all gone away, not knowing they would be called, or had been prevented from coming from Scotland, and that their Lordships might do with him as they pleased. To several of the Crown witnesses he raised objec- tions, as being his tenants, and to John Murray of Broughton on the ground of his attainder. The latter, who had been Prince Charles's secretary, and who now turned King's evidence, was the chief witness against the prisoner and proved his guilt beyond all doubt. The conduct of the proceedings required firm management, not only in dealing with the prisoner's efforts to procure delay, but with the objections and obstructions of some Lords, who carried 1 Culloden Papers, 238. ^ p. 577. 3 He married (i) Margaret Grant by whom he had two sons, Simon and Alexander, and two daughters, and (2) Primrose Campbell, whom he is said to have blackmailed, by whom he had one son Archibald, on whose death in 1815 and the failure of his issue, the estates devolved upon Thomas Alexander Francis Fraser of Strachan, Aberdeenshire, descendant of the fourth Baron and grandfather of the present Lord Lovat. ■* Immediately after this trial an act was passed, 20 George II, c. 30, removing this disability (II. Walpole, Letters, ii. 274). 574 TRIALS OF THE REBEL LORDS their opposition to the government so far as to make this an occasion for raising difficulties and to gain a little cheap popularity. Lords Granville and Bath showed a suspected zeal in supporting the prisoner's complaint that he had been deprived of his money and strong box^; and Lord Talbot, who frequently interrupted the proceedings, by accusing Sir William Yonge, one of the managers for the Commons, of having questioned a witness improperly,brought on an altercation between the two Houses which was only stopped by Lord Hardwicke's firmness and authority, — " My Lords, I desire this may be forborn. It is my duty to acquaint your Lordships that it is irregular and contrary to all rules of proceeding. The honourable manager explained his words in a very proper and candid manner... and he was in the right-." — At last the trial, after continuing for seven days, came to its inevitable conclusion on March 19, 1747, and the prisoner was pronounced guilty by all the peers without a single dissentients The Lord Steward then ad- dressed the prisoner, reciting his long career of crime and perfidy and dwelling especially upon the evil influence he had exercised upon his young son and upon his clan, the last a usurped power which called at once for a remedy. He laid emphasis besides on Lord Lovat's own excuse for his treason, that it was an act in revenge for the deprivation of his regiment by the government, as if allegiance and patriotism were not duties, and solemn oaths not binding on the conscience, but all depending on the enjoyment of extraordinary favours, to which no man had a right and which few could, in the nature of things, share. He reflected upon the prisoner's secrecy and unsteadiness in religion, and concluded: " From hence I would draw an instructive lesson, which well deserves the serious attention of the whole nation, of what im- portant consequence it is to preserve, not only the name and outward form of the Protestant religion amongst us, but the real uniform belief and practice of it. lndifl"erence to all religion prepares man for the external profession of any ; and what may not that lead to ? Give me leave to affirm before this great assembly, that even abstracted from religious considerations, the Protestant religion ought to be held in the highest reverence, as the surest barrier of our civil constitution. Ecclesiastical usurpation seldom fails to end in civil tyranny. The present happy settlement ^ p. 578. ^ p. 583 ; H. 15, f. 202. 3 State Trials, xviii. 530 sqq. ; Walpole's Letters, ii. 257, 264, 267 ; H. 538, ff. 209 sqq., papers relating to the trial ; below, pp. 577 sqq. a OS O o a O i % o s a O O o a •X. X a 'J X LORD STEWARDS SPEECH 575 of the Crown is, in truth and not in name only, the Protestant Succession. And the inviolable preservation of that civil and fundamental law, made since the Revolution, whereby every Papist, or person marrying a Papist, is absolutely excluded from inheriting to this Crown, will in future times be a solid security for our posterity, not only against the groundless and presumptuous claim of an abjured Pretender and his descendants, but also to prevent this Kingdom from becoming a province to some of the great popish powers, who have so long watched for the destruction of our liberties^" He then pronounced the usual sentence for high treason upon the prisoner, who was then led from the Bar, and the Commission was forthwith dissolved. Lord Lovat was executed on April 9, playing the game to the last, declaring that he died a Roman Catholic and a Jansenist, and quoting with almost his latest breath : Dulce et decorum est pro patria mori. Correspondence Rev. Thos. Birch to the Hon. Philip Yorke [H. 49, f. 5.] London, August \^th, 1746. Dear Sir. ...The fate of Lord Kilmarnock and Lord Balmerino is now irreversible. Mr James Forster- attended the former together with Mr Hume, a young clergyman. Lord Hume's brother. Mr Forster desired me to breakfast with him on Thursday morning last, when he gave me a large account of what had passed between himself and my Lord, of which he intends to publish the particulars. He was thoroughly persuaded of his Lordship's sincere repentance of his private and public faults, the former of which had led him into the latter ; for, having ruined his circumstances by his vices, he was tempted by the offer of his wife's aunt, the Countess of Errol, to engage in the Rebellion. He owned the justice of the sentence against him, and the candour of the House of Lords and particularly of my Lord High Steward, who had sent him and 1 State Trials, xviii. 833; The Speech of Philip, Lord IJardwicke (1747); Lords Journals, xxvii. 62 I), 78 b; H. 538, ff. 299, 301, 307 for heads and sketch of speech. This passage was quoted by Lord Eldon in his speech on the Roman Catholic Disabilities Bill, 17 April, 1821 {Pari. Deb. N. S. v. 318). "^ James Forster (1697-1753), dissenting divine and a famous preacher of the day. The account which he published of Lord Kilmarnock's last hours brought upon him violent attacks. Cf. Stale Trials, xviii. 503 sqq. ; and Horace Walpole, Letters, ii. 237. 576 TRIALS OF THE REBEL LORDS Lord Cromartie a message that they should have the benefit of Lord Balmerino's objection, if it should be found of any weight, tho' they had pleaded guilty. He solemnly denied his having given any advice for putting of our prisoners to the sword, and declared that he was never admitted into the secrets of the Young Pretender, so that he knew nothing even of Lord Traquair's^ being concerned, and was never present at any council of war properly so-called, except at Derby, when each officer was called upon to give his opinion singly ; and he scarce ever heard business talked of, except in a general way in the circle after the Young Pre- tender's dinner, which was usually about six in the afternoon. He described the Heads of the Highland Clans, except Lochiel and one or two more, as a set of men without the appearance, manners or understanding of gentlemen ; and yet they had the whole ascendant in the army, and carried it with so much insolence to their Master that he was obliged to shew them such condescensions, as he must have been extremely ashamed of himself, often taking them out of the circle singly and making his requests to them in the most abject manner. Thus far I had from Mr Forster, and my curiosity tempted me yesterday to be a spectator of the catastrophe of the tragedy which I saw every circumstance of, except that of giving the blow. The two Lords came out of the Tower, about half an hour after ten, to an house prepared for them opposite to the scaffold, which Lord Kilmarnock mounted at twelve, according to my watch, which agreed with St Paul's clock, for that of the Tower was twenty minutes slower. His behaviour there was solemn, decent and composed ; and he shewed great attention to the exhortations and prayers of Mr Forster and Mr Hume, the former of whom particu- larly called upon him to avow his abhorrence of the Rebellion and his full satisfaction in the present government, which he readily did in a few words, delivering a paper to Mr Forster to the same purpose. He then put on his night cap and took off" his coat, and having taken leave of those about him, kneel'd down to the block ; and then rising, put off his waistcoat, and laying his head down again, lift up his hands as praying for some minutes ; and at last gave the sign, when the executioner severed his head from his body by two strokes, the first of which effectually did the business, about 25 minutes after twelve. Lord Balmerino's behaviour was exactly correspondent with that on his trial. He was dress'd in his regimentals, blue turned up with red, a scarlet waistcoat and a tie wig. He entered the scaffold about 20 minutes before one, with the air of, an actor on the stage, and walked up first to view his coffin and then several times over the scaffold, and having taken a paper out of his pocket, read it to the gentlemen about him, in which he declared his \ Charles Stewart, fifth Earl of Traquair, one of those who took part in the prepara- tions for the Prince's expedition and was excepted from the Act of Indemnity of 1747 ; died 1764. FATE OF KILMARNOCK AND BALMERINO 577 satisfaction in the cause for which he died, reflected upon the present government, extolled the Young Pretender, denied the orders given for no quarter which, he said, Lord Kilmarnock and he were most likely to know of, as commanding the Guards, if such orders had been given ; and in the close of his speech expressed himself with great severity of General Williamson, referring for his character to the 109th Psalm, the 5th and following verses to the I5th\ He was interrupted in the treasonable part of his speech by an officer, to whom he replied with some sternness, taking off his spectacles — Sir, give me leave. He gave his speech to the Sheriff, then called for the executioner, to whom he gave all the money he had in his pocket, (as Lord Kilmarnock had done before), and instructed him to strike near his head, took the axe into his hands, tried the block on the wrong and then on the right side, gave his wig to a warder, put on a plaid night cap, took off his coat and waistcoat and afterwards his flannel waistcoat, and without taking any notice, that I observed, of the chaplain of the Tower or the other clergyman, who attended him, or the least act of public devotion, walked up to the block and immediately gave the sign, upon which the executioner divided his head from his body by three blows, the first of which took away all sense from him. Some persons affected to admire his intrepidity ; but the more judicious, and even the much greater majority, preferr'd the meekness, serious- ness and piety of his fellow-sufferer. And I perceived that the effrontery of the former absolutely eras'd all the awful impressions made by the behaviour of the latter, and had the same effect as a farce at the end of a tragedy.,.. Tho. Birch. Ho?i. Philip Yorke to Col. the Hon. Joseph Yorke [H. 15, f. 142.] London, lyd Deer, 1746. Dear Jo, ...Lord Lovat's impeachment passed nem. con. [in the House of Commons]. The letter laid before the House, signed by himself, and the handwriting proved by his Secretary, to whom he dictated it, is enough to hang the first Duke in the Kingdom. In this letter, which was intended for Murray, he recommends his son, (whom he calls the darling of his old age), to his protection, mentions the having sent him out at the head of the clan to fight under the eyes of the glorious Prince Royal, expresses his old strong attachments to the Stuart interest, and laments with concern that he is unable, through age and infirmity, to venture his old bones in the service of the Young Pretender.... You may probably have seen my name in print as a manager, and I assure you the being perched up as a public orator in Westminster Hall appears ' The imprecation beginning: "Set thou an unyodly man to be ruler over him." General W. was the Lieutenant-Governor of the Tower, Y. 37 5/8 TRIALS OF THE REBEL LORDS to me at present in a very terrible light. I hope you will be over before that time to prepare me for the solemnity with a proper dose of that sal volatile of spirits which you carry about you, and administer so a pj'opos to your friends. The articles are in number seven, and there is a handsome preamble setting forth the odiousness of the Rebellion. We charge him with receiving commissions from the Pretender in 1743 and 1745, with levying war against the King by sending out his clan to join the Rebels, with corresponding with the Young Pretender, Murray, Lochiel and other traitors, and aiding and encouraging them to prosecute their treasonable designs. The old fellow was brought last Thursday to the bar of the House of Lords, when he behaved with great unconcern, and affected to claim acquaintance with, and talk to, several. He pretended not to hear one word of the articles when they were read to him by the Clerk, and yet answered readily to my Lord when he spoke to him from the Woolsack. He has four counsel and three solicitors allowed him. He complained by petition that his estate had been granted away in an extraordinary manner, and that since his confinement he had subsisted on the charity of Gen. Williamson. Lords Gr[anville] and B[a]th took this complaint up and said the House was obliged ex officio to redress it. The latter thought they should punish whoever had illegally sequestrated his estate. The Lords ordered that the Advocate should report if the case was as Lord Lovat had stated it, and should put him in possession of his estate in the same manner as if he was not in custody. He has time till the 13th of next month to put in his answer.... P. Y. Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 246.] Twickenham Park, Deer i^th, 1746. Dear Joe,... As I know your zeal in everything that has any relation to your great and gracious Master is eager and unbounded, take the following account of the affair you enquire after. It took its rise in the House of Lords from Lord Lovat's petition, whereof a copy is enclosed, and which he presented at the bar on Thursday the i8th instant. As soon as the petition had been read and his Lordship withdrawn, the Duke of Newcastle took it into his hand and made the proper motions for counsel, solicitors, time to answer, etc. After this my Lord Granville, with a high tone of voice and strong words, took up the other part relating to his estate. He represented it as the boldest assertion that ever was made by a man standing at the bar in his circum- stances ; that the petitioner made it at his peril, but it became LORD LOVATS STRONG BOX 579 that Court, which was to judge him, to see that, before conviction, he was not stript of the means of making his defence. This he urged in various lights, and tho' he concluded with no particular motion, his arguments tended to stopping the proceeding till the matter was enquired into, and that the House ought to interpose in it. The Duke of Newcastle answered him with great spirit, and gave the House an account of the only applications Lord Lovat had made to him, the first in September about a sum of ;^iooo, which had been stopped in his banker's hands at Edinburgh, and the last about a fortnight before, concerning the rents of his estate and his strong box, upon both which the King had given the proper orders, tho' no return had yet been made to either. My Lord Bath spoke next in the same sense with my Lord Granville, but concluded with a motion for an address to his Majesty to be informed who gave the orders complained of in the petition. After this some other Lords spoke, and Lord B.'s motion was treated as it deserved. In particular, my Lord Cholm[ondeley]^ left the persons he is at present connected with, and differed from Lord B. in this point. The tendency of the whole was obvious and accordingly thought of; but the immediate point of business was to prevent this pretence from being made use of as a handle to obstruct the proceeding. The King's servants having not received from Scotland any full or clear account of the fact, could speak only from hints and conjectures. To go into an enquiry to make it clear would have answered the old Fox's purpose to spend time and create delay, and yet (as it usually happens in such cases) many Lords thought, as a general proposition, that it concerned the jurisdiction and authority of the House to come to some resolution upon it. The shortest way seemed to be to make a kind of declaratory order, that since the Lord was in custody and under prosecution, he should be permitted to receive the rents and profits of his estate by his factors or agents. This was grounded on the present circum- stances, without regard to what had passed flagrante rebellione, in which whatever was necessary was undoubtedly justified by that necessity : and happy was it for us all that we had a head and hand that understood and dared to execute it! As to the strong-box, little notice was taken of it in the House ; but I suspect there may be some mistake in the account you have received concerning it ; for Capt. Ferguson, having since the debate been spoken to by the 1 George, third Earl of Cholmondeley, son-in-law of Sir Robert Walpole; Lord Privy Seal, 1743-4- 37—2 58o TRIALS OF THE REBEL LORDS Duke of Newcastle, owns he has it and also between ;^200 and ^300 of the money which was taken in it. Two days after this petition, an answer (tho' imperfect) came from the Lord Advocate of Scotland to the Duke of Newcastle's letter, which had been sent on Lovat's last application to his Grace. By this it is said to be admitted by his own factor that no orders had been given to receive the rents of his estate in general, but that some person had been appointed by Sir Everard Fawkener to take possession of a particular farm, which was in Lovat's own occupation ; which appointment is understood to have been cau- tionary only. This is the best account I can recollect of this odd affair, which I am persuaded can end in nothing but to increase the indignation against those who have appeared so warm in it... God send you a good voyaged Adieu ! Hardwicke. Hon. Elizabeth Yorke to Col. the Hon. JosepJi Yorke [H. 39, f. 23.] London, March i^th [1747]. I feel myself so much obliged to my dearest Brother, that I cannot help taking the first opportunity of telling him how sensible I am of the very kind manner in which he has opened the campaign of our correspondence.... Besides, you know the distinction of having received the last letter from Jo makes one of so much importance, while it lasts, that vanity, as well as affection, bears a part in the satisfaction it produces. In this view, it must be owned the packet, I am now returning thanks for, was attended by some circumstances of extraordinary e'clat, since it was delivered in Westminster Hall on Tuesday, and conveyed to me from his Grace the Lord High Steward by the hands of Miss Di. West. The place and dignity I have just mentioned tell you at once the situation of affairs at Powis House, the subject of attention and conversation throughout the town, and what this paper is like to be filled with. And in the first place I must say I could wish you had never seen Lord Lovat, that I might send Hogarth's print of him in return for your charming and picturesque description of Made, la Marechale de Bathiani, which was certainly very judi- ciously addressed to a lady, since it is always held that each of us ^ Col. Yorke returned to Flanders at this time with the Duke of Cumberland. TRIAL OF LORD LOVAT 581 thinks abuse upon others the highest flattery to herself. Que ceci soit dit 671 passa7it. I shall now proceed to give you a general account, of so far as are past, of the proceedings in what will be a very long trial. It began on Monday, and the Managers opened their charge by three speeches by Sir William Yonge, Lord Coke and the Attorney General [Sir Dudley Ryder]. The first touched on the general topics of Jacobitism and the Rebellion, the second was something of the same sort but extremely short, and the third contained the particular charge against the prisoner. My Lord then desired that, on account of his age and infirmities, his solicitor might be allowed to take notes and ask questions for him. The first part of his request was granted, but he was told that it was contrary to the rule of law for anyone to assist him as to matters of fact, and that he must therefore examine and cross-examine for himself After this there were two evidences called, to whom the prisoner objected, as being his tenants and therefore interested witnesses. This he could bring no proof of, and they denied it upon oath. They were then examined and proved his drinking Jacobite healths, calling the Pretender's family by the royal names, reading their declarations, and telling those that found fault with them that they talked treason, with other such facts. On Tuesday M^ Secretary Murray was brought to give his evidence, and objected to by Lord Lovat as being an attainted person and consequently not a competent witness. To this the Managers answered that he had been brought into the King's Bench the last term, and had been asked why sentence should not pass against him according to the Bill of Attainder ; that to this he had pleaded the having surrendered himself, and being amenable to justice before the time limited in the act, that the Attorney General by warrant from the Crown had confessed this plea, that Murray had been thereupon remanded to the Tower to take his trial in the common course of law, that there had been a record made of this proceeding in the Court of King's Bench, that they had brought that record as an evidence of the fact and desired it might be read. Lord Lovat then objected to the reading of the record, and said he would produce several witnesses to prove that Murray did not surrender himself, and desired his counsel might be heard'. He was asked which objection he desired to have argued, that against reading the record, or that against Murray's surrender, when by a great oversight he chose the first. This he did probably with a notion of farther delay, thinking he 1 Murray had in fact been apprehended before July 12, 1746, the date ot the Act (see p. 547); his apprehension, according to "the equitable construction of such acts," being "considered equivalent to a surrender," H. 15, f. 200. "The Chancellor told us that it would be very hard upon the subject, if you laid it down as a rule, that when a man was apprehended before the day for surrender was elapsed, and so prevented from having it in his power to surrender, if tlie Crown should strain their power in so vigorous a manner as to insist upon his being attainted." New Spalding Club, Hist. Papers (iH(jr,), 332. 582 TRIALS OF THE REBEL LORDS might take up the other afterwards, but there he was deceived ; for after his counsel and the Managers had been heard, the Lords adjourned ; and after a debate (between Lord Talbot, Lord Bath and some others on one side, and the High Steward and the Duke of Bedford on the other), it was resolved without a division that the record should be read, which was done on their return to the Hall and closed the proceedings there for that day ; but the Lords afterwards resolved in their own House that Lord Lovat's counsel should not be permitted to argue against, nor produce witnesses to falsify, a record of the Court of King's Bench. With this the High Steward acquainted the Prisoner the next day; and the Managers then entered upon Mr Murray's examination by desiring him to give the Lords an account of what he knew in relation to the designed invasion in 1743 and the plot formed in concert with it, which their first article charged the prisoner at the bar with being concerned in, Murray then began to relate the first steps taken towards this conspiracy, and, among other things, gave the substance of several conversations between him and Lord Traquair, in one of which my Lord had told him that he had been endeavouring to procure such assurances as had been desired from the Pretender's friends in England, that he had had frequent meetings with some of them and named Lord Barrymore\ Sir John Hynde Cotton, and Sir Watkin Williams Wynne", that Sir John Cotton particularly was very shy in his behaviour upon the subject. — He was going on when Lord Talbot^ stood up in a rage and interrupted him ; said the witness should not be suffered to proceed, that this was only a hearsay story, that the evidence was calumniating persons he had the highest regard for, and things of this sort. This produced great altercation between him and the Managers, and ended in their telling Murray that he need not in the rest of his relation name any person that was not essential to his story, till he came directly to the prisoner at the bar. He then went upon the rise and progress of the late Rebellion, and in the course of his examination other accidents produced more disputes, and the heat of the person I have named as the interrupter was with difficulty kept under. Murray, however, behaved most amazingly well, neither bold, nor daunted ; told his story, which was very long, in the genteelest and the fairest manner, and in the properest words, and answered very perplexing questions with great cleverness and ingenuity.,.. Yesterday was the next day the Court sat, when the Managers entered upon the written evidence, and in support of your papers (you understand what I mean by that appellation)^ brought Hugh P'razer, the secretary ^ who was as extraordinary in his way as Murray ; very sensible and intelligent, tho' unwilling in his manner. He proved the father's having forced the son into the * See p, 304 w, ^ See pp. 76 «., 537. 2 Son of the late Chancellor. See p. 252 n. * Probably papers taken after Culloden. State Trials, xviii. 727. s Formerly Lord Lovat's secretary. MURRAY OF BROUGHTON'S EVIDENCE 583 Rebellion, and shewed great indignation at him for it. Sir Everard Fawkener was also examined the same day and by Mr Yorke^; and here I must go out of my way to tell you what Lord Lovat said to your friend. He was asked whether he w^ould put any questions to Sir Everard, to which he answered No, and then smiling turned towards him and said: Sir Everard Fawkener,! am your very Jiiivible servant: I wish yon Joy of your young wife"^. Your own risible muscles will tell you how this was received by those who heard it. There were also some less important witnesses called yesterday, and in the course of the examination of one of them, Lord Talbot took up and misinterpreted some words of Sir William Yonge's, who explained himself but not to my Lord's satisfaction, so that the dispute rose to such a height that the High Steward was forced to interfere with authority, and to declare that tJie Jionourable Manager was in the right. If this had not put an end to the debate, there were great apprehensions that the Commons would, on their return to their own House, have sent to demand satisfaction of the Lords for this treatment of their Manager ; but the High Steward's conduct was afterwards acknowledged with the warmest thanks by Sir William, and the Speaker sent him his sense of it in the most pompous terms I daresay you have already heard enough to make you not wonder at the Prisoner's having one day kissed the noble Peer I have so often mentioned ^ Lord Lovat's behaviour is very inconsistent, complaining of blind- ness and deafness, yet reading without spectacles and hearing when it is convenient. In short he seems to me strong enough to kill half his judges, tho' he sometimes tells the Lords he shall die at their bar, and that, if they will not give him a day's rest, they may as well order his funeral...,! must not omit mentioning that Princess Amalie attends constantly ; she has a little bo.x made out of Lord Orford's gallery. You will easily imagine that Murray's evidence makes a great noise, and it is not unlikely but it may have further consequences. Two of the persons he named were absent, but our neighbour^ had affectedly placed himself in the first row of the Commons, and attempted to turn off what w^as said by a most audacious behaviour of grinning and laughing. However, the next day, there was a meeting of about 40 Tories to consider of what they should do upon the occasion, and it was apprehended that they would take notice of it in the House; but as that has not yet been done, some people are disposed to surmise that they are ^ According to State Trials, .xviii. 695, 745, Sir E. F. was examined by the Attorney- General and Thomas Fraser by Philip Yorke, as one of the Managers. Charles Yorke was engaged as one of the Counsel for the Crown. 2 lb. xviii. 746. Sir E. F., aged 63, had married in February Harriet Churchill, aged 21. See p. 494 «. 3 Lord Talbot. •• Sir John Hynde Cotton of Madingley Hall, Cambridgeshire, M.P. for Cambridge, a leading Jacobite, had been included in the government on its reconstruction in 1744 as Treasurer of the Chamber, and was dismissed this year, lie dietl in 1752. 584 TRIALS OF THE REBEL LORDS afraid of making bad worse, of which there does indeed appear to be danger, as this has certainly opened a new scene and it is not easy to see where it will end. I should have added to my account of Murray's evidence that it was very material against the prisoner, proving that Lord Lovat was present at a meeting with Murray and several Chiefs of the Rebels a little while after the Battle of Culloden, where it was proposed by my Lord, and agreed to by the rest, to raise 3000 or 3500 men for the defence of their country against the King's forces ; that 400 of them were to be Frazers and that there were 70 louis d'or's then given to a servant of my Lord's to pay his men for 10 days. Murray's account was supported by Hugh Frazer's examination, which has made a great impression upon the hearers. Tuesday, March the i']ih. As my letter could not set out till this day, I determined to add yesterday's proceedings to those of the former days. There were a iew letters read which were first proved by Robert Frazer, a secretary of Lord Lovat's, and Mr Murray. Sir John Strange^ then summed up the evidence in a speech of about an hour long. The High Steward then asked the prisoner what he had to say in his defence. He answered that he had several witnesses to produce, that one of them was a member of the House of Corjimons, and he desired to know how he must apply to have leave for him to appear —adding that he wanted 4 or 5 days, at least, to prepare for his defence. The Lords then returned to their own House, and sent a message to the Commons for leave that Mr M'cleod^ might be examined at their bar (he being the person Lord Lovat desired to call for a witness) ; and then, not thinking it could be any way necessary to allow more time, as he had already had so much, they adjourned only till to-morrow. It is said that Mr M'cleod turned quite pale on being thus summoned and that he is very angry at Murray, for having said in his evidence, that he had delivered one of the Pretender's general letters of encouragement (designed for his friends) to him; M'cleod denies that the letter was delivered to himself, but owns it was given to somebody for him.... The most affectionate compliments of all the family attend you, and iny Lord Steward ordered me to make many excuses to you for him for his not having wrote to you, as he fully intended to have done, but that the business of his great office has prevented him 1 Lord Hardwicke's old friend, and author of the Reports, who had refused the Mastership of the Rolls in 1738 and, after taking part in the attack on Walpole in 1742, had resigned his office of Solicitor-General and retired from his legal practice. He was now M.P. for Totnes and one of the Managers in this trial for the Commons; in that of Balmerino he had been Counsel for the Crown. In 1750 he accepted the Rolls and died in 1754 ; see above, p. 54. ^ Norman Macleod, M.P. for Invernesshire. He was not called by Lord Lovat. New Spalding. Club, Hist. Pap. (1895), 337. II "A STRANGE, TOUGH, OLD HIGHLANDER'' 585 ...I will not add anything more than the most earnest wishes that the prophecy made to you, Gene'reux Gucrriers, may be fulfilled; and a votre egard, let me add, may your laurels be crowned with safety.... Paper and reason both forbid a formal conclusion; you know I am most affectionately yours, E. YORKE. • • • Sweeting insists upon my sending her duty and prayers. Lord High Steward to Col. the Hon. Joseph Yorke [H. 6, f. 256.] Powis House, March i-jth, 1747. Dear Joe, ...The Commons have laid siege to old Lovat ever since Monday the 9th instant, when they opened the trenches. When they will carry the place is uncertain. We have had stories of his intending to surrender at discretion; but those were false rumours, and to-morrow he is to make his grand sally. He has summoned Macleod to be a witness for him, which occasions much speculation. A prodigious strong evidence has been given for the Commons ; but he is a strange, tough, old Highlander, always complaining of the weakness of his forces, but appears to be stronger than anybody. The Princess Amalie has done us the honour constantly to overlook and overhear us from my Lord Orford's gallery. By what we are told, this letter will probably overtake you just as you are taking the field. God send the Duke success and glory, and keep you in safety. I wish the Dutch and Austrians may have their contingents ready in time. For my own part, I have not liked the appearances from thence for some time, no more than from Turin. Wrangling about trifles, they lose great objects; and, provided their subsidies are early paid, seem to regard little else. I should be extremely glad to have an exact account of your strength, and that of the enemy, as soon as you take the field. If the French are in earnest to bring their King thither, I shall think they really mean to be very strong. But having nothing to say and much to do, I must conclude.... HARDWICKE. Distribute my compliments in due manner to all friends. I hope the Duke likes my Scotch l^ill, which cost me more trouble than I can telP. 1 For abolishing,' the hereditary juristiiclions, see pp. 592 sqq. 586 TRIALS OF THE REBEL LORDS Hon. PJiilip Yorke to Col. the Hon. Joseph Yorke [H. 15, f. 150.] March 24/^, 1747. Dear Jo, As I have already troubled you with a long account of the first part of Lovat's trial, you may take the conclusion from me too, which may be comprised in much fewer words. When he was brought to the bar on Wednesday last, instead of attempting any defence by witnesses, he gave in a written speech which was read by the Clerk, wherein he abused our evidence, particularly Murray and Robert Frazer, and complained that his own had been hindered by extraordinary methods from coming up, and argued against the fitness of admitting accomplices in guilt to become witnesses, without a previous pardon. This sort of defence could furnish little matter for a reply. However, the Solicitor^, whose province it was, spoke after him, and showed under what species of treason the different overt acts fell, which had been proved against the prisoner in the course of the trial. He also showed how the general evidence of the plot was confirmed by the letters, and vindicated the competency of the witnesses. Lovat had afterwards a mind, upon a question of Lord Talbot's, to call two witnesses to prove the restraints laid in Scotland upon some of his own ; but this was opposed by the Managers as irregular in point of time after they had finished their reply, and unnecessary to the prisoner, whose innocence could not be cleared by such evidence. The truth is, that in two petitions, he gave in before his trial, he set forth that some of his witnesses were sick, that others refused to come so long a journey, and prayed for further time on that score; but intimated not one word of any restraint on the part of the King's officers in Scotland. He had 17 witnesses in Town, but did not think fit to call any of them. The Lords found him guilt)' that day, and the next (Thursday) he was brought down to receive sentence, when, being asked if he had anything to move in arrest of judgment, he again enlarged upon his services in the year 171 5, complimented the D. of A[rgy]ll, talked of his gratitude and attachment to his dear master, the late King, and his respect for the present, but without asserting either his innocence or repentance. I thought his tale a tedious one, but what last dropt from him was a key to the whole, viz. that if his company had been left him, there had been no rebellion, i.e. he had never joined in one". 1 shall say nothing of my Lord's oration. You have it in print ; it speaks for itself. When the old rogue recommended himself to mercy, it was highly indecent in him not to say a word of his son. Upon the whole, his behaviour has been without dignity and decorum, and 1 William Murray (1705- 1793), Solicitor-General, afterwards Lord Chief Justice and first Earl of Mansfield, of whom much hereafter. 2 See above, pp. 572, 574. LORD LOVATS EXECUTION 587 calculated to carry on to his grave the general odium which the infamy of his character had acquired \... Hon. Charles Yorke to Col. the Hon. Joseph Yorke [H. 37, f. 67.] April \ith, 1747. ...Old Lovat's behaviour at his execution- was suitable to the rest of his whole life, insensible to the terrors of death or intrepid (if you will), without dignity or true firmness. He called for the axe as soon as he was brought upon the scaffold, and felt with his fingers round the edge of it, and then told the executioner he believed it would do, exhorting him not to mangle him (Lovat) as he had done old Balmerino^ He spoke a few words to the people about him, declaring that he died a Roman Catholic and a Jansenist, that he had been uniformly loyal to the rightful King nor ever betrayed his cause, that he had injured no man in the course of his life nor anything, not so much as a hired horse, had been fretted by him. A very just representation (doubtless) of the sincerity of his heart and the innocence of his life and manners !... 1 See also H. 15, f. 197, the detailed account of the trial and of the evidence produced, written by Philip Yorke to his brother who adds: " I think this trial will make a fine appearance in print"; also State Trials, xviii. 529 sqq. ; Lord Malmesbury's Letters (1870), i. 52 sqq. ; New Spalding Club, Hist. Pap. {1895), 331. * Cf. account in State Trials, xviii. 842. 2 See above, p. 577. CHAPTER XVII SCOTLAND. REFORM AND PROGRESS On June 17, 1747, soon after the trial of Lord Lovat, an Act of Indemnity which gave a free pardon to all who had engaged in the Rebellion and had returned to their allegiance, passed the Parliament, when a large number of prisoners were released from the gaols ; and however necessary and deserved were the penalties enforced upon the guilty, it is a relief to pass on from the punitive and repressive portion of the policy of the Administration to the subsequent measures for securing good government in Scotland, and for uniting the victorious and the defeated in the common bond of loyalty to the British throne. Immediately after the battle of Culloden the Chancellor had written: "We shall now be proceeding by laws"; and this great work of construction was forthwith taken up. No man, then living, probably, could have approached the difficult political and social problems involved, which touched not only personal and individual rights and sentiment but also national jealousies, with equal breadth of view and equal precision. No one else could have decided so clearly the relative importance of details and minor difficulties which accompany every great reform, or have applied with so much certainty and utility the knowledge of precedent and analogy by the light of which legislation is viewed, not as a mere opportunist change to satisfy an ignorant popular demand of the moment or to gain power for a faction, but as a real developement incidental to the natural progress of the nation. Something more was now wanted than the quiescent Walpolian policy — qiiieta non movere — and on the other hand something more required than the mere " prompt measures " of repression, urged upon the Govern- ment by the army and the Duke of Cumberland. Rising above the prejudices of the day, Lord Hardwicke's mind was entirely free THE CHANCELLORS TASK 589 from, and uninfluenced by, that dislike, jealousy and contempt of the Scots, then so universal and so injurious to the developement of good relations between the two kingdoms. It happened, more- over, that no English Chancellor had ever possessed Lord Hardwicke's knowledge of the law and constitution of Scotland. He was well informed regarding the affairs and state of the Northern kingdom. He had family ties with Scotland ; his eldest son had married into the family of Lord Breadalbane, the repre- sentative of one of the great Campbell clans, and he had long maintained a friendship and acquaintance, and carried on a correspondence, with the chiefs of the powerful Scottish families, with the military officers engaged in suppressing the Rebellion, including his own son, Colonel Joseph Yorke, and with various individuals connected with the government of the country. With the Scottish judges especially he had always cultivated good relations, and was regarded by them with genuine respect. Lord Hardwicke had the lawyer's insight, the statesman's outlook, the historian's knowledge, the authority and influence of one who had gained the trust and respect of all parties and whom all honoured. Lastly he brought to his task that inestimable quality of firmness combined with perfect tact and good humour, without which the most brilliant talents and the most conscientious efforts can often effect nothing. The problem to be solved was of a kind which inevitably occurs wlren a higher social organisation comes into close contact with one less advanced. Institutions, which had been created in an elementary state of society, are found to be totally out of keeping with the new conditions and opportunities of life. The object of feudalism had been the protection of all classes of the community against the despotism of the supreme ruler, and the defence of the weaker units of society at a period when the central justice was not strong enough to reach them. In reality, it had often been used for other ends, for the oppression of the weak and the annihilation of law and order ; and in Scotland, in particular, the independent power of the barons had been doubtless one of the chief causes of the disturbed history of that kingdom. In England, the fountain of justice had never been allowed to flow from any source but the throne; and, with some few exceptions on the borders, private jurisdictions had been stamped out rigorously by the Norman kings. The course of English history proved the wisdom of this policy and showed that the great barons, though 590 REFORM AND PROGRESS deprived of such jurisdiction and power, were strong enough to withstand the King on occasion, and disinterested enough to safe- guard the liberties of the inferior classes. In Scotland, in many parts of the country, regalities and heritable jurisdictions were still in existence. The relations be- tween lord and man were such as were never found even between the master and the serf in England. The lord had the power of life and death over his vassals, unrestrained, except by his own arbitrary will, by any regulations ; and he wielded an au- thority over his subjects such as no King of England had ever possessed. They were in fact slaves, exposed without defence to the cruelties and exactions of their masters and without possi- bilities of escape. Though the infliction of capital punishment had generally fallen into disuse and was rarely exercised, the most flagrant abuses were practised, especially in the smaller and less important courts, the jurisdictions of which were often used as a means of taking vengeance on some enemy of the clan, while the odious crime of kidnapping and of selling men and boys to the American planters largely prevailed ^ It is surprising that such a condition of things should have existed so long, but it would probably have continued even longer, had not the resulting political danger drawn attention to the social evil. The abuse had long been recognised. The illustrious Bacon, at the accession of James I, had wished to conform the Scottish laws to the English ; and James I himself had condemned these powers in the Basilicon Dorou addressed to his eldest son : as " the greatest hinderance to the execution of our Lawes... which being in the handes of the great men do wracke the whole countrie-,'' and advised the Prince to suppress or restrain them as far as he could. The framers of the Act of Union had refrained from dealing with them, and from exciting animosities against their great measure, and it was expressly laid down in the Act that the heritable jurisdictions should be reserved to their owners. They were left untouched again in 1716. Sir Joseph Jekyll, the late Master of the Rolls, and one of the most sagacious and farseeing statesmen of his time, writing to his nephew Sir Philip Yorke in 1723, urged strongly the necessity of disarming the Highlanders and 1 J. H. Burton's Hist, of Scotland (1873), viii. 520. 2 Quoted by Lord Hardwicke in his speech on the Heritable Jurisdictions Act, Pari. Hist. xiv. 25. Sed nihil est, quod legum usum magis impediat, quam Juris regalis haere- ditaria apud quosdam nobiles potestas ; vera totius Regni calamitas. H ERE D IT A R Y JURISDICTIONS 5 9 1 suppressing the jurisdictions^ Nothing however had been done. The reform was in fact one of those which involve considerable opposition and difficulty, which offer little advantage or reward to any party that effects them, and which incur the risk of unpopu- larity, and are therefore not very readily taken up by politicians. The recent rebellion, however, had shown the danger of leaving the actual state of things unreformed. The absolute power of the laird over his men, their total dependence upon him for their lives, their property and their subsistence, resulted in their entire ex- clusion from the national life. " Every duty, moral or political, was absorbed in affection and alliance to their Chief.... The clans knew no law but the Laird's will. He told them to whom they should be friends or enemies, what king they should obey, and what religion they should profess'^." Of the King's courts of justice, of the central government they never heard. They knew nothing of the political events of the day, and their attitude was decided only by the personal tie which bound them individually to their chief, whom they followed willingly to fight for King James or King George. The existence of bands of men, which at any moment could be turned into small armies at the bidding of a few great chiefs, some of whom were avowedly hostile to the Hanoverian dynasty and to the national religion, was a political danger which could no longer be permitted to continue, and the question was thus forced upon the attention of the cabinet, A favourable oppor- tunity for the introduction of reforms now offered itself. The failure of the rebellion had completely exhausted the Jacobite resistance. The large majority of the Scottish magnates were engaged on the side of the government and were willing to yield up their privileges in return for security and good order ; and the Duke of Argyll, in particular, who represented the administration in Scotland and who, as hereditary justiciar of Scotland, owned the largest and most important jurisdiction, had acquiesced in the change, though somewhat unwillingly. It was a matter of some delicacy to thus destroy ancient rights and institutions bound up with the national life and sentiment, which had been reserved by the Act of Union. The Chancellor, however, to whom was left the whole management of the new legislation, proceeded with characteristic tact and consideration for Scottish sensibilities. He refrained at first from introducing a Bill 1 II. II, f. 54. - Dr Johnson, "Tour in the Highlands," IVorks (1825), vi. 42, 82, 90. 592 REFORM AND PROGRESS himself, but on August 5, 1746, he moved in the House of Lords for an order upon the Lords of Session in Scotland themselves to draft a Bill of reforms, and to transmit to the House a return of those who owned the regalities and jurisdictions. In bringing forward his motion he disclaimed, " as he had done in all other places, and on all other occasions," all personal or national application, expressed his opinion that the Rebellion was, in part at least, the result of a defect in the constitution of the kingdom, which exempted a great portion of Scotland from the authority of the Crown, and pointed out the necessity of completing the Union according to the intentions of the framers of the Act of 1707. The motions were carried without any division, " but without the least support from the Duke of Argyll, who sat by in a corner silent and complained of the headache^" The overtures to Scotland, however, met with little response. The Scottish judges were jealous of English innovations and honestly doubtful of their success^; and in their reply, while they forwarded certain useful suggestions, they dwelt on the great diffi- culties to be surmounted and on the clause in the Act of Union, which " secured " these jurisdictions as " rights of property." They "judged it improper for them to present their Lordships with the draft of a bill " on the ground that " rights of property " " would be extinguished," and finally they could give no information con- cerning the proprietors of the jurisdictions, since their records were either lost or indecipherable^. This disappointing return was read to the House on January 22, 1747, and on February 17 the Chancellor brought in his own Bill, " planned," as Charles Yorke informed his brother Joseph, " without any help from the Scotch*." The speech made by him in introducing the measure is not untruly described by one of the latest historians of Scotland as " powerful, temperate and luminous," and as " worthy of a great occasion^" It was afterwards printed for private circulation and 1 See T. Birch to P. Yorke, August 9, 1746, giving account of this debate and of the Chancellor's speech, printed in Pari, Hist. xiii. [416. ^ p. 612. 3 lb.; Pari. Hist. xiv. 2 ; Duke of Argyll in Scotland as it 7oas and is, 275-9, where however he is in error in stating that President Forbes "drafted the Act" and sent the draft on which the law was based ; Culloden Papers, 288. ^ p. 605 ; for Lord Ilardwicke's " first sketch of the Bill abolishing the Heritable Jurisdictions in Scotland," in his own hand, see H. 542, f. 76 ; for proposals of President Forbes, Dundas, and others, ff. 80 sqq. 5 W. L. Mathieson, Scotland and the Union (1905), 376-7. THE CHANCELLOR'S SPEECH 593 reprinted in 1770^ and according to Charles Yorke, it was taken down as he spoke from short notes-. He began by discussing the objections put forward by the Scottish judges, to whom he took care to pay a personal tribute, as " very able, learned and honest men," to whose opinion he paid great deference. Their chief plea, however, that the jurisdictions were " secured " in perpetuity to their owners by the Act of Union, could not stand. They had, in fact, according to the Act, been not "secured" but only " reserved" to them, " in the same manner as they were now enjoyed by the Laws of Scotland," that is, subject to the Parliament of Scotland, as they now w^ere subject to the Parliament of Great Britain. As for his own reasons for supporting the Bill, the late Rebellion was not one of them, though it might be the occasion, and the measure might be more necessary when there was a Pretender to the Crown. Further, he continued, " I disclaim any reason drawn from the notion of a general disaffection in Scotland, which one has heard so much and so injuriously talked of. I consider it as an imputation upon that country highly imprudent, impolitic and unjust. Great part of the people are extremely well affected to this government and this constitution... and the liberties of their country This makes me reflect with detestation on those infamous incendiary pamphlets and papers, written and sent abroad into the world, with a design to raise and inflame dissensions and make a breach between the two nations. They are most wicked and criminal libels; highly criminal and punishable bylaw; and should this spirit be carried on longer, it will deserve the con- sideration and censure of your Lordships." Nor was it one of his reasons that the actual possessors of the jurisdictions were unfit persons. He saw, even then in the House before him, holders of these rights worthy to be entrusted with any powers, which it was proper for the Crown to entrust to subjects. But men were mortal. Governments, in the view of lawgivers and founders of states, were, on the contrary, framed to be perpetual. He hoped indeed that the Constitution of Great Britain might be immortal, as well as the Protestant Succession. iSut to preserve them all seeds of disorder and con- fusion must be removed — " My Lords my true reasons are drawn from known and allowed maxims of policy. I think the parcelling out the power of jurisdiction, originally lodged in the Crown, in this manner, was a wrong and dangerous model of government; ' Also later in the Pari. Hist. xiv. 9. - p. 172. Y. 38 594 REFORM AND PROGRESS I say of government in general, because I look upon the adminis- tration of justice as the principal and essential part of all government. The people know and judge of it by little else. The effects of this are felt every day by the meanest, in the business and affairs of common life. Statesmen indeed have their attention called off to more extensive political views ; they look abroad into foreign countries and consider your remote interests and connections with other nations. But of what utility are these views, great as they are, unless they be referred back to your domestic peace and good order .'' The chief office of government is to secure to us the regular course of law and justice. When the King therefore grants away jurisdiction, he parts with so much of his government... and this tends directly to dissolve the bond of union and affection between King and people Hence arises a dangerous and unconsti- tutional dependence — and how can it be otherwise .'' The people will follow those who have the power to protect or hurt them." The mischief had long been recognized in Scotland, and to remedy it those exorbitant powers of the Scottish Privy Council had grown up, which themselves proved more arbitrary than even the Star Chamber in England, and which were at last abolished after the Act of Union. The fundamental evil should now be removed, and the powers of jurisdiction restored to the Crown, the allegiance of the people fixed upon that sacred object, where alone it ought to rest, and the benefits of this limited monarchy, the foundation of the national liberties, diffused over the whole United Kingdom. He proceeded to explain in detail the changes effected by the Bill. By this the whole of the heritable jurisdictions were abolished, but not without compensation to their actual possessors. Further clauses provided for the abolition of compulsory written evidence, a cause of delay and expense in the Scottish Courts, long com- plained of, and for the transference to the Crown of sentence money and fines which had hitherto alone provided the payment of the sheriffs and stewards and which furnished occasions for partiality and corruption. The sheriffs now obtained a fixed remuneration for their services. Their jurisdiction, as well as that of the judges, was increased ; while the judges' circuits, which were now to replace the former jurisdictions of the chiefs of the clans, were extended and regulated. The Bill was then read a first time without opposition. But the measure, by providing compensation, had become a money bill; and it was therefore, with some wise alterations embodying objections ABOLITION OF THE JURISDICTIONS 595 of the Scottish judges and leaving, according to the precedent of Cromwell's reforms, jurisdiction to the baronial courts in civil cases of 40^'. value and for the recovering of rents, as well as petty- offences punishable by a fine of 20s., or the stocks S transferred to the Commons where, after considerable opposition and obstruction, it was finally carried by the substantial majority of 137 to 53 on May 14, 17471 On May 21, 25, and 29 it was debated again in the Lords, when the Duke of Argyll made a long and very able speech, in which he dealt with the history of the courts, endeavoured to show their utility in the past and supported their abolition at the present time I The Bill was subsequently passed without a division in spite of the singularly feeble protests of ten English peers. Similarly, ward holding and the services attached to such tenures were also abolished by the Act 20 George II, c. 50. On March 25, 1748, the King's writ was obeyed for the first time throughout the whole of Great Britain, and " the general benefits of equal law were extended to the low and the high, in the deepest recesses and obscurest corners^" " Before that was effected," wrote Pennant in 1769, "which was done by the influence of a Chancellor, whose memory Scotland gratefully adores for that service, the strong oppressed the weak, the rich the poor*." " The ward holding act and the jurisdiction act," wrote an eminent Scottish lawyer and historian of the time, " were the ideas of one, to whose plans of police and of law, Lord Bacon, had he seen them, would have given the character, which he gave of the laws of another framer of the British police [Henry VII], 'that they were deep and not vulgar, not made upon the spur of a particular ^ pp. 605 sqq. See ^o George II, c. 43, Statutes at Large, xix. 133. ^ A report having been industriously spread about that the ministry were indifferent concerning the fate of the Bill, the first reading was carried by a small majority only, in a thin house, many Scottish members and the Prince of W^ales's friends being absent. The second reading passed by 233 to 102 ; see pp. 606, 611 ; H. 15, f. 156. On May 12, Philip Yorke writes again : "The Scotch bill has given us a great deal of trouble in the Com- mittee, for besides some difference of opinion amongst the friends of the bill, the opposers wrangled out every material clause and divided the House, though with no other effect than to expose their own weakness; for the majority were always 5 to one and in several instances the minority was not above 30, and in one 6 only." (H. 15, f. 160) ; Pari, Hist. xiv. 27 sqq. Claims for compensation were made to the amount of ;{J6oo,ooo, but the "whole sum paid [was] £\(ii,a},T-'- i6j."; note in Lord II. 's hand, H. 542, f. 173. See also H. 98, tl'. 127- 205 and 218. The sums are differently given in J. Browne's Hist, of the Highlands, iii. 416 and in A. Lang's Hist, of Scotland, iv. 521. 3 pp. 613-4. * Johnson's Tour in the Highlands, Works (1825), ix. 42. ' Voyages and Travels (1809), iii. 47. 38—2 596 REFORM AND PROGRESS occasion for the present, but out of providence for the future ; to make the estate of the people still more and more happy, after the manner of the legislators in ancient and heroical times^' " These great and far-reaching reforms were accompanied with a series of further enactments for the settlement of Scotland, which have not received to the same extent the approval of historians ^ One clause of the Act 21 George II, c. 34, which became law in 1748, enforced the disarming of the Highlanders. Dr Johnson feared that the measure would enervate the people and discanted in sonorous phrases on the privation of the "generous and manly- pleasure " of bearing arms, and of the " spirit " lost, when " pride has been crushed by the heavy hand of a vindictive conqueror.... An old gentleman, delighting himself with the recollection of better days, related that 40 years ago, a chieftain walked out, attended by ten or twelve followers, with their arms rattling. That animating rabble has now ceased." But he is forced to allow the success and the salutary results of the prohibition, and to justify the government (though its enforcement was attended with some inconveniences and hardships to the loyal clans^) in suppressing this obvious cause, not only of rebellion, but of thieving, highway robbery and all kinds of disorder. It was undoubtedly a wise and necessary measure, one which has been adopted in our own time in similar circum- stances in the late war, and which appears scarcely to call for explanation or defence. By another clause of the same Act the Highland dress was forbidden, and this enactment attacking national sentiment and regulating personal habits, which have generally been considered in this country outside official interference, has been especially censured as tyrannical. Lord Glenorchy testifies to the regret with which the Highlanders gave up the kilt and to the great unpopu- larity of the " English Law," and believed more people would rebel for the sake of the kilt than for the Pretender'*. The shame and 1 Essay towards a General History of Feudal Property (1758), 246-247, by Sir John Dalrymple (1726-1810), Scottish Advocate and afterwards Baron of the Exchequer; author of the AIet)iorials of Great Britain and Ireland; see also his letter, H. loi, f. 91. This fine passage from Bacon had been already quoted in the debate in the Commons by Sir George Lyttelton, Pari. Hist. xiv. 48. H. had also at heart the project of Bacon of assimilating the laws of Scotland with those of England and the limiting of the Scottish entails. See the correspondence with Lord Kames, p. 623. 2 For a memorandum in the Chancellor's handwriting of legislation projected by him, H. 542, f. 170. 3 Works (1825), ix. 86-87, 41 ; and below, p. 605. * n. 102, f. 178; H. 103, f. 52. FURTHER LEGISLATION 597 indignation of the Scots, we are told, would not have been greater, if the whole race had been decimated \ Dr Johnson characterises it as an "ignorant wantonness of power," and discants on the hardship of having to wear a new dress, " which has always been found painful." Trousers, however, could scarcely be found painful wearing when they were put on over the shoulders, or carried over the back upon a stick, by which means the Highlanders fulfilled the requirements of the law; and after a decision of 1757 a kilt stitched up the middle was held to be lawful. The regulation was enforced with moderation. One grievance was the shortness of the time originally allowed for buying the indispensable garments, the Highlanders saying that the English would think it very unfair " to be obliged to wear nightgowns before they had worn out their coats-." The time, therefore, for the com- pulsory change of dress was extended from August i, 1747, to August I, 1748, and again to August i, 1749^. It appears to have been generally submitted to without any great agitation of mind or of body*. In 1773, at the time of Dr Johnson's visit, the law was "universally obeyed"; but the Highlanders were still unconvinced of the sin of not wearing trousers, and regarded the prohibition of the kilt as a law " made by Lord Hardwicke," pro- bably owing to his personal distaste for the dress, to be " in force only for his life^" The measure was evidently one, the benefits and hardships of which have been equally exaggerated, and like much other well-meant legislation, it did little harm or good. It was, however, by no means an act of gratuitous tyranny, as it has sometimes been represented, but was part of the Chancellor's great policy of dissolving the clan system of which the tartan was the special distinctive feature, and of assimilating the Highlands to the rest of Great Britain. Of much greater utility and more serious importance were the laws passed by the Chancellor for the bringing up of the rising generation, and for the elimination of Jacobite principles, as far as possible, from education and religion. By 21 George II, c. 34 Xll, all teachers were required to take the oath of allegiance; and a very severe Act was passed against the Scottish Episcopalian Church which, as this communion was at this time a nursery of sedition, ' J. Browne's Hist, of the Highlands, iii. 413. 2 H. 103, f. 52. ■■' W. L. Mathicscjii, .SV(7//th, i-]^-]. ...I have much pardon to ask of H.R. H. for presuming to trouble him with so long a letter, which should have gone by the last post. But it was my duty to thank him for this fresh instance of his goodness to you, and I could not help, at the same time, 1 Lord Chief Baron Idle, in a letter of April 8, 1747(11.98, f. 160), points out that the buying up of these jurisdictions at ^^loo each would amount to ;^300,ooo. CORRESPONDENCE WITH THE DUKE 609 giving him a full account of the state of the Bill about the Scotch Jurisdictions. I have endeavoured to pursue his sentiments, and should be very sorry to fail of his approbation. We have had here as scandalous a collusion in this measure as I suspect 1 see in anotJier, on your side of the water '....We long to hear good news of you, so good that you may bring it yourself with a score of postilions. My blessing always attends you, [etc.] Hardwicke. Lovat died a Papist and left a short, silly, weak paper behind him.... I have sent you the inclosed copy of the Bill, as it is in the House of Commons. It has cost me more pains than ever any Parliamentary measure did, and in truth more than was fit for my busy station. The chief alteration is in page 7. Lord CJianccllor to Duncan Forbes, Lord President of the Court of Session in Scotland. [In answer to a letter from the latter of March 5, 1747 (H. 98, f. 155), pointing out several technical defects in the Heritable Jurisdictions Scotland Bill and advising especially the retention of the barons' jurisdictions for the settling of petty offences, which was afterwards adopted in the measure.] [H. 98, f. 162.] Twickenham Park, Ap7-il 2T,rd, 1747. My Lord, I take great shame to myself and ask much pardon of your Lordship for not acknowledging the honour of your obliging and instructive letter before now. But though I have read it over often, and with great advantage, yet the multiplicity of business which oppressed me has not allowed me time to answer it till my coming to this place has afforded a little recess. I must, in the first place, beg to assure your Lordship with great truth that it gives me uncommon pain whenever I differ from you, of whose abilities I have the highest opinion, and for whose sentiments I have the utmost regard. But whenever we differ, I know we differ as friends always should do, with a real indulgence to one another and with a sincere disposition to be convinced. As your Lordship has avoided entering into the general principle ' The allusion is probaljly to the opposition and obstruction shown by the allied generals to the jilans of the Duke of Cumberland. Y. 39 6io REFORM AND PROGRESS of the resuming part of the Bill, I will not trouble you much upon it. These are my general reasons : i. That the establishing such a number of private heritable jurisdictions was a wrong model of government from the beginning. 2. That it has tended to the oppression of the Commons of Scotland. 3. That it has too much weakened the Crown and cast the dependance of the people into an improper scale, which inconvenience has been accidentally increased since the Union. 4. That this is become still more dangerous by reason of the existence of a pretending family to the Crown. As to myself, besides one private connection of my own there, the general call of the people and the part which the concurrent opinion of the Administration had thrown upon me, made it impossible for me to act otherwise than I have done. In carrying it on, I have been studying to conduct myself with that becoming respect to Scotland and the people of it in general as well as to particulars, [so] that I have given no occasion either of national or personal offence. How it may have been represented to your Lordship I know not, but I can with the strictest truth aver that, as to yourself and the Court of Session, I am not conscious of having failed in the least point. In considering their Return, I treated them as a most respectable Judicature, mentioned those amongst them, whom I had the honour to know, as persons for whom I had the highest value, proposed an agreement with them in many things and when I differed, used no expression but such as I would have used in debate to the greatest Lord in the House, from whom I had differed in opinion. Having troubled you thus far in general, both as to matter and manner, 1 come to the particulars wherein your Lordship proposed alterations. I own I thought your reasons as to the jurisdictions of the barons' courts very strong, and therefore submitted to make the alteration in the plan, which you find in the printed bill as brought into the House of Commons. As to the clauses about suspensions^ before the Circuit Courts, I was sensible of many defects in it ; and therefore proposed that extraordinary clause for supplying them by acts of Sederunt, which was praying in aid of the superior knowledge of the Court of Session. But the sum oi thirty pounds ^n^^s an error in transcribing the bill, for though it is true that sum was thought of even by several Scotch lawyers, it ought to have been left a blank. That scheme ^ I.e. Appeals. CORRESPONDENCE WITH PRESIDENT FORBES 6ii is now changed to a plainer method of appeal, which I hope will succeed better, and is not proposed to be carried further than £\2. I thought your Lordship also much in the right as to the share of the fairs, which has been usually applied for the encouragement of the Procurator Fiscal, and made an alteration to comply with that opinion. Some odd turns and appearances have shewn themselves in the progress this Bill has made hitherto, part of which I expected, though not quite so strong. I will not enlarge upon them here, but if I could have the happiness of an hour's conversation with your Lordship, some of those incidents would serve to make us laugh. Upon this subject, which has given you, as well as me, a great deal of trouble, I will add no more but to beg your Lordship will do me the justice to believe that, if I was not entirely convinced that this measure, as well as that of taking away the ward holdings, was as salutary for Scotland as for England, nay of more eminent utility to Scotland, I would by no means be for it. I never con- sidered the interests of the two nations as separate, and I think those the greatest enemies to both who do so. It has given me much concern to hear that your Lordship has been indisposed in your health, which I hope the recess of the vacation has restored; for no person in the world can more readily wish your welfare and prosperity.... From the Lord President of the Court of Session in Scotland to the Lord Chancellor [H. 98, f. 196.] Stony Hill, April ^%th, ij^-j. My Lord, This morning I had the very obliging letter which your Lordship did me the honour to write to me from Twickenham, of the 23rd, with a very needless excuse for your not having sooner answered a letter of mine of an old date ; and with a defence still more unnecessary of yourself against misrepresentations, which you suspect may have been made of your conduct, in relation to the bill now depending. With respect to the last, the just esteem I have for your Lordship is too well known to high and low in this country to permit any misrepresentations of your conduct to find their way to me; and if they did, the familiar acquaintance with which your Lordship has for many years honoured me, and the perfect know- ledge I have of your motives and manner of acting, in everything that relates to the good of the public, would secure my mind against being touched by any such false representations, should 39—2 6i2 REFORM AND PROGRESS any fool be hardy enough to fling them out. The sphere, in which my good stars have confined me to act, has been ahvays narrow, and therefore few of my Httle transactions have fallen within the public ken. But if your Lordship was as well acquainted with the principles that guide me, as I am with those that determine you, I should not, though I have the honour to have some detractors of note, fear that these misrepresentations would stick with your Lordship. On the contrary, I am satisfied that when I leave this world you would say you had lost a friend. As to the first, when recess from the business of the Court, to which I belong, gave me leisure to trouble your Lordship with a long letter about the Jurisdiction Bill, I knew I was writing to a man who had not a minute to bestow on ceremony, hardly two to bestow on the common exigencies of life. I trusted that your Lordship would, from the principle that guides you, not only take it in good part but consider it so far as it suggested anything for the public service. But I had no notion that your Lordship was to sit down to make a regular answer ; and I see with some satis- faction that some parts of the Bill, to which I had objections, are altered, though others, in respect to which my reflexions have not made such impression, are not. As to the main scope of the Bill, your Lordship knows perfectly well my sentiments. I feel your Lordship's motives and think the end desirable, nor have I ever anywhere held a different language. The only article ever I doubted of on this head was the expediency. I proposed my doubts to those concerned in taking the resolution, as my duty required ; but as they were much better judges than I am of what is, or is not, fit to be done, there I left it and have never signified a different opinion. What your Lordship suggests as matter fit to produce laughter, were it to be explained in con- versation, I guess at : and 1 must confess I have heard of some things that made me laugh in my sleeve, as the saying is in this country, and I should have been surprised at them, if anything that comes from that quarter could surprise me. As to the project, which I consider but as accessory to the main design of the Bill, of trying small civil causes at the circuits, I exposed my sentiments to your Lordship heretofore. The scheme then devised of bringing those causes to be tried in the form of suspension has been changed, but then it has most certainly been changed for the worse. Appeals at the discretion of the litigious will produce much, and what is worse, irreparable, mischief to the lower class of mankind. But I have wrote so much on this subject to our Lord Advocate, [William Grant] whose complaisance against his own opinion I blame, but who, I hope, will be so just to your Lordship and to this poor country as to impart the advices he has received, that I flatter myself this part of the Bill will be dropped in the Commons House. If that should not be the case, I look upon the thing to be of so much consequence that I can venture to conjure your Lordship by those interests that you have I DUKE OF ARGYLL ON THE BILL 613 most at heart, your own fame and the concerns of the helpless, to consider it well before it pass the House of Lords ^ If my Lord Advocate has omitted to shew your Lordship what I wrote to him, I can send you copies. The liberty I have already used is full proof that I believe you look upon me as being, what I most certainly am, your Lordship's most faithful and most obedient humble servant, DuN: Forbes. Hon. Elizabeth Yorke to Col. the Hon. Joseph Yorke ivith the army in Flanders [H. 39, f. 30.] Powis House, May ^^th, 1747. ...The House of Lords was engaged to-day in the Committee upon the Jurisdiction Bill, and I suppose a day or two more will carry it through. There was a long debate upon the committing of it last Thursday in which Papa did not speak, but left the bill to be supported by others upon his own reasons ; for by what I can hear, there was nothing new urged either for or against it, which indeed is easily credible, considering how much has been said upon the subject before. The Duke of A[rgyll] made a long speech first, and gave a dreadful representation of the Scotch constitution and the lawless condition of that country before the Union ; but in general, I hear, his speech was such in support of the bill as would have afforded great matter of objections against it, if the speakers on that side had known how to make use of it. Our friend. Lord Findlater, spoke for it and did very well; Lord Berkeley of Stratton and Lord Tweeddale spoke also on that side, which 1 mention to shew it was approved of by Lord G[ranville], though he did not think proper to speak himself. The Duke of Beaufort began the debate against it ; Lord Morton also made a long speech on that side, but concluded with saying that he hoped those Lords that should vote against the bill would not protest ; for that he knew those papers did great harm abroad, and he had seen above 30 different manifestos and declarations of the Pretender's, the greatest part of which were taken out of the protests of that House. The debate concluded with a division of 79 to 16 : 3 of the latter were Scotch, the Earls of Sutherland, Morton and Murray : the other 13 were English.... Most affectionately yours, E. Yorke. ^ See the Clause No. xxxiv. Statutes at Large, xix. 138 and below, p. 614. This great man died on December 10 of this year (see above, pt 607 «.). 6i4 REFORM AND PROGRESS Hon. Philip Yorke to Col. the Hon. Joseph Yorke [H. 15, f. 163.] May i<)th, 1747. ...The Lords had a debate on committing the Scotch bill... Ayes 79, Noes 16. The turn of the Duke of Argyll's speech was that these jurisdictions had been a security to the liberty of the people in the reign of arbitrary and violent princes, when the Scotch Privy Council acted as the instruments of their tyranny ; but since prerogative had been circumscribed at the Revolution and our liberties were under the constant inspection of the Parlia- ment, he thought it more expedient they should be abolished and justice administered by the King's Courts : that if any of the Heritable Jurisdictions deserved to be taken away, it was his own, which was the highest and an exclusive one, which had been a constant source of uneasiness to himself, lest it should be abused by his Deputes, of jealousy on the part of the Crown and of envy from his fellow subjects. His Grace was long and learned, un- methodical, but full of good matter. Lord Chesterfield spoke well, but in a graver and less florid style than when he was in opposition. Lord Morton spoke the best of the opponents, but protested against protesting which had such an effect upon his countrymen that not one of them signed the protest, which was entered by 10 English lords the day after, at which the others were so angry that they have not once attended the progress of the bill since. Lord Tweeddale, in the Committee, was for leaving out the clause which empowers the judges on the circuits to try civil cases as far as ^10 value, on appeal from the Sheriffs' Courts. It seems the Scotch lawyers are generally against this provision, as taking some of the business from Edinburgh ; but my Lord answered him very effec- tually and shewed that it would be an ease and saving of expense to the people of Scotland and no breach of the Union, which the other had suggested it would be. Lord Granville supported my Lord, and has done so very heartily through the whole bill. He knows he shall not be the worse for it at St James's. His R. H. [the Prince of Wales] has observed a neutrality and most of his servants have absented themselves whenever it came on.... Lord Chancellor to Robert Dmidas, Lord Arniston, Lord President of the Court of Session [H. 98, f. 262.] March 26, 1748. ...I am very sensible how much I grope in the dark and how much I stand in need in [? of] good instruction when I (.'') submit new regulations of this kind relating to Scotland; but it is very difficult to find persons here who will take any pains in such a work; and I have really so ardent a desire to see the Union perfected, to render the English and Scotch really one people and to extirpate EPISCOPAL ORDERS IN SCOTLAND BILL 615 the spirit of Jacobitism for the mutual good of both nations, that I hazard such attempts a little at the peril of my discretion....! heartily congratulate your Lordship on the Court of Session having finished the laborious task imposed upon them by the late Act of Parliament about the Heritable Jurisdictions. The justice which, so far as appears to me, has been done between the public and the particular persons concerned, and the ability and dispatch with which it has been carried through, do great honour to the Court and to the part your Lordship had in it.... Lord Chancellor to the Duke of Newcastle [N. 30, f. 32.] May Btk, 1748. ...Tuesday is appointed for the further consideration of the clause in the Scotch Bill about episcopal orders, which I mention'd to your Grace last Thursday night. There seems to be a great alarm in the whole Bishops' Bench. I have us'd all the reasoning and entreaties with them I can, but have not power to prevail, tho' I hope your Grace may. I had a meeting on Saturday with both the Archbishops, who for themselves are very reasonable on the subject. But to-night I received a letter from the Archbishop of Canterbury, which tells me that several of the bishops have been with him and entreated him to ask it of your Grace and me, as the common and most earnest request of the whole bench, that the clause may be dropt. This must be consider'd, for I cannot take it upon myself; and if discreet measures are not taken, mischief may be done on one side or the other. If the clause should either be left out or alter'd, and the Commons should disagree with us, that will produce conferences, and then either the Session will be prolonged, or the whole bill, which is a very useful one, be lost. Both the foundation of this, and the methods to be taken, deserve attention.... Sir Richard Wolfe to Simon Yorke Esqre of Erthig [Erthig MSS.] LiNCOLNS Inn, -irth May, 1748. ...In 1746 a Bill passed requiring that, after the first of September 1746, no letters of orders of any pastor or minister, of any episcopal meeting or congregation in Scotland, should be sufficient or be admitted to be registered, but such as have been given by some bishop of the Church of England or Ireland; and if any such other than such as before described should be registered, such registration should be deemed void ; and gave penalties 6i6 REFORM AND PROGRESS against such persons officiating and against those resorting to their meetings. The episcopal clergy in Scotland, being by bishops of the Pretender's making, the above law was intended that if any of them officiated without having pozvers from the bishops of the Churches of England or Ireland, they should be disqualified etc. But the Jacobite rogues, who had been ordained by the Pretender's dons and had registered before the ist of September 1746, continued officiating under pretence the act did not extend to any letters of orders, which had been registered before the ist of September. By this the present set of these ministers would have been preaching treason and sedition the remainder of their lives against the plain meaning of the Act ; for the Courts in Scotland had been applied to and would not stop them. Therefore there was a bill brought into, and passed by the Commons, to explain the above doubt. And the Lords were in a committee upon it upon Tuesday last, when 20 bishops were present, who all of them voted against the explanatory clause.... The reasons given were that as the episcopal clergy, before the above Act was made, had conformed to previous laws, this law would put a great hardship upon them : for that there could be no re-ordination ; and as to those who have not been ordained and should apply for letters of orders, they, according to our law, could not be ordained, unless first properly provided etc. Probably this may be good reason among ecclesiastics, but I think not so with regard to the welfare of the State. However, the bishops for once carried their point against the ministry by a majority of two, but yesterday, upon the report, the bishops lost it by a majority of four.... [On the 1st of November, 1748 [H. 98, f. 318] General Bland^ writes to relate the incident of the refusal of the Duke of Atholl's vassals to drink his health, and of their drinking that of those who had restored them to freedom, and of the failure of their prosecution by the Duke. It would be now seen all over the Highlands that the people could no longer be oppressed by their chiefs, and that their sole dependance was on the King.] As the good laws lately passed for this country was chiefly framed by my Lord Chancellor, and presuming his Lordship would be pleased to hear of any good effect resultinfj from them.... •to From the Rev. Patrick Oiining, Moderator of the General Assembly of the Church of Scotland, to the Lord Chancellor [H. 99, f. II.] Edinburgh, May i-jik, 1749. My Lord, I am appointed by the General Assembly of the Church of Scotland to return your Lordship their sincere thanks for the ^ See pp. 471 «., 622. GRATITUDE FROM SCOTLAND 617 countenance you gave to a scheme for establishing a fund for the widows and children of the ministers of this Church. We formed a rude draft ; under your eye it rose into a regular plan and by your assistance it was authorized by Act of Parliament ; and after- wards rendered as perfect by the amendments it received, as so extensive a scheme is capable of being made. The relief it will give to those, who must otherways be poor and destitute, will perpetuate the memory of your Lordship's generous goodness to this Church ; and children yet unborn will tell with pleasure that Lord Hardwicke was Chancellor of Great Britain when this act was made. The choice the General Assembly have made of me to be their Moderator is so much the more honourable, and the burthen it laid upon me is so much the less grievous, that it gives me an op- portunity of declaring the deep sense they have of your Lordship's great abilities, equity and public spirit, the effects of which are felt by those who live in the remote and barbarous parts of the Island, as well as by those who, in the Metropolis of the Kingdom, every day see with what dignity you fill your high and difficult station. I think myself happy to have this occasion of expressing the high esteem and veneration with which I am, [etc.] : Patrick Cuming, Moderator. [The Chancellor's answer, f 15.] Lord Chief Baron Idle to the Lord Chancellor [H. 99, f. 63.] Westow, March ^},rd, 1749. My Lord... I am afraid no great advantage will accrue to the public from the forfeitures ; but it is very clear to me, the laws lately made will be of infinite service in quelling that unruly spirit which has bred so much disturbance, and will fix the government on a firmer foundation than has ever yet been known or, from past essays, could be hoped for ; and I have as little doubt this safety will be owing to your great ability and honest vigilance, and will, my Lord, if posterity does justice to the cause, be kept in remembrance as a monument of your glory There is a meeting house, called by way of eminence the English Chapel... where the Church of England service is used and the King prayed for by name, I am confident much against their inclinations; for instead of being serious, when that part of the service occurs, they shut their books, laugh and ridicule those wiio are of grave and serious deportment, and I believe often get up and vary their gestures. But I trust these are few in comparison of the many well -affected. [He sends a list of the claims to the forfeited estates, in number about 1485.] 6i8 REFORM AND PROGRESS [On December 21, 1749 [H. 99, K 37, 54, 56, 63], the Chancellor received an anonymous letter relating, according to his endorse- ment : " to the insolence of the Jacobites on the Pretender's eldest son's birthday," viz. : the fixing of streamers of white ribbons in his honour to the top of the highest steeple in Edinburgh. Enquiries were made of the authorities when it was replied that, " the banner which was displayed did not discover much opulence in the persons who contrived the insult, for it was an old linen rag, tied in a very clumsy manner to a crooked stick ; it could not cost two pence and was not worth one farthing." The bellman, however, was summarily dismissed^] From the Loi'd Justice Clerk of Scotland {Charles Erskine, Lord Tijiwald) to the Lord Chancellor [H. 99, f. no.] Edinburgh, Attgust Bth, 1750. ...The law prohibiting the Highland dress has as universally been complied with as, in the beginning, could well have been hoped for : education, inveterate custom, some conveniency to such as live among the mountains from that manner of clothing themselves, actually made them averse to the alteration : however, though in remote parts where inclination and hopes of impunity concur, in this, as in other crimes, there will be offenders ; yet by holding a watchful eye over them I'm persuaded the statute may, in a very little time, have its full and desirable effect. I hear that lately, between Fort William and Fort Augustus, a small party of the troops spying one in Highland dress, gave him chase ; he took into a wood but was apprehended; but as they carried him through the woods, a mob of women and some men surprised the party and rescued the prisoner, who since that time is retaken with some of the accomplices in the rescue, is committed to jail, and orders are given for prosecuting them.... T. Blackwell of Marischal College, Aberdeen, to the Lord Chancellor [H. 99, f. 147.1 My Lord, Aberdeen, y"rt«. i^th, 1751. Amid the important cares of your exalted station nothing but the subject of this address could excuse it from presumption Of all the unhappy people engaged in the late wicked rebellion, the Lord Forbes of Pitsligo was the only man of distinguished morals in his private character, and no less distinguished by the mildness 1 For another letter from the same anonymous correspondent, "Your Lordship's great admirer," relating to the ill-distribution of the King's bounty in the Exchequer of Scot- land to the disaffected, of which a copy was sent by the Chancellor to Lord Chief Baron Idle and the latter's answer, see ff. 97, 115. f SIGNS OF THE NEW AGE 619 of his conduct in public, through the whole of that lawless period. He was the refuge and protection of the prisoners, when ill-used by the other rebels ; and while they were extorting money or rifling houses, a particular accident made me know that he was reading the Emperor Antoninus's Meditations in the original' My avowed and inviolable attachment to our matchless constitution permits me without suspicion of prejudice... to assure your Lordship that, setting aside the effects of the silly but wide-spread principles of hereditary indefeasible right,... the whole of Lord Forbes's life has been a tract of such unblemished virtue and humanity that... his pardon will reflect honour on the administration'-. [He adds other reasons, his age, the merit of his only son.] Before I conclude, let me have the honour of paying to your Lordship a small part of the homage due from every man in North-Britain, who loves the prosperity of his country and his own liberty. The breaking the hereditary jurisdictions, fixing our sheriffs and doubling our circuits of assize, has freed us from a heavy yoke, and substituted a noble and salutary administration of justice in its room. May Almighty God bless your Lordship with long life, health and prosperity to be, what you are, the ornament and blessing of the nation.... Your Lordship's most... obliged servant, T. Blackwell. Lord Chancellor to Robert Dundas, Lord President of the Court of Session [H. 99, f. 190.] WiMPOLE, Sepi. 22nd, 1751. ...I am extremely obliged to your Lordship for the account' you have been pleased to give me of what passed at the opening of the new Commission of the Peace for the County of Edinburgh, which reached me at this place two days ago. 'Tis the part of a friend to apprize one of objections made to any measure, whether well-founded or not ; because it tends to give light, either of one kind or another. I would by no means be thought responsible for the faults or mistakes that may have happened in the Scotch Commissions of the Peace. I should be sorry to be thought so for those in the English Commissions ; but in North Britain I cannot pretend to judge of the characters of persons, but am forced to see with the eyes and hear with the ears of others.. ..[It had been ^ This would appear scarcely a sufficient ground for the favour of the Government. ^ Alexander, fourth and last Lord Forbes of I'itsliyo (1668- 1762), Jacobite, had taken part in both rebellions and was attainted in 1748; after CuUoden he remained in hiding till his death. He was a man of great piety, a quietist and mystic, and published Essays Moral and Philosophical in i 734. =* H. 99, f. 188. 620 REFORM AND PROGRESS thought right to appoint some mih'tary officers on the Commissions, on account of the exceptional condition of the country. His Lordship had acted very rightly in endeavouring to dissuade the gentlemen nominated from their refusal to act.] Nobody knows better than your Lordship that it is their duty so to do, and that a particular dislike to two or three persons, who happen to be put into a Commission, consisting of great numbers, is no excuse for not executing a public trust.... Lord CJiancellor to Andrew MacdowalP, zvho had desired leave to dedicate to him the second volume of his * Institute of the Laws of Scotland in Civil Rights! [H. 99, f. 194.] . Powis House, Oct. 10, 1751. [After expressing his thanks for the honour,] I have no pre- tension to the patronage of a learned work on the law of Scotland, except my sincere zeal to support the laws and constitution of the whole United Kingdom and to see the happy Union between both the parts more firmly connected, and to countenance those who act on such principles. If you should adhere to your intention of doing me the honour you mention, I desire it may be only by way of inscription, dedications being what I never much approved The Lord Provost of Edinburgh [Drummond] to the Lord Chancellor [H. 99, f. 275.] Edinburgh, Aug. 22nd, 1752. My Lord, There has been more real good done to this part of the United Kingdom during the currency of the present Parliament, than ever has been done for it since it was a nation. The attention shown to its interests, and therein to the interests of United Britain, by the administration and by your Lordship in a very distinguished manner in the abolishing of the jurisdictions, the appointing well- qualified and well affected Sheriffs, the regulating the circuits of the Judges, and the annexation act, from the execution whereof the most valuable advantages may be hoped for, encourages every good subject to think in what manner, in his capacity and proper character, he may contribute to promote the real interests of his country. [Encloses a pamphlet of proposals^] ^ Raised to the Bench in 1755 as Lord Bankton; died 1760. - In July 1755, the Chancellor's eldest son, now Lord Royston, while on a visit to his ADVANCE IN PROSPERITY 621 Lord Chancellor to the Lord Provost of Edinbm'gh [H. 99, f. 277.] WiMPOLE, Sept. 2^h, 1752. My Lord, I am doubly obliged to your Lordship for the favour of your letter and the pamphlet which accompanied it. The proposal for improving and adorning the City of Edinburgh is certainly extremely right in general and deserves much countenance and encouragement. But what gave me far the greatest pleasure was that which has given rise to the scheme, I mean the prodigious increase of manufactures, commerce and shipping in Scotland of late years, which, as it will be the source of wealth and plenty, will, I hope, be productive of peace, loyalty and good order. When the people feel such real and solid advantages, they must at last be convinced of the utility of the Union and the happiness of living under a free, legal and gracious government of the best of Kings. It is with these views that I have taken the part which your Lordship is pleased to acknowledge so much beyond the merit of it ; and I shall think myself amply rewarded, if I can see the improvement of North Britain go on in the same, or a still greater proportion Lord President of the Court of Session (^Robert Dundas^) to the Lord Chancellor [H. 99, f. 311.] Edinburgh, yi2;rj' i\th, 1753. ...1 think it my duty to observe to your Lordship where I humbly think there are defects in the management of the King's affairs in Scotland, I mean particularly the affairs of the Revenue. If these matters be not in good hands, things cannot go well, and the event of trials in the exchequer show too much of this at present where, right or wrong, the King's lawyers are mostly cast. The reason is plain. I shall say nothing of the Advocate- : he is well employed in private business, loves his money better than public business; and he hath seldom any assistance except the two father-in-law, Lord Breadalbane, at Holyrood, was made a burgess of the City of Edinburgh "in testimony of their grateful sense of the many eminent services done to Great Britain by the Right Honourable Philip, Earl of Ilardwicke, and his Lordship's particular atten- tion to the improvement of this part of the Kingdom." (IL 3, ff. 298, 301, 303.) ^ He died August 26 of this year. ^ Robert Craigie, who succeeded the writer as Lord President. See p. 442 n. 622 REFORM AND PROGRESS Solicitors \ the one of which is now quite daised, as we express it, and the other never had any law : there is not one in the Bar who can excel him in want of knowledge of law. How they come to be employed is not fit for me to explain, because it would disoblige a great man-, if he knew it, whom it would be too insolent in me to offend : we have a Scotch proverb, some rise by the sword and others by the scabbard. [Proceeds to complain of the non- payment of a sum of i^iooo lent by him for the public service, of which, however, he has no documentary testimony.] Lord CJiancellor to General Bland^ commandmg in Scotland [H. loo, f. 63.] Powis House, Feb. ith, 1754. [Thanks him for his letter which press of business has hindered him from answering.] You do me a great deal of honour, as well as justice, in the opinion you express of my way of thinking and acting with regard to Scotland. I have proceeded, and shall continue to proceed, upon the uniform principles of extending the vigour and benefit of the laws over the whole country ; of sup- pressing all private power that tends to obstruct the due course of these laws and the proper influence of his Majesty's government; of civilizing and improving the country and making them feel the advantages of property, and upon these solid foundations to build up loyalty and good affection to the King and his family. I always looked upon the annexation bill as a measure justly calculated for these ends, and in that view promoted it to the utmost of my power [In 1754 the celebrated Henry Home, Lord Kames^ wrote to the Chancellor, sending papers on his great project of assimilating 1 Haldane and Home, Solicitors-General. 2 Duke of Argyll. ^ Humphrey Bland, see above, pp. 471 «., 616; a friend and correspondent of the Chancellor's. See his letter of November 26, 1754 on the necessity of appointing as Secretary to the Commission on the forfeited estates a person impartial and independent of all parties, and advising that he should be an Englishman; Oliver Cromwell had set a good example by sending English judges to regulate the Scotch Courts, whose decrees were never reversed at the Restoration and were still admired. It was almost hopeless to think of reforming the country through Scotchmen, the best of whom, by their con- nections, must be biassed; (H. 100, f. 210); and Robert Dundas, President of the Court of Session on the same topic (f. 206) ; of General Bland the second Lord Hardwicke writes (H. 100, f 187): "This gentleman married a smart young Scotchwoman (now living) whilst he commanded there. She was the handsomest about the legs I ever saw, and did not dislike to show them. Lady B m is the next I have seen well shaped in that article." •• Henry Home (i 696-1 782), Lord Kames, Lord of Session in Scotland, the well- known author of Elements of Criticism, Principles of Equity, and numerous legal and other works. UNIFORMITY OF LAWS 623 the laws of Scotland with those of England, to which the following is a reply.] Lord Chancellor to Henry Home, Lord Kanies [A. F. Tytler, Memoirs of Lord Karnes (1814), i. 294.] VVlMPOLE, Oct. 17, 1754. My Lord, The letter of Sept, i8th, with which you honoured me, should not have lain so long unacknowledged, if the usual resort to me at this place and at this season, had not made it unavoidable. I am extremely obliged to your Lordship for this mark of attention to me ; but more for that zeal which you express for improving and perfecting the union of the two Kingdoms, to which nothing can contribute more than an uniformity of laws. Those great men, who conceived and framed the plan of the Union, who felt quantae molis erat Britanniam co7idere genteni, wished to attain it; but found it impracticable in the outset; but I have reason to think that they never imagined near half a century would have passed, after their articles were established, without a greater advance being made towards it than has hitherto been attempted — an evil which I have often lamented, and should rejoice to see remedied, because, without it, an incorporating union must be very defective. I am glad that a person of your Lordship's abilities and acknowledged skill, not only in the laws of Scotland, but also in the history and origin of those laws, has turned his thoughts to so interesting a subject ; and from the specimen, which you have been so good as to communicate to me, conceive great hopes of the progress. Might it not be right to begin with the law relating to crimes which concern the public policy and government of the United Kingdom, without which the two parts of the island can hardly be said to be under one government } If to this were added the establishing of a coniitas j'nrisdictionum, or the giving mutual faith and credence to the judgments and decrees of the sovereign courts in each country, as res judicatae, it would be a good step ; and, as to your land-rights, I should be for beginning with abolishing the strict tailzies, at least iti futnro ; which not only differ from the genius of the English law, that abhors perpetuities, but are manifestly prejudicial to the national interest of Scotland, which is now rising in trade and will, I hope, greatly increase in it. The taking so much of the lands extra coimnercimn, is inconsistent with a commercial country. Upon the two last points I have frequently had the honour to discourse 624 REFORM AND PROGRESS with the Duke of Argyll \ and have found his Grace possessed with large and just notions upon these subjects. When I return to London I will obey your commands, by putting your papers into my son Charles's hands, who is extremely obliged and flattered by the honourable mention which your Lord- ship is pleased to make of him^.... [On October 21, 1759 [H. lOi, ff. 189, 194; Memoirs of Lord Karnes, i. 314], Lord Hardwicke writes in answer to Lord Kames's communication of his scheme for restricting entails in Scotland of August 29, expressing his approval, but at the same time declaring the impossibility at that time of himself undertaking to carry it through Parliaments] ^ Archibald, third Duke (d. 1761). The editor of Lord Kames's Lifea-dds the following extract from a letter of Lord Mansfield dated September 16, 1773, "Archibald, Duke of Argyll, Lord Hardwicke and I had a serious deliberation on the subject of Scotch entails. ...We agreed that an abolition of entails ought not to be forced upon the country, contrary to their own inclinations ; but to make the yoke gall the more, that no relief should be given by Parliament to make them easier. I insisted for an exception as to a general bill to give a power of leasing, as a matter of infinite consequence to the whole community...," i. 297;?. - "The hints conveyed in the foregoing letter," writes the editor of Lord Kames's Life, "were not thrown out in vain" and, "animated by the approbation of that great Judge, Lord Karnes [published in 1758] his Historical Law-Tracts." ^ See also chap. xxvi. H. to K. July 12, 1751 and June 30, 1759. CHAPTER XVIII THE PEACE OF AIX-LA-CHAPELLE Meanwhile, in the Netherlands, the French, owing largely to the withdrawal of the forces recalled to suppress the Rebellion in Scotland, had been uniformly successful ; and town after town, including Brussels, Antwerp and Namur, had fallen into their hands. The naval expedition, dispatched under General St Clair and the ever unfortunate Admiral Lestock, against Lorient in Brittany, effected nothing^ On September 21, 1746, Madras sur- rendered to the French, and the course of the war would have been even more disastrous, had not good fortune in other parts of the world redressed the balance. Cape Breton had been captured in June 1745. On May 3, 1747, Admiral Anson gained a great victory over the French fleet off Finisterre, capturing six ships of the line, some frigates and part of the convoy. " It is a very big event," wrote Walpole, " and by far one of the most considerable that has happened during this war. By it he has defeated two expeditions at once ; for the fleet that he has demolished was to have split, part for the recovery of Cape Breton, part for the East IndiesV The same year, on October 25, 1747, Hawke captured six French battleships in an engagement off Belleisle. A large number of prizes had also been taken and French trade had been almost annihilated. The campaign in Italy in 1746 had been entirely unfavourable to the French. Philip V, the King of Spain, having died in July 1746, the new sovereign, Ferdinand VI, withdrew his troops from Italy and sent General Wall to renew good relations with the English Court, Francis, duke of Tuscany, the husband of Maria Theresa, had been chosen emperor on the death of Charles VII; ' p. 637; J. H. Burton, Life of David Hume, i. 208 sqq. ; Gent. Ma^. xvi. 601. - Letters (1903), ii. 275 ; H. 6r, f. 25, Anson's letter to the D. of N. ; also p. 639. Y. 40 626 THE PEACE OF AIX-LA-CHAPELLE and peace had been concluded between the new Elector of Bavaria and Austria. The negotiations with Russia, and the money expended there, had at last borne fruit. A convention was concluded in 1747, by which England paid i^ 100,000 a year, and an army of 30,000 men began to march from Liibeck towards the scene of hostilities. More important than all these advantages was the alliance with the King of Prussia, to which the Chancellor attached the greatest valued This was secured by the English Ministers, in spite of the King's opposition, on August 26, 1745, by the Convention of Hanover, after Frederick's victory at Hohenfriedberg, on June 5th, over the Austrians and Saxons ; and was followed, after the capture of Dresden by Prussia, by the Peace of Dresden on December 25, between Frederick and Maria Theresa, whereby France was de- prived of much of her strength in Europe-. At home, the government had the whole nation behind them. All factious opposition was silenced for the moment and the estrangement between King and people had disappeared. " I have nothing so much at heart," the Chancellor made the King say, on dissolving the Parliament in June 1747, "as the preservation of the civil and religious rights of my people and the maintenance of the true greatness and prosperity of this nation. From these principles I will never deviate, and in these principles every true Briton will concur. Let this appear by your conduct in the present con- juncture, and let no false arts or misrepresentations take place to interrupt or weaken that confidence and harmony between me and my people V The new elections returned a large majority for the government, and the Parliament responded zealously to this appeal and voted large sums for the war. The Duke of Cumberland who, accompanied by Col. Joseph Yorke, had returned to Flanders early in December 1746, was now supported more actively by the Dutch, who, on the invasion of their territory by the French with 20,000 men, proclaimed Prince William of Orange-Nassau, the King's son-in-law, Stadtholder, with all the official and military powers of King William III ; and under- took to provide, with England, 40,000 men and to pay two-thirds of their cost^ The allied army accordingly, with the Dutch, British, Hanoverian 1 pp. 650, 653, 659. 2 pp. 634 sqq. ; H. 3, f. 78 and H. 60, ff. 181-195 and 11. 48, f. 325. '^ Pari. Hist. xiv. 65. See vol. ii. 79. •* pp. 639 sqq. NEGOTIA TIONS 627 and Austrian contingents, amounted to at least 112,000 men. But the hopeful prospect, which at last rewarded the courageous and indefatigable efforts of the British ministers, was almost imme- diately overclouded by the renewal of the jealousies and quarrels between the generals, Count Batthyani, Prince Waldeck, the Prince of Orange and the Duke of Cumberland, which doomed once more the whole army to inaction. The allies failed to bring up their quotas and the Austrians, in particular, spent the British subsidies on their campaign in Italy. Disaster, inevitable in such circum- stances, was not long in coming. After various futile movements, the allied army was defeated at Lauffeld on •' ""^ ^^ , 1747, in con- sequence chiefly of the inaction of the Dutch and Austrians^ The loss of 6000 in casualties and 2000 in prisoners, which included Sir John Ligonier, whom the army could ill spare, was nearly equalled, however, by the enemy ; but this disaster was followed on September 3, 1747, by the surprise and capture of Bergen-op-Zoom, a fortress of immense strength, the masterpiece of Cohorn, together with its garrison of io,ooo men, which left Holland completely at the mercy of the French-^. To add to these crushing calamities, an Indian expedition against Pondicherry, under Admiral Boscawen, failed completely, with the loss of over a thousand lives. It was in these circumstances that both France and England began to negotiate seriously for a peace, a task which dissensions in the cabinet rendered all the more difficult to the English ministers. Certain proposals in 1746, emanating from the French minister D'Argenson, which included the neutrality of the Netherlands, the retention by France of Dunkirk in its actual state of fortification, the appropriation of Tuscany for Don Philip, and the exclusion of Austria from the preliminary negotiations were supported by Henry Pelham, who " had never any opinion of the success of the war," writes the second Lord Hardwicke, "and was always preaching up peace^" and by Lord Chesterfield and Lord Harrington, but had been strongly opposed by the Duke of Newcastle and the Chancellor, on the ground that a neutrality of the Netherlands would separate Austria from the maritime powers and would strengthen France on that side, where she was most exposed to attack. They objected also to the fortifications at Dunkirk, to the satisfaction of Don Philip's claims by confiscating the domain of the Emperor and to ' pp. 640s'• 41 2 644 THE PEACE OF AIX-LA-CHAPELLE We crost last night and this morning the Meuse, and are en- camped between Heer and Bergh ; and I really think may soon look the enemy in the face again anywhere. We have taken some 6 or 700 prisoners, which is more than they have of ours; above 50 officers, amongst which is a brigadier, 5 or 6 standards and some colours. When I write next particulars may be made clearer^ I am very sorry we have no better account to send you, but our men know they have done their duty so well that they are not at all disheartened by it; therefore keep up your spirits and I hope we shall make up this yet. I beg pardon for the many faults in this long letter, but I have been five days without pulling off my clothes, and four nights out on horseback, so inaccuracies may be pardoned. My humble duty,... Joseph Yorke. Col. the Hon. Joseph Yorke to the Lord CJiancellor Tune i^th [H. 6, f. 283.] Camp of Heer, Thursday, • ' ^ , 1747. My Lord, ...When I wrote on the 3rd, I did not care to enlarge upon particulars, because I took it for granted your Lordship might be obliged to shew the letter [to the King] as on former occasions ; and besides that, H.R.H. made me shew him the former part of it, before I sent it away. The great fatigue I had undergone, and the hurry the Duke was in to send his letters away, added likewise to the impossibility of enlarging on the subject. The great misfortune of an allied army is so evident, that it needs no expatiating upon ; the different views of the generals of different nations, the over great caution of weakening the corps that more particularly belongs to them, and the absurdity of people, who at the right of an army {i.e. the Austrians] will pretend to judge better of the necessities of the left [British, Hanoverians, Hessians] than those on the spot, render the operations of such an army in a day of action very confused and unsatisfactory. As I had the honour to be sent 3 or 4 times to the Marshal during the action of Val on the 2nd, I was able, as far as my judgment would carry me, to discern how easy it would have been to have remedied the confusion in the beginning ; but some generals, who accompanied the Marshal, prevented him from doing what he seemed really to be inclined to. H.R.H. (whose genius for the profession and whose 1 The losses, about 8000 or 9000 appear to have been about equal, but the P"rench made 2000 prisoners. Coxe's Pelham, i. 360; F. H. Skrine's Fontettoy, 330; in J. W. Fortescue's Hist, of the British Army, ii. 162, the loss of the allies is given as about 6000 and the French "infinitely greater," and the engagement is not regarded as a defeat. COLONEL YORKES CRITICISMS 645 uncommon presence of mind in the midst of danf^ers shew them- selves more and more every day) repeated his desire several times to the Marshal that he would take care to support him effectually on the left, tho' he should countermarch his whole second line of infantr)^ towards the centre for that purpose. This desire was not complied with, tho' I was told twice that it should be, if possible. The possibility I was then as clear in as I am at this minute ; and it was evident, from the very first instant of our forming, that the centre was the weak part of our position, as well from the nature of the ground as (I am shocked to say it) from the badness of the troops [Dutch] that composed it. Since that was the case, and that such a stripling in the profes- sion was able to perceive it, it was certainly a madness to strengthen the right wing so much, where the attack was impracticable, even with the troops from the left, whilst you exposed your army to be cut in two by the weakness of your centre. I can assure your Lordship, upon the word of a man of truth, that the instant that the centre gave way without the least reason, the victory was as certainly ours as the reverse is now. The troops which composed the left, except the Hessians, behaved with a spirit worthy of the Prince that led 'em ; the behaviour at Fontenoy was nothing to the present instance ; and tho' I am sensible that a check like the present, at a juncture as critical as this, must be attended with several bad consequences, yet I can't help looking forward with a flattering prospect of what we may expect hereafter from such troops. Our loss is not 2,000 killed, tho' many must die of their wounds. The chief of our loss is in the field officers that commanded the battalions, who fall a sacrifice to the cowardice of those who should have saved 'em. Nothing could be more un- expected than the break of the centre ; if I had known no better, I should have sworn it was treachery, so little occasion could I see for giving way. I was then passing in the rear of the Dutch to the Marshal, when Slippenbach's dragoons broke upon me, and carried me with 'em in the torrent several hundred yards, before I could disentangle myself to continue on my way. I owed my escape then to the nimbleness of my horse, as I did in coming back to his coolness, when surrounded by the hussars of the enemy. I praise the Almighty for H.R.H.'s escape and my own, and don't doubt but some favourable opportunity will offer to recover what we have lost. The enemy has often sung Te Deum for success with five times our disadvantage. Their loss at present is immense. I don't speak from hearsay, but from what my own eyes have seen. They them selves compute their wounded at 6,000 men ; we may easily then guess what their killed must be ; it is certain they have lost four lieutenant generals, but we can't yet fish out their names. We have been busied, since we came here, in taking care of our wounded, and refitting what we lost in tent poles and necessaries, which the men arc obliged to throw away on such occasions. We 646 THE PEACE OF AIX-LA-CHAPELLE shall make a motion to-morrow or next day towards Viset, I believe. The enemy seems something surprised at our keeping firm after our retreat, and they have not ventured to make any motion of conse- quence since. It is now talked as if Mons. de Lowendahl was to move towards Holland, but it is not certain. I can't say enough of our heroic chief, who chooses rather to bury in oblivion the faults of past hours in hopes they may be retrieved, his judgment shewing him that jealousies kept up only help the enemy and hurt yourselves. The two points that I foresee will be disputed with us are the security of Luxembourg or the frontier of Holland, You will settle that I hope from above ; for in an allied army, for ought I see, we may wrangle it for ever.... Your most obliged,... Joseph Yorke. My humblest duty to Mama, whose fears on this occasion, I know how to pity. I beg she may rest assured that I tell the naked truth when I say that, in general, we are not much the worse for this, tho' particulars are terrible losers. Col. the Hon. Joseph Yorke to Col. John Barringto7t [Hist. MSS Comnt., Mrs Frankland-Russell-Astley, 371.] „ -, Tune ■xoih Camp of Richelt, - ^^ , — r, 1747. July iitk '^' [After relating the fate and fortune of their mutual friends in the battle.] The French success has cost 'em dear ; Sir John Ligonier, who came back yesterday, says Marshal Saxe owned to him eight thousand infantry, one thousand horse and one thousand officers, and they have certainly lost many more ; they are not at all uppish with their success, nor can I say it has at all dispirited us. The Austrians are horridly vexed to have been out of the two last actions, and I am convinced would be glad of their turns. For our other friends, entfe nous, I wish 'em out of the line ; for the whole miscarriage was owing to their having the centre His Royal Highness did wonders ; I believe, in my conscience, the strength of his own arm saved him from being a prisoner. He was in the middle of a French squadron, and one of the troopers going to lay hold of him, he gave him su'ch a cut with his sword, that if he did not cut his arm off, 'twill not be of much use to him the rest of his life. His family and servants ran to his succour, and brought him off with no other loss than four of his own hussars being wounded. Marshal Saxe was as near being taken by the Scotch Greys ; as he says, one of them had his pat upon his shoulder, and he was forced to run for it.... Believe me, we are as fit, without gasconading, to fight the enemy tomorrow, and the men as willing, as before the action, and I daresay 'twill hardly be long before we try again.... THE ENEMY'S HEAVY LOSSES 647 Hon. Elizabeth Yorke to Col. the Hon. J. Yorke [H. 39, f. 41.] Powis House, /mw^ 30M, 1747. [After congratulations on his safety :] Your account of the battle... is certainly by much the clearest and best account that has been sent, and as such you will easily imagine it has been shewn to one, who would have been glad to have seen every letter that came by the express^ The King, for you see I mean him, was pleased with yours beyond expression. He thanked papa aloud at the Levee for having sent it to him, and joined us in wondering how it could be possible for you to write such a detailed and exact description just after, or rather in the midst of, such a fatigue of body and hurry of spirits ; and in going round the Drawing-room he quoted you to everybody, " Col: Yorke says so or so," etc:, and Princess Amalie told papa, " I am glad Jo supped with my brother, however^" I think people here are in general not vastly alarmed at this event.... Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 286.] Powis House, /««« 30M, 1747. Dear Joe, I cannot begin my letter without first returning my thanks to God, and congratulating you upon the safety and preser- vation of the Duke and yourself In my whole life I never felt so much anxiety as I did on Saturday during all the forenoon. Letters came in the night between Friday and Saturday from General Huske and Commodore Mitchel, of which I was informed in the morning ; and those brought so general, uncertain an account of a defeat and the retreat of our left wing, without anything being said of the right, as left us under the utmost doubtfulness and alarming apprehensions.... After His R. H.'s messenger arrived, your letter came to my hands about four o'clock, and with it another of the 29th N.S. for your brother. This relieved us as to the personal part of our anxiety, and as to the public alleviated our concern. I own I feel for His R. H. more than I can express, who, so deserving of better fortune, after all his immense labours and imminent dangers, has at last met with this disappointment. I am much obliged to you for your letter, which contains the most detailed, and by far the best and clearest account, that has yet come. ' It was afterwards printed (f. 43). "^ I.e. not with the " French King," as Sir John Ligonier. See above, p. 643. 648 THE PEACE OF AIX-LA-CHAPELLE ...The King was taken too with the spirit with which it was writ, and the principle of Ne cede mails sed contra aiidentlor Ito pleased him. ...The King and everybody seem satisfied that the Duke could not, consistently with the services in view and any military rules, avoid fighting ; and the misfortune appears to me to be owing to the IdcJiete of the Dutch troops, and the Austrians not coming to your assistance. The latter of these incidents wants to be cleared up. The present appearance has a bad effect here. People are apt to combine it with what happened last year at Rokow^ (as I think 'tis called), and are difficult to believe that the same thing should, by mere accident, happen twice consecutively. Some people are also at a loss to account how the army came to cross the Meuse, and not take some post near Maestricht on the Brabant side, and they are apprehensive that the French may get the command of the Meuse and stop your provisions. I wish you would explain these things in your next, that one may know what to answer to gain-say ers.... I am glad you had the good fortune to sup with H.R. H. and not with Marshal Saxe and Sir John, for which reason Grey is become a greater favourite than everl Let me know the particulars of any other incidents that happened to yourself... Hardwicke. I slip in this feullle volajite, to desire that in your next you would send me an answer to the two following questions : (i) By what accident, or means, it happened that Marshal Saxe got possession of the principal hill near Herderen, when it seems as if all our horse was up time enough to have gained that height .'' (2) What was the distance between the right and left wing, and how it happened that the Austrians were in such a position that (as Sir Everard Fawkener says in his letter) they could 7ielther be attacked nor make a diversion ? [On July 6th/ 1 7th (H. 6, f. 294) Col. Yorke replies to his father's queries in detail. To the first he answers :] The prudence of falling on the enemy, or risking an action before the infantry came ^ Battle of Roucoux, iii which the allies were defeated and the 50,000 Austrians remained inactive. October 11, 1746. ^ His horse, who also carried him at Fontenoy and who fully deserves a footnote in these annals. Writing on October 6, 1760, Col. Yorke thanks his father for the care he has taken of his "old servant Grey," who has now been laid to rest in Wimpole Park. (H. 10, f. 1 1 5-) THE CHANCELLOR'S LNQULRIES 649 up, seemed the point in dispute. If I was to give my own opinion, I should say that nothing seemed to me more easy ; and it was the greatest surprise to me to find the resolution, which H.R.H. had taken before the Marshal or Prince Waldeck came near him, to occupy that village, countermanded, and the infantry of the corps de reserve, which I was sent to conduct there, stopt short at Klein Spawe. [He concludes that the Duke was overborne by the other generals, and is convinced that it would have raised the spirits of the army, and that the change of plan had much influence on the result of the battle.] I have been told, (indeed it was said then) that Prince Waldeck was against it, and absolutely refused to come into it, which, since he did not propose it himself, is not to be wondered at ; for he may justly have applied to him what Shakespeare says of Cicero in Julius Caesar, " that he will never follow anything which other men contrive" ; nor has he, ever since the campaign begun, behaved like an honest man of sense, or one that was desirous to promote a harmony and good understanding. I don't say this from suspicion only, but from what I know. [With regard to the second question, he is clearly of opinion that the Austrians should have sent reinforcements to the left, when it was attacked.] The strong position of the right was certainly an advantage, if the proper use had been made of it by strengthening the left ; but otherwise was a terrible disadvantage, as it tempted 'em not to advance for fear of giving it up. The Marshal, whom I saw three times that day, when sent to him by the Duke, told me the second time, that the enemy had such a superiority of ground in his front, if he quitted his position, that he did not think it advisable. [Five of his generals had reconnoitred the ground and said the same.] All these reasons against their advancing were so many strong ones for their vigorously supporting the left who could, and did, advance, and on whose success depended the whole fate of the day.... I can't finish without mentioning one particular... which is, that from the time H.R.H. left the Grande Commanderie on Sir John Ligonier's message, till we all arrived at Maastricht, he never saw the Marshal ; and tho' they all allow the right could not be attacked nor advance far, tho' the action was so warm on the left so many hours, and H.R.H. exposed all that time, yet he never came near him, but remained with a great deal of composure at the head of the right wing the whole time. This must strike everybody that knows it.... He would certainly by it have been a better judge of our situation, then he could by a distant view, or the reports of aides decamp. I thought I could perceive H.R.H. excessively hurt at it when first they met afterwards when, on mentioning our situation, his eyes swelled with tears, but he has never let fall the least word about it amongst his family ^... Grey thinks him.self highly honoured by the notice taken of him, and promises to do his best hereafter. ^ The Duke was careful not to pass censure on the conduct of the Austrians in order no doubt to avoid further quarrels and jealousies, and still worse calamities. Col. Vorke 650 THE PEACE OF AIX-LA-CHAPELLE Lord Chancellor to the Hon. Philip Yorke [H. 3, f. 126.] Powis House, August 6th, 1747. ...I return you the enclosed political performance of our friend [Horace Walpole the elder]^ which I have read over more than once. I agree in several of his notions, but as to his favourite prescription to effect the cure, I can only wish it were possible to be administered 2. Nobody can be more sensible that the defection of the House of Brandenburg, under this degenerate branch of it, has been one of the chief causes of the bad situation of the common cause of Europe, nor be more convinced that, if he would now enter and take a vigorous, honourable and steady part, the whole might be retrieved. But how to bring that about is the question, and there are so many difficulties in it as reduce it almost to an impossi- bility. The whole is far from being owing to the cause, which Horace suspects^ Though there is something in that, yet it was got the better of in the Convention of Hanover and the Treaty of Dresden. But the King of Prussia's rooted animosity to the House of Austria, his incurable jealousy and dread of their vengeance, which he knows he has deserved, and his abandoned perfidy and falseness, are not to be got the better of. Besides, it is certain that he is at this instant, stirring up all the mischief he can possibly foment in the north, at the same time that he wants to be a mediator of a general peace. And who can trust such a mediator } As to your question, whether you may give our friend a hint of what is going on*, I think you may, in a proper, guarded manner, and that the ministry are in a way of thinking to improve all opportunities of that kind. As to Horace's jealousy, that people are afraid to speak on the topic which he had said in his official account, drawn up by the Duke's order, regarding their inactivity: "The right wing could not, however, advance as fast as the left, because... they would have exposed their flank... however, they kept moving on and prevented the enemy from detaching more troops from their left to their right." (H. 83, f. 163.) But he adds here (H. 6, f. 295), "As to the diversion they were able to make, I am not so clear (tho' the Duke was pleased to compliment my invention when he read that part of my relation, which accounts for their not doing more).'" ^ See p. 162 71. and vol. ii. 29. ^ An alliance with Frederick of Prussia was a favourite project with the elder Horace Walpole (Coxe's Lord Walpole, ii. 180 sqq. and 214 and 248), who valued himself greatly on his political sagacity (which indeed was considerable), and who wrote long letters of advice to the King, the D. of Cumberland, and the D. of Newcastle. * The King's jealousy of Prussia. * Regarding the negotiations with France. THE KING OF PRUSSIA 651 is so fond of, he cannot seriously think that those, who ventured so boldly to push the Convention of Hanover (which was made with the King of Prussia in 1745), would decline this measure, if they could see any practicability in it or have any dependence upon it, even though that, which he supposes to be the only difficulty, were out of the case^... Lord Chancellor to Col. the Hon. Joseph Yorke [H. 6, f. 314.] Powis House, August 21st, 1747. Dear Joe, ...We bless God for preserving you from the dangers which must necessarily attend everybody in a situation such as a town so besieged..,. I look upon it as an instance of the Duke's regard that he sent my Lord Chesterfield a copy of your letter to him from Bergen-op- Zoom to be laid before the King, with which His Majesty was so good as to express himself highly pleased ; and said it was the only sensible detailed account which, till that time, he had seen of the state of the siege and defence^ All his servants were of the same opinion.... We are most sincerely for peace, if it can be attained on reasonable terms ; but if not, for vigorous preparations. Thanks be to God, His Majesty has an excellent Parliament chosen, which may now continue for seven years ; and they will support him to the utmost, either for peace or war, as the reason and necessities of state may require. But in order to do that, it must be seen to con- viction that everything proper and practical has been done towards a peaces... For myself, I finished my Chancery business last Saturday, and have been kept here till this late day in the vacation by occupa- tions of various kinds. Everything is fixed for so much of the family, as remains here, to set out for Wimpole to-morrow morning, where ^ H. Walpole ascribed all the misfortunes of the war to the interested acquiescence of the ministers in the King's Hanoverian partialities with which, as we have seen, they could not be justly charged. ^ Col. Yorke had been sent by the D. of Cumberland to Bergen-op-Zoom to report on the state of the siege, and to the Prince of Orange at the Hague. For his accounts see H. I, f. 10, H. 6, ff. 298, 306, H. 83, ff. 179-197 and further, for accounts of military movements, H. 6, flf. 310 sqq. ^ On .September 23, 1 747, the Chancellor, in answer to the D. of N., sends a long paper on a scheme for peace, which had been drawn by Lord Chesterfield. N. 28, f. 100; H. 61, f. 121. See also N. 27, ff. 233-7, ^^^ H. 61, f. 32-6, and Coxe's Pelhatn, i. 367. 652 THE PEACE OF AIX-LA-CHAPELLE we shall lament the want of your company, which nothing can make any amends for but the hearing often of your health.... Your most affectionate, Hardwicke. [On September ii, 1747, N.S. [H. 6, f. 318] Col. Yorke forwarded to his Father a long letter furnishing explanations of the various military movements, to which the King, after reading it, appended the following note [f. 326] on returning it to the Chancellor.] I thank you, my Lord, for the communication of this letter, which I have read with a great deal of satisfaction. G. R. [After replying on September 6, 1747 (N. 28, f. 32), to the Duke of Newcastle on various details in the negotiations for peace, the Chancellor concludes:] What you say' of your brother rejoices me beyond expression. The inquietudes tliere have been my greatest grief and vexation. Cultivate and cherish these good motions ; and, as I am sure everything is right and sound between you at bottom, all disagreeable appearances will vanish, prodigiously to the satis- faction of your friends, to the solid benefit of the public, and without all doubt, vastly to your own ease. What your Grace relates of the Closet is another subject of great joy to me.... One word more and I have done. Don't send for me this week if you can possibly avoid it^... H.R.H. The Prhicess of Orange to the Lord Chancellor 1th [H. I, f. 22.] From the House in the Wood, November *-—- [1747]. The sincere share, that I know my good Lord Chancellor takes in what regards us, makes me profit of your son's return to England to send you word myself of the happy turn things have taken for us here, the States of Holland having unanimously agreed to make the dignity of Stadtholder hereditary in the Prince's family, and even in some degree to the females, and by having taken such a resolution shewn the trust and confidence they have in their present governor. God grant that this establishment may ever be a happiness to this country, and ever unite more and more the Protestant interest and the power of the Maritime Powers. I shall ' f. 26. ^ He is obliged, howevei:, to return to town (f. 41). MISSION TO BERLIN 653 always think myself happy, if I may contribute to these ends, and deserve by those means your esteem, which I set a great value upon, being always with great sincerity your hearty friend. The Prince sends you a great many compliments. Anne. I had almost forgot to thank you for the Trials^ you was so good to send me, and have read them with great pleasure. Lord Chancellor to the Dicke of Newcastle [N, 28, f. 615.] Twickenham Park, December 2gth, 1747. 9 i)t the morning, ...Is it not... absolutely necessary to hasten the sending of your minister to Berlin immediately, and that the States General should send one at the same time ; that they should jointly be instructed to tranquillise the King of Prussia on the subject of Silesia, to eradicate his jealousies that the Empress will be permitted, or encourag'd, to take it from him as soon as her peace is made ; and to give him all the guarantees he can desire, from both the maritime powers, that she shall not be permitted to do so ; which is the more necessary, because Holland has hitherto declin'd coming into any guaranty at all. If anything further can be done, your Grace will be able to suggest it better than anybody. But however disagree- able this may be, yet if there is a power which, as things are now constituted, holds the balance of Europe in its hand, and can turn it on which side it pleases, which is certainly the case of Prussia at present, very disagreeable things must be submitted to for a season in order to overcome that difficulty^ The next thing to be done is seriously to set about fixing your plan of peace, and adjusting such terms as you will really and finally accept in the present circumstances, about which I have already given your Grace a great deal of trouble, but which every incident of this nature makes the more necessary and pressing.... Hardwicke. ' Of the Jacobite Peers. '•* Alarmed by the approach of the Russian troops, Frederick made immediate prepara- tions for resuming hostilities in case of attack by Austria. The Chancellor's advice was now taken, Frederick reassured and all ill-effects prevented. Cnxe's Pclham, i. 377. 654 THE PEACE OF AIX-LA-CHAPELLE Col. the Hon. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 203.] Hague, March x'ith 1748. I won't tell you all I know, because it will only give you the vapours when you can't remedy it, and it may not be so decent for me to enter into particulars with you at this distance. All I have to add is, that I wish from the bottom of my soul H.R.H. had never undertaken the command this year, which seems big with the fall of the alliance, unless the hand of God interposes in our favour at Aix la Chapelle^. Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 337-] Camp of Hellenrouck, near Roermonde, April iitk, 1748. N.S. ...H.R.H. is greatly to be pitied, who has the misfortune to head so unconnected an alliance, which thwarts every measure he has proposed, and has thrown him at the head of so inferior an army, to be spectator of the loss of the most important fortress [Maestricht] that remains to us in the Low Countries. Great is the load he has to bear, and stout as he is, it has greatly depressed him ; for I attribute that terrible illness, which had like to have deprived us of his inestimable life, in a great degree to the ruinous situation that he found affairs in, without any human probability of their being likely to mend. Thank God, he is much better, and notwith- standing the fatigue he has undergone before he was perfectly recovered, I think he gets strength daily. He will do all he can ; but when that is done, a great deal more will be wanted before we can hold our heads above water again.... Col. the Hon. Joseph Yorke to the Hon. Philip Yorke [H. 15, f. 210.] Camp of Nestelrov, May -~-y, 1748 ...I have often speculated upon the reasons that induced the Court of France to come in so readily, as she has done, to measures of peace, and upon terms, (considering the situation she was in, of extending her conquests still further before we could effectually have withstood her), very advantageous for the whole alliance ; and I am firmly persuaded that faction has had a very considerable share in this peace'-. ^ For his account of the military situation and particularly the conduct of the Dutch, see H. 6, ff. 331 sqq. - All the influence of Madame de Pompadour, the French King's mistress, and of a crowd of courtiers, was now exercised in favour of peace and against Marshal Saxe and the war party; and though France was completely victorious in the Netherlands, she was so nowhere else. DUKE OF NEWCASTLE AT HANOVER 655 Horace Walpole {the elder) to the Hon. diaries Yorke [H. 285, f. 94.] Cockpit, May i^tk, 1748. [After congratulations on the prospects of peace] I would flatter myself with the nation being long happy under the present ministry; but as that depends upon an union among themselves, I think it very doubtful, unless the great man, your Father, will exert his credit and influence to preserve harmony between those, who by the ties of blood and interest naturally ought to be inseparable in their thoughts and actions relating to the public*.... Ditke of Newcastle to the Lord Chancellor [H. 61, f. 165; N. 30, f. 118.] Newcastle House, May idth, 1748. My Dear Lord, As I am persuaded your Lordship knows the great dependance I have upon your friendship and advice, so you must be sensible, I could never stand more in need of it than I shall during my stay abroad, when I shall have little more than my own opinion to direct me. In order, however, to be as well apprised as possible of your Lordship's general opinion upon the present state of our affairs, I should be infinitely obliged to you, if from your friendship and partiality to me, you would during your retirement next week in the country, put down in writing some few heads of what you may think I should chiefly have in view; first in my conferences with the Prince of Orange and the ministers at the Hague; secondly, in my interview with the Duke at the army; and thirdly, on my arrival at Hanover, and during my stay there.... I am always with the truest gratitude and affection,... HoLLES Newcastle. [The Chancellor answers on the 2nd June (N. 30, f 144); he will be in town on Monday evening and then will be at his Grace's service. He wishes him farewell on June 8 (f 180). On June 24 (H. 61, f 169) the Chancellor sends a long letter dealing with details of the projected treaty and again on July 8 (H. 61, f 191).] Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 345.] Camp of Nestleroy, /mw« ^, 1748. ...The King saw the Prince of Orange at Utrecht, and talk'd with him between twenty minutes and half an hour, and I am told * The weight of our family at this time, both in Church and State, was very consider- able. Nimium vobis Yorkina propago Visa potens, Superi etc. : II. [Cf. Virgil, Aeneid, vi. 870.] 656 THE PEACE OF AIX-LA-CHAPELLE was very civil, tho' I much suspect, from the hints of some Dutch I have seen since, whether the latter was over well pleased. I don't so much wonder at that, because the Prince loves beaticoicp de verbiage ; and if he has any appearance of sense, 'tis in discourse, which makes him the more desirous of long conferences; and I imagine he would have been glad to have enter'd into a detail of vindicating his own measures. His Majesty certainly chose to avoid that, and was certainly in the right ; for I should not have been astonished if he had lost his temper in such a conversation^ The Prince of Hesse^ was in the room all the while but stood at a great distance, and the King hardly took any notice of him ; that don't much signify. The Princess Royal waited at Maeslandsluys for the King's coming, but he just embraced her and went on. I don't find that he stopped three minutes with her, which she is as likely to remember as any one of her sex. This short interview past in the middle of a great mob, for which that place is as famous as for its loyalty.... Joseph Yorke. I ought to make excuses for the hurry this letter is wrote in, but my hands can witness I have wrote from 6 this morning, and it is now drawing near 7 at night, so that my nerves tremble with so continued a labour. [Colonel Yorke was now fixed upon by the King to be sent to Paris as British envoy on the conclusion of the Peace. In a long letter of July 5 he had debated the matter and asked for his father's advice and support (H. 6, f. 351 ; H. 61, f 179).] Col. the Hon. Joseph Yorke to the Lord Chancellor [H. 6, f. 355.] Eyndhoven, /(ench foreign office, sent on September 5 to hasten the negotiations. 68o THE PEACE OF AIX-LA-CHAPELLE (tho' I have been in the office above four and twenty years) has never till now, been allowed to be myself; and I see how near I have been, with the best intentions in the world, to have the public disapprobation and censure of my friends for what I was doing. I do not talk of quitting, and have no thoughts of it. But I beg your Lordship and my brother to consider, that it is impos- sible for me to expose myself, as I have done this summer, if the volatile opinions and unjustifiable conduct of every young minister that is sent to a foreign court, shall be adopted and supported by my brethren in the administration. If I am to continue, nobody shall be employ'd in a foreign court, in my department, who shall think himself, (or at least that shall declare to me and to the world that he is) wiser than I am. In England you think every- thing carpet-ground here ; but I can assure you, you are greatly mistaken. Uneasy hours and uneasy days I have had. But, my Lord, I have comforted myself with not having taken one step but according to my conscience ; and I think every one has, more or less, had its desired effect.... However they have gone to my heart, I have shown none of your Lordship's or my brother's letters, upon these subjects, to the King; tho' I have not concealed from His Majesty that I had the mortification not to be approved by my friends at home, and I did once say it was a very unhappy situation to be disapproved at home and disobeyed abroad. As I have the greatest regard and affection for my brother and you, I should not deal fairly by you, if I did not tell you my thoughts. I am most extremely hurt. I think I am unkindly used. It may be a paradox, but I hope I am unkindly used. For, if I am not, I deceive myself with too good an opinion of myself, and of the success of the measures that I have pursued this summer. ...I hope you will not take this letter amiss. I have now discharged myself, and you shall hear no more, in writing at least, of this summer's expedition.... [He writes on the same day [f 70] to Henry Pelham in the same sense and mentioning] this late mortification to add to the continual ones I receive from England [that the King's manner has changed to an exceedingly unfavourable and unfriendly one.] Duke of Newcastle to the Lord Chancellor i6tk [N. 32, f. 128; H. 62, f. 33.] Hanover, Oct. — ^ , 1748. My Dear Lord, ...I am sorry to find you all think as you do in England upon the measure and author of it. Abroad they think otherwise of both, of which I shall bring you strong testimonials.,.. This, I beg, my friends would be assured of; that if they continue to disapprove my past conduct, and I find (as I conclude, I shall) II THE QUESTION OF HOSTAGES 68 1 that the enemy whisper it about, no considerations on earth shall hinder me from bringing this matter into Parliament, I am very indifferent about my ministerial situation, but I will not pass at home for a fool or a knave, when I know I am not, or at least can prove I am not in this point of dispute..,.! conclude you will be angr}' with me ; I can't help it. I am horribly hurt ; every messenger, that comes from England, adds to it, I have done in three months what Lord Townshend and Lord Harrington could not do in three years ; and yet I am not thank'd for it, nor acknowledged to have done it. It may be vanity, but vain I am..,, You shall always find me your affectionate and sincere friend, tho' at present your angry humble Servant, HoLLES Newcastle, H.RH. the Diike of Cumberland to the Lord Chancellor [H, r, f, 14.] Headquarters of Eyndhoven, Od. — 7, 1748. My Lord Chancellor, I thought it was proper, and hope it will be at the same time agreeable to you, to send you the enclosed extract of a letter Lord Sandwich wrote to the Duke of Newcastle, on Sunday last, when he was at this place in his way to the Hague, as it relates to the most material objection yet started to the Definitive Treaty, and presses his former proposal for remedying any difficulty that might arise to the propriety of putting the Great Seal to it, 1 have, from the beginning, been extremely against consenting to send any hostages to France, though I can't say I was so far master of the subject as to be able to judge of the legality of it ; since I have heard of your objecting to it, I own I have been uneasy; and wish with all my heart some method may be thought of to avoid the ratification of that article. My own private thoughts suggest to me no reason at present for not coming in to Lord Sandwich's proposition. Let the manner of ratifying the treaty be as it will, we are all agreed that two peers must be sent, and I am far from thinking they should be insignificant people ; nay, I think I can see many material objections to their being both Scotchmen. Men of business, to be sure, are not wanted, but men of some credit and fashion in the world are absolutely necessary, not only to do honour and by that means service to the nation, but to give the French a good notion of our determination to fulfil religiously the engagement we have contracted. Give me leave, my Lord, to recommend this to your consideration, and if they are to be found, let them be such as we need not be ashamed of. You see the French ministers lay a very great stress upon this point ; and since we are to comply with it, let us do it handsomely. In a letter I received some days ago from the Duke of Newcastle, 682 THE PEACE OF AIX-LA-CHAPELLE speaking of the persons designed for foreign ministers, he mentions your son as proposed to be joined with the Duke of Richmond, and left to reside at Paris when the Embassy is over. I have returned no answer to that particular of his letter, because I did not think it proper in respect to you to accept or refuse such a thing for Col: Yorke without your approbation. Besides, my friend, the Duke of Newcastle never has understood the affair as we have all done, and if I don't greatly mistake, as you told me you did, to be as Secretaire d'Ainbassade. As we never objected to it in that light, why should it not remain so^? Anything further is a future consideration and may be convenient, or not, as things turn out ; at present, I think if you approve of it, it will be better to let it remain in the light it was proposed and understood by us. For my part, I shall be very glad to act in it as will be most agree- able to you and your son, but it seems to me most eligible as we took it. I can't conclude my letter without congratulating you on the happy conclusion of the Definitive Treaty. We have all reason to be pleased with the manner it is finished in, and I hope the nation will soon reap the benefits of it. I remain always your very affectionate Friend, William. I hope you'll excuse my making use of Col: Yorke's hand, but I believe it won't be the less welcome. [The Chancellor replies on October 25 [H. 242, f. 181], ex- pressing himself as fully satisfied.] Right Hon. Henry Pelham to the Lord Chancellor [H. 75, f. 74.] Greenwich Park, Oct. 22nd, 1748. My Dear Lord, ...His Grace is fuller of complaints and vanity than ever. He says he has wrote a long one [letter] to your Lordship, in which he has spoken his mind thoroughly ; I hope he has done it on a more reasonable foundation than these to me. I own it vexes and hurts me that, in the midst of all public joy, these disagreeable incidents are perpetually to happen. I just wrote a short answer, not having time for more, acknowledging the receipt of his letters, wondering what it was that made him uneasy, but at the same time fairly owning that I was quite wearied out with these reiterated and unjust complaints of his friends ; that I knew no one that had done wrong by him, that for myself I was sure I had acted upon a different principle, that I had not so much as touched in any of my letters upon the late differences between him and those he and he alone sent abroad ; that I could not flatter one I loved, and less 1 Col. Y. writes to the same effect to his father, H. 6, f. 389, FURTHER QUARRELS 6^7, so when it was called for\ I think this is the substance of my letter to his Grace ; when I come to town I will bring with me those he wrote to me for your Lordship's perusal. As to the business part of my correspondence, I scarce ever have any answer, at least, not till a post or two after he has received my letters.... I cannot but stand amazed at the impudence of the Court of Vienna ; to make a demand of iJ'ioOjOOO of us, as a kind of condition for exchanging the ratifications, is, after their late behaviour, an instance of assurance beyond example-. I am sorry to see my brother give the least into it. I have wrote the Duke of Bedford word, as I do now to your Lordship, that nothing shall make me come into it*. I see the behaviour of that Court in a very different light from what my brother does, and I think this very packet proves that I am in the right. Do not think I intend to enter into the dispute, for I assure your Lordship I do not. All I mean by it is to justify myself to your Lordship, in declaring that I never will come into the project of giving that Court ;^ 100,000, as a reward for their imperious and ungrateful behaviour. Forgive me, my dear lord, for presuming to open my mind thus freely to you. I once thought your Lordship could, when you set heartily to work, convince the Duke of Newcastle when his suspicions were ill founded, but I doubt now it is no more in your power than in his, who will ever remain, Your faithful and obedient servant, H. Pelham. Lord Chancellor to the Duke of Newcastle [N. 32, f. 192; H. 62, f. 53.] Powis House, Oct. ii^th, 1738 (i.e. 48). My Dear Lord, The three letters which I had the honour to receive from your Grace, late on Friday night, have filled my mind with the greatest concern and uneasiness. And my uneasiness is the greater because, as the business of the term is now come upon me, together with that multiplicity of public business, which your Grace knows the dispatches of that post brought and the present scene of affairs furnishes, I really have not time to enter into all the particulars. ^ "I must own to you freely I am tired of your complaining letters.... Letters of flattery, especially when they are called for, I can't write." II. 62, f. 72. These were scarcely what might be called soothing expressions. The Duke's answer, H. 62, f. 74. ^ This was a portion of the Austrian subsidy only payable, however, on the fulfilment of the Austrian obligation to furnish her quota of the troops, which had not been done. It was, however, now held out as a douceur to that Court to sign the Treaty. * Mr I'elham did afterwards support in part the demand of the Court of Vienna, and it went down with little difficulty. H. 684 THE PEACE OF AIX-LA-CHAPELLE It grieves and wounds me to the heart that your Grace should entertain any suspicion that your friends here, particularly myself, should have acted, in any instance, with an intention to detract from your merit in bringing about the conclusion of a definitive treaty to comprehend all the King's allies, or at least not to ascribe to your Grace all that merit in it which so justly belongs to you. I protest before God I am clear of any such intentions, and so I verily believe are the other persons concerned. I sincerely think your Grace has all the merit in it, which any minister ever had in any the most important and best conducted negotiation. I think that, in the progress of it, you have shewn as much ability, courage and zeal for the service of your King and of your Country and for the good of the alliance in general, as any minister ever exerted, and have avow'd, and shall avow it, in all places, and to all persons. If I have been short in my expressions of those senti- ments, I am very sorry for it ; but (if I have been so) it has proceeded from an opinion that your Grace knew, and did not doubt my heart... Besides, my letters (too long in themselves) have generally been writ in a very great hurry ; all drawn and copied with my own hand, and the time for doing it stolen (as it is now) from my necessary sleep. I was in great hopes that the altercation about the difference of opinion, concerning the method of proceeding, had been quite over. I don't remember that, during the course of it, there has been in any one public letter any expression of a disapprobation of the part your Grace took. I am sure I never gave my opinion that there should. As to laying before you my doubts and fears, and even my opinion, in private letters, I thought it was owing to that friendship and confidence with which you have always honoured me, and my duty as an honest man, to lay them before you nakedly as they were, and little imagined that I should have displeas'd by so doing. But the success of your Grace's measure has sufficiently proved the propriety of it, and will silence every gainsayer. Political points are often problematical, and admit of variety of opinions. Success is an irrefragable decision. But, if this had not succeeded, you should (notwithstanding what has pass'd) have found me, not only far from blaming, but defending it. [The Duke had entirely misapprehended the tone of the Duke of Bedford's letter and other incidents.] As to what your Grace says about bringing the question concerning the method of pro- ceeding before the Parliament, for God's sake, my dear Lord, do THE CHANCELLOR AS PEACEMAKER 685 but reflect coolly upon it for one moment. How can it be, after the business concluded and the event over, unless it be right for an administration to raise points upon themselves? I cannot learn that the Enemy knows one word of it The messenger waits, and I have not time to say more. I could say a thousand things by way of expostulating, and perhaps a little complaining in my turn. I choose to avoid it. I have always had the most faithful and affectionate attachment to your Grace from which I have never deviated, nor ever will. I have had the honour to serve long with you, and will never serve without you ; but such repeated, severe correction I hope I have not deserved, and find it a little too heavy. In all circumstances I am, and ever will be, unalterably, my dear Lord, most unfeignedly and affectionately yours, Hardwicke. I heartily wish your Grace a safe and happy journey hither, where you will be cordially welcomed by your friends and the whole nation. [On October 30, 1748 (N.32, f 227; H. 62, f. 70), the Duke sends the Chancellor another protest, complaining of his brother's "unkind and undeserved letter," and forwarding a packet of papers in his justification. On November i (N. 32, f 249; H. 62, f. 78), the Chancellor writes again disclaiming all thoughts of disapproval of the Duke's policy and diplomacy. The discussion is continued by the Duke in a letter of November 2 (H. 32, f 255; H. 62, f 80).] END OF VOL. I. (JTambn&ge j PRINTED BY JOHN CLAY, M.A. AT THE UNIVERSITY PRESS ^ Sol U.I University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. m 3 19^' Series 9482 UC SOUTHERN REGIONAL LIBRARY FACILITY liliiii mil ill III II II liiil I 111 II mil 1 1 II II AA 000 234 734 2