¦"ihv >!< f M i&ji 'r'Wtiitlii^a '^m$-:t-,-: s^ -i « f'M .t u:}< •L«fj; &J<^K ; ^i^ YALE UNIVERSITY LIBRARY THE LIFE LORD CHANCELLOR HARDWICKE; WITH SELECTIONS FROM BIS CORRESPONDENCE, DIARIES, SPEECHES, AND JUDGMENTS. GEORGE HARRIS, ESQ., OF THE MIDDLE TEMPLE, BAERISTER-AT-LAW. " If you wish to employ your abilities in writing the life of a truly great and wonderful man in our profession, take the Life of Lord Hardwicke for your object; he was, indeed, a wonderful character— he became Chief-Justice of England, and Chancellor, from his own abilities and virtues." Lord Mansfield. IN THREE VOLUMES. VOL. III. LONDON: EDWARD MOXON, DOVER STREET; STEVENS' & NORTON, BEtL YARD AND FLEET STREET. MDCCCXLVII. LONDON : ¦WILLIAM STEVENS, rttlNTER, BELL YARD, TEMPI-.K BAR. CONTENTS OF VOLUME IIL CHAPTER XII. 1754—1756. PAGE High Position of Lord Chancellor Hardwicke — Correspondence with Mr. Pitt — Legal Promotions — Dedication of Warburton's Divine Legation to the Chancellor — Testimonial from the City of Edinburgh — Lord Hardwicke's Conferences with Mr. Pitt, and Promotion of Mr. Fox — Donation to Dr. Leland — Arch bishop Herring and the Chancellor — Debate on Foreign Treaties and on Mihtia Bill— Death of Lord Chief Justice Ryder — Succeeded by Mr. Murray, who is created Lord Mansfield — Re tirement of Mr. Fox — The Chancellor's Conferences with Mr. Pitt — Resignation of Lord Chancellor Hardwicke — Testimony to his Merits as Chancellor — Judicial Arrangements — Judg ments of Lord Chancellor Hardwicke in Attorney-General and Harrow School — Mourse and Shebbeare — Journal by Lord Chancellor Hardwicke of his Delivering up the Great Seal . 1 CHAPTER XI IL 1756—1760. Promotion to the Solicitor-Generalship of Mr. Charles Yorke — Death of Lord Chancellor Jocelyn — Case of Admiral Byng — The Earl of Hardwicke at Court — Debate on Mihtia Bill — Lord Hardwicke Refuses the Chancellorship — Reconstruction of the Ministry — Andience with the King — Correspondence with Mr. Pitt — The Earl of Hardwicke at Wimpole — Habeas Corpus Bill — Dr. Henesey's Case — Death of Mrs. C. Yorke — The King and Prince George — Foreign AiFairs — Illness of Lord Hardwicke — Prosecution of Dr. Shebbeare— Trial of Lord Ferrers — Lord Karnes and Lord Hardwicke — Death of Lady Anson — Death and Character of King George the Second . . . . . . . . . .104 Yl CONTENTS. CHAPTER XIV. 1760—1762. PAGE Accession of King George the Third— His Reception of Lord Hardwicke— The King's first Speech— Measure for Estabhshing the Independence of the Judges— Verses by Lord Hardwicke — Ministerial Arrangements — Announcement of the King's In tended Marriage — Arrival of the Princess, and Royal "Wedding —Death of the Countess of Hardwicke — Resignation of Mr. Pitt — Offer from the King to Lord Hardwicke of the Privy Seal — Resignation of the Duke of Newcastle — Death of Lord Anson — Lord Hardwicke at Court — His Conference with Lord Bute — Pension to Dr. Johnson — Retirement of the Earl of Hardwicke from Public Life ...... 226 CHAPTER XV. 1762—1764. Birth of George the Fourth — Lord Lyttelton's Visit to Lord Hardwicke — Proposals respecting the Great Seal to Charles Yorke— -Visit of the Duke of Newcastle to Wimpole — Hogarth and Lord Hardwicke — Debate on the Preliminaries of Peace — On the Cyder Bill — Resignation of Lord Bute — Proceedings respecting Wilkes — Lord Hardwicke's Conference with Lord' Egremont — Summons to London respecting Ministerial Nego tiations — Illness of Lord Hardwicke — Resignation of C. Yorke — Death of the Earl of Hardwicke — His Funeral — Contempo rary Notices of him ........ 298 CHAPTER XVI. Family of Lord Chancellor Hardwicke — Philip, Second Earl — High Steward of the University of Cambridge — ^His Journal Intimacy with Dr. Birch — Correspondence with Dr. Robert son, David Hume, and D. Garrick — Literary Labours — Poli tical Career — Charles Yorke — Intimacy with Dr. Birch Lite rary Efforts — Correspondence with Bishop Warburton, D. Garrick, the Marquis of Rockingham, Dr. Dodd, King of ro?,'TENrs. PAGE Poland, the President Montesquieu, and Duke of Newcastle- Letters on Bacon — Professional Career — Private Journals re specting Offers to him of the Great Seal — Becomes Lord Chancellor — His sudden Death — Contemporary Accounts of this — Character of Charles Yorke— Joseph Yorke — Created Lord Dover — John Yorke — M. P. for Higham-Ferrers — James Yorke— Bishop of Ely — Lady Elizabeth, married to Lord An son — Lady Margaret— Married to Sir John Heathcote — De scendants and present Representative of Lord Chancellor Hardwicke 399 CHAPTER XVII. Character of Lord Chancellor Hardwicke — The perfect Lawyer — Intellectual Endowments of Lord Hardvricke — Moral Qua lities — Character of the Era of Lord Hardwicke — His Profes sional and Official Career — Enumeration and Refutation of the Calumnies against him — Horace Walpole and Lord Chancellor Hardwicke — Contradictory Accusations — Comparison between Lord Hardwicke and Lord Somers — High Testimony on Lord Chancellor Hardwicke's Behalf — Nature and Style of his Elo quence — His Success and Fame as a Politician — His Value aud Excellence as a Lawyer — His Elucidation of First Principles in each Branch — His Rise to Eminence and Renown in our Day — Conclusion .... .... 490 THE LIFE LORD CHANCELLOE HARDWICKE. CHAPTER XII. 1754—1756. HIGH POSITION OF LORD CHANCELLOR HARDWICKE — CORRESPON DENCE WITH MR. PITT — LEGAL PROMOTIONS — DEDICATION OF warburton's DIVINE LEGATION TO THE CHANCELLOR — TES TIMONIAL FROM THE CITY OF EDINBURGH — LORD HARDWICKE'S CONFERENCES WITH MR. PITT, AND PROMOTION OF MR. FOX DO NATION TO DR. LELAND — ARCHBISHOP HERRING AND THE CHAN CELLOR — DEBATE ON FOREIGN TREATIES AND ON MILITIA BILL — DEATH OF LORD CHIEF JUSTICE RYDER — SUCCEEDED BY MR. MUR RAY, WHO IS CREATED LORD MANSFIELD — RETIREMENT OF MR. FOX — THE chancellor's CONFERENCES WITH MR. PITT — RESIG NATION OF LORD CHANCELLOR HARDWICKE — TESTIMONY TO HIS MERITS AS CHANCELLOR — JUDICIAL ARRANGEMENTS — JUDGMENTS OF LORD CHANCELLOR HARDWICKE IN ATT.-GEN. AND HARROW SCHOOL — MOURSE AND SHEBBEARE — JOURNAL BY LORD CHANCEL LOR HARDWICKE OF HIS DELIVERING UP THE GREAT SEAL. Lord Chancellor Hardwicke had now attained the highest position to which he could aspire, and to which his great professional renown, his extensive and unsul lied reputation, and the long period of his services to the state, — the value of which his country had recently acknowledged in the new honours conferred upon him, — alike contributed to raise him. Not that the earldom VOL. III. B 2 LIFE OF LORD CHANCELLOR HARDWICKE. added to his influence in the House of Lords, or to his authority on the bench, because these had before been rendered paramount by the exalted wisdom and profound learning which all acknowledged him to possess ; but he was now the main support on which the administration relied ; the acknowledged adviser of the prime minister in each measure of importance, and the counsellor to whom the Sovereign resorted in every case of emergency. On the Earl of Hardwicke had devolved the arduous task of reconstructing the government, on the calamitous death of Mr. Pelham ; and for a short interval the Chan cellor was the only responsible and acting minister of the Crown. Lord Hardwicke's station was therefore one to which few great lawyers have ever aspired, and beyond which no great public man has ever yet reached. Re vered by his Sovereign for his talents and virtues, which had also rendered his name respected throughout the world, he was no less esteemed and beloved by the nation. He was at once the presiding spirit in the councils of his country, and the statesman of most com manding influence in its first judicial and legislative assembly ; the oracle of the profession he so eminently adorned, and the admiration of that select circle of tried and attached friends, to whom alone all his private ex cellencies, which vied with his more popular qualities, could be fully known. During the negotiations that were in progress respect ing the carrying on the government after Mr. Pelham's death, Mr. Pitt addressed a letter to his friend Sir George Lyttelton, in which his opinion of the wisdom and abilities of Lord Chancellor Hardwicke is fully evinced, by the following passages in that letter. " I beg you will be so good to assure my Lord Chancellor, in my name, of my most humble services and many very grateful acknow- PITT S CHARACTER OF LORD HARDWICKE. O ledgments for his lordship's obliging wishes for my health. ...... I can safely trust to my Lord Chancellor's wisdom, authority, and firm ness, in conjunction with the Duke of Newcastle's great weight and abilities, as soon as his Grace can recover into action again. I can never sufficiently express the high sense I have of the great honour of my Lord Chancellor's much too favourable opinion of his humble servant." * The character which Mr. Pitt gives of Lord Hard wicke, in another letter to Sir George Lyttelton, is deserving of attention. ••Bath, March 24th, 1754.t " Dear Lyttelton, — Being much tired with long deliberation, and writing a very long letter to the Duke of Newcastle, as well as unfit to write much to-day, from a restless night, by the late arrival of your packet, and the effect of Bath waters, I shall say but a few words. I desire you will say all you suppose I feel towards the Chancellor, as when I tell you I think him sincere in his professions, and reverence his wisdom before any man's. The Duke of Newcastle, I don't charge with insincerity intentionable, or want of good will ; but I impute all that's wrong there, to an influence that overrules his mind, of which we shall discourse more largely when we meet. " Your ever afFectionate, " W. Pitt." In the postscript to this letter, Mr. Pitt says : " I really honour and respect the Chancellor, and think him a great resource in these times." The following letter was addressed to the Chancellor, by Sir George Lyttelton; the date indorsed on it by Lord Hardwicke is "Mar. 23rd, 1754." " Saturday Afternoon, J " My Lord, — I waited on your lordship this morning, both to inquire after your health, and to let you know that Mr. Pitt, though otherwise well, is still so lame * Phillimore's Life and Correspondence of Lord Lyttelton. f Ibid. X Hardwicke MSS., Wimpole. B 2 4 LIFE OF LORD CHANCELLOR HARDWICKE. that he fears he can't be in town this week or ten days. I gave him the most faithful account that I could of what your lordship had said to me upon the sight of his letter, by an express which I sent to him this morning ; but, if your lordship had leisure to write to him yourself, and thought proper to do it upon this delay of his coming to town, I beheve he would feel it as a very great favour. "I hear, from good hands, that Mr. Fox says he wishes to serve with and under Mr. Pitt ; I wish to have Mr. Pitt serve with and under your lordship. Pardon me, therefore, if, knowing as I do, that he would not be insensible to any mark of regard from your lordship, I press your writing to him upon this occasion. The Duke of Newcastle, whom I saw for a moment this morning, has promised me that he will write soon. If he sends his letter by express, perhaps your lordship may send one at the same time : but I mention it only as my own wish, and with entire submission to your lordship's judgment. " I am sorry to hear that the return of cold weather made your cough so troublesome to you last night. Your lordship can't take too much care of your health : the publick is always very greatly concerned in it, and can hardly be more so than at this crisis. One of the pillars of our common weal has been thrown down : I pray God to preserve and strengthen the other. " Permit me to repeat the expressions of gratitude and attachment to your lordship, which very sincerely broke from my heart in our last conversation; and believe that I am, with the highest veneration, " My lord, " Your lordship's most obliged " And most obedient humble servant, G. Lyttelton." chancellor's letter to MR. PITT. 5 The first of the letters addressed by Mr. Pitt to Sir George Lyttelton was shown by him to the Earl of Hardwicke; on which the Chancellor, as desired, wrote to Mr. Pitt, which he did at great length, des cribing fully the confusion which ensued in the cabinet on Mr. Pelham's death, his own part in the negotia tions that followed, the conduct of the King, the circumstances which led to the appointment of the new Premier, and Lord Hardwicke's views and wishes with regard to the great statesman he was addressing, whose commanding eloquence, and leading influence in the House of Commons, rendered his support of the ministry at this period a matter of the first importance. Lord Hardwicke's letter is as follows : — '• Powis House, 2nd April, 1754.* " Sir, — After having read your letter to Sir George Lyttleton, which he was pleased to show me, I take shame to myself for having omitted so long to do myself the honour of writing to you. But I must own, (besides the pain of leaning down to write during the violence of my cough), another kind of shame has, in part, restrained me from it ; for I blush even when I refer to that letter. I am penetrated with the goodness which it breathes for me ; but that goodness carried you to say some things which, as I am sensible I neither do, nor ever can deserve, I dare not take to myself. Besides this, I have lived in such continual hurry ever since the day of our great misfortune, Mr. Pelham's death, — " Ille dies quem semper acerbum, Semper honoratum (sic Dii voluistis,) habebo, — " that I have had no time for correspondence. " The general confusion called upon somebody to step forth, and the Duke of Newcastle's overwhelming affliction and necessary confinement threw it upon me. I was a kind of minister ab aratro, I mean the chancery plough, and am not displeased to be returned to it, laborious as it is to hold. I never saw the King under such deep concern since the Queen's death. His Majesty seemed to be unresolved ; professed to * Hardwicke MSS., Wimpole ; Phillimore's Life and Correspondence of Lord Lyttelton. 6 LIFE OF LORD CHANCELLOR HARDWICKE. have no favourite for the important employment vacant ; and declared that he would be advised by his Cabinet Council, with the Duke of Devonshire added to them ; and yet I could plainly discern a latent prepossession in favour of a certain person, who, within a few hours after Mr. Pelham's death, had made strong advances to the Duke of Newcastle and myself. I gained no further ground for four days, and remained in a state of the utmost anxiety, as well for the King's dignity as for the event. " To poll in a Cabinet Council for his first minister, which should only be decided in his closet, I could by no means digest ; and yet I saw danger in attempting to drive it to a personal determination. My great objects were to support the system of which Mr. Pelham had been in a great measure at the head ; hy that means to preserve and cement the Whig party, and to secure the election of a new Parliament upon the plan he had left, though unfinished ; which I inculcated to be the immediate fundamental object. This I stuck close to, as I saw it car ried the greatest force ; and I took advantage of the King's earnest ness for a good House of Commons, to show him the necessity of fortifying his interest there, not only by numbers, but by weight and abilities. " Under this head it might have the appearance of something which I would avoid being suspected of, if I told you all I said of particular persons. I was not wanting to do justice to true merit, nor backward to show him how real strength might be acquired. Some way I made, though not all I wished ; and I threw out intimations that, upon this occasion, openings would be made in very considerable employments, in which some of those I named should be regarded. I sincerely, and without affectation wish that it had been possible for you to have heard all that I presumed to say on this subject. I know you are so reason able, and have so much consideration for your friends (amongst whom I am ambitious to be numbered) that you would have been convinced some impression was made, and that in the circumstances then existing, it could not have been pushed further without the utmost hazard. " It would be superfluous and vain in me to say to you, what you know so much better than I, that there are certain things which ministers cannot do directly ; and that in pohtical arrangements, prudence often dictates to submit to the minus malum, and to leave it to time and in cidents, and perhaps to ill-judging opponents to help forward the rest. Permit me to think that has remarkably happened even in the case before us. An ill-judged demand of extraordinary powers, beyond what were at last in the royal view, has, in my opinion, helped to mend the PITT S PEPLY TO LORD HARDWICKE. 7 first plan, and to leave a greater facility to make use of opportunities still to improve it. This situation, with the Duke of Newcastle, (whose friendship and attachment to you are undoubted and avowed,) placed at the head of the treasury, and in the first rank of power, afi'ords a much more promising prospect than the most sanguine dared to hope when the fatal blow was first given. " It gave me much concern to find by your letter to the Duke of Newcastle, which his Grace did me the honour to communicate to me in confidence, that you are under apprehension of some neglect on this decisive occasion. At some part of what you say I do not wonder. I sincerely feel too much for you, not to have the strongest sensibility of it ; but I give you my honour there was no neglect, I exerted my utmost, in concurrence with, and under the instruction of the Duke of Newcastle, whose zeal in this point is equal to your warmest wishes. That an impression was made to a certain degree, I think appears in the instances of some of your best friends, Sir G. Lyttelton, and Mr. G. Grenville, upon whom you generally and justly lay great weight. I agree that this falls short of the mark ; but it gives encouragement. It is more than a colour for acquiescence in the eyes of the world; it is a demonstration of fact. No ground arises from hence to think of retirement, rather than for courts and business. We have all of us our hours wherein we wish for those otia tuta ; and I have mine frequently, but I have that opinion of your wisdom, of your concern for the public, of your regard and affection for your friends, that I will not suffer my self to doubt that you will continue to take an active part. There never was a fairer field in the House of Commons for such abilities, and I flatter myself that the exertions of them will complete what is now left imperfect. " I need only add to this my best wishes for the entire re-establish ment of your health. Those wishes are as cordial as the assurances which, with the utmost sincerity and respect, I now give you, that I am always. Sir, " Your most obedient, most faithful and most humble servant, "Hardwicke." The following is Mr. Pitt's reply to Lord Chancellor Hardwicke. He avows himself very grateful for the part which the Chancellor had taken on this occasion ; and pointedly alludes to the strong and fixed displeasure against him which the King was believed at this time 8 LIFE OF LORD CHANCELLOR HARDWICKE. to entertain ; and about which he expresses himself with a feeling of sensibility and disappointment, to which an observer of his general career and mode of action might have supposed him to have risen superior. The opinion which Mr. Pitt declares of the characteristic qualities and powers of the statesmen newly appointed to office, will be read with interest. "Bath, April 6th, 1754.* " My Lord, — No man ever felt an honour more deeply than I do that of your lordship's letter. Your great goodness in taking the trouble to write, amidst your perpetual and important business, and the very condescending and infinitely obliging terms in which your lordship is pleased to express yourself, could not fail to make impressions of the most sensible kind. I am not only unable to find words to convey my gratitude, but I am much more distressed to find any means of deserv ing the smallest part of your lordship's very kind attention and indul gence to a sensibility carried, perhaps, beyond what the cause wiU justify in the eye of superior and true wisdom. I venerate so sincerely that judgment, that I shall have the additional unhappiness of standing self-condemned, if my reasons already laid before your lordship con tinue to appear insufficient to determine me to inaction. I cannot, without much shame, so abuse your lordship's indulgence, as to go back, but for a moment, into an unworthy subject that has already caused you too much trouble, and which must unavoidably be filled with abundance of indecent egotism. But permit me to assure your lordship, in the first place, that far from having a doubt remaining on my mind, that more might have been done in my favour on this occa sion, I think myself greatly indebted to your lordship's goodness, and will ever gratefully acknowledge the kind eff'orts you were pleased to make to remove impressions that have entered so deep ; but I hope your lordship will not think me unreasonable if I conclude, from the inefficacy of these efforts in such a want of subjects to carry on the king's business in parliament, and under his Majesty's strong sense of that want, that these impressions are immoveable. " Your lordship is pleased kindly to say that some way is made, and that some future occasion may be more favourable for me. I am not able to conceive any such occasion possible. God forbid, the wants of * Hardwicke MSS., Wimpole j Phillimore's Life and Correspondence of Lord Lvttelton. PITT UNDER ROYAL DISPLEASURE. 9 his Majesty's government should ever become more urgent ! Such an unhappy distress can only arise from an event so fatal to this country, and which must deprive me of one of the two great protectors, whose friendship constitutes the only honour of my pubhc Ufe, that I wiU not carry my views or reasonings forward to that melancholy day. I might likewise add, (I conceive not unreasonably), that every acquiescence to his Majesty's negative, (necessary as I am convinced it was to acquiesce,) must confirm and render more insurmountable the resolution taken for my perpetual exclusion. " This, I confess, continues to be strongly my view of my situation. It is very kind and generous in your lordship to suggest a ray of dis tant, general hope to a man you see despairing, and to turn his view for ward from the present scene to the future. But, my lord, after having set out under suggestions of this general hope ten years ago, and bearing long a load of obloquy for supporting the King's measures, and never obtaining in recompense the smallest remission of that displeasure I vainly laboured to soften, all ardour for public business is really extin guished in my mind, and I am totally deprived of all consideration by which alone I could have been of any use. The weight of irremove- able royal displeasure is a load too great to move under ; it must crush any man ; it has sunk and broke me. I succumb, and vrish for nothing but a decent and innocent retreat, wherein I may no longer, by con tinuing in the public stream of promotion, for ever stick fast aground, and aff'ord to the world the ridiculous spectacle of being passed by every boat that navigates the same river. To speak without a figure, I will presume upon your lordship's great goodness to me, to tell my utmost wish : — it is, that a retreat, not void of advantage, or derogatory to the rank of the office I hold, might, as soon as practicable, be opened to me. In this view, I take the liberty to recommend myself to your lordship's friendship as I have done to the Duke of Newcastle's. Out of his Grace's immediate province accommodations of this kind rise, and to your joint protection, and to that only, I wish to owe the future satisfaction of my life. " I see, with the greatest pleasure, the regard that has been had to Sir George Lyttelton and Mr. G. Grenville. Every good done to them will be, at all times, as done to me. I am at the same time persuaded that nothing could be more advantageous to the system. Sir G. Lyttelton has great abilities for set debates and solemn questions ; Mr. Grenville is universally able in the whole business of the house, and, after Mr. Murray and Mr. Fox, is certainly one of the very best parliament- men in the house. 10 LIFE OF LORD CHANCELLOR HARDWICKE. " I am now, my lord, to ask a thousand most humble pardons of your lordship, for the length, and, I fear, stiU more, for the matter, of this letter. If I am not quite unreasonable in a trying situation, your lordship's equity and candour will acquit me ; if I am so unfortunate as to appear otherwise to a judgment I revere, I hope humanity and generosity will pardon failings of which I am not quite master, and that I trust do not flow from any bad principle. Sure I am they never shall shake my unalterable and warm good wishes for the quiet and security of government. I rejoice in your lordship's recovery from your late indisposition, and am, my lord, &c. •• W. Pitt." The extract which follows from a letter of the Duke of Newcastle to Mr. Pitt, dated April 2nd, 1754, shows the entire confidence which he reposed in, and the una bated regard which he had for Lord Hardwicke : — " My Lord Chancellor, with whom I do everything, and without whom I do nothing, has had a raost material hand in all these arrangements. He sees and knows the truth of what I write, and he judges as I do, that no other method but this could have been foUowed with any pro spect of success." * While the negotiations were in progress for the re arrangement of the ministry, Lord Chancellor Hard wicke's old friend, Lord Chief Justice Lee, died. He was of great eminence as a lawyer, and much regretted by the profession, as well as by his personal friends. The Attorney-General, Sir Dudley Ryder, was promoted to the Chief Justiceship, and the Solicitor-General, Mr. Murray, made Attorney- General. Sir Richard Lloyd was selected as the new Solicitor-General. Another death of a person filling a high judicial office, and who was closely connected by the ties of friendship with Lord Chancellor Hardwicke, occurred soon after that of Lord Chief Justice Lee. Sir John Strange Master of the Rolls, died during the month of May; * Chatham Correspondence. DEATH OF STRANGE AND LEE. 11 and the following letter from the Duke of Newcastle to Lord Chancellor Hardwicke, relating to the anticipated professional changes consequent on this event, will be found interesting to the professional reader, from the allusions it contains to the capacities for office of the dif ferent rising men at the bar at that time, some of whom eventually attained the highest professional honours. No copy of the Chancellor's letter to the Duke of Newcastle is among Lord Hardwicke's papers ; but the contents of it may be learnt from the references made to it in that of the Duke. Clermont, Saturday, one o'clock,* " My Dear Lord, — I have the honour of your lord ship's letter, & am most truly concerned for poor S'' John Strange, whom I honoured & loved extreamly for his many excellent publick qualities, & most amiable private ones. I scarce know any man, with whom I had so little acquaintance, that I should more regret. " I am much obhged to you for your laying your thoughts before me in so kind & full a manner. There is every consideration which can come in question upon this occasion, stated in the plainest & most impartial light. To be sure it should be offered to the Attorney- General. Common justice & proper regard require it, & therefore 1 hope y'' lordship will sound him upon it, this evening, I shall take no notice to him of it, directly or indirectly. It is fit that your lordship sho*^ have the whole transaction of this affair, & I shall approve whatever you do in it, as he likes best ; I can not at all guess what he would do. For the King's service, it is, I think to be wished that he should remain where he is ; but, as his health is not quite good, & this * Hardwicke MSS., Wimpole. 12 LIFE OF LORD CHANCELLOR HARDWICKE. is a very honourable station, consistent with his seat, figure, & use in the House of Commons, I cannot pre tend to judge what he will do. " If he sho"^ accept it, it will be difficult to replace him ; I am free now to declare that, in my opinion, S"" Richard Lloyd's character will not support him as At torney-General, so that it must be either Mr. Clarke, Mr. Noel, or Mr. Henley, for Charles, to be sure, you would not think of at first. If the Attorney- General don't take it, I should think the gradation observed in your letter extreamly right ; Mr. Clarke would, I sup pose, make a very good one ; S"^ R. Lloyd a very im proper one. There can be no objection to Mr. Clarke, except as you say, that it makes no way. I own I should not dislike the scheme of Noel to be Master of the Rolls, Sir R. Lloyd Chief Justice of Chester, & Charles, SoUcitor. But Sir Richard, I am afraid, would never take the Ch. Justice of Chester, as I doubt the circuits would be incompatible with his views of the chair. Upon the whole, I think you must speak to the King upon it to-morrow. I fancy the King would have no great objection to making either Noel or Henley ; but in that case, a very deserving man, Mr. Clarke, is put by in a court where he is greatly before either of them. .... In all events, I am sure you will take care that the Attorney-General should have all the respect, friend ship, & affection showed to him possible ; & upon that dependence I shall write nothing to him, or to anybody for him, but leave this whole affair (as it ought to be) to be conducted by yourself only. I should be glad you would send me a hne hither to-morrow after court, to let me know what passes in the closet ; & you would oblige me to let me have a fine by the post this evening, with a short account of what shall pass with the At- SPECULATIONS ABOUT LEGAL PROMOTIONS. 13 torney-General. Your lordship sees, by the contents of this letter, how much I think with you, & I am truly sensible of your constant goodness to me, by your cor dial & confidential communications upon all occasions. " I am, my dearest lord, " Ever & unalterably yours, " HoLLES Newcastle." As might be anticipated, the Attorney-General, Mr. Murray, refused to accept the Mastership of the Rolls, which the Sohcitor-General also declined unexpectedly. The former, had, indeed, been long waiting for promo tion, having, until lately, been Solicitor-General ever since November in the year 1 742 ; and it must have been somewhat mortifying to him to see the Chief Justiceship of the King's Bench filled by his immediate superior in station, who had every prospect of holding it for a lengthened period. It was probably, therefore, now Mr. Murray's determination to wait for the Great Seal, which, from Lord Chancellor Hardwicke's ad vancing years, it was most likely would ere long fall to Mr. Murray's choice ; and there was, indeed, no one in the profession who seemed so worthy to succeed the Earl of Hardwicke, as this very distinguished lawyer and orator. The destiny of great lawyers is, however, peculiarly dependent on the chances of events ; and the wonder is,- in reality, that they are generally in the end so fairly rewarded and promoted as they are, in proportion to their merits and abilities. It is an interesting fact connected with these arrangements, that had the Duke of Newcastle's proposal, of making Mr. Charles Yorke Sohcitor-General in the place of Sir Richard Lloyd, who was a far less able man and an inferior lawyer, been carried out on this occasion, Mr. Yorke would not 14 LIFE OF LORD CHANCELLOR HARDWICKE. only have held the high office in which his father was at this time presiding, but, as events happened, would, in all probability, have been his father's immediate successor. On the Slst of May Parliament was prorogued by com mission. The address of the commissioners was settled by the Lord Chancellor. In a letter from Mr. John Yorke to his eldest brother, Lord Royston, the following account of Colonel Yorke, and an anecdote of Mr. Fox, are recorded. We also glean some intelligence of the Chancellor, from the same source : — " He, Col. Yorke, had an audience of the K. before he set out, who commended his conduct in Holland, be yond what he had ever done before ; & even said that nobody else could or would do so well. ' You have found the way to treat with those people.' This strong approba tion, & the assurances given in a certain conversation, of which he probably told you at Wrest, have sent His Excellency off in very good humour & spirits. At pre sent, too, he is the reigning favorite at N.* House, after having made a second visit to Claremont, picked the pockets of His Grace & all his company, of upwards of £100 for M. Parisot's tapestry, & dared to commend Hackney school. As he was passing tliro' the drawing room, after he had had his last audience, Mr. F — x came up to him, with a most smiling countenance, & begged whenever he had anything to do in his way, he would honour him with his commands ; & assured him he would not fail to put the K. in mind of him. Added to this, a thousand apologies about visiting & not visiting passed ; & so they grinned, & lyed, & parted. We have been much entertained with this scene ; &, as far as we * Newcastle. PRINCE OF WALES AND DUKE OF CUMBERLAND. 15 could, astonished at such modesty. It seems by his present behaviour, as if he hoped to bring about by soothing & flattery what he has found impracticable by intrigue & violence " The 10th of August will be the soonest that my lord's law business will be finished, & then he always stays a few days to wind up bottoms. " Charles has resolved to stay at home this summer, and perhaps his friends may see as little of him as if he went abroad. He talks of Weymouth." * Another letter, from the same to the same, contains a brief notice of the Duke of Cumberland, & the young princes, at an entertainment which was given by Lord Anson, on the occasion of a launch, which may be read with interest : — " The launch succeeded perfectly, & L** A. much com plimented upon the elegance of the entertainment, & his politeness at court, & elsewhere. H. R. H. the Duke accompanied the princes, and showed himself a very dutiful unkle, much to the edification of y*^ multitude, who thought he expressed great fondness towards them. His behaviour to the company was much spoke of ; & in particular his engaging Sir Percy Brett, (who dined with them on board the yacht,) to tell the Prince of Wales the story of his engaging the Elizabeth ; now & then throwing in a circumstance from his own memory, with great attention & politeness ; & S' Percy related it hand somely."! A singular epistle was addressed to the Lord Chancellor during June, by a cracked-brain fellow, who went by the name of " Orator Henley," an account of some of whose * Hardwicke MSS., Wimpole. t Ibid. 16 LIFE OF LORD CHANCELLOR HARDWICKE. vagaries has already been given in the earlier part of this work. It would seem that of late this versatile genius had employed his eloquence on political rather than on polemical topics, and had occasionally condescended to act the part of a government spy, for hire and reward. He tells Lord Hardwicke, — "I most humbly ask pardon for informing your lord ship that one proof of my serving His Majesty & the ministry in my advertisements and discourses, tho' seem ingly against them, is that I gain intelligence by them of the reel enemies of the court ; & tho' the late R' Hon. Mr. Pelham engaged it should not be known, but to / Royal Family , first ministers, ^ y" Judges; & Mr. Pelham, some months before his death, gave me ten guineas for one piece of intelligence, about certain electors, which, with others, I could not have obtained but by such ad vertisements & discourses ; I received sixty guineas from him in the whole, for various services of that kind, on severall occasions ; & I allways invariably devoted my oratory, & do, to y^ like intention, in several shapes, & shall always be proud of every opportunity to be of any use or service to your lordship, & your noble family." * He therefore requested the protection of the Lord Chancellor, in case any attempts should be made to injure him on account of his " oratory." Lord Holdernesse wrote to the Lord Chancellor in the autumn, and forwarded to him two letters, which he had received from the Vice-Chancellor and Mayor of Oxford, containing some examinations they had taken in conse quence of an advertisement in the Gazette, touching some treasonable verses that were found in the market-place of that city. Lord Holdernesse desired to know Lord * Hardwicke MSS., Wimpole. TREASONABLE LIBELS AT OXFORD. 17 Hardwicke's thoughts on the matter. Several letters in tercepted at the post-office, and addressed to certain persons in Oxfordshire, were also forwarded with the above. In his reply. Lord Chancellor Hardwicke expressed his opinion that the examinations were plainly intended for the purpose of representing the publication of the libel in question to have been fraudulent and collu sive, in order to cast an odium upon the University or City. He recommended that no answer be returned to the letter, and added, with respect to the treasonable verses alluded to, — " It certainly will be right to direct the friends of government to use their best endeavours to find out y^ truth, in order that, (if possible,) evidence may be ob tained to found an indictment upon at y*" next assizes."* It appears that this year Lord Chancellor Hardwicke brought his "Chancery campaign" to a conclusion rather earher than usual, as we find a letter from him to his eldest son, which was written from Wimpole, on the 19th of August. After giving some account of the va rious members of the family and their movements, he proceeds : — "As to Charles, we left him in town, telling of fortunes, as poor Sam. Mead used to call lawyers giving opinions. His scheme is to travel much at home this vacation. Derbyshire, Staffordshire, and some of those inland counties make part of it, and I suppose your honour in his way. But I learnt that he and Birch intend, in the first place, to visit the renowned archives * Hardwicke MSS., Wimpole. VQL. III. C 18 LIFE OF LORD CHANCELLOR HARDWICKE. of Hatfield. We hear that there has been such a traffick of late in state papers at that place, as would give alarm to a vigilant administration. That wise Prince, King James the Fust, would have put a stop to it, as he did to the Society of Antiquaries at Darby-house, now the Herald's Office. The curate was seen going privately from Hatfield-house to the inn, with his cassock stuffed frill of papers, to two gentlemen, with whom he kept very private till almost midnight. 'Tis an old observa tion, no plot without a parson in it, I fear Charles's expedition will increase the good people's suspicions, tho' possibly they may think he comes as one of His Majesty's Council to enquire into this odd affair. After such a dispersion, I hope we shall all meet here in health at the congress. Sir John Heathcoat was desirous to return our visit this summer, and I was willing to fix him and my lady to an early time ; so we expect them and some of the Normanton family next Monday, I sup pose for about a week. Immediately after they are gone, I fancy the Duke of Newcastle will take us in his way to Euston. He proposed it himself, but your mother has heard nothing of it yet, nor am I sure that it will take place. I have contrived these foreign visits to be as early as possible, that we might the sooner have the pleasure of our friends, who are so good as to abide by the old folkes. Lady Bell* has already named her month {Sep tember) ; and I hope it will be early in that month, that we may have the comfort of all your good companies the longer. The papers were very kind in scheming better for us than we did for ourselves ; but as company is to come so soon, you will easily beheve that your mother is very busy in unpacking her house. . . . . " Tell dear Lady Bell that her grandpapa and * Daughter of Lord Royston. APOLOGY FROM DUKE OF NEWCASTLE. 19 grandmamma love her very much, and hope she will thrive as much and learn her book as weU in Wimple air as in Wrest air."* A report had been circulated in the newspapers, which caused some alarm among the Chancellor's friends, that he had been overturned in his carriage and much hurt, and obliged to call in a surgeon to his assistance. The rumour, however, seems to have been without founda tion, but was the occasion of a great many letters from persons who were anxious to inquire into the truth of the story. The precise occasion of the following letter fi'om the Duke of Newcastle to the Lord Chancellor, which was written on the 30th of October, is not known, and was not even divulged by him to his son, as appears by a note, in Lord Royston's handwriting, at the foot of it. It is at once characteristic of the Duke's jealous, hasty temper, which so often led him into scrapes with his col leagues, and of his honourable readiness to make amends for his error, the moment that he was convinced of it. This letter serves also to exhibit, in a most forcible manner, the Duke of Newcastle's regard and esteem for the Chancellor. Lord Hardwicke had been summoned to London, to attend a cabinet meeting, a few days before. " Newcastle House, Wednesday at night, ¦\ " My Dearest Lord, — I cannot be easy 'till I have, under my hand and fi-om the bottom of my heart, beg'd your lordship's pardon, and asked your forgiveness, for the very just cause of offence, which I, tho' unde signedly, gave you this evening. Nothing ever was further fi-om my thoughts and intentions than the doing it, and I do declare, I did not recollect what I had done * Hardwicke MSS., Wimpole. t Ibid. c 2 20 LIFE OF LORD CHANCELLOR HARDWICKE. 'till I observed you were very rightly angry with me. For God's sake, my dear lord, don't harbour a thought of my want of gratitude, or the highest respect for you, and regard and submission to your advice. Every action of my hfe shows the contrary. Every firend I have knows it, and every enemy I have sees it with concern ; I may have faults, but want of sincerity is not one, and therefore you may believe me, when I assure you, that there is not one in the world who loves or honors you more than My dearest lord, yours most unalterably, " HoLLES Newcastle." Two more letters were about this time addressed to the Lord Chancellor by the Duke of Newcastle, on official matters. In one of them the Duke intimates that Mr. Fox was at this time the source of considerable uneasiness to him, and says of that gentleman : — " He has made frequent visits to Lady Yarmouth; has had her post-chaise, and brags of it." The other letter narrates a conversation which the Duke had lately had with His Majesty, in which the Chancellor was alluded to. " The King, of himself, began the other day, by telling me that he had taken a great liking to S'' T. Robinson. That he was able, punctual, regular, and every thing that could be said of a man; and then, most graciously smihng, said, that was my Lord Chancellors doing and mine. To which, like a courtier, I replied, / thought it had been your Majesty's. No, it was the Chancellor's proposal, arid I said, that is the man I had thought of,"* Parhament was opened on Thursday, the 14th of No- * Hardwicke MSS., Wimpole. LORD KAMES and LORD HARDWICKE. 21 vember, by His Majesty. The speech from the throne was prepared by the Chancellor. The Duke of New castle, in a letter to Lord Hardwicke, a few days before, tells him, "the King was extreamly pleased with the speech, as much or more, I think, than I ever saw him. I am sure he was struck with the conclusion. This was the more remarkable, as His Majesty complained at first of the length of it and of his eyes. I will get it wrote over in a strong black hand." * In the speech in question. His Majesty alluded to the continuance of the peace, the late measure relating to the Highlands, and the commenced reduction of the national debt. He thus concluded : — " My Lords and Gentlemen, — It is unnecessary for me to use any arguments to press upon you unanimity and dispatch in your proceedings. I have had such ample experience of the fidelity, zeal, and good disposition of my parliaments, during the course of my reign, that I trust there is a mutual confidence established between us; the surest pledge of my own and my people's happiness." The draughts of the motion for an address in the House of Lords, in reply to the speech from the throne, and of the address itself, are entirely in the handwriting of Lord Chancellor Hardwicke. Lord Kames was very anxious that a greater assimila tion, than what already existed in some branches only, should be effected between the laws of Scotland and those of England, a power of alteration of the laws of Scotland having been reserved by the treaty of Union. With this view, having digested his ideas into the form * Hardwicke MSS., Wimpole. 22 LIFE OF LORD CHANCELLOR HARDWICKE. of separate short essays on certain branches of the law of Scotland, he was desirous of obtaining the opinion of the first judicial authority in England, on those sub jects which he deemed of mutual importance to the United Kingdoms. He sent his papers to the Earl of Hardwicke, who received them with warm approbation, and entered into the views of the writer with all that interest which displayed his enlarged and liberal mind, and addressed a letter to Lord Kames on the subject, which is printed in the Life of that distinguished author and judge.* Mr. Warburton published his " Divine Legation" to wards the end of the year 1754, and dedicated it to the Earl of Hardwicke. In the dedication he stated, " Your lordship having so far approved of the good intentions of my endeavours for above twenty years past, in the cause of religion, as to confer upon me a distinguished mark of your favour, I am proud to lay hold of the first pubhc opportunity which I have had, of desiring leave to make my most grateful acknowledgements." In a letter to his friend Mr. Hurd, dated 10th Dec, 1754, Mr. Warburton says, " Pray tell me what people say of the Dedication to the Chancellor. I ask it be cause one day it will afford subject for our speculations." A note to the above letter states that " the topics in it were suggested, and the very language in which they are expressed, was in a great measure dictated by Mr. Mur ray, and Mr. Charles Yorke." Parhament was prorogued in April, 1755, by a speech, which, as usual, was the composition of the Chancellor; and, as was also usual, the King immediately afterwards set out for Germany. Great apprehensions were at this time entertained for his safety, and it was feared that the * Vide Memoirs of Lord Kames, by Lord Woodhouselee. MARRIAGE OF CHARLES YORKE. ' 23 French might intercept him, either on his journey out, or on his return. In the House of Lords, a motion for an address to His Majesty, to prevent his going abroad, had been proposed by Earl Paulet, but it met with no sup port, Lord Chesterfield, according to Horace Walpole, in a letter to Mr. Bentley, " said the motion was improper, and moved to adjourn. T'other earl said, ' Then pray, my lords, what is to become of my motion?' The house burst out a laughing ; he divided it, but was single. He then advertised his papers as lost. Legge, in his punning style, said, ' My lord has had a stroke of an apoplexy ; he lost both his speech and motion ! ' " The Earl of Hardwicke was again appointed one of the Lords Justices for the government of the kingdom during His Majesty's absence. Some misgivings were entertained as to the unanimity and cordiality in co-ope ration which was likely to prevail between the members of the regency on this occasion, among whom were the Duke of Cumberland, Lord Granville, and Mr. Fox. The King arrived safely at his beloved Hanover, on the 2nd of May. The following allusion to Mr. Charles Yorke is con tained in one of Col. Yorke's letters to his sister, Lady Anson : — " I rejoyce that Charles is going to be married at last, & don't wonder he is in love, tho' I don't know the lady. If I had governed him for some years since, he sho*^ have been married sooner, & been less in love. I hope his contingencies won't fall in soon, for I shall be sadly dis appointed if he does not rise to where I intend he shall be, & I am afraid, if he is too much at his ease, that his ambition will cease to operate." * * Hardwicke MSS., Wimpole. 24 LIFE OF LORD CHANCELLOR HARDWICKE. From the congratulatory letters which the event called forth, it appears that the marriage in question was cele brated about the 20th of May, when he was united to Miss Catherine Freman, sister of the Reverend Dr. Fre- man, of Hamels. The following letter was addressed to Mr. C. Yorke by the " great commoner." " Dear Sir, — As I am going to-morrow to Sunning Wells, give me leave to assure you in a line, of what I cannot now have the honour to do in person, my sincere felicitations and best wishes for your happiness. May you find matrimony just what I have found it, the source of every comfort, and of every joy ! Beheve me, with perfect esteem and respect, dear sir, " Your faithful friend, " & most humble servant, "W. Pitt." " Pay Office, "May 21st, 1755."* During the month of July in this year. Lord Royston and Lady Grey went on a tour into Scotland. The for mer, in a letter to Lord Chancellor Hardwicke, dated the 22nd of July, sent him an account of an entertainment which was given to him at Edinburgh, by the Lord Pro vost, when the freedom of the city was conferred upon him, on which occasion honourable reference was made to the Earl of Hardwicke, in relation to Scotland .— "We were entertained on Saturday last at dinner, by the Lord Provost, who had asked the Lord President of the Session, the Justice Clerk, General Bland, & several of the Lords of the Session, & other gentlemen, all bur gesses of this city, to give us the meeting. When dinner * Hardwicke MSS., Wimpole. CITY OF EDINBURGH AND THE CHANCELLOR. 25 was over, his lordship rose from his chair, & in a set speech, presented me with the freedom of Edinburgh. As the motives which induced them to confer this hono rary distinction upon me are expressed in the paper itself, I have taken the liberty to enclose a copy of it. I thanked his lordship & the magistrates, in as short & proper terms as I could, for the honour they had done me, w"'' I took the greater satisfaction in, as it expressed their approba tion of the many salutary laws w"^ had been passed since the rebellion, for the good of this part of the United Kingdom." * The following is the paper referred to : — " Edinburgh, the eighteenth day of July, one thou sand seven hundred and fifty-five years. " The which day, the Right Honourable George Drum mond, Esq., Lord Provost of the city of Edinburgh, James Stuart, Robert Forrester, George Lind, and John Learmouth, Baillies of the said city, James Grant, Dean of Gild, & the Gild Council, did, & hereby doe, invest with the freedom of this city Philip Lord Royston, in testimony of their grateful sense of the many eminent services done to Great Britain, by the Right Hon^'" Philip Earl of Hardwicke, Lord Chancellor, & his lordship's particular attention to the improvement of this part of the United Kingdom. " Extracted forth of the records by me, Mr. Joseph Williamson, City Clerk, & the seal of the said city is hereto affixed. "Jos. Williamson." Mr. Fox, in a letter to Lord Hartington, dated June 2nd, 1755, says, " the Duke of Newcastle and the Lord * Hardwicke MSS., Wimpole. 26 LIFE OF LORD CHANCELLOR HARDWICKE. Chancellor are ill at Leicester House, and trying to be better, I believe at the Duke's expense, as yet without success. Of this, that is of the point on which they are wanting, and the means by which they are endeavouring reconcihation with the Princess, I am not sure; but that they are ill, and mean to be better, is certain."* The Duke of Newcastle, being apprehensive of serious opposition in England to the treaties with Hesse Cassel and Russia, which were entirely for the protection and benefit of His Majesty's Hanoverian dominions, was desirous of inducing the most formidable of his anta gonists to approve them. Notwithstanding the failure of former negotiations, the Duke authorized Mr. Charles Yorke to confer with Mr. Pitt. When Mr. Yorke had opened the busi ness of his commission, and began to make a tender of the Duke's sincere friendship and unlimited confidence, he was at once stopped by Mr. Pitt, who said that as to friendship and confidence, there was none between them ; if any had ever existed they were now at an end ; it was loss of time to talk in that strain; he would neither take nor hold anything as a favour from his Grace. If the Duke was really in earnest, why did he not state his proposal? Namely, what was the work to be done? Who were the gentlemen proposed to do it ? and how were they to act ? When he was informed upon these three points, and had consulted his friends, he should be able to give an answer. The declarations of Mr. Pitt were not those of one to be overcome by subtilty and refinement, yet they did not deter the Duke of Newcastle from continuing the attempt. He therefore requested Lord Chancellor Hardwicke to hold a conference with Mr. Pitt. Frora * Lord Waldegrave's Memoirs. EARL OF HARDWICKE AND MR. PITT. 27 the wisdom of the negotiator, says Mr. Thackeray, he certainly had reason to anticipate success in the nego tiation. The following were the Chancellor's statements in the conference which took place. That he trusted Mr. Pitt would lend his cordial assist ance to the ministry ; that the King, he owned, enter tained prejudices against him (Mr. Pitt) ; that steps had been taken to remove these prejudices before the King went abroad, and had since been the subject of a corres pondence ; that their endeavours, upon this point, had not been so successful as they wished; that the King was much attached to his present secretaries of state. Lord Holderness and Sir Thomas Robinson, but that if, by any accident, a vacancy should occur, they would, upon Mr. Pitt's cordial promise of assistance, endeavour to obtain for him the seals which he so much desired. Mr. Pitt answered that he must begin with his lord ship's last words — the seals which he so much desired — desired of whom ? he did not remember that he had ever applied to Lord Hardwicke for them ; he was certain he never had to the Duke of Newcastle. He assured the Chancellor that if they could prevail upon the King to give him the seals under his present dislike, the only use he would make of them would be to lay them at His Majesty's feet ; that till the King desired it, and thought it necessary to his service, he never would accept therii. He knew the King had lately said that he had obtruded himself into office : the Chancellor was aware that this was not the case, and if he (Mr. Pitt) were to ask a favour, it would be that His Majesty should be correctly informed upon that point. The Chancellor had said a great deal, but he wished to know from his lordship in what he was expected to assist? and what was the 28 LIFE OF LORD CHANCELLOR HARDWICKE. work? Here the Chancellor said, " to carry on the war in which they were engaged." Mr. Pitt said he had no hesitation in concurring with this, as the war was a national one. He thought also that a regard should be paid to Hanover, should it be attacked on our account ; — the Chancellor interrupted him by saying he was extremely pleased to find that they had agreed in their principles, and that they both thought Hanover should be defended. Mr. Pitt desired his lordship to observe the words he had used, " that a regard should be paid to Hanover";" not that we could find money to defend it by subsidies, which, if we could, was not the way to defend it. An open country was not to be defended against a neighbour who had 150,000 men, and an enemy who had 150,000 more to back them. Mr. Pitt afterwards remarked that as the King's honour would be pressed on account of the Hessian treaty, he would make an exception in favour of that, and would consult with his friends and see what could be done. To the Russian subsidy he never would consent, which would be only leading Hanover into a snare, and de ceiving and ruining ourselves. The Chancellor said he understood that the Commons had, during the last session, tacitly allowed that Han over must be defended ; and it was in consequence of such acquiescence that the treaties with Hesse and Russia had been undertaken. He acknowledged that subsidies should have their bounds, and that those which were coming before Parliament were not likely to be popular. When Mr. Pitt enforced the necessity of putting a total stop to them, and of leaving Hanover to the system and constitution of the empire, the Chancellor seemed to acquiesce, but said he (Mr. Pitt) must be sen sible that this was not the mode to succeed with the CHARLES YORKE AND MR. PITT. 29 King. The Chancellor was sohcitous that Mr. Pitt should once more see the Duke of Newcastle, and discuss these affairs with him. Mr. Pitt said that if the Duke sent to desire to speak with him, he should wait on his Grace, but not otherwise. On the 2nd of September another interview between the Duke of Newcastle and Mr. Pitt took place, at the de sire of the former, when the before-mentioned topics were again debated. These conferences terminated without effect, and negotiations were opened in other quarters, which ended in Mr. Fox's becoming Secretary of State.* The following letter from Mr. Charles Yorke to Lord Chancellor Hardwicke, which was written on the 7th of July, relates to his interview with Mr. Pitt, on the occa sion in question. " Monday morning, -^ " My Lord, — Mr. Pitt came from your Lordship to me last night, & staid till between 11 & 12 o'clock. I took occasion, from the imperfect hints & intimations which I had picked up (by chance) of Mr. Walpole's negotiation, to lead him into conversation ; but he talked in such a complaining manner of the D. of N., that I did not venture to propose the meeting, (especially as the suggestion was to come from myself, without authority,)' till your lordship had judged on the effect of what he said. In this, if I have been guilty of any error, it is on the safe side ; & can be attended only with the inconvenience of a little delay, till another conversa tion can be had, with some person fit to conduct a thing of this sort. On the other hand, if I had proposed, & your Ip. & the D. of N. should have judged on the result of what fell from him that no good was to be expected » Thackeray's History of the Earl of Chatham. t Hardwicke MSS., Wimpole. 30 LIFE OF LORD CHANCELLOR HARDWICKE. from your joint treaty, or that it was very doubtful whether he wou'' give any answer but a negative, it must have been thought that I had gone too far. I will not trouble you with the detail till you rise to go to dinner. The principal thing upon w'='' the whole seemed to rest was this, — that, in talking with Mr. W., he had at least waived the thing impossible, viz. to be at once made Secretary of State ; but had desired a pledge of security, which might be the beginning of confidence ; it was, that the D. of N. shou'' take occasion, before the King went, to speak to His Majesty of the state of the H. of Commons : to speak of Mr. Pitt, as his Grace's friend, &, in the present necessity of the King's service, the proper person to be trusted with the debate of it : to remove ill impressions by talking over the gi'ounds of them with the King : that the D. of N. should likewise interest Lady Y. for him ; that this beginning in his favour might have been followed by her managem*, during the summer, at Hanover. This, he said, had been absolutely refiised. That at present it was impos sible for him to trust any other proposition than this : ' Sir, here is the plan of the King's affairs, this is the station [meaning the Secretary of State] in which you will be enabled to support them, these are your friends, who will join & act with you.' " I am, my lord, with the greatest respect, " Your most dutiful son, " C. Yorke." Lord Hardwicke's own particular account of his nego tiation with Mr. Pitt, is contained in a letter fi-om the Chancellor to the Duke of Newcastle, dated " Powis House, Aug* 9* 1755." "I now come to the great affair of Mr. Pitt, who chancellor's ACCOUNT OF HIS CONFERENCE. 31 call'd upon me at noon, & staid an hour & half. He began by saying that he came out of Buckinghamshire directly to town last night, & y' Lady Hester turned off upon y^ road to Sunning Hill. That he called upon me in consequence of Mr. Fury's having acquainted him that your Grace wished he would see me. From hence I conjecture that he had received a letter from Fury, either before his setting out, or upon the road, that brought him directly to London. I soon entered into matters with him, & referred to the unlucky steps of last winter, professing not to enter into expostulations which seldom did good. I then told him how sincerely we had laboured for him, & particularly how long your Grace had done so, till he had put it out of our power by his own con duct. That time & temper had softened the resentments occasioned by it, & I hoped the impressions of ancient friendship would arrive. I then shewed him fully the impossibility of your Grace's doing any thing with y^ King upon his last proposal to Mr. Walpole just before Flis Majesty went to Hanover, in the humour which then existed to the last. But I took advantage from thence to infer that he himself was considered impracticable to be put into possession, or have an absolute promise of y" secretary's office, & therefore it was necessary to resort to some other scheme to satisfy him. I then shewed him in a proper manner how we had jointly laboured in his cause, — that I thought we had gained a good deal of ground, & that we were authorized to talk to him; & then stated to him the proposition just as it is, & w'^'' 1 need not repeat, nor the reasoning with which I fol lowed it. " He began with making professions, which were handsome & modest, & expressed great regard for your Grace & me. Avowed the inaccuracy of his expressions. 32 LIFE OF LORD CHANCELLOR HARDWICKE. which had been only construed into an offensive sense ; disclaimed any thought of forcing himself into y« secre tary's office ; was not so weak as to think it was to be done presently, nor did he wish it done with* the King's own inclination to it ; & added remarkably enough y* in y'^ present circumstances he did not think y* employment a despicable pillow to sleep upon. That the being assured of the King's gracious reception & countenance, as a public mark of favour & confidence, was what he laid more weight upon as to y^ present part, than any change of office. This your Grace knows, I allways thought would be most pressed to be explained, & I made it as strong as our powers warrant. He added y* it must also be extended to his friends, by w'^'' I suppose he chiefly meant my Lord Temple. He then went to y^ condi tions ; — that he should take a clear, active, 8^ cordial part in support ofy^ King's measures in y^ House of Commons, That in order to this, he must be informed what these measures were. I told him y^wo** certainly be done, & I know of none to be concealed. 'Twas all open & above board ; y*^ support of y« maritime & American war, in w"'' we were going to be engaged, & y^ defence of y^ King's German dominions, if attacked on ace* of the Enghsh cause. " The maritime & American war, he came roundly into, tho' very orderly, & allowed the principle & obhga tion of honour, & justice, as to y'^ other; but argued strongly as to y« practicability of it. That subsidiary treaties would not go down ; the nation could not hear them. That they were a connection & chain, & would end in a general plan for y^ Continent, which the country would not possibly support. That the maritime & American war, he was sure, would cost six milhons a year, besides the increase of y« nat' debt ; & he supposed PITT ON HANOVER AND NATIONAL DEBT. 33 more troops must be raised for ye defence of this island. That by this alone you wo'' increase y^ debt two milhons p' ann., & an addition of a million more could not be supported. That, above all, he could never give his con sent to y" mortgaging or fiinding upon y^ sinking fund, but whether in place or out of place was bound in con science to oppose it. That if any misfortune sho'' happen to Hanover, (which nobody co'' deprecate more than he did,) it could only be made y^ quarters of French or Prussian troops for a season ; & there was no danger of y^ King's finally losing it ; & he thought England ought never to make peace with* a full acknowledgment to y" King on y* ace*. That he was for treating y'^ King's German dominions with y^ same support & regard as a foreign dominion belonging to the Crown of Great Britain so situated, sho'' in prudence be treated ; & he had rather give the King five millions by way of compensa tion at ye end of y" war, than undertake y^ defence of it by subsidies. I endeavoured to show him y'^ absurdity of trusting to this back-game ; how impracticable it w'' make all business here ; & supported the necessity of measures of preservation. I then stated to him all I knew or believed of subsidies ; y^ Hessian & y^ Russian, with ye reasons of them, & did not know or suppose any intention to go fiirther. He made some objections to y" former, & also to y"= great expence of y^ latter, if ye re quisition she' be made ; but I think, upon the whole, will not adhere to his objections ags' them. But he asked, very observably, what do others of y^ King's servants think of subsidiary treaties, the Chancellor of the Exchequer, Mr. Fox, S"" Geo. Lee, & L'' Egmont? If he was wiUing, he could not stand alone in support of these. I made him no other answer but that I had had no opportunity of knowing their particular opinions upon VOL. III. D 34 LIFE OF LORD CHANCELLOR HARDWICKE. this point, but co'' not doubt of their supporting the King's measures. [I will add here, y*, in a subsequent part of ye conversation, he told me y* in a little time he was to go & spend a week at Mr. Legge's.] On this part of y^ affair there was much reasoning on both sides; but at last he said he must know the sentiments of his fi-iends ; y* if his own inchnation sho'' be to support y' defence of Hanover this way, (which he was far from saying it w^,) yet he must have y"' concurrence of his friends ; to w"'' I only s'' that I would not suffer myself to doubt but his opinion w'' have y" chief influence with his friends. It now grew late, & he was just going to Sunning Hill, & s'' he w'' take what I had so kindly opened to him into serious consideration. I told him I was going out of town to-day, for as long as I could ; y* he saw by me, your Grace's disposition, & I saw his with regard to your Grace personally, why sh'' not he wait upon you ? He said, with all his heart, & if you would let him have an hint y* you wo'' see him, either in y^ country or in town, he would be at your service. Thus we parted ; & if your Grace approves of this, you may convey y" hint to him by y^ same canal of Mr. Fury. " He said nothing by way of approbation or disappro bation of y" being called to y" Cabinet Council ; & upon y" whole my opinion is y* he will close with, or at least not appear to dislike y*" proposition; so far as it regards himself personally. That he will still go on to make difficulties upon measures. These may be real difficul ties, or they may be made use of colourably to raise the terms for himself, as being the more honourable shape to turn it in. Your Grace will best judge whether you talk with him. His manner was easy & frank, & I think pleased with the overture." * * Hardwicke MSS., Wimpole. CHANCELLOR S DONATION TO DR. LELAND. 35 "On the dismissal of Pitt, & the promotion of Fox," says Mr. Thackeray, " the Duke of Cumberland being struck with the manhness of Pitt's behaviour, observed to Fox, ' I don't know him, but by what you tell me, Pitt is what is scarce, — he is a man.' When asked by Lord Hardwicke, ' Could you bear to act under Fox ?' Pitt replied, ' Leave out under, my lord ; it will never be a word between us ; Mr. Fox & I shall never quarrel." * The following letter was addressed to Lord Chancellor Hardwicke, by Dr. Leland, the author of " Deistical Writers," and to whom the Chancellor had sent a dona tion of £50, in token of approbation of his book. This fact bears testimony at once to his lordship's liberality, and his zeal for the interests of religion : — " My Lord, — I have received by the hands of the Rev^ Mr. Samuel Chandler, a bUl for fifty pounds English, which he has informed me your lordship has been pleased to send as a token of your approbation of my endeavours to serve the Christian cause. It gives me the highest satisfaction, that my honestly intended labours have had the approbation of a person signally eminent for his great knowledge & judgement, as well as for the dignity of his station. Among many discouragements on the side of religion, it must give a real pleasure to its sincere friends, when persons of the highest rank, & of the most distinguished abihties, & whose great merit is universally acknowledged & admired, countenance it by their pro fessions & their practice, & show a just concern for its sacred interests. I desire your lordship to accept my most unfeigned acknowledgements for this generous instance of your lordship's regard, & for the favourable notice you have condescended to take of me ; & I join * Thackeray's Life of Lord Chatham. D 2 36 LIFE OF LORD CHANCELLOR HARDWICKE. with all true well wishers to the public prosperity, in earnest prayers to God that your very valuable life may be long preserved for the service & honour of His Majesty, & to be a blessing & ornament to your country. I am, with the profoundest esteem & gratitude, " My Lord, " Your lordship's most obliged, most obedient, " & most faithful humble servant, " John Leland." "Dublin, May 6th, 1755."* By a letter which the Lord Chancellor wrote to Lord Royston, from Powis House, on the 12th of August, we obtain some information on public matters, & also re specting his own plans and movements, and those of the family at this time : — " We are here longing for the King. Would to God he was in England. He has not wanted proper hints from hence for that purpose, that he may not stay 'tiU his road is blocked up. " Your mother & I propose to set out for Wimple to-morrow morning. How long I shaU be suffered to stay, I don't pretend to guess, but fear I shall be very moveable. We shall take with us our pretty companion. Lady BeU, who is very jolly, & pretends to please herself with the thoughts of going to Wimple. She & I were examining her picture to-day, & I com mended the goodness & quietness of that little girl, upon which she replied,— ^wif she turns in her left foot, which is true; so jealous is she lest the shadow should be thought better than the substance. She presents much duty, & asks blessing. Charies & new aunt intend to spend a few days at Dr. Freman's, & from thence to come * Hardwicke MSS., Wimpole. alarming condition of affairs. 37 on to Wimple next Tuesday. Jack & Jem got to Bristol hot-well last Friday. We shall long for the time when you & Lady Grey will find in your hearts to leave the Highlands & revisit the humble vallies of Cambridgeshire, that the congress may be full, tho' I fear I shall be but an itinerant minister of it." * The Chancellor, in part of this letter, expresses great uneasiness at the state of foreign affairs, and of those in America, which France was supposed to be trying to un settle, while " they falsely accuse us of breach of faith, to excuse their own conduct." He also says that at this time, "the councils of France seem much embai-rassed, & have been dilatory. 'Tis said, that a thundering de claration of war is prepared ; but they pretend to wait for news from America, from Mo"^ Bois la Motte God send a good issue to all these things. The oldest man living never saw such a scene, wherein Great Bri tain is alone, & propria marte to cope with France. 'Tis a time of great thoughtfulness & anxiety." The Duke of Newcastle commenced a letter to the Lord Chancellor about this period, in the following lan guage :— " I never sat down to write to y' lordship, with more melancholy apprehensions for the publick, than at pre-- sent. I see nothing but confusion, & it is beyond me to point out a remedy." f Archbishop Herring stated, in one of his epistles to Lord Hardwicke, that, owing to the disaff'ection in the country, and other causes, he feared we were in a more critical condition than even during the rebellion of 1745. A confidential letter, of very great length, was written by the ChanceUor to the Duke of Newcastle, fromWim- • Hardwicke MSS., Wimpole. t Ibid. 38 life of lord chancellor hardwicke. pole, on the 4th of September, in which he alluded to the failure of the negotiations with Mr. Pitt, which had been lately renewed, and the necessity of obtaining a mi nisterial leader in the House of Commons. The subject of the Duke's retirement from office altogether was here discussed, in which case his Grace had proposed to advise the King to put Mr. Fox at the head of the Treasury. From such a step, however, the Chancellor dissuaded him, tho' he says, "as to retiring, I am ready to take my part;" but he thought the nation would look upon this as deserting the King at a time of great publick difficulty and distress ; and it, perhaps, might be called another resigna tion, byway of force upon the King, to take in Mr. Pitt.' Lord Royston, in a letter to the Chancellor, dated September the 18th, mentions the following: — " There is an account in town, of L'' Chief Baron Idle's death, in a letter from his lady, & the report goes, that he has left his estate to one of my brothers. I hope your lordship will put a good man in his place."* The appointment in question was offered to Henley> which, however, from some family reasons, he declined in a letter to Mr. C. Yorke. The following letter from Archbishop Herring to Lord ''Chancellor Hardwicke, contains an interesting narrative, in his Grace's characteristic style, of a visit that had been paid to him by the Princess Dowager, and the young Prince George of Wales : — " My Dear Lord,! — I have had some royal visitors to-day, & am desirous to acquaint y'' L^ & Lady Hard- wick with the morning's transaction. I waited about ten days agoe upon her R. H. at Kew, & she was so gra cious as to say, she w"* breakfast with me at Croydon * Hardwicke MSS., Wimpole, t Ibid. a royal breakfast party. 39 some morning, & yesterday sent me word by L'' Walde- grave, that she wou'' come to-day. She came between eleven and twelve, accompanied by the Prince of Wales, Prince Edward, Lady Augusta, Lady Elizabeth, L'' Wal- degrave. Lady Howe, & Lady Charlotte Edwin. They were escorted (if I say right) thro' the court by a com pany of the Buffs, & the regiment were drawn up in the town, w*"^ all the officers attending, so that all military honours were paid them. I met the Pss. at her coach door, & conducted her by her hand up to the apartment. She staid a little in the drawing-room, & then moved to the coffee & tea in the gallery, w*"^ w"'^ the table was partly furnished, but a desert of the best fi-uit I cou'' get together compleated the figure, such as it was. She was so gracious as to order us to sit, but nobody had an elbow chair but the Prince of Wales & the Pss. They eat a good breakfast, & I was glad of that. After some little pause, H. R. H. desired to walk round the garden, & we took the opportunity of a guilded moment. She then return'd to the house, & received the compli ments of Col. Howard & the officers. I reconducted her to her coach in my very best manner. I sent a gentle man to Kew w*'' two livery servants to wait on her hither & back again. So I hope I was not much out in cere monials, &, if I was, I believe, she will excuse an ecclesi- astick. I had consulted my friend L'' North upon the occasion, & to-morrow morn shall pursue y'' P' directions to pay a morning compliment at Kew. Your P will consider this as a dull article in a newspaper, fro' " My Dear Lord, ' ¦ Ever y""^, " Tho. Cantuar." " Croydon House, "Sept. 4, 17.5.'')." 40 life of lord chancellor hardwicke. In one of his letters to his friend the Chancellor, written soon after this. Archbishop Herring tells him that he finds his health & strength now fast failing him, & his constitution breaking, so that he must retire altogether from public life : — " It is now a real pain to me to walk a few yards, tho' I confine myself to the slow pace of the tortoise in the garden To your lordship, & all my friends, in private, I shall be the same ; that is, always receiving such chearful sensations from my correspondence w*'' them, as may be supposed to arise in the breast of a most affectionate friend."* His Majesty returned to England in September. The Archbishop of Canterbury says, in a letter to the Lord Chancellor, dated October 3rd. " I was at Court last Tuesday, when I thought the King looked grave & absent, tho' well in health I pray God bless the King. I see no safety for us but in making him our centre, vn"^ Her R. H. the P'' gave me occasion to observe to her the other day at Kew, & at the same time to say that I was sure H. R. H. wished the King length of dales, as it was too soon, if it pleased God, for a change. In that she declared herself of my mind, w*'' some energy, of expression, "f In a letter from the Duke of Newcastle to the Lord Chancellor, written on the 4th of October, it is stated :— " The King continues in as good humour as possible, & talks as you & I could wish The King told me yesterday ' / am glad A, has wrote Wall word, that Fox is to be subordinate to you; I told Fox that the minis- * Hardwicke MSS., Wimpole. f Ibid. arrangements for meeting of parliament. 41 ters had brought him in ; that if he did not behave well, [or to that purpose,) they ivould quarrel ivith hij?i, ^ so should I too,' Fox is not popular, of which I gave H. M. some strong instances, from my Lord C. J. Ryder, & from S"^ Joshua Vanneck, particularly as to the city."* The Duke of Newcastle tells the Lord ChanceUor, in a letter written on the 12th of October : — " I am sorry to say that clouds are rising from every quarter, &, without a comphment, nothing but your steady friendship & most solid judgment in everything, & upon points the most delicate & the most difficult, wo'' enable me to support in any tolerable degree the difficulties & discouragements which are flung in our way, from both friend & foe. The worst of all are the apprehensions which the King & all of us must be under of an attempt from France, when I am afraid we are not sufficiently prepared for it. " The King seemed much alarmed on Fryday at the accounts from Mr. Barham at Dover ; Lord Anson seemed to give little credit to them, but I understand from Mr. Cleveland, that they are since partly confirmed by Admiral Smith, "f The Duke also informed the Chancellor that the Princess of Wales had taken umbrage at the appoint ment of Mr. Fox, with whom she had had a strong dis agreement at the time of the introduction of the Regency Bill, which threw additional difficulties in the way of the ministry. Parliament was appointed to meet on the 13th of November. Lord ChanceUor Hardwicke having re turned to London, wrote to Lord Royston on the 30th of October, and in his letter mentioned as follows : — « Hardwicke MSS., Wimpole. t Ibid. 42 life of lord chancellor hardwicke. " It has been hinted to me by more than one of our friends, that they wish you would move the address the first day of the session, for which they alledge sev' rea sons not necessary to trouble you with. I have said nothing in the least to engage you, but, on the contrary, have dechned it on your part, as far as one man can do for another. Therefore the affair is entirely open, & you are at full liberty to send me such answer as you think fit. I will only say that it is an important time, & there fore it should be moved by somebody of figure, & belong^ to ourselves. The subject is full of matter, which, in some respects makes it less difficult to speak upon. There will be one advantage also in your case, that, if there should be an opposition the first day (which is at present doubtful), the chief leaders of that opposition would certainly treat you with respect. When you were mentioned, I proposed your friend old Horace,* to whom the King has promised his long wished for prize, & who is in perfect good humour & approves everything. I believe he will be tried ; but if he should dechne it on account of his standing in the House, you would be sure of all the assistance he can give you, & you know you may depend upon mine. That you may fiiUy know the theme, I send you inclosed the draughts of the speech, & the motion for the House of Lords. That for the House of Commons will, mutatis mutandis, be exactly in the same sense. These draughts are now settled, saving one immaterial query, and another which depends on the event of y-^ arrival of the Russian treaty before the opening of the session. "f Lord Royston replied to the Lord ChanceUor, stating * Mr. Horace Walpole, who was afterwards created Lord Walpole of Wolterton. t Hardwicke MSS., Wimpole. advice about moving commons' address. 43 with great modesty and propriety his opinion of his own insufficiency to undertake so critical a task, but consenting to accept the proposal in case the per sons intended should decline it. The letter which fol lows was written to him by Lord Chancellor Hardwicke on the same topic. " Tour Dressing Boom in St, James's Square, "Nov 6"», 1755.* " Dear Royston, — I take the liberty to make use of your room, between Westm'' Hall & dining with Sir Tho. Robinson, to dispatch some parliamentary business. I employ a few minutes of that time to thank you for your kind letter of the 2''* instant. You took the pro position I sent you just as you ought, & as I cou'' wish. Whether it is quite over or not, I cannot yet tell ; but I find that the answer I gave was taken as a negative. Old Horace is come to town in excellent health & spirits, & fiiU of zeal to support. I have had a long conference to mutual satisfaction. But he rather chooses to decline so youthful a part as moving the address, & I find some people of weight think it will expose him to jokes, and that it will be said he is earning his peerage. Lord Hillsborough, who is willing to correct the ill symptoms of the last winter, has been thought of, and I fancy will accept it. If so, I shall be glad of it, as well as you, for reasons which shall be mentioned when I see you. At the same time, I don't know but they may resort back to you, &, if you shou'' be pressed by your friends, I wou'' not have you decline it finally. For this reason, as you have the theme before you, I beg you will meditate upon it & endeavour to make yourself master of the sub ject. If you shou'' not use it just now, you may during * Hardwicke MSS., "Wimpole. 44 life of lord chancellor' hardwicke. the course of the session. The draught of the speech stands the same, tho' I don't know but two or three periods may be transposed. But that is verborum ordo, & won't change the sense. The motion stands just as you have it. " Your mother joins with me in most affectionate complim' to Lady Marchioness & yourself, & our love & blessing to the dear little giri. May we see you aU in town on Saturday evening in perfect health, & without any inconvenience. " I am, dear Royston, " Most affectionately yours, " Hardwicke." The Parliament met, as proposed, on the 13th of November, and was opened by the King in person. An analytical account of a portion of the debate on the address, and of the arguments contained in it, n the handwriting of Lord Chancellor Hardwicke, as taken down at the time, is still preserved, and is among the Hardwicke MSS. at Wimpole ; but as the matters men tioned in it are not of interest now, and as other sam ples of his lordship's skill in this style have been given, it is not inserted here. Mr. Fox wrote to Mr. Charles Yorke on the 10th of November, " For fear I should not have an opportunity of speaking to you in private at my house to-morrow evening, let me here beg of you to speak in the debate. Believe me I am not singular in thinking it of great con sequence that you should."* On the 10th of December a very vehement debate took place in the House of Lords, of which there is also an account among Lord Hardwicke's notes. It arose on a * Hardwicke MSS., Wimpole. debate on foreign treaties. 45 motion for a vote of censure on the treaties with Russia and Hesse Cassel, on the ground that neither of these treaties had been seen ; nor could it be supposed, it was urged, that either of them were for the advantage of this nation. Earl Temple opened the debate. He could perceive no probability of a war on the continent of Europe. The balance of power was in no danger; and neither the Russians nor the Hessians could serve as alhes. He hoped never to see the Hessians in this island again. This alliance was very expensive and quite unnecessary. By these two treaties we appeared to be seeking an op portunity for kindling a war on the continent, by giving the French a pretence for attacking Hanover. By the Act of Settlement, this nation is not to be engaged in any war for the support of the foreign dominions of any sovereign. Lord Chesterfield opposed the motion. Lord Halifax declared that it was solely on account of Hanover that these treaties were entered into. If it were not for Hanover we should have no occasion for allies on the continent, which were now purchased at great ex pense. We had been long infatuated with the love of foreign treaties. These treaties would lead to the general supposition on the continent that this country was en gaged on all occasions to protect Hanover. The King of Prussia was pointed at by these treaties ; and many other alhances must necessarily follow in consequence of them. Lord Chancellor Hardwicke spoke next. The general utility, and necessity of foreign alliances for this country, are contended for by him, and the advantages resulting to the nation from hiring foreign troops, instead of engaging our own countrymen in warlike expeditions. 46 LIFE OF LORD CHANCELLOR HARDWICKE. The true constitutional doctrine, as regards the autho rity of the Crown to make treaties, is also explicitly set forth. He thus commenced his address : — " My Lords, — from the general tenor of the arguments made use of in favour of this motion, one must conclude that this nation ought never to have any alliances, nor enter into any treaties of alliance or guarantee with any one of the powers upon the continent of Europe; which would be a very new and a very strange sort of maxim, and a maxim in consistent with the practice as well as the sentiments of our ancestors, through all former periods of our history. In my opinion, my lords, it would be ibsolutely inconsistent with the safety as well as the interest of this kingdom ; and I am the more inclined to be of this opinion, as I find it was the opinion of the great Earl of Clarendon, in the reign of Charles the II."— From whose " Apology, " Lord Hardwicke proceeded to quote ; after which he thus continued : — " I shall always be for taking foreign troops into our pay upon such occasions, rather than for the increasing the number of our own, because such an augmentation would take a great number of our hands away from useful labour or manufacture, and when peace is restored, and the new raised troops disbanded, it leaves a new load upon the nation, by an additional number of officers upon half-pay, and an addi tional number of pensioners upon Chelsea CoUege." If we had no connection with Hanover, these treaties, he contended, would be necessary to prevent its falhng into the hands of our enemies ; and we should have to support it as an ally. Hanover was a topic often resorted to, to excite jealousy and discontent ; these treaties would promote tranquillity, both as regarded England and Hanover. " And lastly, my lords, as to the objection made, as if these treaties were inconsistent with our constitution, because, it is said, they ought not to have been made without the previous consent of parhament ; this is, I confess, quite a new sort of doctrine to me ; for I always thought, that, by our constitution, the King has the sole power of making chancellor's SPEECH ON FOREIGN ALLIANCES, ETC. 47 treaties of every kind, provided there is nothing in them contrary to the standing laws of the kingdom. But of late years some great poli ticians amongst us have been very apt to form Utopian schemes, and then declare them to be parts of our constitution, though they never existed anywhere but in their chimerical heads, and this I take to be the case with respect to the pretence now set up ; for the King is not obliged by our constitution to ask either the consent or approbation of parliament to any treaty he makes, nor even to communicate it to par liament, unless it requires a grant, or an act of parliament ; and even then he is obliged to communicate the treaty only when he applies for the grant or act thereby required." * After some further discussion, the motion for a vote of censure was negatived by 84 to 11. The document which follows contains an analysis, made by himself, of Lord Hardwicke's speech, lately extracted from. Though probably not very attractive in its appear ance to the general reader, — to whom perhaps it may seem more fitted to grace an appendix, or form the substance of a bulky note, than to be introduced into the body of the work, as is here done, — it will, on close examination by the student, or by those who are ambitious of oratorical distinction, be regarded with more than ordinary interest, serving as this and other similar productions of its kind, from the same mind, already given, do, in a remarkable and striking manner, to exhibit the method adopted by Lord Hardwicke, in preparing himself for an effort of an important nature in a rhetorical contest. As the skeleton and sinews of an animal frame, though di vested of the beauty and grace of the living being, con duce most correctly to display the wondrous mechanism and structure by which it was distinguished, — so these ingenious skeletons of the speeches of the great man before us, though bereft of the eloquence which adorned the finished oration, serve most perfectly to develope * Hansard's Pari. Hist. 48 LIFE OF LORD CHANCELLOR HARDWICKE. the working of his mind when employed in their com position,, and the process which he on these occasions pursued; and thus form very valuable studies both for the political and the professional aspirant. " Introductory observations. " Foreigners if present must be surprised. "No false colours needful to support— only to wash off false colours thrown upon it to sully it. " All the objections reducible to two general heads — " Legal — Political. " 1st. Legal. " Restrictive clause in the Act of Settlement. " State it. " 1st. A previous objection. " No subsidiary treaty at all to be made without the previous appro bation of Parliament. " This depends on the general rules of the constitution — " Mere imagination, — fertility of genius. " 2nd. Strictly on the Act of Settlement. "No such subsidiary treaty in which the King's German dominions may be included to be made without the previous approbation of Par liament. " Construction of the clause of restriction. " Practice upon it ever since the late King's accession. "Treaties of guaranty. — General defensive alliances. " Treaty of Hanover, 1725. — Hessian treaty of 1740. " Russian treaty of 1741, almost in the same words with that of 1742. "Times of making these two last treaties. " Times of laying them before Parliament. "Acts done by the administration in execution of these treaties. "Times of those acts. " Nobody then thought of suggesting it to be a breach of the Act of Settlement. " Reserved for the sagacity, the penetration of these times. "2nd. Objections. — Political. "These treaties were considered in three lights. "1st. A measure to kindle— to invite — a general war upon the continent. " 2nd. A measure singly for the defence of the German dominions. " 3rd. A preventive measure. SKELETON OF LORD HARDWICKe's SPEECH. 49 "1st. The 1st light. " No colour for it. " Made against no power — offensive to no power. " A great price often and freely mentioned. " Sorry for it— groundless, imprudent. " He has made no representation against it. " It has been explained to him in its true light — in the most amicable, confidential manner. " Communicated to his minister. " A treaty of defence against whatsoever power shall be the aggressor against the King, or any of his allies. " Qui capit ille facit, " Whoever shall attack, becomes subject to this diversion, if the King thinks fit to make the requisition. " France. Sweden. " The party who makes the requisition, and who is to pay the sub sidy, has the right to fix the place of the diversion. " Some of the dominions of Sweden almost as much within the vicinity as those of Prussia. " Sweden the most liable to the seduction of France — has ships of war. — This a most convenient check. " The King of Prussia a great and most respectable power — a prince of great parts and penetration. — Not governed by passions of affection, or resentment, but by his interest judged of by his prudence. — Apt to cast his eyes about all quarters. " Would he like to give occasion to a French army to march into the empire on the one side, and a Russian army on the other ? " 2nd light. — A measure singly for the defence of Hanover. " That is one object, — not the sole one. " 1st. Defence of His Majesty's kingdoms. "2nd. Defence of his German dominions. " 3rd. Of his alUes. " It is even not for the defence of the German dominions at all, unless attacked on account of a British interest — a British cause. — To be restrained in the very terms of the article. — The most cautious limited article that ever was penned. "3rd light. — A preventive measure. "This was said to be the most delusive pretence of all. " 'Twas necessary to give harsh epithets to this way of stating it, because it is the true light, and the most justifiable one of all. VOL. III. E 50 LIFE OF LORD CHANCELLOR HARDWICKE. "A rule in controversy to do so. "A great minister, who is dead;— much lamented; saw it in this light — in prospect -of an American war approaching. "Would you not, if possible, prevent a general war upon the continent? " Is that most likely to be done by being totally unprovided, only having a certain strength there ? " Declared to offend nobody, to defend against anybody. " This question answers itself. "This treaty takes its rise naturally out of the treaty of 1742— is built upon it. " State how this stands. "In the treaty, 1742, the Casus Foederis is defined in the 4th article. "Gerraan dominions plainly included in it, kingdoms, provinces, states, and possessions quelconques, " The same description as in the treaty of Hanover. "Can any man doubt whether the German dominions were com prised in that ? " The treaty of 1 742 differs from other defensive alhances in the 7th article. " State this. " No article for totis viribus, — This new treaty takes its rise out of the 7th article. "But when it came to a subsidy of 56500,000 per ann. for 55,000 men, the King would not use words even to entitle himself to make such a requisition for Hanover, unless attacked on account of a British interest. " This operates as a restriction. "The most cautious, most gracious provision — no partiality, for Hanover prevailed here. " But 1 will go no farther. Suppose for a moment that there sbould break out a war on the continent. " This may happen whether you will or not. " No man of sense or integrity will maintain that you are, by your present circumstances, absolved from your defensive alliances. " How then will you perform them, when called upon ? Can you send your national troops? No, these troops and the Hessians must be your resort. " No man of sense or integrity will say that you can quite separate yourselves from the continent. A commercial kingdom must have connexions there. ANALYSIS OF ARGUMENTS ON EACH SIDE. 51 " Objections. " Objection 1st. These troops to act by way of diversion only. " Answer. That diversion may be in Sweden — in the Netherlands — gainst any power who shall join in the war against you — iu the country of any Prince, who may join with France in attacking Hanover. " Objection 2nd. The 7th article of this treaty speaks of the ap- ''¦oximity of the country, wherein the diversion may be made. " Answer. Only says probably — does not fix it to be there. " Objection. Russia will, if in any remote place, require subsistence for these troops. " Answer. Will have no right to it. What may be done by way of douceur is another question. " Objection 3rd. 12th article big with another subsidy, for passage through the territories of Poland. " Answer. Nothing like it. It is probable that Poland will refuse the passage to a Russian army ? Look on their situation — their circum stances — the influence of Russia there ; — asked no subsidy, nor made any difficulty of it in 1747. " Suppose, for a moment, should be refiised. They may be brought by sea — embarked at Riga, in Livonia— landed at Lubeck — at Rial, the capital of the Duke of Holstein. He is great Prince of Russia — could he refuse a Russian army ? At Stade, in the King's own dominions. " Have now gone through — "Will not attempt to speak to your passions — will appeal to your unbiassed judgments. What is there criminal — what is there impolitic in this treaty ? Where is the ground — I should have said the shadow of pretence — for the strong epithets, the uncommon language ? " Will not retort that. — Saying of one of the most able writers, Mr. Chillingworth : (Passionate expressions and vehement assertions are no arguments, unless it be of the weakness of the cause that is defended by them, or of the man that defends it.) " As true a dilemma as ever was stated. Here it cannot be ' of the men ' that defend it. — I know their abilities — only the other branch of the dilemma left — ' the cause that is defended, &c.' " But, for God's sake, from whence proceeds all that unprovoked, unprecedented invective ? Have ministers in an instant changed their shapes —their natures ? " One month panegyrized into angels — the next transformed into monsters. " This is not in the nature of things ; nor in the nature of measures — E 2 52 LIFE OF LORD CHANCELLOR HARDWICKE. must proceed from some secret latent cause, which I will not pretend to explain. " The present administration. " Are there not amongst them persons whose breasts glow with as much love for their country ; — are as popular in it ; — have as great a stake in the hedge of it ; — as free from the least suspicion of corrup tion ; — from seeking to profit by the distresses of their country, as any that were ever known in this kingdom ? " But I go further. — How void of colour, of shadow is the impotent menace thrown out — the calling upon the judicial capacity of Parlia ment ? " The thunder of your lordships' justice is a tremendous thing — not wantonly to be played with. " Cannot people please themselves vrith courting power, unless it comes armed with vindictive judicial inflictions ? " Puts me in mind of what I have read somewhere — I am not sure whether in my Lord Bacon or not — 'Tis in one of the moralizers upon the Heathen Mythology. — He draws a moral out of the known fable of Jupiter and Semeie. 'Tis this : " ' Whoever courts power, armed with the thunder of vindictive inflic tions, it is ten to one but he is the first to suffer by it himself.' " * Lord Chesterfield, in a letter to Mr. DryroUes, dated Dec. 19, 1755, gives the foUowing excellent character of the Parliament which was now assembled : — " The House of Commons sits three or four times a week till nine or ten o'clock at night, and sometimes till four or five in the morning. So attentive are they to the good of their dear country, that zeal has of late transported them into much personal abuse. Even our insigni ficant house sat one day last week till past ten at night, upon the Russian and Hessian subsidiary treaties ; but I was not able to sit it out, and left it at seven, more than half dead ; for I took into my head to speak upon them for near an hour, which fatigue, together with the heat of the house, very near annihilated me." It is mentioned in Dr. Maty's Memoirs of Lord Ches terfield, that on this occasion, when he spoke warmly, though without preparation, " he shone as usual, & did not seem to have lost any of his former vigour ; but this * Hardwicke MSS., Wimpole ; Hansard's Pari. Hist. Pitt's speech on foreign treaties. 53 exertion fatigued him so much that he was obliged to be carried home immediately after, & never again appeared as a speaker in the house." In the House of Commons, the treaties were warmly debated, but on a division ministers had a majority of 289 against 121. The following is Mr. Charles Yorke's ac count of Mr. Pitt's speech on this question, as contained in a letter to Lord Chancellor Hardwicke, written on the 13th of December : — " Mr. Pitt spoke in a much lower tone last night, com plained he was not well; made apology for invectives; becivihzed the majority of the house, & particularly the profession of the law ; said he wo'' always speak of mi nisters with freedom in Parliament, as they deserved ; complained of Hanover influence for 30 years ; that the ministers had indulged the prejudices of the closet ; Sir R. Walpole was the English minister who withstood them, but when he was gone, the isthmus was cut, & let in an inundation of subsidies, & German measures, to the ruin of this country."* Another letter, characteristic of the Duke's impetuous temper, and also at the same time of his great respect and regard for Lord Hardwicke, was addressed by him to the Chancellor, on the 1 7th of December, which is here extracted, though the matter to which the following pas sage alludes cannot now be detailed : — " Allow me to say, my dear lord, that I never was so much hurt, as with your reproach yester day, which I declare I did not deserve. Your P is ex treamly mistaken, & that all the world knows, if you can imagine that I value any man a hundredth part so much * Hardwicke MSS., Wimpole. 54 LIFE OF LORD CHANCELLOR HARDWICKE. as I do you, or that I would prefer any one's recommen dations to yours. Your recommendations are always orders to me, & I never did, or will dispute them, when your lordship insists upon them."* The people of Great Britain were at this time shocked by the tidings of a most dreadful earthquake, which on the first of November had been felt all through Spain and Portugal, and many other parts of Europe, and had laid the city of Lisbon entirely in ruins, burying with them upwards of 100,000 persons. The King of England, on receiving an account of this deplorable event from our ambassador at Madrid, immediately sent a message to both Houses of Parliament, desiring their concurrence and assistance towards relieving the unhappy sufferers. A sum of £100,000 was unanimously voted accordingly, for the relief of the distressed people of Portugal. Mr. Warburton, in a letter to Mr. Hurd, says : — " The relation of the captain of a vessel to the Admiralty, as Mr. Yorke told me the story, has something very striking in it. He lay off Lisbon on this fatal first of November, preparing to hoist sail for Eng land. He looked towards the city in the morning, which gave the pro mise of a fine day, and saw that proud metropohs rise above the waves, flourishing in wealth and plenty, and founded on a rock that promised a poet's eternity, at least, to its grandeur. He looked an hour after, and saw the city involved in flames, and sinking in thunder. A sight more awful, mortal eyes could not behold on this side the day of doom." f During the course of the year 1755, Lord ChanceUor Hardwicke's old friend, the Lord ChanceUor of Ireland, wrote to him to sohcit his interest to obtain his promo tion to a viscountcy, which Lord Chesterfield, when Lord Lieutenant of Ireland, had offered to recommend. In November of this year, Lord Newport was, accordingly, created Viscount Jocelyn. The Earl of Hardwicke » Hardwicke MSS., Wimpole. f Bishop Warburton's Correspondence. LORD CHANCELLOR JOCELYN AND LORD HARDWICKE. 55 addressed him on this occasion, congratulating him on the event : — "Powis House, Nov. 18th, 1755.* " My Dear Lord, — I lay hold of the very first oppor tunity to offer your lordship my most cordial congra tulations on the new mark which you have just received of the royal favour. It is no more than what your at tachment to, & long labours in His Majesty's service have justly entitled y' lordship to, & your friends here have most sincerely wished & promoted for you. " Your late Lord Lieutenant did, to my knowledge, very earnestly begin it ; & your present Lord Lieutenant did readily pursue it. They both did me the honour to consult me upon it, & I, with the greatest pleasure, con curred with them ; tho' it was so much your due, & the King was so graciously disposed towards your lords^, that I claim no merit in y' success. May your lordship & your family long enjoy it, with increase of honour & advantage." f Lord Chancellor Jocelyn tells Lord Hardwicke, in his reply,— " I beg leave to acknowledge, with the highest grati tude, your lordship's powerful good offices with His Majesty on my behalf. As pleasing as this new mark of royal approbation is to me, I receive it with far the greater satisfaction, that your lordship has had the good ness to contribute so much to procure it, there being no honour which I can hand down to my family, that I set an higher value upon, than that of being allowed a share in your lordship's friendship, which will no less dignify my memory, than it has made my Ufe prosperous and happy." t * Hardwicke MSS., Wimpole. t Ibid. X Ibid. 56 LIFE OF LORD CHANCELLOR HARDWICKE. Considerable alarm was, at the commencement of the year 1756, again excited throughout the nation respecting a projected invasion of this country by the French, reference to which has afready been made in some of the Duke of Newcastle's correspondence. To such a height, indeed, had this terror reached, that both Houses of Parliament agreed to a joint address to the King, beseeching his Majesty that he would be graciously pleased to order a body of his Hanoverian forces to be brought over to be in readiness to assist in the defence of his British dominions. The 1st of April was, somewhat injudiciously, chosen as the day for making so novel and unlooked-for an application. Indeed, in or dinary times, the invasion which appeared most to be dreaded by His Majesty's attached subjects in England was the arrival here of His Majesty's Hanoverian troops. The reply of the King to the above address, the draught of which is in the handwriting of Lord ChanceUor Hard wicke, was as follows : — " I am allways glad to do any thing that is agreeable to my Parliament ; & as both houses desire that a body of my German troops should be brought over hither, to assist in the defence of this kingdom, in the present criti cal conjuncture, I wUl give immediate orders for that purpose."* An appaUing account of a French fleet, which was seen cruising down the Channel, in terrible array, was shortly afterwards sent to the ministry; but the phantom ap pears soon to have vanished, as the Chancellor's coiTe- spondents make no further allusion to this disquieting topic. It was proposed, however, that a militia should be at * Hardwicke MSS., Wimpole. chancellor's SPEECH ON MILITIA BILL. 57 once established iivthe country ; in which all able-bodied persons should Be made liable to serve for a certain period, and thus Old England might be rendered safe from foreign invasion on the one hand, and independent of Hanoverian military aid, — which appeared to be scarcely less dreaded, — on the other. A bill for this pur pose was therefore introduced into the House of Com mons, where, from the feeling in the country already referred to, it passed without any serious opposition, and was afterwards sent up to the Lords. On the 24th of May, the third reading of the measure took place in the House of Peers, after which there was a long discussion on the question that the bill do pass. Earl Stanhope opened the debate, and supported the proposal, but was opposed by Earl GranvUle. The Duke of Bedford spoke strongly in favour of the bill, and was replied to by Lord Chancellor Hardwicke. It was ultimately rejected, by 59 against 23. The arguments made use of on this occasion with respect to the particular question in debate, are of less interest than the general matter and reasoning contained in Lord Hardwicke's speech. His observations on the evil of the multiplicity of our laws, and the loose man ner in which they are framed, are even more applicable to the present time, than they were to that at which they were spoken. The remark, too, as to the deficiency in our jurisprudential system, arising sometimes from the want of proper enactments, and sometimes only from want of execution of those which exist, and the distinc tion to be observed between the two cases, is well worthy of reflection at this day. Probably, however, the division of duties which the Chancellor allots to the two houses of parliament, might not be quite in unison with the opinions of the lower house now, who would feel con- 58 LIFE OF LORD CHANCELLOR HARDWICKE. siderably shghted in being deemed the mere consenters to the measures fi-amed by the wisdom of the other branch of the legislature. The inconvenience arising fi-om the mode of making laws which he complained of, has doubtless much increased since Lord Hardwicke's time. He afterwards applies the principles which he had laid down with respect to legislation, to the case before the house. The superior importance of moral effects to parliamen tary enactments, which he here inculcates, of training and ordering the habits and feelings of a people, — a notion which Burke afterwards expatiated upon and extended, — is well deserving of attention. The evil of the mul tiplication of oaths which, since Lord Hardwicke's day, under the system he complained of, grew so intoler able as to have been remedied, is here forcibly exposed. As a whole this speech, from which a few only of his observations are here selected, is deserving of deep attention by every lawyer and every statesman. " My Lords, — We have it from the highest authority, that, in the multitude of counsellors there is safety ; but we, in this nation, may from experience say, that in the multitude of legislators there is con fusion ; for our statute books are increased to such an enormous size, that they confound every man who is obliged to look into them ; and this is plainly owing to a great change which has by degrees crept into our constitution. In old times, almost all the laws which were designed to be public acts, and to continue as the standing laws of this kingdom, were first moved for, drawn up, and passed in this house, where we have the learned Judges always attending, and ready to give us their advice and assistance. From their knowledge and experience, they must be allowed to be best able to tell whether any grievance com plained of proceeds from a non-execution of the laws in being, and whether it be of such a nature as may be redressed by a new law. In the former case, a new law must be always unnecessary, and in the latter it must be ridiculous ; and wljien by the opinion and advice of the Judges, we find that neither of the^e is the case, we have their assist- LORD hardwicke's PRINCIPLES OF LEGISLATION. 59 ance, whereby we are enabled to draw up a new law in such a manner as to render it effectual and easy to be understood. This is the true reason why, in former times, we had but very few laws passed in parlia ment, and very seldom, if ever, a posterior law for explaining and amend ing a former. " My lords, by this new method of law making, the business of the two houses seems to be so much altered, that I really think the writs of summons ought to be altered ; those for the other house ought now to be ' ad consulendum,' and those to the members of this, ' ad consen- tiendum.' But this is far from being the only inconvenience ; the other house, by their being so numerous, and by their being destitute of the advice and assistance of the Judges, are too apt to pass laws which are either unnecessary or ridiculous ; and almost every law they pass stands in need of some new law for explaining and amending it ; and we in this house, either through complaisance, or through want of time, are but too apt to give our consent, often without any amendment. By this means it is that our statute books have of late years increased to such an enormous size, that no lawyer, not even one of the longest and most extensive practice, can pretend to be master of all the statutes that relate to any one case that comes before him ; and this evil goes on in creasing so much every year that it is high time for this house to begin to put a stop to it, by resolving not to pass any bill for introducing a new and standing law that comes from the other house, imless it comes up so early in the session as to leave us sufiicient time to take the advice and assistance of the Judges upon it, and to consider every clause of it maturely ; and in every such case we ought to consider whether a new law be necessary for the purpose intended ; for no new law ought ever to be made unless it appears to be absolutely necessary, as a multitude of useless laws is one of the greatest plagues a people can be exposed to; in the next place, we ought to consider whether the inconvenience or grievance intended to be removed be of such a nature as to admit of being cured by any human law ; for if it be not, we render ourselves ridiculous by the attempt; in the third place, we ought to consider whether, by endeavouring to remove the grievance or misfortune then complained of, we may probably introduce a much greater; and in the fourth place, we ought to examine very strictly whether the law be conceived in such terms as may be effectual for the end intended, and the several clauses so clearly expressed as can admit of no doubt. " My lords, this bill likewise labours under the same inconvenience that most of our late new laws labour under, by which I mean that of 60 LIFE OF LORD CHANCELLOR HARDWICKE. multiplying excessively, and in most cases needlessly, the number of oaths. We have already rendered oaths so frequent, that even perjury itself is, I fear, become famUiar to many of the vulgar, and this bill will add greatly to the misfortune. I can see no reason why any man should be obliged to swear to his qualification, as he is to be fined if he acts without being duly qualified ; and in many cases an oath is to be administered where it is quite ridiculous to require any such solemnity. A mUitia man cannot by this bill be punished for being absent, for being drunk, for giving the lie to his serjeant, or for any other little peccadillo, vrithout a solemn oath before a justice of the peace. But, my lords, it would be endless to take notice of all the errors, oversights, and imper fections of this bill ; therefore I shall add no more, but conclude with declaring, that, in the light I view it at present, I cannot give my con sent to its being passed into a law." * Lord Chancellor Hardwicke also expressed his strong objection to a clause in the bill, which enacted that the militia should be exercised on Sundays, after divine ser vice, declaring his opinion, that if such a law was estab lished there would be, notwithstanding the injunction to go to church, a constant fair and scene of jollity in the several parishes where these exercises were kept, and that the very semblance of religion would soon be abolished in this country. Sir Dudley Ryder, Lord Chief Justice of England, died in the month of June, quite unexpectedly, and while a patent was in course of preparation for elevating him to the peerage, by the title of Baron Harrowby ; an honour which was subsequently conferred on his son. Lord Waldegrave says of the Chief Justice, that he was an honest man and a good lawyer, but not considerable in any other capacity. The foUowing is Horace Walpole's account of the ap pointment of his successor, where again his hatred to Lord Hardwicke is made manifest. " The great office of Chief Justice being vacant by the death of Sir * Hansard's Pari. Hist. DEATH OF LORD CHIEF JUSTICE RYDER. 61 Dudley Rider, Murray demanded it, without a competitor, because above competition ; and agreeably to his constant asseverations, that he meaned to rise by his profession, not by the House of Commons ; though the jealousy of his aspiring in the latter had signally contri buted to throw Pitt into his then opposition. As Murray was equally the buckler of Newcastle against his ally. Fox, and his antagonist, Pitt, —one may conceive how a nature so apt to despond from conscious insufficience, was alarmed at this event. No words can paint the dis tress it occasioned more strongly than what Charles Townshend said to Murray himself, on the report of his intended promotion. ' I wish you joy,' said he, ' or rather myself, for you will ruin the Duke of Newcastle by quitting the House of Commons, and the Chancellor by going into the House of Lords.' "* The letter which follows was addressed by Mr. Murray to Lord ChanceUor Hardwicke, on the off'er of the Chief Justiceship being made to him. "26th June, 1756.t " My Lord, — I don't know whether the way in which I chose to express myself last night, when I said I had always considered the peerage & Ch. J. as going together, sufficiently conveyed that without the one I wished to decline all pretensions to the other. " Upon reflexion, as I have no hesitation, & never thought otherwise, I think it the most decent way to speak to be understood ; for it wou'd grieve me ex treamly to have the King twice troubled in any respect on my account. No possible event can alter my anxiety for his ease or service. " I beg once more to give vent to the sentiments of my heart by saying, that the sense of my obligations to your Id^ will be as conspicuous as my friendship to the Duke of Newcastle, which can only end with the life of " Y"' L'" most obliged, & obd' humble serv', " W. Murray.'' * Memoirs. f Hardwicke MSS., Wimpole 62 LIFE OF LORD CHANCELLOR HARDWICKE. The Duke of Newcastle was greatly perplexed with the present state of affairs ; and the removal of Mr. Murray from the House of Commons, it was obvious, must be ruinous to the ministry. The most extravagant offers are said to have been made to the Attorney- General to induce him to continue in his office, though on what authority these statements were originally put forth, I have been unable to ascertain ; and there is no allusion to any such offers among the papers of Lord Hardwicke, who would surely on such an occasion have been consulted. In a letter written to the Lord Chancellor on the 27th of June, his Grace speaks of his " present most distressed situation." After alluding to the Chan cellor's friendship for him, the Duke proceeds : — " There is only one further mark of it, which you have yet left untried, & that is, to endeavour to make the King easy, in my retiring from a situation where I can have neither ease, quiet, satisfaction, nor success I shall wait the event of your conference about the Att.. General. I must wish it success, & shaU do my part in it on Tuesday." * The Duke of Newcastle wrote again to the Lord Chan cellor, on the 28tli of June ; and after mentioning the death of his sister, which had just occurred, he went on to state, — " Your lordship wiU see that I shaU be necessarily prevented from paying my duty to the King for some days, & consequently from joining to-morrow with your lordship in recommending the Attorney-General to His Majesty's favour, to succeed my Lord Ch. Justice Ryder, & to be created a peer. I must therefore beg, that you * Hardwicke MSS,, Wimpole. MURRAY MADE CHIEF JUSTICE AND A PEER. 63 would add my most humble request upon this occasion to your own. Was I singly to consult my own wishes, or perhaps my own interest, your lordship knows what my thoughts are ; but when I consider that the present question is, whether Mr. Attorney- General shall remain in the House of Commons, out of the King's ser-vice, or be Ch. Justice, & a peer, I own I think the first would be attended with great inconveniencies to the King's ser vice, & I should hope that His Majesty would be gra ciously pleased to grant his request, in consideration of the zeal & abihty, which he has shewed for a considerable number of years, in the employments with which His Majesty has honoured him." * The Attorney-General had declared, that if his demands were not acceded to, he would no longer remain an officer of the Crown in the House of Commons. The letter which follows is from the Duke of New castle to the Attorney-General, wherein his Grace re lates the substance of a conversation he had had with the King on the subject of the peerage, with which the pro motion to the Chief Justiceship was to be accompanied : — " Kensington, July 2nd, 1756.f " Dear Sir, — The King ask'd, whether I had seen Murray. I said, yes. 'WeU, what says he?' 'Extremely sensible. Sir, of your Majesty's great goodness to him, but wishes not to accept the one without the other.' 'Why ! must I be forced ? / will not make him a Peer 'till next session,' 'Sir, all that Mr. Murray desires is, that they may be defer 'd. I apprehend it would be difficult, tho' perhaps possible, to make the Chief Justice this term.' ' I know, that may be delay'd ; or it is not neces sary to do it now;' — and here ended the discourse. I • Hardwicke MSS., Wimpole. t Ibid. 64 LIFE OF LORD CHANCELLOR HARDWICKE. hope I have done right, — I am sure I intended it ; — but it is my misfortune to be distrusted by those from whom I never did deserve it. " I am, Dear Sir, " Ever yours, " HoLLES Newcastle." "Mr. Atty-General." Eventually, however, though not until some months had elapsed, the King's reluctance to advance Mr. Murray at once to the peerage was overcome, and he was accord ingly, on the 25th of October, promoted to the Chief Justiceship of England, and created a Peer of the United Kingdom, by the title of Baron Mansfield. The day before his elevation, he addressed the following letter to Lord Chancellor Hardwicke, who had written to him to inform him of the good news of the King's consent being obtained to bestow upon him these weU-merited honours. "Sunday Night, 24th Oct,, 1756.* " My Lord,- — I am just come to town, & found y' P' letter. It is impossible to say how much I feel y"" P* great goodness & attention to me, throughout this whole affair. The business of my life, at all times, & on all occasions, shall be to show the gratitude with which I have the honour to be, " Y"- L-'P' most obliged, " & obed* hum. serv*, "W. Murray." During August the ChanceUor had, as usual, retired to Wimpole, for the vacation. A letter was written by him from thence, on the 26th of that month, to Lord Royston, in which allusion is made to some disorder * Hardwicke MSS., Wimpole. chancellor's promotion OF DR. tucker. 65 under which this young nobleman was then labouring, and which occasioned Lord Hardwicke considerable anxiety : — " Every turn in this case, as every thing that nearly concerns you, has a great effect upon my mind ; & such frequent changes & delays of cure, are trials of patience, & require a reliance on that good Providence, which go verns all things." * Mr. Charles Yorke had the misfortune to lose his only daughter, during the autumn of this year, on which occa sion the Lord Chancellor wrote to him an affectionate letter of condolence, from Wimpole, where he was then staying, and which serves to exhibit Lord Hardwicke's character in a domestic point. He tells him, — "We sincerely condole with you on the loss of the dear little girl, which was a surprize to us, notwithstand ing your intelligence by yesterday's post. It becomes us to submit with resignation to the providence of God in such circumstances, in the manner you very rightly state it. He is able, &, if he sees it fit for us, will make it up to us fourfold. It was my misfortune to lose my first child something earlier, f Thanks to the Divine goodness, it has been abundantly made up to me, & so I hope this loss will be to you." j In September the Lord Chancellor bestowed upon Dr. Tucker a prebend at Bristol, on which a warm letter of thanks was written by that gentleman to Lord Hard wicke, in return for this promotion. The letter which follows was addressed to Lord Chan cellor Hardwicke, by his nephew, Mr. Jones, who filled * Hardwicke MSS., Wimpole. t His first daughter was here meant, who was a victim to the small pox during her infancy. Vide ante, chap. II., p. 117. X Hardwicke MSS,, Wimpole. VOL. III. F 66 LIFE OF LORD CHANCELLOR HARDWICKE. the office of secretary to the Duke of Newcastle. It relates to a message of a conciliatory nature, which it was at this time proposed, that His Majesty should be induced, if possible, to send to His Royal Highness the Prince of Wales, but about the precise wording of which some difference of opinion existed. "St, Albans St,, October 2d, 1756, " at Night.* " My Lord, — I have the honor to send this mes senger to your lordship, by my Lord Duke of Newcastle's order, to acquaint you that Mr. Stone was with his Grace this morning ; and suggested the leaving out the words in the intended message to the Prince of Wales, which your lordship will find mark'd in the 2^ & 3*^ fines of the 2'^ page (viz*. — and of support to his government,) Mr. Stone's reason for this is, that tho' the King might be suppos'd to entertain a doubt of the Prince's duty & gratitude ; yet, he thinks he could not, without lowering himself too much, express an apprehension of his Royal Highness not supporting his governnmit ; and besides that, the requiring such an assurance from a Prince so young, might not only be letting His Majesty down too far, but even be liable to some ridicule, " I had my Lord Duke's directions to wait upon my Lord President, & to ask his opinion upon this point. His lordship declar'd himself very strongly, for leaving out the words in question ; and added repeatedly, that, if they made a part of the message, they would certainly be understood to mean the support of His Majesty's ministers, " My Lord President then observ'd upon the words underlin'd in the first page: — viz. And the only one * Hardwicke MSS., Wimpole. KING AND PRINCE OF WALES. 67 which His Royal Highness makes with regard to his establishment. " His lordship said that these words, if left in, might be consider'd as intended to pin down the Prince, in a manner which might prove offensive, from making any other requests of the same kind. And my lord added, that he was not quite sure whether such an assertion might be thought to be literally true ; as he had heard of Lord Euston, & some others, having been nam'd by His Royal Highness, as persons whom he should like to have in his family. "The Duke of Newcastle, (who went to Claremont this day at noon) is not yet inform'd of my Lord Pre sident's objection to the last mentioned words; but his Grace will, I am sure, be very glad to know your lord ship's sentiments upon that, as well as upon the objec tion made originally by Mr. Stone, & concur'd in by my Lord President, to the words, and of support to his government, by the return of the messenger on Monday morning, before he sees the King. As to these last words ; in case it should be indiflferent to His Majesty, whether they shall stand, or be struck out ; my Lord Duke would beg the favour of knowing particularly whether your lordship would be willing that they should be omitted. I must entreat the favour to have the mes sage sent back. " I hope your lordship had a good journey to Wimpole, & found my Lady Hardwicke well there ; to whom I beg leave to offer my most humble duty. " I am, with the greatest respect, gratitude, & attach ment, " My lord, " Your lordship's most dutifiil, & most ob* serv*, " Hugh Valence Jones. "To the Lord Chancellor." F 2 68 LIFE OF LORD CHANCELLOR HARDWICKE. Lord ChanceUor Hardwicke replied to Mr. Jones's letter in the following terms : — "Wimple, Oct, 3rd, 1756. "Sunday,* "Dear Cosin, — I return by your messenger the in closed message, &, as my Lord President concurs with Mr. Stone in the opinion that thevfoids— and of support to his government — shou*^ be left out, I readily agree to it, & desire they may be so. The meaning of them is to require, & insist on, the concurrence in, & support of His Majesty's measures, & not directly of his ministers, tho' that might be included in them. But, if it is appre hended that those words will strike any body immediately & originally in that light, & that an ill use may be made of such a construction, it is a reason for leaving them out. Besides, in a fair & reasonable construction, the preced ing words — returns of duty and gratitude to the King, do include all we mean by the words objected to. " As to the other words to which my Lord President alone has objected, I allways had my doubts about them, for the very reason which my Lord President mentions, viz., that they might seem intended to pin down the Prince from making any other request with regard to his establishment. They are certainly justified by being the very words of His R. H.'s letter to the King; & yet the fact, which Lord Granville mentions, of his having also in a manner ask'd my Lord Euston & Mr. Onslow, is true. I therefore, upon consideration, think they had better be omitted ; & my opinion in general is that, in such a paper, any words not necessary in themselves, to which any friend of consequence has an objection, which he lays weight upon, had better be omitted. * Hardwicke MSS., Wimpole. resignation of MR. FOX. 69 " Pray present my best complim^ to the Duke of Newcastle, & lay this letter before his Grace as my thoughts. " I am, dear cosin, " Your's affectionately, " Hardwicke. " I found Lady Hardwicke very well. She joins with the rest of us in our complim*^ to you, &c." On the 13th of October, Mr. Fox wrote to the Duke of Newcastle, intimating his intention to resign office. He said^ — ¦ " The step I am going to take, is not only neces sary, but innocent. It shall be accompanied with no complaint ; it shall be foUowed by no resentment. I have no resentment, but it is not the less true that my situation is impracticable." * Mr. Fox, accordingly, on the same day, drew out a paper, which was dehvered to the King, who desired the Duke of Newcastle to preserve it. Mr. Fox stated in this document, — after alluding to a conversation that he had had with Lord Barrington, who told him that the Duke of Newcastle had said that he should offer Mr. Fox's place to Mr. Pitt, if he was sure it would not offend Mr. Fox : — " Tho' I have behaved in the best manner I have been able to the Duke of Newcastle, yet I find that my credit in the House of Commons diminishes for want of sup port, 8^ think it impracticable for me to carry on His Majesty's affairs, as they ought to be carried on. And therefore beg leave humbly to acquaint His Majesty that I wish some new an-angement to be made ; in w*^"", if His * Hardwicke MSS., Wimpole. 70 LIFE OF LORD CHANCELLOR HARDWICKE. Majesty thinks me worthy of any employment, not of the cabinet, I wiU attend & give aU the assistance I can in Parliament."* He intimated also that he supposed his place would be offered to Mr. Pitt, which he hoped was in negotiation. The words in itaUcs were scored under by the King. The Duke of Newcastle immediately wrote to the Chancellor, who was stiU at Wimpole, informing him of what had taken place. Lord Hardwicke's reply to this letter is as follows : — " Wimple, Oct. uth, 1756. " Thursday morning, f " My Dear Lord,— At my rising this morning at 7 o'clock, I was surprised with your Grace's letter of yes terday evening, & the copy of Mr. Fox's enclosed in it. I agree with your Grace that his real view in the step w"^ he is going to take, (as he calls it,) is — ^to make use of this opportunity of distress to get his own terms & all the power he wants. If the King would take him at his word, & come roundly into a resolution to take in Mr. Pitt, &c., (for one can't desire the other particu lars,) I think he would be disappointed, & repent this hasty measure. But Mr. Fox depends upon it that this will not happen ; and it is very remarkable that this pro position & quitting should come, & be to be executed thro' my Lady Y ,,\ the very day after she had told your Grace that you must do the best you could with Mr. Fox, for that you could not change him. These were her lady ship's words according to your Grace's letter of yesterday. If Mr. Fox has found reason to think that the King has been newly set, or set himself against taking in Mr. Pitt, he may think such an opportunity advantageous to bring * Hardwicke MSS., Wimpole. f Ibid, X Yarmouth. LORD HARDWICKE TO DUKE OF NEWCASTLE, 71 about his purposes. For, (tho' I may be mistaken,) I can never persuade myself that he wishes to quit, or that the D. of C* intends he should. "As to the grievances he complains of, they are mostly pretended, & none of them new except what he chuses to call the message by my Lord Barrington. The want of power in the House of Commons in the disposi tion of employments is, (as your Grace truly calls it,) the old story; & besides, I apprehend he has had his full share, & I have reason to believe this is the general opinion. As to Lord Barrington's discourse to him, I remember your Grace told me that Barrington intended to go, but I never heard what passed between them. I then wondered y* his lords? shd think Mr. Fox his friend ; & think it not impossible that, in order to ac credit himself, he might make more use of your name than he should have done, & talk of Mr. Pitt's coming in as more practicable than it was. This might make Mr. Fox apprehend the resolution might soon be taken, & therefore resolve to be beforehand. I should also con jecture that seeing a kind of reconciliation made with Leicester House, he may think that measure may have an effect upon the opposition to make them, in a little time, y^ more inclined to approach nearer to the admin istration; &, therefore, he may intend to bring on a difficulty before you are ripe for it, & chuse to appear to quit, rather than be dropt. It was for fear of operations of this sort, that I was so desirous that my Lord Pre sident sho'' make his visit immediately. ****** " Your Grace does me the honour to ask me what language you sh'* hold to the King ; and I will frankly tell your Grace what I think of that, upon what at * Duke of Cumberland, 72 LIFE OF LORD CHANCELLOR HARDWICKE. present appears to me. I submit it to you, whether you would not shew the King that Mr. Fox has no reason to take this part from any iU usage which he has re ceived, in the way you have stated it to me, which I take to be very true. That this time twelvemonth y* question was whether His Majesty should take in Mr. Fox or Mr. Pitt, and His Majesty very graciously shewed his predUec- tion for Mr. Fox, & preferred him. That this was very high distinction & obligation ; & now Mr. Fox chuses tliis very time, when y" King's affairs are under difficulties, & y^ Session of Parliament very near, to leave him. That, if he does so, it is Mr. Fox that lays His Majesty under the necessity of taking in Mr. Pitt, for that there is no third party to take. It must be either the one, or the other. " If the King sh"! say, But Pitt won't come, I would humbly advise your Grace not to give into y*, but, with' affirming any thing, to suppose it not impracticable. " But, before your Grace talks this language to the King, w*^ not you think it right to see Mr. Fox yourself, for you will be better able to judge by a personal conver sation, than by y® reports of others. ****** " As to Mr. Pitt, you know my thoughts, but I have no channel to him, nor have had any since September, 1755. I have heard y* there is or has been some corres pondence (I mean only a very fair civil one) kept up bet" Mr. Attorney General & Geo. GrenviUe ; if so, might not some trial be made to sound y* way ? " I am, &c. " Hardwicke." On the day on which the Duke of Newcastle received Lord Chancellor Hardwicke's letter, he replied to it in the following terms : — duke of NEWCASTLE AND THE KING. 73 " Kensington, Fryday, " Oct, Ibth, 1756, near four,* " My Dearest Lord, — The business is done, but we must strike whUst the iron is hot. My long letter was finished before I went to Court. I found the King in good humour. I began with the paper which I had seen. I shewed how insidious & indeed false it was in every part, the introduction, as if we had proposed or men tioned Pitt to him, & he always deferring to the King. In short, things press so, that I have not room to give you an account of the whole. What is to be done, my lord ? ' I (the King) knew a person of consequence, sense, and good intentions,' (which person I know to be my L'^ Hyde, & honest Munchausen told it the King this morning,) ' said that there were but three things, — to call in Pitt, — to make up with my own family, — & my lord, I have forgot the third. Pitt (says the per son) is a man, that when once he has taken a part, will go thro' with it steadily, & more ably than Fox.' That, S', says I, every body says. I then shewed the King a proper extract of y"" P' letter, w"^ had such an effect that His Majesty ordered me immediately, or gave me leave, to have Mr. Pitt sounded, whether he would come & support the King's affairs, & be secretary of state, but that was not to be named at first ; but what was more, that if he would, he should meet with or have a good re ception. These were the King's own words, & great use may be made of them, — they must make an im pression, " My Lord Granville, after I came out, carried in his paper ; I dare say did what he could to obtain a gracious answer. On the contrary, L*^ Granville told me that he found the King was so angry with Fox, that he had * Hardwicke MSS., Wimpole. 74 life of lord chancellor hardwicke. rather have any body than him. The King underlined the paper, in L'^ Granville's presence, to shew him what part he was offended at. The King told G, that he had done too much for Fox, enumerated all the places & graces which he had shewed him, (I put His Majesty au fait,) and then ordered my Lord G. to tell Fox that he was much offended at this step, & that he would have him appeal to his own conscience, whether he had done right in these circumstances. My L*^ G. told me he should carry the answer immediately, that he should not repeat the strong things w'^'' the King said, that he would do no hurt, that he would still endeavour to make him alter his mind, if it was only for one session. But this makes it absolutely necessary not to lose a moment in applying to Mr. Pitt. The great question that the King asked me, I own I could not answer. What shall we do if Pitt will not come ? Fox will then be worse. No, Sir, he can't be disobliged at it, for his paper is an advice to your Majesty to do it. The King talked w**" the greatest kindness of y"' P, agreed I should write to you, & consult w**" you. I told him I w*^ send for your P to be in town on Monday, & I do hope in this great crisis, which now depends, at least at present, entirely upon Pitt & us, that your P would be in town on Monday night. That the matter must be entameed before that. The King asked me. Suppose Pitt will not serve w*'' you? Then, S"", I must go. He said, most gra ciously & good humouredly, My lord, I know y' faults, but I know also y' integrity & zeal for me ; it wUl be the same ; but, my lord, you wiU not be able to do me the same service when you are not in the ministry. If, Sir, there is a concert between Fox & Pitt, they must make y"" administration. In short, he was in excessive good humour. PROPOSAL TO TAKE IN PITT. 75 " Lord Holdernesse went in after GranviUe. The King gave him the paper to give me, told him the parts he had marked, & why he had marked them, but said not one word of Pitt, He did to my L^ G., and said you would not like Pitt, w<=^ the other denied ; the King said, the way was to sound Pitt first, but did not say that he had agreed to it. My L"* Ho'^^ & I went together to Lady Yarmouth, whom we found quite altered, saying good things of Pitt, but there must not be one moment lost ; & indeed if we don't, as Munchausen advises, strike whilst the iron is hot, where shall we be ? If my Lord Granville persuades Fox to send him to the King, to let His Majesty know that since he is offended with the part Fox has taken, he will submit himself to the King, & stay as long as His Majesty shall think it for his service? Upon sounding it every way, both with HoP^^ & my Lady Y., she was of opinion with us, & she allows me to tell you, that it is our joint advice & desire, that your lordship would, immediately upon the receipt of this letter, write yourself to Mr. Pitt, to desire he would be in town on Monday, & that you would call upon him on Tuesday morning. This is now in y' F^^'^ power, don't boggle at it. You see the King wishes it. Lady Y. advises it, & if it is not done before L'^ G. returns to Court to-morrow, & the Duke sees the King on Sunday, nobody can tell whether it will ever be done at all, & then it will fail, purely from a scruple or nicety in yourself To encourage y"" P to take this necessary step, Holdernesse has this moment told me, that the lady told him that Mr. Pitt would come, there was a possibility things might go on well with the King, but w"^ the other never. I could say a vast many things upon this subject ; but all the answer I desire to Fox's letter & y° other one is, to have to meet you at 76 LIFE OF LORD CHANCELLOR HARDWICKE. Powis-house on Monday evening, & to let me know that the wishes of all y' friends are complied w*", & that you have wrote by this messenger to Mr. Pitt who is now in Kent, & goes to Bath in a day or two. " Ever y'^', " HoLLES Newcastle." Lord Hardwicke accordingly wrote immediately to Mr. Pitt the following letter. " Wimple, Oef. W\ 1756, " Saturday,* " Sir, — I ask much pardon for the liberty I am now taking, which nothing can excuse but the occasion. Being desirous to speak to you upon an affair of great consequence, I purpose to be in town on Monday night, & must beg the favour of you to give me the meeting some time on Tuesday next in the forenoon. " I hope this will not be inconvenient to you, & would propose to have the honour of seeing you at Lord Roy ston's house in St. James's-square, at such hour as you shall appoint. If any other place is more agreeable to you, it will be the same thing to me. " I sincerely congratulate you on y^ birth of your son, & hope my Lady Hester & he are both well. " I am, with great respect, " Sir, " Your most obed* & most humble serv*, " Hardwicke." The Chancellor went to London, as he intended, on Monday, the 18th of October, and on his arrival at Powis-house he received this reply from Mr. Pitt. * Hardwicke MSS., Wimpole. chancellor's CONFERENCE WITH MR. PITT. 77 " Hayes, October 17'*, 1756.* " My Lord, — No sort of apology can be necessary from your lordship, for giving me leave to wait on you, which I must always esteem a great honour. I will attend your lordship, as you propose, on Tuesday next, at St. James-square, at the hour of twelve in the fore noon. Give me leave to return your lordship my very humble thanks for the honour of your obliging con gratulation and attentions for Lady Hester and the child. They are both as well as possible for the time. I am, with the highest respect, " Your lordship's most obedient " And most humble servant, " W. Pitt." On the Chancellor's return to town, he also found a letter fi-om Mr. Fox, expressing his wish that the ne gotiation with Mr. Pitt might be carried out, and his own determination to retire, and inclosing him a copy of the before mentioned paper, which had been deUvered to the King. Lord Chancellor Hardwicke wrote a letter to Lord Royston, on the 21st of October, in which he narrated the particulars of his conference with Mr. Pitt, together with other events connected with the ministerial nego tiations, and expressed his own views on the subject. " Powis House, OctT 21, 1756.t " Dear Royston, — 'Tis a vulgar saying that walls have ears ; &, if they had tongues also, the walls of your dressing room would tell you a very long story. There was the scene between your friend Mr. Pitt & me last Tuesday in the forenoon, which I chose as the place freest from objection. The conference lasted full three • Hardwicke MSS,, Wimpole. t Ibid. 78 LIFE OF LORD CHANCELLOR HARDWICKE. hours and a half, to the astonishment, I fear, of M'' Saubere & John Godfrey ; who must, according to their bounden duty, have told you before now their suspicions of some terrible plot. But to confess the truth, — surely never was a more unsuccessful negotiator. We fought all the weapons thro', but his final answer was totally negative. He was very poUte, & full of professions to me, but the great obstacles are the D. of N. & measures ; & without a change of both, 'tis impossible for him to come. I made my report yesterday to the King, & after having made it three times over you may be sure I have no mind to write it. His Majesty was extremely gra cious to me, grave, but not much moved. Mr. Fox has not yet dehvered up the seals, but appears determined to do so ; & the King as much determined not to suffer him to keep them if he would. But I believe, in con sideration of y'' present circumstances. His Majesty wiU give him some other employment in his service, not in the cabinet council. He is much provoked at Mr. F. for the part he has taken, & more especially for the time he has chosen to act it in. But at present everything is in uncertainty, & nothing is settled. If you have not seen F.'s paper, I send it you inclosed. 'Tis the copy which he sent me himself, with a very civil letter, the moment I came to town. He took me yesterday into a corner, at Kensington, & told me his story & pretended grie vances. 'Twas all civility & complaisance to me, but that goes for nothing. The concurrent plan of both those gentlemen is to load the D. of N. They deny any concert, but I am convinced that I see symptoms of it. " The copy inclosed differs from the original sent to the King in the places marked, I mean in phrase only. Pray bring it up with you. MR. PITT AND LADY YARMOUTH. 79 " Pray make my most affectionate comphments to Lady March^ & Lady iVnson. I rejoice to hear of all your good healths, & in particular that you continue sound. I hope you have been able to take some kind of exercise. How can you all bear to loiter in the country, whilst the town is all in motion ? " Yours most affectionately, " H. " I left your mother & Jem well, & expect them here on Saturday. Lord Anson was very well last night. " Powis House, Oct, 21, 1756, " At night, " PS. — I must add to my letter of this day a pheno menon which appear'' at court at noon, & which I did not then know. Mr. Pitt sent this morning to my Lady Yarmouth to desire leave to wait upon her. He had that leave, & was with her a great while. Nobody knows what he has said to her, except that he has made vast professions to the King, & proposed to her lady ship some sort of plan ; but whether he has adhered to or receded fro' what he said to me she has not said, for she would say nothing till she had related it to the King. I understand he has flattered me black & blew, but, if that be all, it passes for nothing. He wiU come to the King's levee to-morrow, & I guess bring his suite along with him. You may imagine that this sets all the court at gaze. I hear that Fox makes no part of his plan, which looks a little like concert with Leicester House. What is most remarkable is, that he had never been with my Lady Yarmouth before in his life. You who have read so many negotiations, know that great & important treaties are seldom settled by the plenipoten tiaries, but at the court of one of the contracting powers. 80 LIFE OF LORD CHANCELLOR HARDWICKE. I think I have now told you news enough for one day. Adieu." On the 20th of October the Duke of Newcastle ad dressed the foUowing letter to the Lord ChanceUor :— " Newcastle House, Oct^ 20**, 1756.* " My Dearest Lord, — Tho' a consciousness of my own innocence, & an indifference as to my own situa tion, may, & I hope in God wiU, support me against all the wickedness & ingratitude which I meet with, yet your lordship cannot think that I am unmindful of or senseless to the great indignity put upon me by these two gentlemen. Next to my own innocence, my only consolation is the justice which the King does me, & therefore I hope that His Majesty will look upon this refusal of Mr. Pitt, & the reason he glories in it, in the same favourable light for me, that he has done Mr. Fox's quibblings, & his accusation of me. Tho' I don't in the least doubt your lordship's justice & prudence, allow me only to suggest to your lordship the necessity of making the King see that the whole is a concert between Mr. Pitt & Mr. Fox. The views & principles upon which they act the same, viz. to make them selves necessary, & masters of the King. That the accu sation of me is the most unjust, grounded upon false or rather no facts; that the only thing Mr. Pitt alledges against me is the conduct of the war, " It is above me to give any advice. The King must talk to his other servants, the President, the Duke of Grafton, & the D. of Devonshire. You will lay me in the humblest manner at the King's feet, with the highest sense of His Majesty's goodness to me, & with the * Hardwicke MSS., Wimpole. conference BETWEEN CHANCELLOR AND PITT. 81 utmost resignation to his royal will. But you will par ticularly assure His Majesty, that as I find my con tinuing in his service is made a reason for others to decline it, I shall with the same zeal, duty, & cheerful ness receive his commands to retire, & serve him as a private person, & ever zealous subject. That I have always endeavoured to do whilst I was in his service. " I am, my dearest lord, ever y"'°, " HoLLES Newcastle." The following indorsement, in the handwriting of Lord Chancellor Hardwicke, is written on this letter. The portion of the letter referred to, is that comprised in the last paragraph. " 20th Oct, 1756. After I had related to the K. the conference, which had passed betw. me & Mr. P. the day before, I read all that part of this letter which is scored to His Majesty literally & distinctly." The note which follows was appended to this letter by the second Lord Hardwicke. " N.B. There was no other concert between Pitt & Fox, than both uniting in a desire to get rid of the Duke of N — tie. The latter had certainly a desire to be connected with the former, who when he came in w** have nothing to do with him. The D. of Cumb'' was Fox's principal abettor & adviser. H." On the 24th of October, another conference took place between the ChanceUor & Mr. Pitt, of which a full account has been left by Lord Hardwicke. On this occasion his lordship informed Mr. Pitt of his having communicated to the King all that had taken place during the former interview ; but that His Majesty did not think that what had been suggested was either VOL. III. G 82 LIFE OF LORD CHANCELLOR HARDWICKE. for his or for the public service. This conference ended in Mr. Pitt declaring to Lord Hardwicke as narrated by the Chancellor : — " That he was surprized that it should be thought possible for him to come into an employment to serve with the D. of Newcastle, under whose administration the things he had so much blamed had happened, & against which the sense of the nation so strongly ap peared ; & I think he added, which administration could not possibly have lasted, if he had accepted. " In answer to that, I said some general things in the same sense with what I had mentioned on that head on Tuesday last. " He then rose up, & we parted with great personal civility on both sides."* The following is indorsed on the relation of the con ference. " Read to the King in his closet at Kensington, Tues day, October 26, 1756." The Duke of Newcastle now determined absolutely on resigning his place in the administration, and Lord Hardwicke also came to the resolution of giving up the great seal, and retiring altogether from official life. The letter which foUows, fi-om the Duke of Newcastle to the ChanceUor, aUudes to this subject, and presses on him the expediency of doing it without delay. "Newcastle House, Nov, 2nd, 1756,-f " My dearest, dearest Lord, — You know, you see, how cruelly I am treated, & indeed persecuted by all those who now surround the King ; the only comfort I have is in the continuance of your Lordship's most cor- * Hardwicke MSS,, Wimpole. f ibid. resignation of the DUKE OF NEWCASTLE. 83 dial friendship & good opinion. The great & honourable part which you are resolved to take will be my honor, glory, and security, & upon which I can & do singly rely. I despise testimonies from others, who, for their own sakes as well as mine I should desire not to give any of that kind at this time. But, my dearest Lord, it would hurt me extremely if yours should be long delayed. I submit the particular time entirely to you, grateful for it whenever it shall happen. I must have a treasury to-morrow, & another on Saturday for the despatch of necessary business ; & I propose to quit on Monday, for quit before the next day I must & will." On the llth of November the Duke of Newcastle quitted office ; and, on the 19th of the same month Lord Chancellor Hardwicke resigned the Great Seal. Mr. Pitt was appointed Secretary of State ; the Duke of Newcastle was succeeded at the Treasury by the Duke of Devonshire, and Lord Anson at the Admiralty by Earl Temple. Mr. Legge became Chancellor of the Exchequer in the room of Sir George Lyttelton, who was elevated to the peerage by the title of Baron Lyttelton ; and Mr. George Grenville was made Treasurer of the Navy in the place of Mr. George Bubb Dodington. But few other material changes were made in the administration. Lord Mahon says the Duke of Newcastle " was fol lowed, to the general regret of the nation, by his con stant fi-iend, and the main pillar of his administration, the Earl of Hardwicke, whose advancing years had for some time past counselled retirement. Never has the high office of Chancellor been more uprightly, more learnedly, and more ably fiUed."* Even Lord Waldegrave admits that Lord Hardwicke * Hist, of England. g 2 84 LIFE OF LORD CHANCELLOR HARDWICKE. resigned "much to the regret of all dispassionate men, and indeed of the nation in general." * Horace Wal pole himself states " that great efforts had been used to retain him." f The following extract from the Diary, in Lord Chan cellor Hardwicke's own handwriting, records some parti culars connected with this event : — "19 Nov, 1756. Resigned the Great Seal, voluntarily, into His Majesty's hands, at St. James's, after I had held it 19 years, 8 months, & 16 days." The retirement of such a man as Lord ChanceUor Hardwicke, from the high judicial and political dignity which for nearly twenty years he had filled with such dis tinguished eminence, was an event which formed an era, not only in his own life, but also in the history of his country. In the legal annals of this nation, it doubtless constituted a very important and memorable epoch. As the office was one which, — though ordinarily regarded as the furthest point of ambition with the most gifted law yers, — had been only reluctantly pressed upon him, and the anxious duties of which he had not sought but avoided, so was his relinquishment of it the result of no compulsion or necessity ; but he voluntarUy resigned this exalted station, fuU of honours and of well-earned reputation, venerated by all the members of that pro fession of which he was alike the glory and the head, and regretted by all good and dispassionate men of whatever party throughout the empire ;—& reward than which no distinction could be higher, and which well deserved merit only can serve to ensure. The length of time during which he had filled the post of Lord High Chancellor, and the importance of the period during which he had presided in this dignified * Memoirs. -}• Ibid. LORD HARDWICKE RESIGNS THE GREAT SEAL. 85 office, would alone render his career remarkable. One only of his predecessors. Lord Chancellor Egerton, the immediate precursor of Lord Bacon, occupied that seat for so great a space ; and one only since Lord Hardwicke's time. Lord Chancellor Eldon, has retained it so long. Neither of these distinguished men, however, filled this eminent station at so critical or so memorable a time as that during which Lord Hardwicke was Chancellor. If we consider the numerous events of deep importance which occurred while he held the Great Seal, — the re bellion of 1745, — the trials of peers at which he presided, — the different leading political transactions which he influenced, both foreign and domestic, — the various legis lative measures which he fi-amed and ordered, — and, above all, the judicial decisions which he pronounced, — we cannot but consider his career in this exalted office to have been alike honourable and distinguished. As regards the equity system which he framed, if it has fallen but to few to have twenty years uninterruptedly to carry out . their own theory, still fewer have had so grand and per fect a theory as he propounded to carry out. The number of eminent men who, during his time, and in most cases through his influence, were promoted to judicial offices — Lee, Parker, Strange, Ryder, Foster, Pratt, Denison, Wilmot, and, above all, Mansfield — is at once a glorious feature in his career, and is in the highest degree creditable to his discernment. In the article already quoted from, in the Amiual Re gister, is the following character of Lord Hardwicke, as Chancellor : — " In judicature his firmness and dignity were evidently derived from his consummate knowledge and talents ; and the mUdness and humanity with which he tempered it, from the best heart. He was wonderfully happy in his manner of debating causes upon the bench, which he did copiously and elaborately. His apprehension was so quick and steady 86 LIFE OF LORD CHANCELLOR HARDWICKE. that it was unnecessary to repeat facts or reasonings, which had once been stated, a second time. His attention to the arguments from the bar was so close, and so undisturbed by impatience, or any passion or affection of his mind, "hat he condescended to learn from the meanest, whUst he every day instructed and surprised the ablest. He gave the utmost scope to the objections which pressed strongest against his opi nion, and often improved them. But his judgment was so correct and excellent, that even his unpremeditated opinions were generally acknow ledged to be profound, and to turn upon the best points which the cause afforded ; would bear examination when reduced into written reports ; and give the highest satisfaction to the parties for their justice, and to the lawyers for the skiU and discernment with which he formed them ; etiam quos contrd, statuit cequos et placates dimisit. " His extraordinary despatch of the business of the Court of Chan cery, increased as it was in his time beyond what had been known in any former, on account of his established reputation there, and the ex tension of the commerce and riches of the nation, was an advantage to the suitor, inferior only to that arising from the acknowledged equity, perspicuity, and precision of his decrees. " The manner in which he presided in the House of Lords added order and dignity to that assembly, and expedition to the business transacted there ; his acquaintance with the rules and precedents of it preserving the strictest decorum, and his masterly abilities in preparing and conducting matters of parliamentary proceeding having gained him more weight there than perhaps ever belonged to any one of his prede cessors." The following just, powerful, and eloquent tribute to the supremacy of Lord Chancellor Hardwicke as a lawyer and an equity judge is from the pen of Lord Campbell, in the interesting work by him already several times refen-ed to. This noble and learned writer, who, from his ability and eminence in his profession, is so well adapted to estimate Lord Chancellor Hardwicke's merits, whom he characterizes as " the man universally and deservedly considered the most consummate judge who ever sat in the Court of Chancery," — thus particularizes the various qualities and endowments of this great jurist : — " Viewed as a magistrate sitting on his tribunal to administer justice. JUDICIAL CHARACTER OF LORD HARDWICKE. 87 I believe that his fame has not been exceeded by that of any man in ancient or modern times ; and the long series of enlightened rules laid down by him having, from their vrisdom, been recognized as binding on all who have succeeded him, he may be considered a great legislator. His decisions have been, and ever will continue to be, appealed to as fixing the limits and establishing the principles of that great judicial system called equity, which now, not only in this country and in our colonies, but over the whole extent of the United States of America, regulates property and personal rights more than the ancient common law." Of the judgments of Lord Chancellor Hardwicke, the same noble and learned biographer writes thus : — "These performances certainly do come up to every idea we can form of judicial excellence. They are entirely free from any parade of learning, or the affectation of pointed or antithetical sentences. Two objects seem entirely to absorb the attention of the judge — 1. Properly to adjust the disputed rights of the parties ; 2. To establish a rule by which similar questions may be solved in future. He was anxious to bring every case within the scope of some general principle which he enunciated or defined, guarding it with its proper conditions and ex ceptions. He did not decide every case upon its ' specialties ' or peculiar circumstances, — leaving the profession entirely at a loss with respect to the general principle which had been discussed, — nor did he wrest the peculiar circumstances of the case to make it conform to his canon. Having lucidly stated the allegations on each side, and accu rately enumerated the facts which were estabhshed, he propounded the question or questions which they raised, and on which his decree must depend. Then recollecting the observation of Lord Bacon, that ' his equity was to be taken from his books, and not from his brains ;' and that ' the Chancery was made to supply the law, not to subvert the law,' he reviewed all the authorities upon the subject, and if none of them were expressly in point, he tried to educe from them by analogy a rule which harmonized with them in principle, and which might equi tably govern all cases similarly circumstanced. He never resorted, however, to forced interpretations or fancied analogies, and he was always anxious to support his opinion by legal precedents, in the selection and application of which he was particularly happy. Nor was he betrayed into the seductive and dangerous practice of laying down rules in loose and sweeping terms, which might carry their authority far beyond the point necessary to be decided, and mis- 88 LIFE OF LORD CHANCELLOR HARDWICKE. chievously include cases which were not then in contemplation. He therefore expressed hiraself in the most guarded terms, and mentioned distinctly the qualifications with which he meant his opinion to be received." As regards the style of Lord Hardwicke's judgments. Lord Campbell says that they " Are deservedly praised for luminous method in the arrangement of the topics, and elegant perspicuity of language in the discussion of them. But I will venture to point out what I consider their peculiar excellence — the fair and manly manner in which the arguments are stated which are to be overruled Lord Hardwicke always fully sees and appreciates the arguments against the side which he adopts, — restates them vrith additional force and clearness, and refutes them so satisfactorily as almost to bring conviction to the minds of those who had invented them, and had for a time been the dupes of their own subtilty. •• By these means, (concludes Lord Campbell, in his masterly sketch of the character of this great Chancellor,) Lord Hardwicke, in a few years, raised a reputation which no one presiding in the Court of Chancery has evex enjoyed, and which was not exceeded by that of the great Lord Mansfield as a common-law judge. The wisdom of his decrees was the theme of universal eulogy. "Etiam quos contra statuit sequos et placatos dimisit." Such confidence was there in his administration of justice, that the business of the Court was greatly increased, and it is said that more bills were filed under him than at any subsequent time, although the property administered by the Court of Chancery has since been increased sevenfold. There were stiU rare complaints of delays in Chancery, from the intricate nature of the inquiries, the deaths of parties, and other inevitable obstructions to the final winding up of a suit ; but by great exertion arrears were kept down, 'and this is fondly looked back upon as the golden age of equity.' " * The learned contributor to the Law Magazine, before quoted from, thus characterizes the career of Lord Hardwicke as Lord Chancellor : — " The vrisdom of his decrees was the theme of universal eulogy. The only failing which the most captious could pretend to detect in his * Lives of the Chancellors. EXCELLENCE OF HIS EQUITY DECREES. 89 judgments was, that he sometimes betrayed an inclination rather to base them exclusively on the foundation of pure reason, than to frame them according to the strict tenor of the positive regulations by which that reason ought to be modified and controlled. The accusation is a general one, and one that it might at present be equally difficult to refute or substantiate. Even admitting it to be well founded, it would probably vrith many still remain a question how far such a charge should be made a subject of reproach, and how far of praise " The manner in which he acquitted himself of the ordinary duties of his office must be estimated, not according to what the state of the Court of Chancery ought to be, or what he himself might have made it, but according to what it actually was. It is not to be wondered at, if disappointed suitors and envious enemies should have made it a charge against Lord Hardwicke that he was not so expeditious in delivering his judgments, as the impatience of the former, or the malignity of the latter could have desired. But when we find that impartial and disinterested, not to say competent judges, have dwelt with admiration on his mode of conducting the business of the Court, and especially, (considering the obstacles that stand in the way of expedition,) on the despatch with which it was disposed of, we may safely reject this imputation as frivolous or unfounded " When we find that the average number of bills filed in the Court of Chancery, while Lord Hardwicke presided there, fell very little short of two thousand, we cannot in reason feel much surprised that there should have been an arrear of cases on the list, and that some delay should have taken place before each cause could find a hearing "The ample stores of legal wisdom which he furnished to the world, while he presided in the Court of Chancery, are treasured in the Reports of Atkyns, and of Vesey, senior. The first volume of the former was pubhshed the year after Lord Hardwicke had resigned the seal. The cases, instead of being classed according to the chronolo gical order of decision, were placed under separate heads and titles, after the manner of a digest ; but this plan being generally disap proved of, as less convenient for occasional reference, was discontinued in the next volume, (pubhshed in 1767,) wherein the usual mode of arrangement was adopted. Mr. Vesey's work was not given to the pubhc till 1771. It would be difficult to find in any age or nation, as the production of a single man, a more various or comprehensive body of legal wisdom than is contained in these volumes. Though, upon the whole, arranged with more care than the collection of Mr. Lee,* * Cases temp. Hardwicke. 90 LIFE OF LORD CHANCELLOR HARDWICKE. they have not preserved the speeches of the Chancellor with such accuracy as to convey a distinct impression of the style of his elocu tion. But however much we may regret in a literary point of view the condensed form in which the cases are published, if we look upon them as law reports, their conciseness certainly cannot be considered other wise than a merit. " In framing his judgments Lord Hardwicke appears always to have been anxious to bring the case within the scope of some broad general principle. This, however, he never effected by means of forced interpre tations or fanciful analogies. He was always carefiil to support his opinion by the authority of legal precedents, in the selection and apph cation of which he was particularly happy. Again, his regard for principles never betrayed him into the dangerous practice of giving his own judgments in such loose and general terms as might extend their authority too far. It was his invariable practice to express himself in the most guarded terms, and to mention distinctly the qualifications and restrictions vrith which he meant his opinion to be received, so that his judgments were effectually prevented from acquiring, as precedents, a wider application than it was his original design to give them. For illustration, and in the absence of other authorities for a guide in his arguments, he frequently had recourse to the civil law, with which, like his illustrious contemporary, Mansfield, though not perhaps in so great a degree, he had familiarized himself, and for which, in common with all who have made it their study, he entertained the highest re spect. It might possibly be in part the result of his acquaintance with the writings of the ancient civilians, that his judicial arguments were peculiarly distinguished by the qualities for which they have been deservedly praised, namely, luminous method in the arrangement of the topics, and elegant perspicuity of language in the discussion of them. When he delivered his opinion on any case of importance, he was so far from wishing or attempting to pass over the objections which had been suggested by those who argued on the opposite side, that he frequently repeated them in such a way as to give them greater force than had been claimed for them at the bar. The masterly manner in which he afterwards refuted them generally called forth the admira tion, and extorted the assent even of those who had originally pro pounded them. By the constant attention he always paid to the speeches of the bar, he acquired, during the progress of the cause, a mass of in formation, of which he did not fail to find the advantage in drawing up his judgment. He did not affect to be above learning from any, even the youngest and most inexperienced of the barristers who argued before LORD hardwicke's COURTESY ON THE BENCH. 91 him ; and though it is to be supposed he often had to hsten to the redundancies and superfluities which too often disfigure the oratory of our courts, (perhaps the Court of Chancery more than any other,) his courtesy and politeness always prevented him from testifying the slightest impatience " Lord Hardwicke never gave in to this failing ; * for a failing it un doubtedly was, to whatever exhibitions of talent it may have given occasion. He was always careful, not only to listen with patience and attention to the bar, but, what is sometimes of still greater importance, to make it appear that he did so ; a practice which no judge who has it at heart to be popular among his own profession can safely neglect. In this respect, also, the evenness and placidity of his temper gave him great advantages. On no occasion was he ever betrayed into ebullitions of temper, such as, both before his time and since, have so often degraded the dignity of our courts of justice. The affability and the courtesy of his general demeanour towards the bar, and the solicitors of the court, to which he had been in no small degree indebted for his professional advancement, was in no degree lessened when he had reached the sum mit of legal honours." The following anecdote may perhaps serve to evince that the courtesy of the Chancellor was extended not only to the counsel, and solicitors, but also to the suitors who came before him. A cause was being argued before Lord ChanceUor Hardwicke, in which a grandson of Oliver Cromwell, who bore the Protector's surname, was a party. The counsel opposed to him took occasion to cast some re flections on the memory of his ancestor, on which Lord ChanceUor Hardwicke said, " I observe Mr. Cromwell standing outside the bar there, inconveniently pressed by the crowd ; make way for him, that he may sit by me on the bench." This had the effect of silencing the uncalled-for sarcasms of the advocate, who thenceforth moderated his tone, f It has been asserted that Lord Hardwicke's fame as Chancellor has suffered from the loose and in- * Inattention to the arguments of counsel, t Law Magazine. 92 LIFE OF LORD CHANCELLOR HARDWICKE. adequate manner in which his judgments were reported, which are thought by some not to bear out the reputa tion which has been awarded to him ; and Lord Thurlow used to say that his decisions as Chief Justice, which are recorded much more amply and correctly than those as Chancellor, were abler than the others. The extracts given in these pages from his own manuscript draughts of his judgments, and the skeletons of them made by him, may serve to afford a fair notion of his powers and genius here, and must, I think, equal all we have read or conceived of his abilities as a jurist and a judge ; to which also should be added his speeches on leading constitutional topics. In the discharge of his duty, annexed to the Chan cellorship, of Speaker of the House of Lords, Lord Hardwicke was no less efficient than when presiding in his own court. The personal respect which he inspired added much to his official dignity; and the attention which he himself paid to all that passed, taking copious notes of the debates, had its due influence in inducing others to follow his example. The forcible though mild rebuke administered by him, on one occasion, to an irregular sally by an intem perate young peer has already been given, and serves to exhibit a sample of his quiet though effective mode of bestowing chastisement on a disorderly debater. Indeed the career on the woolsack of Lord ChanceUor Hardwicke might be said to afford the strongest argu ments, both for and against the proposal, which has sometimes been entertained, of separating the professional and pohtical functions of the first Judge of the land. In favour of the measure, as showing how much the attention of the Chancellor is liable to be trespassed upon by state affairs, which must divert him from his more LORD Mansfield's panegyrics on lord hardwicke. 93 immediate duties ; and how great peril there must often be of some political or private prejudice interfering co the actual, or at any rate, (which is in itself very baneful,) to the suspicion of hindrance to the administration of justice, both in the Court where he ordinarily presides, and also when called upon to assist at trials, such as those which took place before Lord Hardwicke as Lord High Steward. On the other hand, his example might be in stanced against the necessity for the measure adverted to, as it may be fully evinced in the case of the great man before us, that the most important political position, in times the most eventful, and the utmost activity in the discharge of these labours, are not at all incompatible with the most perfect and most satisfactory performance, free from all suspicion, of his judicial duties. And it might also be well argued that a great constitutional lawyer, and one who is well acquainted with the practical opera tion of our legal system, ought ever to be selected to sway largely the councils of the state. Nor is it probable that, to the same extent, interferences of this nature with his duties as a judge will again occur ; as soon indeed may we look for this, as for another Hardwicke. To divide into several this noble and important office, which has been so dignified by the mode of its discharge, and been found so advantageous in the union of its functions, would be to deprive the profession of its choicest gem. On Lord Mansfield taking leave of the Society of Lin coln's Inn, when he was raised to the bench, the usual complimentary speech was delivered by Mr. Charles Yorke. The reply of the Chief Justice contains the following eloquent panegyric on Lord Hardwicke : — " If I have had, in any measure, success in my profession, it is owing to the great man who has presided in our highest courts of judi cature the whole time I attended the bar. It was impossible to attend 94 LIFE OF LORD CHANCELLOR HARDWICKE. him, to sit under him every day, without catching some beams from his hght. The disciples of Socrates, whom I will take the liberty to call the great lawyer of antiquity, since the first principles of all law are de rived from his philosophy, owe their reputation to your having been the reporter of the sayings of their master. If we can arrogate nothing to our selves, we can boast the school we were brought up in ; the scholar may glory in his master, and we may challenge past ages to show us his equal. " My Lord Bacon had the same extent of thought and the same strength of language and expression ; but his life had a stain. " My Lord Clarendon had the same ability and the same zeal for the constitution of his country ; but the civil war prevented his laying deep the foundations of law ; and the avocations of pohtics interrupted the business of the Chancellor. " My Lord Somers came the nearest to his character, but his time was short, and envy and faction sullied the lustre of his glory. " It is the pecuhar felicity of the great man I am speaking of, to have presided very nearly twenty years, and to have shone with a splendour that has risen superior to faction and that has subdued envy. " I did not intend to have said, I should not have said so much on this occasion, but that in this situation, with all that hear me, what I say must carry the weight of testimony, rather than appear the voice of panegyric. " For you. Sir, you have given great pledges to your country ; and, large as the expectations of the public are concerning you, I dare say you will answer them." * A legal biogi-apher, being desirous of writing, among others, the life of Lord Mansfield, entreated his lordship to furnish materials, in addition to those he afready had, as he wished to perpetuate the memory of so great a luminary of the law. The answer given by his lordship was as follows : — " My success in hfe is not very remarkable : my father was a man of rank and fashion ; early in life I was introduced into the best company, and my circumstances enabled me to support the character of a man of fortune. To these advantages I chiefly owe my success ; and there fore my life cannot be very interesting ; but if you wish to employ your abilities in writing the life of a truly great and wonderful man in our pro fession, take the life of Lord Hardwicke for your object ; he was indeed * Roscoe's Brit. Lawyers. THE GREAT SEAL IN COMMISSION. 95 a wonderful character — he became Chief Justice of England and Chan cellor, from his own abilities and virtues — for he was the son of a peasant." * The spirit of litigation — which, however useful and even laudable it may be deemed, must, like other luxuries, be always in danger of over-indulgence— was perhaps never carried to a greater extent than in a suit which was commenced during Lord Hardwicke's Chan cellorship, between two eminent potters of Handley Green, Staffordshire, for a sum of £2 9*. Id, After being in Chancery eleven years, from 1749 to 1760, it was put an end to by John Morton and Randle Wilbra ham, Esquires, to whom it was referred, when they determined that the complainant filed his bill without any cause, and that he was indebted to the defendant at the same time the sum for which he had instituted this proceeding ; this they ordered him to pay, with a thou sand guineas of costs ! It seemed as though all the great lawyers who were looked to, to succeed Lord Hardwicke, shrank from put ting themselves into competition with him, conscious of the comparison to their disadvantage which must be made. Among others. Lord Mansfield was pressed to take the Chancellorship, but dechned. Accordingly, on Lord Hardwicke's resignation, the Great Seal was given in commission to Lord Chief Justice Willes, Mr. Justice WUmot, (afterwards Chief Justice of the Common Pleas,) and Mr. Baron Smythe. It was left in commission during the whole of this reign. " Wilmot," says Horace Walpole, " was much attached to Legge, and a man of great vivacity of parts. He loved hunting and wine, and not his profession. He had been an admired pleader before the House of Commons, but being reprimanded on the * Eminent Lawyers. 96 LIFE OF LORD CHANCELLOR HARDWICKE. contested election for Wareham with great haughtiness by Pitt, who told him he had brought thither the pert- ness of his profession, and being prohibited by the Speaker from making a reply, he flung down his brief in a passion, and never would return to plead there any more. Fox procured the place of Attorney-General for Henley." Mr. Charles Yorke was made Sohcitor-General. One of the most important, perhaps the greatest event in the life of a great man, is his retirement from that world which was the theatre of his efforts, and some of whose most critical transactions have been controlled or influenced largely by his master spirit. In the case of a professional man, of high and dis tinguished eminence, his quitting the scene of his active labours is but too often like quitting life itself. He is henceforth but an inanimate, useless being; the energy by which he was hitherto impelled no longer sustains him, and he sinks almost into insignificance, if not into absolute imbecility. In the case of a gi-eat lawyer, perhaps this change in his condition may not unfrequently serve to determine whether he be also a great man ; as the two characters are not only not identical, but seldom united in one person. If the great lawyer be not also a great man, his greatness must at any rate terminate . with his professional career ; and thenceforward his existence, to all beneficial purposes, either as regards himself or society around, is utterly valueless, if not pernicious. From a great lawyer, his transmigration is into that of a great bore, or it may be a mischievous meddler in affairs, in which neither nature nor education have fitted him to interpose. In the instance, however, of the individual before us, how different were his conduct and his destiny. From a great lawyer he became elevated into a great patriot. His LORD HARDWICKE OUT OF OFFICE. 97 counsels as hitherto, were still at the command of his sovereign, and his energies were devoted to the exigencies of the nation. He relinquished office voluntarily ; and long and assiduously as he had toiled in the service of the state, he refused to receive any pension or pecuniary recompense for his invaluable labours. He now stood aloof from party, knowing no interest but that of his country. His great influence, and consummate wisdom and experience, were in each case readily rendered, when ever called for, to the aid of the commonwealth. And his energetic mind, — ever intent alike on the investigation of the highest principles, and the fullest practical apph cation of the noble science in whose direction he had so long been the presiding spirit — had now ample leisure afforded for carrying on the grand work of preparing measures in relation to his country's jurisprudence which from time to time he framed and introduced ; and which are sufficient to render his name as illustrious in our legal and legislative annals, as the more immediate pro fessional and political labours, by which his memorable career was so eminently distinguished. The following report of a case is extracted from Lord Chancellor Hardwicke's note book. " 1754. July 26°. " Attorn. -Gen' ex rei, Trus' of the turnpike for re pairing y^ road in qu'ion. Pit. " The Gov" of y^ poss'*"" & revenues of Harrow School. Def*'. " Jf. Attorn,-Gen\ pro rei. End of inform, for an VOL. III. H -:^ 98 LIFE OF LORD CHANCELLOR HARDWICKE. acc* & application of the rents & profits of certain charity lands ; & y* y^ same, or a proper part of them, may be applied & disposed to repair y^ highway fro' Kilburn Bridge to Sparrow's House in Com. Midd'x, being part of y'' great road fro' London to Edgware. " 9 Jac. 1. An inf° filed relating to this charity. " The def*', the gov", have tho* to apply y'' revenue to y^ repair of y'' road fro' Harrow to London, instead of ye road fro' Edgware to London, w""* the donors direct. " 6 July, 21 Eliz, Orig' deed of donation, executed by Sir Gilbert Gerrard, Att.-Gen', & W" Gerrard, his brother, to John Lyrn & Joan his wife, & y^ gov'' of y° Free School at Harrow. " 23 April, 1611. Decree of this court on this dona tion. " Francis Page, He never remembers y^ road fro' Kilburn Bridge to Sparrow's House in so good repair as now, but it still wants more repair. " He applied to y" trust' for some money, part of y^ rents & profits of y^ land, w"'^ they used to pay, in order to be laid out in repair of y" roads ; that aftw''' Mr. Sanders, one of y'= governors, told him y* y® gov" had agreed to lay y^ same out themselves. " Paul Vaillant, " John Francis. This part of y'= road much in decay, & out of repair. " Rob* Boroughs, This road has never been in repair during his knowledge of it. " The annual value of this estate 70' jo'" ann, now; ^ y^y" lands appropriated to / Harrow road, 60' p' ann, " Mr, Capper, ad idem. We confine this to y' road fro' Kilburn Bridge to Edgware ; at least don't carry it further northward than Edgware. CASE OF HARROW SCHOOL. 99 " Mr. Henley, pr. def. The intent of / donors was to leave it to y" judgm* of y" tr'ees, w"" of / roads wanted repair. " 'Twas right to leave it to their discretion, bee, other wise it w^ be a foundation for infinite disputes. " Mr. Lyon left a body of stat' for y" regulation & governm* of this charity. " Great sums of money raised by y" turnpikes for y® repair of this road. " The qu'ion is not whether this road is the best, or as good as any other turnpike road in y'= c*^ of Midd'x. " As to y" rehef "1. They claim to have y'= clear produce of y^ rents & profits of y" charity lands paid to y' trustees of y^ turn pikes, for y™ to lay it out on y" road. " Ans. That is contrary to y" trust, for tho' go/" were to lay it out, they must apply it as far as Sparrow's house. "2. The trustees of y" turnpike fro' Kilburn Bridge to London have an equal claim. "3. As to y^ merits, y^ court W^ not controU y" trus tees, unless there was some gross misapplication or mis behaviour. "4. The founder has put this charity under a partie. special perm* controU. " The founders and his heirs are visitors. " The case of Birmingham school, cor. King, C, 2 Wms, Orders, Stat, 8^ Rules, by John Legon, tempore Eliz, " Tho, B. Laud Gardner. The road to Edgware in good cond'"" ; proves several considerable sums laid out repair* y^ Edgware road, amount^ to ab* 500/. " The Harrow road is in very indiff * condition. " The Harrow road was so bad before y^ gov" took H 2 100 LIFE OF LORD CHANCELLOR HARDWICKE. upon y"" to repair it, y* people used to go fro' Harrow by Acton, to London. " Wm, Hitch, The road fro' Edgware to London is in very, good repair. The Harrow road in a very indiff* condition of repair. "A turnpike fro' London to Paddington has been for 30 years. " Henry Finch, " I was of opinion that there was not sufF* evidence y' the road from Edgware to London was not in proper repair, but y* there w^as suff* evidence y* y* Harrow road was in great want of repair, especially as there was no turnpike except for 2 miles thereof; & y* y'' donor in tended to leave much to y^ judgm* & discretion of y° gov", & this C* ought not to control! them, unless they acted corruptly, partially, or negligently ; therefore, did not think there was foundation to make any decree at present, but gave liberty to y" relators to apply to y" court in case y'' Edgware road sh'* happen to stand in need of any extraordinary repair, or the Harrow road be not put into suff' repair. No costs hitherto. The case which follows, and which is also extracted from Lord ChanceUor Hardwicke's note-book, is of in terest, both as regards the subject of it, and the defen dant in the cause — the famous, or rather well known Dr. Shebbeare. "1756, Feb. 26. " John Mourse Pit. John Shebbeare Deft, " Mr, Attorn.-Genl, pr, quer. End of biU to be reUeved ag* an agreement obtained fro' pit. by deft, by fraud & imposition, & ag'* an action for £105, & to be repaid y'' said sum of £105. " The imposition was by selhng pit. a coUection of ALLEGED FRAUD BY DR. SHEBBEARE. 101 letters, on pretence of their being letters of y^ late Lord Cornbury, & L*" Hyde, whereas they were writ & con trived by himself "Pit. was to give 4 g' p'' sheet for y« copy — a very high price. Y« whole £210. " Obj, Ye pit. did intend to buy a collection of def*' own letters. "Ans, The agreement shews he did not mean to sell his own letters. " A collection of letters. The prefatory discourse, ^ " The price shews it. Nobody w"* have given a guinea p' sheet for y'= doctor's own letters. "David Wilson, At Paris, D"" Shebbeare was. brought to def" house by D'' Green, ab* publishing a treatise of physic. Then said y* he had a collection of letters written from Paris. Said they were by a person of emi nence & quality, who died abroad. Then named Lord Cornbury — did not directly say y* he was y" author ; but conveyed y* idea to def, so as to make him believe it. " 3 guineas per sheet a good price for a work of amuse ment by an author of eminence, who will prefix or avow his name. "James Bettenham, A printer. No publisher wo** give above a guinea p' sheet for a collection of letters of amusem* written by a common hand, not celebrated in y* literary world. Printed a paper called y* Spectator, writ by def, w"'' did not take in y* world. " Pit. told him y* he had a coUection of L*" Cornbury 's letters to publish — y* fro' pit's conversation with him, he verily behoves pit believed y"" to be L^ Cornbury's. " That by pits direction he went to def* to know what y* title was to be. " John Whiston. Never heard y* def* was reputed or 102 LIFE OF LORD CHANCELLOR HARDWICKE. known in y^ world as an author or learned man before 22 Jan. 1754. " Mr. Yorke, ad idem. The price given by pit. shews he took y"" to be by a person of eminence. " The agreem.ent shews the letters were not to be his own, for he warrants y"" ags* all persons, who may have pretensions to y^ s** letters. [" Def* might have sold or contracted for y^ to some 0^ person.'] " The prefatory discourse, or introduction, is full of y° same representation, " The Part proof corresponds with these observations. " Mr. Hoskyns ad idem. " Mr. Cox pro def. Def swears y* Lord Cornbury's name was never mentioned betw. the parties till after the agreem* signed. " D^ Jem swears y* def* told him y* y' collection oj letters vf^ he had to publish, was written Sg composed by himself. " L^ Cornbury had never gained any character as an author. " Negligence in not applying to y" family. " Mr. Attorn.-Geri rej}. " Dismissed y^ bill with* costs." The following are the concluding entries in Lord Chan cellor Hardwicke's Chancery note books. " 1756 " Nov^' X^" Thursday. "This being a day of motions, I sat in court & heard the motions, tiU about two o'clock, & then went up to y" House of Lords, & prorogued the parliament by com mission. DELIVERING UP THE GREAT SEAL. 103 "Friday, Nov'' \^th, 1756. There was no sitting in Chancery, and at noon I attended the King at St. James's, & voluntarily resigned the Great Seal to His Majesty, in his closet, who parted with me with the strongest expres sions of his grace & goodness to me. Immediately afterwards 3 commissions were sealed in His Majesty's presence, appointing L"^ C. J. Willes, Mr. Baron Smythe, & Mr. J. Wilmot, commissioners of the Great Seal. The commissions were all of the same tenor & date, & one of them deliv'* by His Majesty to each commiss' ; after which a general council was immediately held, and the commissioners there took the oaths of allegiance & supremacy, & the oath of office. " Jam mihi parta quies, omnisque in limine portus. "ViRG. iEN." 104 CHAPTER XIII. 1756—1760. PROMOTION TO THE SOLICITOR-GENERALSHIP OF MR, CHARLES YORKE — DEATH OF LORD CHANCELLOR JOCELYN — CASE OF AD MIRAL BYNG — THE EARL OF HARDWICKE AT COURT — DEBATE ON MILITIA BILL — LORD HARDWICKE REFUSES THE CHANCELLORSHIP — RECONSTRUCTION OF THE MINISTRY — AUDIENCE WITH THE KING — CORRESPONDENCE WITH MR. PITT — THE EARL OF HARD WICKE AT WIMPOLE — HABEAS CORPUS BILL — DR. HENESBY's CASE — DEATH OF MRS. C, YOHKE^THB KING AND PRINCE GEORGE FOREIGN AFFAIRS — ILLNESS OF LORD HARDWICKE — PROSECUTION OF DR, SHEBBEARE — TRIAL OF LORD FERRERS — LORD KAMES AND LORD HARDWICKE — DEATH OF LADY ANSON — DEATH AND CHA RACTER OF KING GEORGE THE SECOND. The promotion of Mr. Charles Yorke to the office of Solicitor-General, which took place on the formation of the new ministry, and which was the spontaneous act of the Sovereign, as a testimony to the joint merit of both the father and the son, was an event which must have been as gratifying to the resigning ChanceUor as it was to the new law officer of the Crown. To the veteran judge this was an honourable termination of his long and able career, which was thus made the commence ment of his son's official life ; and to the rising advocate, the prospect of distinction and preferment opened to him, atoned in some measure for the loss which he sus tained in the retirement of his father from the head of that profession of which they were both high •ornaments. That Mr. Charles Yorke well deserved this advance ment from his own abilities, the very extensive practice ADVANTAGES AND DISADVANTAGES OF MR. C. YORKE. 105 at the bar which he had now obtained, the eminent position that he occupied as a debater in the House of Commons, and the general reputation which his talents and acquirements had procured for him, sufficiently evince. Indeed the Duke of Newcastle was inclined some time before to have selected him to fill this post, as he mentions in a letter already quoted. The versatility of talent which Mr. Yorke exhibited may be regarded as one of the surest proofs of its genuineness, and has often been the mark of a mind gifted above the ordinary measure. Industry and perseverance may adapt an individual with moderate abilities to excel to a certain degree in one line — to become a sound practical lawyer — or a dexterous politician — or to be well in formed in matters of literature ; but it is only by the actual power of his mind, by being gifted with varied talents of different kinds, that he» can be enabled to attain a high rank in all three at once. This diversity of acquirements has moreover been the distinguishing feature in the character of many of the most brilliant genius. It cannot be denied that Mr. Charles Yorke possessed a great advantage in being the son of a Chancellor, and above all of such a Chancellor as Lord Hardwicke was. But this was only an advantage, and could not of itself have raised him to the position he had attained. And even this circumstance was not without its strong disadvantages, in the danger which existed in such a case of the young advocate neglecting to exert himself like one who was dependent on his profession for a maintenance ; and the fear that he would be induced to rely too much on his own good fortune. In each profession and pursuit in this country, genuine talent and real merit are in the end pretty sure of their 106 LIFE OF LORD CHANCELLOR HARDWICKE. reward, whatever difficulties and discouragements they may meet with at first setting out. On the other hand, spurious pretensions to these, however pushed forward at first by any adventitious circumstances, are certain ultimately to find their proper level. Indeed, in nothing has the principle of entire liberty and exemption from restraint, which is so characteristic of our system of jurisprudence, been more nobly shown than in the abso lute freedom which is allowed to talent in this country, — no matter to what nation or clime it belongs, even if nurtured among those the most opposed to us either in feeling or interest,- — of reaping its due reward, and attaining that rank and w^ealth for its possessor which it is entitled to procure. Nor have we of this great nation been without our full recompense for this enlightened and truly enlarged policy ; for surely no counti-y can boast df so many «.nd such distinguished characters among the members of its professional men, whether natives or foreigners. Many of the most celebrated have, in spite of all their disadvantages, risen to high eminence from the humblest ranks, and several of our profoundest judges, — among them a late very able Lord Chancellor, and a late Chief Baron, the most distinguished advocate of his own, if not of any other age, — have been natives of a foreign land. That re nowned writer on the English constitution, M. De Lolme, was a refugee here from France, which at the period of his exile to the country which he so benefited, was at war with us, and had cast out its gifted and eloquent son. England might be compared, as regards the free mode in which she bestows her rewards without distinction of birth on all who deserve them, to an institution whose academical prizes are open to all of talent and character, without restriction as to their place of nativity or educa- HISTORY OF CHARLES YORKe's PROMOTION. 107 tion. And in this respect does this great nation appear to consider itself as the university of the world ; and genuine merit as the only title to the gifts it has in store. Of all the pursuits and professions which are at the choice of the members of this vast community, there is probably none in which talent and merit so entirely de termine the success of the aspirant as the English bar. Here favour and interest can neither long serve the in competent, nor the want of them retard the meritorious. In a letter to his friend, Mr. Baron Mountney, the Earl of Hardwicke gave the following account of Mr. Charles Yorke's promotion to the Solicitor-Generalship, from which it will be seen that this appointment was entirely the unsolicited act of His Majesty, to whom the professional reputation of Mr. Yorke and his success as a debater in the House of Commons must have been well known. ' ' Your congratulations on my son's promotion to the office of Solicitor- General are extremely obliging, not only to me, but to him. The King, my gracious master, who accepted my resignation with those demonstrations of goodness, which related by me might have y^ appear ance of vanity, was pleased to do it as a mark of his approbation of my long, & faithful, tho' unmeriting service. " I had made it my firm resolution neither to ask nor accept any pecuniary or lucrative advantage, but of this favour I own I am proud." * Lord Hardwicke in the same letter thus speaks of his determination as to his own future career. After thanking his friend for his polite expressions of regard * Hardwicke MSS., Wimpole. 108 LIFE OF LORD CHANCELLOR HARDWICKE. and esteem on the occasion of his resignation, he pro ceeds — " I have nothing to wish for myself but what you wish me ; & for the rest, the same principles of duty & affection to the King, & zeal for my country, will aU- ways govern my private life, which have hitherto been y^ rule of my conduct in a public station. The only regret I feel is, that it will be impossible for me now to be equally useful to my friends as in my former situation." The letter which follows was addressed to Lord Hard wicke, on his resigning the Great Seal, by his old and attached friend Lord Chancellor Jocelyn. "Dover Street, 19 Nov,, 1756.* " My Lord, — Amidst the universal regret, in which nobody bears a greater share than myself, for the loss of yo"' lordship in the Court of Chancery, I cannot forbear congratulating with you, that after presiding there with confessedly greater advantage to the publick, & honour to yourself than any of yo'' predecessors, you have set the world a rare example in your retreat, and have voluntarily resigned the seals in the fullest vigour both of body & mind, to enjoy your leisure with the highest dignity. " I return your lordship ten thousand thanks for your many kind inquiries after me. I thank God I begin to find benefit from Ward's medicines. In every state, your lordsP may be assured that I am, with the most unalterable gratitude & respect, "My lord, " Your lordship's most obed* humble serv*, " Jocelyn." * Hardwicke MSS., Wimpole, DEATH OF LORD CHANCELLOR JOCELYN. 109 This is the last letter among the Earl of Hardwicke's papers from Lord Jocelyn, and in December foUow ing this great and good man, who had so long filled the high office of Lord ChanceUor of Ireland, ceased to exist. Lord Chief Justice Yorke tells Lord Hardwicke, in a letter in which he congratulates him on his honour able and dignified retirement, and also " on the pre- ferm* of Mr, Charles Yorke to that high station w"*" every one agrees is due to his merit," — "The loss of our great & good Chancellor is heavily felt here, & I'm not aware how or when it will be made good to the publick ; to me, & many others privately considered, I'm convinced it hardly ever will. The prospect, in every view, seems dark & distant. " On the arrival of the acc* of his lordship's death, all judicial proceedings in the Court of Chancery were determined. The patent constituting Commissioners for hearing causes in that court was of force only during the absence of Lord Jocelyn ; & y'= Comm" for keeping y' Great Seal, tho' they are appointed during y^ King's pleasure, yet they have a power barely to put y® same to writts, patents, &c. ; so that under these circumstances it will be expedient to have that court revived as early as may be."* The Mayor and Jurats of Dover addressed a letter to the Earl of Hardwicke on the 25th of February, 1757, in which, after referring to the many marks they had experienced of his lordship's inclination to promote the welfare of that town, they applied to him for his good offices in promoting certain measures then before par hament for effecting the improvement of Dover harbour. * Hardwicke MSS., Wimpole. 110 LIFE OF LORD CHANCELLOR HARDWICKE. The Earl of Hardwicke assured them in his reply — " Nothing shall ever be wanting on my part that may be for y® prosperity & advantage of my native town. There is nothing that I have more sincerely at heart ; & I look upon the improvem* of Dover harbour, not only in this light, but as being of general utility to y° nation. " You may therefore depend on my utmost zeal & endeavours, & those of my friends, to forward what you so much desire."* Colonel Clive, afterwards the famous Lord Clive, wrote a letter to Lord Hardwicke from the camp near Calcutta, in February, 1757, in which he speaks in grate ful terms of the "favour and protection" with which Lord Hardwicke had hitherto honoured him, and asks for his lordship's recommendation of him to the Court of Directors of the East India Company. The letter which follows was addressed to the King by the Earl of Hardwicke, and delivered to His Majesty by Lord Holderness, who, in another dated Feb. 17th, 1757, tells Lord Hardwicke — " This morning I had the honour of presenting to His Majesty your lordship's letter, which the King received in the most gracious manner. As to the con tents of it, the King only said that he continued to think of Mr. Noel, but did not give me any direct autho rity to say he would please to appoint him a judge upon the first vacancy, though I think I co'* collect from the manner in which the King expressed himself that it is his resolution, "f " Sir, I — I should not have had the presumption to give your Majesty this trouble, if your great goodness, * Hardwicke MSS., Wimpole. f Ibid. X Ibid. LETTER FROM LORD HARDWICKE TO THE KING. Ill when I had last the honour to attend your Majesty, had not encouraged me to it. Mr. Justice Birch, one of the judges of the Com'on Pleas, is dangerously ill, & it is thought cannot recover. Mr. Noel puts me in mind of what your Majesty most graciously authorised me to say to him, that you won** be pleased to promote him to the bench on the first vacancy, & permit him to keep his present office of Chief Justice of Chester along with it, of which there are precedents. Permit, Sir, your old & faithful servant to lay himself & that gentleman at your Majesty's feet, & humbly to beg that he may, on this occasion, feel those of your royal favour & assurance, which I sincerely think his services deserve. " I will only add that this promotion wou* make a vacancy in one of your Majesty's boroughs in Cornwall ; & that I have the honour to be, ever, with the greatest veneration, fidelity, & submission, " Sir, " Your Majesty's most dutiful & obedient subject, " & devoted humble servant, " Hardwicke." "Powis House, Feb, \6th, 1757." The case of Admiral Byng, with which the public at tention was engrossed at this period, is one which wiU ever be regarded with deep interest, and is also of con siderable importance on account of the different points involved in it. Lord Hardwicke took an active part in the investigation and decision of it, and it appears from his papers that he devoted considerable time and labour to an examination of the whole transaction ; and also employed a professional person to digest for him the voluminous papers on the subject. The court martial which had been appointed to try the 112 LIFE OF LORD CHANCELLOR HARDWICKE. Admiral, having proceeded to examine the evidences for the crown and the prisoner, from day to day, in the course of a long sitting, agreed unanimously to 35 reso lutions, implying their opinion that Admiral Byng, during the engagement in question between the British and French fleets, did not do his utmost to take and destroy the ships of the French King which it was his duty to have engaged, and to assist such of His Majesty's ships as were engaged, which it was his duty to have assisted ; and that he did not exert his utmost power for the relief of St. Phihp's castle, in the island of Minorca. They therefore unanimously agreed that he fell under part of the 12th article of an act of parliament passed in the 22nd year of that reign, for amending, explaining and reducing into one act of parliament the laws relating to the government of His Majesty's ships and forces by sea ; and as that article positively prescribed death, without any alternative left to the discretion of the court under any variation of circum stances, they unanimously adjudged Admiral Byng to be shot to death, at such time, and on board of such ship, as the Lords Commissioners of the Admiralty should please to direct; but as it appeared by the evidence of the officers who were near the Admiral's person that no backwardness was perceivable in him during the action, nor any mark of fear or confusion either in his counte nance or behaviour, but that he delivered his orders coolly and distinctly, without seeming deficient in per sonal courage, and from other circumstances, they be lieved his misconduct did not arise either from cowardice or disaffection, they unanimously and earnestly recom mended him as a proper object of mercy. The Admiral himself behaved through the whole trial with the most cheerful composure. After he had heard RECOMMENDATION OF BYNG TO MERCY. 113 the evidence against him, and finished his own defence, he appeared to have full confidence in his acquittal, and ordered his coach to be ready for conveying him directly to London. On being informed, by a friend who attended him, of the result, and of the verdict about to be given, he exhibited some surprise and resentment, but betrayed no marks of fear or disorder, either then, or while the sentence was being pronounced. Several members of the court-martial were much moved, but he was ap parently unaffected and unchanged. The officers of this tribunal unanimously subscribed a letter to the Board of Admiralty containing the following paragraph : — " We cannot help laying the distresses of our minds before your lordships on this occasion, in finding ourselves under necessity of con demning a man to death from the great severity of the 1 2th article of war, part of which he falls under ; which admits of no mitigation if the crime should be committed by an error of judgment ; and therefore for our own consciences' sake, as well as in justice to the prisoner, we pray your lordships, in the most earnest manner, to recommend him to His Majesty's clemency." The Lords of the Admiralty, however, instead of com plying with the request of the court-martial, transmitted their letter to the King, with copies of the proceedings, and an address from themselves to His Majesty, specifying a doubt with regard to the legality of the sentence, as the crime of negligence for which the Admiral had been condemned was not expressed in any part of the pro ceedings. Lord Torrington, and the other friends of the unfortunate Admiral, used all their influence with the King on his behalf Dr. Birchj in one of his letters written at the time, gives the following account of the subsequent pro ceedings : — • VOL. III. I 114 LIFE OF LORD CHANCELLOR HARDWICKE. " The judges to whom the sentence of the court-martial on Mr. Byng was referred on Wednesday sen'night, by the court-martial, having on Monday night unanimously determined it to be legal, which judgment the next day they drew up in form, and delivered on Wed nesday morning to the President of the Council, the warrant for his execution on Monday the 28th instant was signed by the First Lord of the Admiralty. " Mr. Hunter, one of that board, acquainting the House of Com mons with this last fact on Thursday, the Speaker gave them an account of several precedents for expulsion of members who had been condemned to ignominious punishments. Upon this. Lord Strange moved that the papers and the letters of the court-martial, or any mem bers of it who had recommended Mr. Byng to mercy, might be laid before the House, and his lordship was seconded by Sir Francis Dash wood, who declared himself more explicitly in favour of the condemned admiral. And Mr. Pitt himself, who appeared then for the first time in the House since his illness, seemed to oppose his expulsion, alleging that his offence was, in the opinion of the court-martial, merely negli gence, and purged of all criminality ; adding, that the naval service could not well go on except the law relating to it was altered. But the result of this debate was that Lord Strange withdrew his motion, and nothing was done but ordering that the notification of the signing of the warrant for Mr. Byng's execution should be entered in the journal." * A biU was accordingly brought into the House of Commons to release the members of the court-martial who had sentenced Admiral Byng to death, from their oath of secrecy, so that they might disclose the con sultations which took place among themselves when deliberating upon his sentence. The note which foUows was addressed by Lord Hard wicke to Mr. Charles Yorke, during the progress of this measure through the lower House, and in which his sentiments are evinced as to the spfrit and intention of the act of parhament lately passed. His opinion would seem to be on the side of mercy in this case. » Dr. Birch's MS. Collect., Brit. Mus. LORD HARDWICKE ON BYNG's CASE. 115 " Powis House, Febr. 23<^, Wedn.* " Dear Charles, — ^An idea has struck my mind relating to the alteration talked of in the 12th art., which may not be unplausible in the Ho. of Com'. One, if not the only alteration proposed, will be to restore the alternative — or such other punishment as a court martial shall think fit. " My objection is that this was found, by experience, to be in effect vesting y^ court-martial with a power of pardoning; for they thought they satisfied the law if they inflicted any punishment, & made it so slight, as almost to amount to none. The alteration made by y" new act was to vest that power of pardoning in the Crown, where it ought to be. Not intending that every man, who came within the words of the new article, should actually suffer death ; but that every man who was found guilty of an offence, which might be of such vast importance to the whole nation, should know that they were liable to death, & that it was not in the power of a half a dozen or half a score of their brother officers to excuse them from it. But still leaving it in the power of y^ King, properly advised by his councU, to execute justice in mercy, according to his coronation oath. " If there is any thing in this thought, you will im prove it. " Your's affectionately, " H." The following report of the proceedings of the House of Lords, relative to the bill which had been brought into the House of Commons, and was afterwards sent up to the Lords, is in the handwriting of Dr. Birch, who was probably present during the discussion. * Hardwicke MSS., Wimpole. I 2 116 LIFE OF LORD CHANCELLOR HARDWICKE. " Wednesday, March 2, 1757.* " L** Hardw. mov'd the manner of the examination, and that the witnesses be kept separate, & caU'd in one by one ; that the questions & answei-s be written down. " Agreed to call in Adm. Smith. " Lord Morton begins to examine him about the 12*'* art., whether an error of judgment was comprehended? " The question mov'd by Lord Morton. " Lord Mansfield settles the sort of questions. " LordHallifax objects to his chalking out the method of proceeding. " L** Mansf asks 2 questions. " L'* Hallifax asks 2 other questions. " L"* Temple proposes a question like that of Lord Morton, who insists upon his first, upon which L* Tem^ pie waiv'd his. " The exam, put in & read. " Lord Temple congratulates the K. & nation, &c., upon the result ; but seems to wish the three gentlemen might be freed from the oath. " Lord Marchmont mov'd the rejecting the biU. " Lord Hardwicke also moves for rejecting." The Lords sent a message to the Commons, desiring them to give leave that such members of the court- martial as were members of that house might attend their lordships, in order to be examined on the second reading of the bill. Accordingly, they and the rest of the court-martial attended, and answered all questions without hesitation. As they did not insist on any excuse, nor produce any satisfactory reason for showing that the man they had condemned was a proper object of mercy, their lordships were of opinion that there was no oc- * Hardwicke MSS., Wimpole. EXECUTION OF ADMIRAL BYNG. 117 casion for passing any such bill, which they almost unanimously rejected. The law was therefore now left to take its course. The unfortunate Admiral maintained great cheerfulness to the last, and exhibited no signs of impatience or fear. From the period of his condemnation to his execution, he remained on board the Monarque, a third-rate ship of war, anchored in the harbour of Portsmouth, under a strong guard, in custody of the Marshal of the Admiralty. On the Mth of March, the day appointed for his execu tion, the boats belonging to the squadron at Spithead being manned and armed, containing their captains and officers, with a detachment of marines, attended this so lemnity in the harbour, which was also crowded with a great number of other boats and vessels filled with spectators. The unfortunate Admiral walked out of the great cabin to the quarter-deck, where two files of marines were ready to execute the sentence. He advanced with a firm and deliberate step, and his countenance was com posed and resolute. He had intended to suffer with his face uncovered, but his friends representing that his looks would probably intimidate the soldiers, and prevent their taking aim properly, he acquiesced in their opinion, threw his hat on the deck, kneeled on a cushion, tied one white handkerchief over his eyes, and dropped the other as a signal that he was ready, when so decisive and effectual a volley was fired, that five balls passed through his body, and he dropped down dead in an instant. The time in which this tragedy was acted, from his walking out of the cabin to his being deposited in the coffin, did not exceed three minutes.* Horace Walpole mentions that a few days before Byng's execution, one of his friends standing by him * Smollett, 118 LIFE OF LORD CHANCELLOR HARDWICKE. said, " Which of us is tallest ?" He rephed, " Why this ceremony ? I know what it means ; let the man come and measure me for my coffin."* Admiral Byng's case is one which, ever since his time, has been made a subject of discussion as to the justice of the sentence pronounced upon him, and as to whether, under the circumstances, it ought to have been carried into eflfect. The grand points urged by those who con tend against the propriety of his execution are, that even supposing him to have been actually guilty of the charges imputed to him, which they deny, no man should be con demned for a mere error in judgment, to which aU are liable, and which is in fact punishing a man for being wanting in those natural faculties, the distribution of which depends on his Maker alone ; — that if any ought to have suffered for his deficiency here, it should have been those who appointed him to an office, the duties of which he was incompetent to discharge ; that he had exhibited bravery, coolness and firmness on other occa sions ; and that he was not deficient in any of these, his death afforded a striking proof; that his character for ability stood high ; that his colleagues in the expedition coincided with him in the course he pursued; that his ships and men were, when he was entrusted with them, in a bad condition ; that his condemnation was rash and cruel ; and that he was in fact a victim to a government which he had exasperated by his letters and strong remonstrances, and which was anxious to divert the stream of popular odium from themselves, who were fully conscious of deserving it, against him ; and that he * To show the recklessness and malice with which this virulent writer pursues Lord Hardwicke on all occasions, in a letter to Sir Horace Mann, describing Byng's death, he adds, " Would my Lord Hardwicke die thus, even supposing he had nothing on his conscience ?" WAS byng's CONDEMNATION UNJUST? 119 fell a sacrifice, not to the calm justice, but to the ex cited feelings of his country. To the several points here stated, which have been, on different occasions, urged on behalf of Admiral Byng, it may be replied, that the error of which Byng was guilty was so palpable as to call forth the remonstrances of his colleagues, during the time of its commission, in spite of which he persisted in his unfortunate career, which was followed by all the disastrous consequences that might have been anticipated, so as to render it a matter of the deepest importance, and produce an absolute necessity for its being noticed with the utmost severity. There is probably little doubt that Byng was incompetent for the post to which he was appointed ; and whether cowardice, want of energy, deficiency of judgment, or whatever else was the cause, it is certain that grievous errors were committed by him ; and that they were, moreover, precisely of the nature contemplated and pro vided for by the act that had been passed. Nor, if the severe penalties prescribed by this law are to be regarded as warnings to inefficient persons not to undertake offices of great importance and difficulty, as well as preserva tives against treachery and cowardice, they might not be altogether unjust; and, viewed in this light, may be but necessary for the protection of the country against improper promotions to high posts being made, which are often no less dangerous than the attacks of open enemies. It is essential here to bear in mind the cala mities to the nation that might ensue from incompetent individuals being appointed to commands requiring great abihty and experience ; and the awful sacrifice which may thus be occasioned, not of one only but of thousands of valuable lives. Admiral Byng was ad vanced to the station in question at his own earnest 120 LIFE OF LORD CHANCELLOR HARDWICKE. sohcitation and through the interest that he possessed ; and which, owing to the distinguished services of his father, was very considerable. The coolness and forti tude which he displayed at his execution can hardly be adduced as proofs of what he would do during an en gagement ; though they may go to show that his mis conduct was more owing to want of judgment than to any perturbation of feelings, by which he seems not likely to have been affected. Byng's colleagues, so far from defending his conduct, were the principal witnesses against him. They only agreed with him as to the measures rendered necessary by his previous errors. The assertion that his ships and men were in bad condition would, if true, be no excuse for his bad management of them, in a manner contrary to the common course; besides which, this defence if it amounted to any thing, was one which he could easily have substantiated, and the benefit of which would have been fully allowed to him. It has been said that his condemnation was rash; whereas nothing could be more deliberate than it was. To affirm that it was cruel and unjust, is only begging the question. Justice is sometimes required to be severe in order to render itself effective. But in this case one tribunal after another was appealed to, yet all con curred in the propriety and the necessity of the sentence. And if, as some have ventured to assert, it is to be con sidered that he was a victim to popular clamour, this is in reality one of the gravest charges against the character, and one of the most foul stains that could be inflicted on the reputation of a great nation, distinguished alike for the justice of its laws, and its purity in the adminis tration of them. Here too, as each judicial branch in the nation had some share in deliberating on and determin- VINDICATION OF BYNG'S EXECUTION. 121 ing this important affair, so on each is the stigma more or less affixed. If the laws, and the administrators of the laws, are unable to protect us against the outbursts of popular feeling on the one hand, or of tyi-annical power on the other, they are of course utterly worthless and useless. But, in the case before us the judges at least were removed from this influence ; and over the House of Lords, or the King, its effect could be but small ; yet all concurred in the justice, and the propriety of the sentence. In some respects, indeed, and those far from unim portant, that of Byng as compared with ordinary trials was even a partial one for the prisoner; he being arraigned before men of his own profession, who would naturally be disposed to shield one of their body, independent of their personal acquaintance with, and friendship for him ; besides which, they would of course be desirous of avoid ing the stigma which his capital conviction and execu tion would cast on their order. The members of such a court as that by which he was tried would, moreover, have the fullest knowdedge of the difficulties he had to encounter, and must feel that unjustly to convict him, and to condemn him for acts that were unavoidable, would be to subject themselves to like danger on emergencies to which they were each liable. Yet, with all this in his favour, he was convicted by this tribunal, and by them unanimously. Nor does the circumstance that most of the members of the court-martial who concurred in the sentence, calculated on a remission of the extreme penalty of the law, at all affect the question as to the justice of it ; though it may do so as regards their own feeling towards the culprit. If they, as the jury, were decisive as to the fact, the judges and those to whom the matter was after- 122 LIFE OF LORD CHANCELLOR HARDWICKE. wards referred were best able to determine as to the law and justice and general merits of the case. Byng's cause was not without espousers, who were men of rank, and influence, and talent, and sound judg ment and energy, and who exerted themselves to the fuU, to see that no injustice was done. Pitt warmly advo cated his case, not only in the House of Commons, but he had personal conferences with the King on the sub ject. Lord Lyttelton also took an interest in his behalf And the services rendered to this country by the un fortunate Admiral's father, and the extensive family influence possessed by his relations, were all to the ut most brought to bear in his favour. On the whole, therefore, his execution must be con sidered as a severe, but by no means more than a strict and just course. But it may be said that this strictness unrelaxed in some circumstances may amount to actual injustice, as law may occasionally be so if thus con strued ; which is in fact acknowledged by calling in the aid of equity to relieve and control it in certain cases. Byng's case differs, however, materially from these in one important respect, that no unforeseen, unprovided-for casualty occurred as in the latter. On the contrary, cer tain specific acts and events were specifically provided for by a particular law. These specific acts and events oc- cuiTed. Is the law not to be carried into force, because it is then thought to be severe ? All the various and dif ferently constituted tribunals to whom the matter was re ferred coincided in carrying out the sentence prescribed. On the 5th of February, in this year, died the Right Honourable Horatio Walpole, Lord Walpole, of Wool- terton, in Norfolk, one of the Tellers of the Exchequer, Auditor- General of the Plantations, one of the Lords of His Majesty's Privy Council, and Fellow of the Royal LORD hardwicke's OCCUPATIONS OUT OF OFFICE. 123 Society. His lordship was elder brother of Sir Robert Walpole, and was very early engaged in the service of his country, having been secretary to the Right Hon. Henry Boyle, then Chancellor of the Exchequer, in 1707, and was never out of employment afterwards till his death. He served in ten different Parliaments of Great Britain, being first chosen in 1708, for Lostwithiel, and was the oldest member in the House ; when His Majesty was pleased to create him a Peer, by the title of Baron Walpole, of Woolterton, in Norfolk. For some time His Majesty refused to ennoble him ; but his repugnance to this step was overcome at last, we are told, mainly " through the zeal of his friend Lord Hardwicke." Lord Walpole's dutiful nephew Horace, writes of him thus : — " My uncle's ambition & dirt are crowned at last ; he is a Peer !" Lord Hardwicke tells Lord Royston in a letter which he wrote to him from Wimpole, on the 7th of April, " Here I am, the world forgetting, by the world forgot, as Pope says ; & so I desire to be, I mean by the world of parties & politics." The biographer of Lord Hardwicke in the Annual Register, already quoted from, says of him, that after his retirement from office — "He still continued to serve the pubhc in a more private station, though he had it in his choice, both in the last and present reign, whether he would again fill other public offices of high dignity. " His attendance at council whenever his presence was necessary; at more private meetings whenever his opinion was desired ; in the House of Lords upon every occasion where the course of public business required it ; were the same as when he filled one of the highest 124 LIFE OF LORD CHANCELLOR HARDWICKE. offices in the kingdom. He had a pleasure in giving the full exertion of his abilities to the State without expect ing or receiving any emoluments of any kind whatever ; and he seemed only to have quitted the laborious details of the Chancery, that he might be at more leisure to attend to such parts of the public service as were of more general use to the community." In the MS. correspondence of the celebrated Miss Ca therine Talbot, who was a friend of Lord Hardwicke, and who is occasionally mentioned in his letters, is the following account of the ex-Chancellor after his retire ment from his laborious office : — " The person who seems least to have felt the change is himself, and, indeed, although I expected every thing good and great from his turn of mind, I hardly thought any one could have quitted a high station, and changed a life of business, which had grown into a forced habit, for one of great leisure, with such thorough ease and cheer fulness. He seems very happy in his liberty ; has dined about with his family, and visited like an idle man ; was at the concert here, and in as good spirits as ever I saw him. He has, indeed, had the satisfaction of finding the regard formerly shewn him was not paid merely to his place, since he was never so much visited or compli mented as since he resigned."* The subjoined anecdote is also related of him. " A curious circumstance happened the first time Lord Hardwicke went to court on a levee day, after having resigned the seals : on advancing near the person of the King, and conversing familiarly with several of the mi- * Quarterly Review. THE KING AND THE EX-CHANCELLOR. 125 nistry about him, in the manner he had been accustomed to do, but appearing as a private gentleman, without his gow^n and the purse, the usual insignia that had accom panied him in his office of Chancellor, the King abso lutely did not know him, and asked the lord then in waiting who that gentleman was, when being told it was the Earl of Hardwicke, His Majesty's late Chancellor, the King was quite surprised at his own want of recol lection of one who had been in the habit of attending him near twenty years together, and immediately accosted his lordship with a smile, and made him a very obliging apology upon the occasion; the observation of which was a matter of pleasantry to all the company then in the drawing-room."* The circumstance here mentioned is more particularly described in Miss Talbot's correspondence already quoted from: — " Lord Hardwicke was much diverted with the King's looking at him the first time he went to the levee after giving up the seal, and knowing him no more in a commor coat, and without the Chancellor's wig, than if he had never seen him. The lord in waiting observing this, told His Majesty, ' Lord Hardwicke was there ;' but this was a name, the King did not know the sound of, and had no ideas annexed to, and only brought out the usual cold question, (most happily applied just then,' of ' How long had his lordship been in toivn V His Majesty was himself amused with the oddness of his mistake when he found it out, which was not till he had retired ; and he afterwards told Lord Hardwicke, at the drawing-room, that having been used for above thirty years to see him in so different a dress, — indeed never * Cooksey's Memoirs. 126 LIFE OF LORD CHANCELLOR HARDWICKE. having seen him out of it before, — he had not the least knowledge of him." * The Duke of Newcastle, in a letter to the Earl of Hardwicke, from Claremont, on the Sth of April, wrote as follows : — " By the following account of the King's present dis position towards me, & His Majesty's reason for it, as well as those repeated by Mr. Fox, your lordship will not be surprised at the very gracious reception which you had at court, where, I hear, the King looked for you, when you stood behind in the crowd. The King told my Lord Waldegrave, that he had more reason to be angry with the D. of N. than with my Lord Hardwicke. That my Lord H. had been explicit ; then he did not care to accept the great seal ; that the King did not blame him. That he wished that Lord Anson might be restored, which His Majesty thought was not proper. That if the D. of N. came in. Lord St. would come to the cabinet council, & that Lord Hardwicke had promised to support him. The D. of Devonshire confirmed to me, that this was His Majesty's present opinion. I assured his Grace, that your P had concurr'd with me in every thing which I had said upon this subject. Mr. Fox was more par ticular. He said, ' Then, my Lord Hardwicke has assured the King, that his lordship, his family, & his friends would support the King's measures.' I see the view of these little arts. I always expected them. They are aggravated by the Duke to the King, not to serve you, but to lay the load heavier upon me. And I beg it may not give your lordship one moment's uneasiness His Majesty, in almost all the conversations, makes the * Quarterly Review. DUKE OF NEWCASTLE AND LORD HARDWICKE. 127 distinction between your lordship & me, & said particu larly to Lord Hf^, ' I shall see which is king of this country, the D. of N. or myself " The Duke then went on to discuss the propriety of their rendering their support to the present ministers ; on which he says, — "If we support these men & measures, both will un doubtedly, (for a time at least,) succeed. We then in volve ourselves not only in the unpopularity, but even in the inconveniencies & mischiefs that may arise from the present system, & to the pubhck. It is the same as if we were parties to the administration, for without us, this administration at present cannot go on. And, if that was a consideration, we should make ourselves equaUy obnoxious in all places," He submits, therefore, that a middle course will be most expedient, but desires the Earl of Hardwicke to advise him here. " I was determined to fling out every thing to your Lordship, upon whose advice, {when you will give it me thoroughly,) L depend more than upon all the rest of my friends put together," His Grace states, in a postscript to this letter, that he has just had an intimation — "That the Princess of Wales, Mr. Pitt, & Lord Tem ple, were ready to join with me, that there was nothing else for it, & that Lord Temple thought that this was the time." In a second postscript, he adds, — " All accounts from the city agree that there is a most 128 LIFE OF LORD CHANCELLOR HARDWICKE. extraordinary ferment there, upon the present dispo sitions at court. They say, they look up to us to pro tect them from the ill consequences which they appre hend from them. It is probable that that spirit wiU spread, & if that should be the case, & Leicester House should be pressing for us to take some part, it wiU be necessary to come to some resolution." * The letter which follows describes the parliamentari proceedings on the introduction of the Militia Bill intc the House of Lords, on which occasion Lord Hardwicke appeared as a prominent actor. " London, Apr, 26, 1757.t " The Militia Bill was read the second time on Wednesday last ; bui Lord Chesterfield, who had prepared himself for an attack upon it was prevented by a slight indisposition from being present. The com' mitment of the bill was moved by Earl Temple, who remarked that the objections made to that of the last session were obviated in this, and hoped that His Majesty's recommendation of such a bill, at so critical a situation of affairs, would have its due weight. Lord Hardwicke answered that the bill was altered in several respects from the previous, yet the alterations did not extend to those capital points which had been the ground of his exception." The newly-formed ministry was now, however, found too weak to last. In his distress the King sent for Lord Waldegrave, and commanded him to accept the office of First Lord of the Treasury. The pubhc was not more astonished at that proposal than the earl himself He declined as long as modesty became him, but en gaged with spirit the moment he felt the abandoned state in which his master and benefactor stood. | Lord Waldegrave § states that — "On the morning of the llth June, Lord Chief Justice Mansfield * Hardwicke MSS., Wimpole. t Dr. Birch's MS. Collect., Brit. Mus. X Lord Chatham's Correspondence. § Memoirs. LORD HARDWICKE REFUSES THE CHANCELLORSHIP. 129 was ordered to be at Kensington. The reason assigned was that he should deliver back the Exchequer seals, which had been in his posses sion from the time of Legge's resignation ; but the real business was of a different nature. The King discoursed with him a considerable time in the most confidential manner, and the conversation ended by giving Lord Mansfield full powers to negotiate with Pitt and the D. of Newcastle, His Majesty only insisting that Lord Temple should have no employment which required frequent attendance in the closet, and that Fox should be appointed Paymaster, which last demand did not proceed from any present partiality, but was the fulfilling of a former engagement. Before the final resolution was taken, His IMajesty thought proper to take my advice. I told him I was clear in my opinion that our administration would be routed at the opening of the session ; for that the D. of Newcastle had a considerable majority in the House of Commons, whilst the popular cry without doors was violent in favour of Mr, Pitt." In a letter to Sir Horace Mann, dated June 1, 1757, Horace Walpole says — " Lord Hardwicke refuses the seals ;* says he desires nobody should be dismissed for him ; if President or Privy Seal should by any means be vacant, he will accept either ; but nothing till Lord Anson is satis fied, for whom he asks Treasurer of the Navy." Horace Walpole also mentions — " The seals, had heen offered to Murray, and to the Master of the Rolls, who refused them ; and to Willes, who proposed to be bribed by a peerage to be at the head of his profession, but could not obtain it. Henley, however, who saw it was the mode of the times to be paid by one favour for receiving another, demanded a tellership of the Ex chequer for his son, which was granted, with a pension of ^'1500 a year till it should drop ; and, as if heaping rewards upon him would disguise his slender pretensions. Lord Hardwicke told him he must be Speaker of the House of Lords too, for Westminster Hall would never forgive him, (Lord Hardwicke,) if he suffered those offices to be disjoined. Sandys and his son were both laid aside. Hardwicke him self took no employment."f In a postscript to a letter written by the Duke of * This peculiarly incorrect narrator probably meant the Great Seal, f Memoirs. VOL. III. K 130 LIFE OF LORD CHANCELLOR HARDWICKE. Newcastle to the Earl of Hardwicke on the 4th of June, the following intelligence is contained, highly flattering to the ex-Chancellor, and which surely of itself affords a refutation of Lord Campbell's sneer against Lord Hard wicke, that he was at this time again hankering after the Great Seal, and "speculating on his own return to office."* " I have had my audience, which passed in every respect extreamly well, in manner ; &, to judge by appearances, every thing there would go well "We ended with great politeness, & more seeming openness than ever. He lamented much, (as he said the P. of Wales did,) your lordship's resolution not to take the Great Seal again. That you was the only proper man for it; & talked upon y'^ 1?'^ subject, as I c*^, & always do."f The two pithy epistles subjoined were on the same day addressed by the King to the Duke of Newcastle, relative to the ministerial negotiations then in progress, "June4th.X "I have no objection, my lord, to your seeing Lord Bute. But I pray you to consider my promise to Fox. If Pitt will come in, with a great number of followers, it is impossible you can direct the administration ; & I know that, by inclination, he will distress my affairs abroad, which are so enough already. " I shall be glad to see you on Monday; & with a resolution to come in and support my affairs. " George R." "My Lord,§ — ^When I received your letters I had just got my letters, which made me, in the hurry, forget * Lives of the Chancellors. t Hardwicke MSS., Wimpole. J Ibid.; copy. § Ibid. EARL OF HARDWICKE AND LORD MANSFIELD, 131 to return your letter, I wish you may find them more reasonable than I expect it. But I very much doubt, by what I know of them, that you will meet any reason withe these impracticable people. " George R." The letter which follows was written by Lord Chief Justice Mansfield to the Earl of Hardwicke on the llth of June, in which he gives an account of his audience with the King on that day. "Saturday, 4 o'clock.* " My Lord, — I am just come from Kensington, where I was by order to deliver the seal, & Mr. Fox was there to receive it. Upon my going into the closet, the King did me the honour to talk to me of the present melan choly situation, & bid me tell him what I thought. I did so very sincerely, & made a great impression. The result was, that I have brought the seal back, and am to speak to the D. of N. & y'' I'p. By good luck I met the D, of N. at Hyde Park corner. I stopped II Rocking ham's resignation, which I never approved of; he fol lowed me home, & now tells me that he stopped the D. of Rutland. I am at this moment going to Guildhall, & give y'' I'p this trouble to know w"" I may wait upon your lordship if I get back before ^ an hour after 10. " I beg your lordship wou'' not take the trouble to write, but to send me word how late I may venture to come if y' I'p is to be at home to-night. " I have the honour to be, " With the greatest respect, " Y'' I'p's most obliged, hu. servant, "Mansfield," In the next letter, which is from the Earl of Hard- * Hardwicke MSS,, Wimpole. K 2 132 LIFE OF LORD CHANCELLOR HARDWICKE. wicke to Lord Royston, we have an account of Lord Mansfield's interview with the ex-Chancellor, and of the progress of affairs up to this period. "Powis House, June \2th, 1757.* " Dear Royston, — This is a season fertile of new events & extraordinary motions, whether owing to the approach of the comet or not I can't tell. At dinner yesterday my Lord Mansfield sent me a short note of what I am going to relate, & said he wou'' come at night to tell me the whole ; but being detained at Guildhall, by the trial of Adm' Knowles's cause, till one this morning, cou'' not come till this forenoon. The fact is, that he attended yesterday noon at Kens", by order, to deliver up the Exchequer seal, & Mr. Fox was there to receive it, as were the D. of Bedford, Lord Gower, the Duke of Devonshire, Duke of Marlboro', Lord Win- chelsea, &c., to grace the ceremony. Upon his coming into the closet the King unexpectedly talked to him of the present melancholy situation, & bid his lordship tell him what he thought of it. Lord Mansfield told the King 'twas an affair quite out of his province, but if His Majesty commanded him, he wou'' tell his opinion very sincerely, & wou'' not deceive him unless he was de ceived himself He then told the King very plainly that he was of opinion that the scheme he was going upon wou'' not do, cou'' not carry on his affairs, but would end in greater confusion. He supported this shortly with reasons, as he related them, very honest, & I think unanswerable. The result was, that the King ordered his lordship to carry the seal back again with him, & speak to the Duke of Newcastle & to me, Mr. Fox went into the closet immediately afterwards, & was surprised to be told this in a whisper as he passed along * Hardwicke MSS., Wimpole. THE KING AND LORD HARDWICKE. 133 to the closet door ; & the good company attending in the ante-chamber were amazed, as you may easily ima gine the whole court was. This new remove stopt, (as it ought,) the Marquis of Rockingham's & the D. of Rutland's resignations, who were all attending for that purpose ; & the Duke of Bedford went to Woburn yesterday evening, in wrath, as I am told. The King complained & lamented much, & appeared greatly em barrassed, but spoke well of your humble servant. I went to-day to the drawing-room at Kensington, where His Majesty, (tho' grave,) was very civil to me. He spoke to me twice, & the last question he asked seemed to have a meaning. Shall you stay in town some days, my lord 1 Yes, Sir, it is my intention ; I shall not go out of town for some time. What all this will end in I cannot forsee. If Mr. Pitt, &c,, take it in a reasonable & candid way, it may have a good effect ; if not, these retrograde steps may make them more tenacious of their demands. I am at present at a loss how the negociation is to be resumed, for no one concession has yet been specified. The D. of Newcastle will be in town to morrow morning, & I intend to see him as soon as he comes. Pitt is not yet in town. My most affectionate compliments attend my Lady Marchioness & the dear little girls. " I am, " Yours most affectionately, " Hardwicke. " The jury gave Knowles £1000 damages, so he has at last got a fortune with her," " On the 15th of June," says Horace Walpole, " the King wrote a note to Lord Hardwicke, desiring him, in consideration of the state of affairs, both at home and abroad, to hasten some administration that might not be 134 LIFE OF LORD CHANCELLOR HARDWICKE. changed again. Lord Hardwicke promised to wait on His Majesty on the 17th with some plan, but the next day desired a day longer." The Earl of Hardwicke, however, had an interview with his royal master, and on this occa sion His Majesty appears to have betrayed great agita tion ; for in a letter written by the King to the Duke of Devonshire are the following expressions, as recorded by Lord Hardwicke, in a memorandum, and extract in his own handwriting from the royal epistle : — " When Lord Hardwicke was with me to-day I was so heated, and in such a passion," &c. The Earl of Hardwicke, in the following letter to Lord Anson, which was sent to him at Bath, by an express, gives the full particulars of the transactions relative to the formation of the new administration, and of the ex- Chancellor's share in them, which will be read with interest : — "Powis House, June \9ith, 1757.* " My Dear Lord, — You will probably be surprised at receiving this letter by a messenger from me, but it will make me more happy than ever I was in my life, if the subject of it shall be as agreeable to your lordship as it is to me. " You have heard how the administration projected under Mr. Fox failed on this day sev'night, just as it was on the point of being executed, and he was going into the closet to receive y^ Exchequer seal. " On Tuesday night the King, by the Duke of Devon shire, ordered me to attend him on Wednesday. I have since had the honour of several audiences of His Ma jesty, some of y"" most uneasy & painful ones, tho' with* any anger against me. My first orders were for y^ Duke of Newcastle & me to nejotiate some settle- * Haiduicke MSS., Wimpole, LORD hardwicke's AUDIENCES WITH THE KING. 135 ment of an administration with Mr. Pitt and his friends, under certain restrictions, from w"'' His Majesty declared he would never depart. " In y*^ course of my audience, I told His Majesty that I coii take no part at all unless some hon'''^ regard was shown to your lordship, tho' I co'' not just then point out y® particular thing ; that I had acquainted the gentlemen with whom we had conferred with it, & had formerly humbly conveyed the same thing to His Ma jesty, which y® King admitted. In his subsequent dis course, His Majesty, in aggravating y'' inconveniencies y* wC" arise from this plan, told me with warmth y* re signations had been talked of, but in y" way we were going there wo'' be resignations enough, for y* my Lord Winchelsea was in the next room, in order then to come into his closet to quit. I instantly saw that this might furnish some convenience, but kept it in reserve. Sometime aftel-w''^ when I produced my list, which he read, the King objected to Mr. Legge being made a peer and First Lord of Admiralty ; that he was deter mined not to do two great things for one man, especially him, & in this he was peremptory. I then threw y'' lordship in his way, but y* I did not know what y" other persons wo'' say to it. His Majesty replied quick, / shall like it extremely, " When I told this to y" Duke of Newcastle, it made him vastly happy ; & when I repeated it in the evening at the meeting of aU y" four, my Lord Bute & Mr. Pitt received it with the greatest pohteness. Lord But: broke the ice first, & declared his particular respect for your lordship, & did great justice to y"" character, & declared y* ' he knew him to be y^ spirit of y^ place he belonged to.' Mr. Pitt said he had only waited to hear what Lord Bute sho'' say, & most readily concurred 136 LIFE OF LORD CHANCELLOR HARDWICKE. in the same sentiments. In short, it ended so y* all of us four plenipotentiaries agreed that your lords^ sho^ be again at y"* head of y" Admiralty, if y" King cont* in y' same mind, & Mr. Legge have his old office of Chanc"" of the Exchequer, which he had formerly professed to like better than any other place. " I have been negotiating some time upon other points, & had a most uneasy & fatiguing -life. How ever, at last y^ whole was settled, & I carried the King y® plan in writing this day at noon. The three great points w"'' the King made his sine qua non were, y* he wo'' perform his promise for Mr. Fox to be Pay master ; y* there sho'' be no changes in y^ Secretary at War ; & your lordship be at y" head of y^ Admiralty. When I told His Majesty y* we had brought it to this, y* all those points were agreed to & humbly yielded up to his pleasure, I never saw such a change in man ; he said at once — Then this thing is done, <§-, tny lord, I thank you heartily. He is in haste to carry it into execution immediately ; &, indeed, it must be very soon. " I can't send your lordship y"" paper, for y^ King kept y" original, & I have got no copy. The great lines are Mr. Pitt to be Secretary of State ; Lord Temple a Cabinet Council place ; y^ Duke of Newcastle First Lord of y^ Treasury ; your lordship at y^ head of y® Admiralty, & Mr. Fox Paymaster. " Thus your lordship is called again to y* great office , by y" King's earnest desire, y'= united voice of y^ leaders of all parties, & y" concurrence of Leicester House, tho' that must not be talked of In other circumstances you might not so well like y" inferior lords who are to be with you, w"'' are those who were turned out at Easter. You know that Mr. Pitt, &c., made restitution their MINISTRY RECONSTRUCTED BY LORD HARDWICKE. 137 point, & besides wanted to provide for their friends who were at y* board, & therefore there was no possibility of altering it. But I hope in y^ present case you will make no difficulty ab* that. Indeed, my dear lord, this unex pected event, w°'^ I have used some honest dexterity in bringing ab*, is y" greatest thing for y^ King's peace ; for y'' credit of his old administration ; & for your own honour. It does, by their own admission, give y^ lye to all y^ calumnies y* have been raised ; it contradicts all which they had said on y"' enquiry, (tho' we don't openly talk in y* stile yet) , & confirms y^ issue of y* enquiry to be a total justification. The King sees it in y* light, & therefore is prodigiously pleased with it. This is the light in w°'^ it ought to be seen, & y'= unanimity of y^ Royal Family upon it is a most happy & inviting cir cumstance. This, I am confident, will make your lord ship overlook all lesser circumstances, w"^** a little time & opportunity may correct. I have privately intimated to Lord Bute & Mr. Pitt that one of their Com" of y'' Admiralty might be changed, upon being otherwise pro vided for. They have agreed to y^ reasonableness of this ; & you know y° Duke of Newcastle had formerly proposed Mr. Stanley, who will be useful to you in the House of Commons ; so will Elliot, who I dare say in 6 weeks time will be as much yours as theirs. Besides, I am told y* it is probable Adm' Forbes may not accept, & if so it will make room for Sir Edw'' Hawke, or any other man we shall approve. " This is y^ state of y' case, & when I look back I stand amazed at y" sudden change. All our friends are in raptures with it ; y" court in general pleased, & y" town more so. It is looked upon as y^ strongest admi nistration y' has been formed many years, & by good conduct it may be so. 138 LIFE OF LORD CHANCELLOR HARDWICKE. " I am glad to hear y* y^ waters have agreed with you, but you must interrupt them for a few days, &, in obe dience to His Majesty's commands, set out immediately, & be in town as soon as you can without prejudicing your health this hot weather. " I am to see the King on Monday, who will ask me if I have sent for you. " The Duke of Newcastle sends your lordship his most cordial comp*^ & congratulations. But his Grace & I, & all your friends, exhort your lordship to make no difficulties, & to let us see you as soon as you arrive in town. " The messenger waits, & will bring you a letter from dear Lady Anson, who knew not one word of this matter till since I had settled it finally with the King this day. Adieu, my dear lord, & believe me most affectionately, " Ever your's, " Hardwicke. " The Duke of Devonshire is vastly pleased with this. And I have reason to think Fox is so at present. " Lady Hardwicke & all your fiiends of this family send you their affectionate compliments & congratula tions." The correspondence which follows passed on this oc casion between the Earl of Hardwicke and Mr. Pitt. The fiist letter is from the ex-Chancellor to the " Great commoner." " Powis House, June 22nd, 1757.* " Half-past eleven. " Sir, — Since I had the honour of seeing you last, I have talked, by way of sounding, in the best manner I could, to all the three persons who can now come under consideration in the disposition of the Great Seal. I think I see clearly the way of thinking and inclination of them all, which differs very little from the conjectures which we had formed * Correspondence of tbe Earl of Chatham, EARL OF HARDWICKE AND MR. PITT. 139 concerning them. It is now so late that if I should have any chance of finding you at home, I should only put you in danger of being out of time for the levee. Considering that this will be no day of business, I take it for granted that it will he the same thing if I give you the de tailed account at night ; for the Duke of Newcastle tells me, we must have a meeting this evening, where I will be at your service. In the meantime, as my pleureurs keep me from court, I will go and dine with my son at Richmond, and not fail to be back time enough for any hour you will meet me at. Indeed, I am very desirous that we should meet this evening, for precious moments are lost, and not innocently wasted, but to the detriment of that great and useful system which we are labouring to establish. " I am most sincere and zealous in my endeavours to bring about what you so much vrish for, a present arrangement of the Great Seal ; but I see vast difficulties attending it. I am, with the greatest re spect. Sir, " Your most obedient and most humble servant, " Hardwicke." The next letter is also from the Earl of Hardwicke to Mr. Pitt. " Powis House, June 25th, 1757.* " Saturday Night, •' Dear Sir, — However improper for a private man, yet majoris fugiens opprobria culpce, I did, in compliance with your commands, and those of our other friends who met on Thursday night, attend the King to-day, in order to know if he had any orders for me relating to the dis position of the Great Seal. I found His Majesty very grave and thoughtful on the news which came last night, but calm. He soon entered into matters ; and it is unnecessary, as well as hardly pos sible, to give you the detail of my audience in writing. His Majesty expressed his desire to settle his administration on the plan fixed, but thought there was no necessity of making a hasty disposition of so im portant an office as the Great Seal an immediate part of it. However, the result was he absolutely refused to give a peerage with it, which I think puts my Lord Chief Justice Willes out of the case ; for his lord ship not only told me before, but has since repeated, that the peerage is with him a condition sine qua non, I see the King inclines more to Mr. Attorney-General ; and when I stated to His Majesty what I collected • Hardwicke MSS., Wimpole; Correspondence of the Earl of Chatham. 140 LIFE OF LORD CHANCELLOR HARDWICKE. or .conjectured to be his views, he hearkened, and at last bade me talk to Sir Robert Henley, reduce his terms as low as I could, & bring them to him in writing on Monday. " Since I saw my Lord Chief Justice Willes, I have seen Sir Robert Henley, who talks very reasonably and honourably. His proposals are : — first, a reversionary grant of the office of one of the tellers of the Exchequer to his son for life ; second, a pension of ^61500 per annum on the Irish establishment to Sir Robert Henley himself for life, to commence and become payable upon his being removed from his ofiice of Lord Keeper, and not before ; but to be determinable and absolutely void upon the office of teller coming into possession to his son. My present opinion is, that the King may be induced to agree to this on Monday ; for when I hinted in my discourse, at a pension upon Ireland, though His Majesty treated it pretty severely at first, yet when I stated the several contingencies in which it might, in this case, never become any real charge upon the revenue, he said, of himself, that made the case diff'erent, " I found to-night, by my Lord Chief Justice Willes, that he is to go to Kensington on Monday, to get some warrants signed ; and thinks that either the King may speak to him, or that he may say something to His Majesty on this subject ; but I am persuaded that wiU have no effect, unless he gives up the peerage, which I am of opinion he never will. If the affair of the Great Seal should be settled on Monday, in the person of Sir Robert Henley, as I conjecture it will, I see nothing that can obstruct your beginning to kiss hands on Tuesday. For God's sake. Sir, accelerate that, and don't let any minutiae stand in the way of so great and necessary a work. I long to see this scheme executed for the King's honour and repose, the harmony of his royal family, and the stability of his govemment. I have laboured in it zealously and disin terestedly ; though without any pretence to such a degree of merit as your politeness and- partiality ascribes to me. I see with you, that attempts are flying about to tarnish it ; but, if it is forthwith executed on this foot, those will all be dissipated in the region of vanity, and instead of a mutilated, enfeebled, half-formed system, I am persuaded it will come out a complete, strong, and well-cemented one, to which your wisdom, temper, and perfect union with the Duke of Newcastle will give durableness. In all events, I shall ever retain the most lively impressions of your great candour and obliging behaviour towards me, and continue to be, with the utmost respect, dear Sir, " Your most obedient, and most humble servant, " Hardwicke." NEW LEGAL APPOINTMENTS. 141 The following is Mr. Pitt's reply to Lord Hardwicke's letter of the 22nd of June : — " Whitehall, June 26th, 1757.* " My Lord, — Give me leave to return your lordship many thanks for the honour of your letter, and for the trouble you are so good to give yourself in relating what passed in your audience concerning the Great Seal. I think it is pretty evident that no material difficulty re mained with His Majesty, on the subject of Sir Robert Henley, when your lordship left the closet, but I am sorry, I own, to find a word, (at most but specious, when applied to a disposition of the Great Seal, too long unsettled,) I mean, a hasty arrangement of it, as a part of the present system, made use of by the King on this occasion. Something of the same sort was mentioned by the Duke of Newcastle when I last had the honour to meet at Newcastle House, and at the same time a visible indetermination of mind appeared in his Grace, with regard to Sir Robert Henley, in whose person the greatest ftness ani facility both seem to meet. I trust however that your lordship will be able finally to settle the seals for Sir Robert Henley, on his own terms (which are certainly reasonable), on Monday ne.xt, and that Mr. Pratt may be im mediately appointed Attorney- General. " I should be very sorry that any minutiae should retard the execu tion of a plan, which every hour is growing more distasteful, and yet every hour becoming more necessary for the King and kingdom ; but when it is considered what mutilations and changes, in essentials, the paper of arrangements has undergone, I trust your lordship will be of opinion that it is quite necessary for me to see what little remains of the system proposed, go into execution at one and the same time. On that foot, I am ready, any day, to begin to take my part, whatever ¦forebodings of mind I carry about me. My fears are too various to trouble your lordship with, and the single hope and confidence I can place, too sincere & unalterable to become frequent repetition, and wear the air of compliment. I have the honour to be, with the greatest truth and respect, "Your lordship's most obedient, and " most humble servant, "W. Pitt." Thus the ministry was settled, and kissed hands on the 29th. • Hardwicke MSS., Wimpole. 142 LIFE OF LORD CHANCELLOR HARDWICKE. "The negotiation between Mr. Pitt and the Duke of Newcastle," says Mr. Thackeray,* "which was com menced by Lord Mansfield, was concluded by Lord Hard wicke, and a ministry at length satisfactorily arranged." Lord Waldegrave states,! — "On the day they were all to kiss hands, I went to Kensington, to entertain myself vrith the innocent, or perhaps ill-natured amusement of examining the different countenances. The behaviour of Pitt and his party was decent and sensible ; they had neither the insolence of men who had gained a victory, nor were they awkward or disconcerted, like those who come to a place where they know they are not wanted." Lord Lyttelton wrote to Lord Hardwicke, after the ministerial arrangements had been completed, expressing his acquiescence in them, and acknowledging his obli gations to Lord Hardwicke for the peerage which had been conferred upon him, at the solicitation of the latter, on the dissolution of the administration of which the Earl of Hardwicke was the Chancellor : — " If my health will permit me, I shall go to-morrow into the country, with a heart more at ease than if this new arrangement had brought me into the cabinet. That L had secured my great object before, I owe to your lord ship's friendship, & shall ever retain the sentiments due to such an obligation. But I must equally feel the D. of Newcastle's neglect of me, both then & now. However, I beg your lordship to assure his Grace, in my name, that I am as happy in his return to power, & shall sup port his administration with as much zeal & attachment, as if he had shewn me the greatest regard. I really think it is the best ministry that could be formed in our circum stances Adieu, my dear lord, & be assured * Life of Lord Chatham, f Memoirs, LORD HARDWICKE AND LORD LYTTELTON. 143 you have not a more devoted friend, or one who loves & honours you more than, &c. " Lyttelton."* The foUowing letter from Lord Hardwicke to Lord Lyttelton, giving an account of the new ministry, and of the ex-Chancellor's share in the formation of it, will be read with interest. The opinion which he expresses as to the legal appointments made at this time, and of some of those promoted, deserves attention. The part which Lord Hardwicke took on this occasion, respecting his son, Mr. C. Yorke, is here stated. "Powis House, July 4th, 1757.t " My dear Lord, — Though I was much mortified by being de prived of the pleasure of waiting on your lordship the day before you left the town, yet I was extremely obliged to you for your very kind letter of that night. It breathes all that generosity of public-spirited- ness which has been so remarkable in your lordship's conduct, however uncommon it may be in the present times. The merit which your partiality gives me I have not the vanity to ascribe to myself, though in all respect and friendship to your lordship I have not nor shall ever fail. At the same time, I cannot help feeling much concern at the im pression which you seem to retain of some neglect in the D. of New castle towards your lordship. How the case stood in the beginning of last November, I have formerly acquainted your lordship with great truth and exactness ; and in justice to his Grace, beg leave now to inform you, with equal truth, that, in the new arrangements lately made, it was not in his power to include you. I am intimately acquainted with the high value and esteem which my Lord Duke has for your lordship ; but, to my certain knowledge, there were not employ ments enough to satisfy such demands as were necessary to be complied with, in order to come to any settlement, and, consequently, none in any degree agreeable to your lordship's rank could be made practicable. Time and opportunity may afford new openings, wherein I hope what is now amiss will be corrected. In the interim, the candour, indul gence, and confidence of our friends must be hoped for, and relied * Hardwicke MSS., Wimpole, t Ibid. ; Phillimore's Life and Correspondence of Lord Lyttelton. 144 LIFE OF LORD CHANCELLOR HARDWICKE. upon. I rejoice to find your Lordship so clear in your opinion, that this administration is the best that could be framed under the present circumstances. As to the share I have had in the transaction, I never directly interposed till I had the King's positive orders from his own mouth ; and ever since that time I have anxiously laboured to procure some quiet to His Majesty, and some settlement for the public. How far my part has been wise or politic I will not pretend to judge ; but sure I am, it has been honest and disinterested. I have thrown aside every private concern or partiality of my own ; for, as to the restitution of Lord Anson, it was the King's own option, and one of his three points sine quibus non, I gave up for my son Charles a point of profes sional honour, by letting Mr. Pratt be put before him as Attorney- General, in order to finish and to prevent things training into a length which the circumstances of the King's affairs would not endure. This has been brought about by the disposition of the Great Seal, which I believe was the only thing in the arrangement not settled when you went out of town. My Lord Mansfield and the Master of the Rolls, were too prudent to listen to it in the present situation ; the King would not give a peerage with it, which put my Lord Chief Justice Willes out of the case, so that it has fallen into Sir R. Henley's hands, with the style of Lord Keeper. In other parts of the terms, the King has been very gracious to him, for he has granted the reversion of a Teller's place to his son for life; and given him a pension of ^1500 per annum on Ireland, to commence and become payable only in the case of his becoming removed from the Great Seal before the Teller's place falls in possession to his son, and to be absolutely determined whensoever that place shall come into possession. I look upon this as the best disposition that could be made at present, and much better approved in Westminster Hall than a commission, which is always dis liked, and should never be continued long. Sir R. Henley has abihties and law, and I hope will do very well, if his health admits of it. One thing I am sorry for, which is, that your countryman and my friend, my Lord Sandys, seems to be much dissatisfied with it, especially as no place has been yet found for him, which he says was promised. But his Lordship knew his commission to be only temporal and pro visional, hardly to be expected to continue so long ; and I hope any promise, which was then made him, (though I was not privy to it,) will be made good to him. " This disposition of the Great Seal not only made way for Mr. Pratt, but also for another favourite object of Mr. Pitt's, in representing the city of Bath, whereof he was very ambitious. In order to it, he DISPOSITION OF THE GREAT SEAL, 145 has taken that little stewardship, which you see in the votes, to vacate his seat ; for no new Secretary of State having been appointed in his room, nor his commission revoked, he found himself in the case of Mr. Pelham, upon the resignations of 1 745, and could not have a new patent. " Thus things are settled for the present, and some calm and better humour restored. Happy it is that they were settled before the bad news came of the King of Prussia's defeat, which I only refer to, and cannot bear to enlarge upon. Had the King then remained without any ministry at all, it would have vastly increased his inquietudes, and caused the greatest confusion ; and besides, I fear the terras of the new settlement might have been greatly raised Indeed, the fear of some bad success was one material ingredient with me to hasten to a conclu sion ; and I was further of opinion, that it was necessary for His Majesty's service to constitute his administration of such persons, and to put so much of the popular mixture into it as might be able to sustain some bad success, at least for the present. I say for the present, for what is unsuccessful can never be long popular. " I hope to hear that the air and exercise and amusements of Hagley have re-established your Lordship's health ; and that the History of Henry II. will receive its completion this summer. I was so delighted with the last, which your goodness indulged me with, that I eagerly long to be entertained with the entire piece. " I am, with the greatest truth and respect, " My dear Lord, " Your Lordship's most obedient and faithful humble servant, " Hardwicke." Lord Lyttelton's reply to the Earl of Hardwicke is as follows : — " Hagley, July y' 7"', 1757.* " My Lord, — I have a thousand thanks to return to your lordship, for having written me so long a letter in such busy times. For though you are not in the administration, I thank God you are not out of business. The loss would have been too great for the pubhc if you had ; but I know you will be consulted by the Duke of Newcastle, and I hope by the new ministers, as much as if the great seal was still in your hands ; and, indeed, though I entirely agree with your lordship, that, in the present state of things, some popularity is necessary in the administration, there is still more need of wisdom. Nor are these times that will allow your lordship to retire from the service of your * Hardwicke MSS., Wimpole. VOL. III. L 146 LIFE OF LORD CHANCELLOR HARDWICKE. country : your moderation and prudence may make you decline coming into employment, but your virtue will forbid you to withhold from the King the benefit of your counsels. " As for me, my lord, I am at liberty to enjoy that retreat which my own temper makes agreeable, and which your lordship's friendship has made honourable to me. The sense I have of His Majesty's goodness upon that occasion, would have obhged me not to refuse the taking any office, how uneasy soever, to which he had called me in such a con juncture ; hut I think it a happiness not to be called. So far was I from having any demands of that nature to embarrass the Duke of New castle with in his negotiation, that I had not even a wish for myself. I am of your lordship's opinion, that, had I desired it, he could not have done anything for me at present ; but he might have expressed a desire to do it, and I think that he should. Half of that which your lordship has said to excuse him, had it been said by his grace, would have satisfied me ; but to have been quite overlooked by him in such a transaction, when every other friend that he had was consulted, and every interest of theirs was considered vrith the greatest attention, is a mortifying distinction, and such as I think my behaviour to him has never deserved. " I am glad that your lordship approves of the disposition of the great seal. The appendixes added to it are very considerable, and show the spirit of the times. Sir R. Henley has generally been thought a man of good parts, and the opinion of his ability will not be diminished by his having annexed such conditions to such an advancement. But the remembrance of your lordship in Westminster Hall will be a diffi culty and disadvantage to him, which he will find very hard to surmount. Lord Sandys' dissatisfaction will be of little moment, and he will come into good humour again as soon as any thing can be done to compensate this loss. " Your lordship's prudence in having procured us a settlement of the ministry before this ill news arrived, can never, I think, be sufficiently praised. Confusion at home would have doubled the mischief, and made it remediless. We have now all the strength that this country affords, and perhaps the opinion of more than there is, (which may be of great use,) to help and support us. I pray God it may hold together, at least till the storm that hangs over our heads is a httle cleared up ; after that, if ambition and faction divide us, it will not be so fatal. " I thank your lordship for your obliging concern about my health. It is much better since I came into the country, and I hope will be quite re-established by the exercise and the amusement of a tour I am PROMOTION OF PRATT OVER YORKE. 147 going to make into South Wales. At my return from thence, which will not be till the second week in August, I intend to resume my his tory, encouraged very much by the favourable opinion your lordship has of it ; hut I do not hope to complete it under two years. The eolla- tionis mora et tesdium, which Cicero says deterred him from writing the history of his country, is what makes me so slow in finishing mine. For I know the critical spirit of my countrymen, and that they would not forgive me an inaccuracy, if I could write with the eloquence of Cicero himself. And I am particularly unfortunate in the many sub jects of controversy that occur during the period contained in my work. But I shall think no trouble nor labour too great if I can make it deserve your lordship's approbation. " Mr. Miller, who is now here, and will, I believe, go with me to Wales, desires his most humble respects to your lordship. His health is much better than it has been for some time ; I wish his fortune were so too ; but in that he is a good deal distressed, by the expence which attends his inclosures. If the Duke of Newcastle did but know the worth of the man as well as your lordship and I do, he might easily find some small sinecure place which would make him quite easy, and not draw him away from his business in the country, which it is neces sary for him now to attend.* " I beg the favour of your lordship to assure my Lord Anson of my particular satisfaction in his being so honourably restored to an office which no other man in the kingdom is capable of filling with equal ability, and from which he had been removed by the clamour of faction and madness of the times. I do not write him a letter of congratulation because I would not give him the trouble of an answer. It would have been a great pleasure to me to have congratulated Mr. Charles Yorke on being Attorney General, but Mr. Pratt being put before him is a strong instance of the disinterestedness of your lordship's proceedings upon this occasion. " If your lordship should be pleased to favour me with a letter before my return to Hagley, direct to me at John Campbell, Esq., at Stackpole Court, near Pembroke. " I am with the greatest veneration, and, allow me to add, the sincerest affection, " My dear Lord, " Your lordship's most obliged " And most obedient humble servant, " Lyttelton." * Through Lord Hardwicke's interest, this was effected. L 2 148 LIFE OF LORD CHANCELLOR HARDWICKE. Mr. Charles Pratt, the new Attorney- General, was a younger son of Sir John Pratt, who had been succes sively a puisne judge of the Court of King's Bench, and Chief Justice of that court in the reign of George I ; and who, it will be in the recollection of the reader, was the presiding judge on the trial of Mr. Layer. Charles Pratt was born in the year 1714. At an early age he was sent to Eton; and in 1731, having obtained the election to King's College, Cambridge, he removed to that Univer sity. In 1 738 he was called to the bar ; practised in, or rather attended for practice, the common law courts, and went the western circuit. For several years, however, his assiduity met with no encouragement, and he obtained little or no business, which is the more remarkable, and must have been the more dispiriting, considering the influence in the profession of his father's name and fame. At last, conceiving his prospects of success in the law to be hopeless, he at one time determined to abandon it, and to enter holy orders ; a resolution which has been taken by more than one disappointed aspirant at the bar, who has afterwards obtained high eminence and promotion in his profession. Henley, subsequently Lord Chancellor Northington, who was at that time in extensive business on the western circuit, is said to have dissuaded Pratt from his purpose, and encouraged him to continue in his career. His practice soon after wards began to increase, or, to speak more correctly per haps, began. He was much employed in parochial settlement cases from the western circuit, — a branch of business formerly very advantageous for introducing juniors, who were first retained in the appeals at sessions, and then had to argue them in London. This depart ment of practice is now, unhappily for incipient advocates, though by no means so for the litigiously disposed parishes BIRTH OF CHARLES YORKe's SON. 149 themselves, almost defunct. In 1752, Mr. Pratt w^as engaged in for the defence of Owen, the bookseller, who had libelled the House of Commons. And the following year he defended a culprit, an Irishman, who was accused of a much more serious offence than Pratt's former client, — that of forging a will. His business, however, does not appear to have been then very extensive. The Earl of Breadalbane tells the Earl of Hardwicke in a letter to him from Edinburgh, dated July 14th — " The leap taken by the Attorney- General is, I believe, uncommon, but I dare say perfectly understood by every body; I am sure it is here, where all talk of the noble part your lordship has acted in this whole affair, & indeed, as the reason for that extraordinary step is universally known, I think it no disadvantage to Mr. Yorke to be freed from the great fatigue of that office. ' ' Lord Anson's return to his former board was extremely well judged, not only for the service of the public, but as a proof of the cause of his removal from it. " I most heartily wish every member of the ministry may act with the same view as your lordship, & then the unfortunate situation of this country may grow better." * Soon after this Parliament was prorogued. In May, of this year, Mrs. Charles Yorke brought her husband a son, on which joyful event Lord Hard wicke wrote to the Solicitor-General, congratulating him warmly. Lord Royston's chUdren were both daughters. " God grant that an event so interesting to me & my » Hardwicke MSS., Wimpole. 150 LIFE OF LORD CHANCELLOR HARDWICKE. famUy, as well as yourself, may prove happy in every respect. You were born whilst I was Solicitor- General. Sit omen f elix faustumque," * On the 30th of July Lord Hardwicke wrote from London tb Lord Royston. He tells him, — " We hope to get well to Wimpole on Monday even ing, where we shall long impatiently for the good Com pany from Wrest." In this letter, he gives his son some good advice on the subject of health and exercise. The literary pursuits and sedentary habits of Lord Royston rendered this exhortation peculiarly necessary in his case. After alluding to the general condition of affairs abroad, and to the progress of the war. Lord Hardwicke thus ex presses his own sentiments on these points. " In short, things are in a very violent & uncomfort able situation. The King is under great anxiety, & I don't wonder at it. Unless some unforeseen turn hap pens, I see no way out of it, except by a peace, which will be called a bad one, & yet may be the best thing for this country, as the situation is now circumstanced." f In his next letter, which is dated from Wimpole, on the 3rd of August, the great ex-Chancellor gives an account of his journey thither, and sends his son a budget of domestic news. " Your mother & I had a very fine journey down, & both of us less fatigued than usual with these summer journeys ; but the rain which fell on Saturday about London had laid the dust as far as was necessary, tho' it did not reach this place. Upon enquiry, I find less rain * Hardwicke MSS., Wimpole. f Ibid. EARL OF HARDWICKE AT WIMPOLE. 151 has fallen here than at Wrest, or about London ; but we had that yesterday in the evening, & a thunder-shower is now falling whilst I am writing. This place is as verdant & beautifiil as I ever knew it ; and the farmers are so far from complaining of the rain, that they don't think they have had quite enough. But no corn is cut hereabouts, & as it comes with thunder, & the barometer is rising, I hope in God it will not continue so as to hurt the harvest, of which the prospect here is very good. This day se'nnight, at Royston-market, wheat was fallen to 6.J. p. bushel. I hope the hoarders will be bit." The privy council had been for some time occupied in the earlier part of this year, as appears by the extensive notes in the Earl of Hardwicke's handwriting of their proceedings and of the evidence taken, in examining into the " engrossing and conspiracies to raise the price of meal and flour," that had then been set on foot. In another part of his letter, Lord Hardwicke tells his son : — " Lady Hardwicke joins with me in our most affec tionate compliments & best wishes to yourself. Lady Grey, & the dear little babes. Tell Lady Bell that, as she loves sights, I can shew her two trees in my hot house, that bear plenty of eggs, & are now full both of goose-eggs & hen-eggs. I desire she will examine her funny friend D' DeU ab' it."* Some disturbances were now beginning to arise in dif ferent parts of the country, on account of the recent Militia Act, which was about to be put in force, and to which the following passage in the same letter alludes. " I hate riots, but it would be a little diverting to • .Hardwicke MSS., Wimpole. 152 LIFE OF LORD CHANCELLOR HARDWICKE. have the popularity of the Militia Bill proved by riots against it, especially in the parishes of the country gen tlemen, I have not yet heard any thing about the execution of it here. I fancy the backwardness in taking commissions wiU be found to be pretty general ; & what His Grace said of Devonshire, I imagine was but guess." On the 7th of August, the Earl of Hardwicke writes again from Wimpole to his son Lord Royston, at whose ¦hospitable mansion Mr. and Lady Margaret Heathcote were then staying. An important piece of political in teUigence, and a communication of interest relating to Lord Hardwicke's own sentiments on the war, are con tained in this letter. . " I may tell you in confidence that our master talks of making his separate peace as elector, & I suspect some steps had been taken towards that, or a neutrality before. Whether he will be able to obtain it now I can't tell ; & perhaps y^ King of Prussia may run a race for it. My notion is that France would help him to a separate peace much sooner than they would the King. I would have the negotiation made general, & let us ti-y to get out of this detestable ruinous war as fast as we can. We have no choice but of the lesser evil. My Lord Anson remembers that, when this war was first thought of, I said the next morning that we were going to risque old England for new England ; & that crisis seems to be coming on apace. May Heaven avert the impending mischief! "* The information in Lord Hardwicke's letter respect ing His Majesty's intention to form a separate treaty for peace as Elector of Hanover, was derived from a * Hardwicke MSS., Wimpole. EARL OF HARDWICKE IN COUNCIL. 153 letter which the Duke of Newcastle had addressed to the ex-Chancellor, in which he also mentioned Mr. Pitt's repugnance to such a proceeding, who thought it would be even better to grant His Majesty a sum of money as Elector, towards carrying on the war, than to allow him to take this step, though on a subject of this kind his English ministers as such could not be called upon to advise him. The Duke was therefore desirous of ascer taining the Earl of Hardwicke's opinion of the matter, who tells him in reply,— " The opinions of the King's English servants seem to me to be asked, as if you were to ask the opinion of your lawyer or physician, without fiilly stating your case to them ; for I do not find that you are yet authentically informed either of the circumstances leading to a treaty, previous to the action upon the Weser, or of the loss, circumstances, or consequences of that action." * Lord Hardwicke thought that an entire peace, if any, should be effected at once ; but that the English min isters could not advise His Majesty against a separate peace without affording him pecuniary assistance as Elector to carry on the war, which he considered might be granted at once, to a reasonable extent. By a letter from Lord Hardwicke, dated " Powis House, Aug' 20th," which was addressed to Lord Royston, we are enabled to trace the writer's movements and occupations very accurately. " I came here on Thursday to dinner I purpose, God wUhng, to return to Wimple on Wed nesday. . , On Thursday, at my coming to town, I found a letter from the Colonel to you, which he desired me to read & transmit, which I did by that • Hardwicke MSS., Wimpole. 154 LIFE OF LORD CHANCELLOR HARDWICKE. night's post. ... I have attended the meeting of the King's servants, & we are trying to get some more friends, either for peace or war. The King told me that the Duke has now with him 40,000 men, no despi cable number, if strongly posted. The King, (as they say,) does not know how ill H. R. H. is. His leg is exceeding bad. ... I hope to-night that the rain is leaving us, which would be very happy for the country. I think the harvest lingers the more for want of hands, & no wonder, when so many are taken up in the sea & land service."* The following extract from a letter to Lord Hardwicke by his nephew, Mr. Valence Jones, whose family the former has been accused of treating with hauteur and neglect, affords an additional refutation of the calumnies circulated against this great and good man, many of which have already been proved to be as unfounded as they are malicious : — " My mother & sisters, with myself, think ourselves highly honor'd by-your lordship's and Lady Hardwicke's obhging remembrance of us ; and we beg leave to return our most grateful thanks for it, at the same time that we desire the acceptance of our most respectful compli ments & humble duty. I am particularly sensible of your lordship's goodness in allowing me to have the pleasure of seeing Wimple ; and have only to wish that there was a fairer prospect of my being able to make use of the permission than, I fear, there is at present. In all times, & in all places, I hope your lordship will be assur'd that it is no less my inchnation than my duty to take every opportunity of expressing the gratitude & attachment with which I must ever be, my lord, &c." f * Hardwicke MSS., Wimpole. f Ibid, MILITIA RIOTS NEAR WIMPOLE. 155 Notwithstanding his hatred to the whole " house of Yorke," as Lord Hardwicke's family were sometimes facetiously termed, Horace Walpole, when anything was to be obtained by so doing, did not in the least scruple to recommend all due court to be paid towards them. In a letter to Sir H. Mann, written during the present year, he tells him, " if you could enter into a correspondence with Col' Yorke at the Hague, he may be of great service to you. That family is very powerful ; the eldest brother. Lord Royston is historically curious & political ; if, without its appearing too forced, you could send him uncommon letters, papers, manifestoes, & things of that sort, it might do you good service." The two letters which follow, from the Earl of Hard wicke to Viscount Royston, relate to a matter, already referred to, which was at this time the occasion of no in considerable alarm throughout the country, — the dis turbances which arose in consequence of the Militia Act, and from which the neighbourhood of Wimpole appears to have been by no means exempt. " Wimple, Wednesday Evening, Sept, 7th, 1757.* " Dear Royston, — I am extremely soiTy to hear of the continuance, or rather encrease, of the disturbance & riots in Bedfordshire. Those things are generally aggravated by previous rumours, & yet I fear there is too much ground for the apprehensions in this case. The Deputy-Lieutenants of Hertfordshire were to meet last Monday, in subdivision at Royston, to draw the lots ; the Hertfordshire mob came, & were joined by that of y' town ; compelled the gentlemen to desist ; to deliver up the hsts ; & to give their words they would act no • Hardwicke MSS., Wimpole. 156 LIFE OF LORD CHANCELLOR HARDWICKE. further in y'' execution of the act. Parties of them went afterwards to Sir John Chapman's & Mr. Hessell's, (two of y^ acting Dept. -Lieutenants,) broke some of their windows, & compelled them to give them drink & money. Tho' this is within six miles of me, they have not yet marched hither. I have already sent your letter, with one from me, in support of it to Lord Barrington, to be sent from the Post-house at Royston immediately by a flying pacquet, which is the most expeditious way of all. I have, also, by the same conveyance, writ to the D. of N., stated the case to him, & desired his Grace to sup port your request. " As I know there is to be a meeting of the King's servants to-morrow night, to consider of these riots & this opposition to the Militia Bill, I have added my opinion that some method shou*^ be taken by private inti mations to the Lords-Lieutenants, to take handles for delay by adjourning the meetings to a long day. That at y« beginning of y^ session the matter be reconsidered, & perhaps the bill remodeled into some practicable shape. In short if the gentlemen have not the lists, they can do nothing but adjourn ; & tho' nobody is more averse to y* giving up laws to popular fury than I am, yet this case is peculiar, because these people, returned and chosen, are to do personal acts by subscribing & swearing ; which no body can force them to do, nor do for them. There fore to raise all this ill-blood. & flame, for y^ sake of previous acts can end in nothing. As soon as I hear what they resolve, I will let you know. ' ' I am ever,' ' Dear Royston, " Your's most affectionately, " Hardwicke." COUNTRY LIFE OF LORD HARDWICKE. 1 57 In a letter to Lord Royston, written at Wimpole on the 18th of September, Lord Hardwicke tells him : — - " It gave us all great pleasure to hear that you, Lady Marchioness, & the dear little babes were well, & that tranquillity is restored in Bedfordshire ; as it seems to be also here, for there has been no riot or rising of the mob since that of Thursday se'nnight, which was so oppor tunely quelled by the timely arrival of the Blues. They still continue at Royston, & I had their commanding officer, Capt. Killet, at dinner here last Sunday. He is a very alert, sensible officer, & has behaved extremely well ; & I shall be sorry to part with him, tho' I am told that is likely to happen pretty soon, as that corps does duty as guards I am persuaded that many of the farmers have encouraged these riots, tho' none of my tenants were in them, except from Morden, situate in y^ most disorderly circle ; & there they all pretend to have been forced, as their minister & mediator, Mr. Pease, represents to me " We live upon hopes of seeing the good company from Wrest, on Saturday, the first of October. We should have hked it better if it had been sooner, but sub mit to your convenience. We regret that some of our best fruit will be gone by that time, but you will have received ample amends by Wrest. Wray, who is so kind as to be here, & tells me he epistolizes you by this post, praises us much, both in word & deed ; & laments every day that it comes so much together." * After Lord Hardwicke's resignation of the Chan cellorship, his time was divided between Wimpole and London, though at the former he was now able to re create himself more fully. It has been said that he did not * Hardwicke MSS., Wimpole. 158 LIFE OF LORD CHANCELLOR HARDWICKE. enjoy much popularity with his Cambridgeshire neigh bours, and that he affected to despise the habits of country gentlemen. One of his biographers, several of whose calumnies against Lord Hardwicke have already been refuted in these pages, thus depicts the ex-Chancellor at his rural seat : — " The stately and ceremonious reception of his visitors on a Sunday evening, was insipid and disgusting in the highest degree. Stranger as he was to the life & habits of country gentlemen, he treated them with insulting in attention and hauteur. Came they from ever so great a distance, either to visit his lordship, or to see his place, their horses were sent for refreshment to the ' Tiger,'* a vile inn near half a mile distant, as I have experienced more than once. He submitted, indeed, like other lords, sometimes to entertain the natives, but with that visible and contemjituous superiority as disgusted rather than obliged them. When in high good-humour, he had two or three stock stories to make his company laugh, which they were prepared and expected to do. One was of his bailiff Woodcock, who, having been ordered by his lady to procure a sow" of the breed and size she particularly de scribed to him, came one day into the dining-room-, when full of great company, proclaiming with a burst of joy he could not suppress, ' I have been at Royston fair, my lady, and got a sow exactly of your ladyship's breed and size.' " He used also to relate an incident that occun-ed to him in a morning ride from Wimpole. Observing an elegant gentleman's house, he conceived a wish to see the inside of it. It happened to be that of Mr. Mon tague, brother to Lord Sandwich, who, being at home, * Yet in one of Lady Hardwicke's letters to her son, she mentions Lord Hardwicke's annoyance at the stables at Wimpole being for a time under repair, so as to afibrd no accommodation for their visitors' horses. LORD hardwicke's TABLE TALK. 159 very politely, without knowing his lordship, conducted him about the apartments, which were perfectly elegant ; and expatiated on the pictures, some of which were capital. Among these were two female figures, beautifully painted, in all their native naked charms. ' These ladies,' said the master of the house, ' you must certainly know, for they are most striking likenesses.' On the gTiest's ex pressing his perfect ignorance, ' Why, where the devil have you led your life, or what company have you kept,' says the captain, ' not to know Fanny Mun-ay, and Kitty Fisher, with whose persons I thought no fashionable man could be unacquainted ?' On my taking leave, and saying, ' I should be glad to return his civilities at Wim pole,' what surprise and confusion did he express, on his discovering he had been talking all this badinage to Lord Hardwicke !" * The same writer also says of his social habits — " He was a perfect pattern of temperance and sobriety. His meals were not even convivial. After his dinner, which was generally late, he latterly dozed for some mi nutes, during which his lady kept up some degree of cheerful conversation. On recovering, and her retiring, a stiff and ceremonious talk took place, in which to involve his son Heathcote, when he was of the party, he would observe, that Rutlandshire being the least county in England, his father, Sir Gilbert, was supposed to be in possession of one half of it ; and if he goes on to accu mulate as he has done, bids fair to be the proprietor of a whole county, a point at which no man in England ever yet arrived. On this some sycophant would observe, that his lordship might perhaps be charged with a similar view, in regard to the county of Cambridge ; for though * Cdoksey's Anecdotes. 160 life of lord chancellor hardwicke. Wimpole as yet bore no proportion to the whole, yet the title-deeds of a full moiety of it might already be found there : — a smUe." Another of Lord Hardwicke's biographers has, how ever, drawn a very different picture of his domestic and social life, and one much more in accordance with what we learn from his correspondence, and the accounts fur nished by those who knew him : — " He rose from the fatigues and anxieties of business, to the enjoyment of the society of his family and his friends, with the spirits of a person entirely vacant and disengaged, preserving in old age the vivacity as well as appearance of youth, and ever uniting the characters of dignity and amiableness." * In the year 1757, several gentlemen of property in Cambridgeshire engaged in furnishing donations to wards setting on foot a scheme to establish turnpike roads. " By the liberal example of Lord Hardwicke," f Lord Royston, and others, numbers were incited to sub scribe for this purpose. Indeed, notwithstanding aU that has been said of the avarice of the ex-Chancellor, it ap pears from undoubted testimony, that whenever charity demanded his aid, or any patriotic purpose required pro motion, he was ever foremost to contribute from his purse. Dr. Webster, being in great pecuniary distress during this year, petitioned the Archbishops and Bishops for relief, though with but little success. He afterwards pubhshed a narrative of his case, in which he "acknow ledges his great obhgations to Lord Hardwicke, for a handsome present."! The unostentatious manner in which the Earl of Hardwicke dispensed his bounties, * Life by Chalmers, f Nichol's Literary Anecdotes. X Ibid. LIBERALITY OF LORD HARDWICKE. 161 seems to have been the real reason why he was so unjustly accused of avarice by his assailants. In a letter to Lord Royston, dated October 30th, Lord Hardwicke says — " Last night brought me a messenger from the Duke of Newcastle, but no news, except that the story of the plague at Lisbon grows more doubtful, there being letters from that place of the 13th inst', which take no notice of it. This gives me some pleasure, & I pray God the story may be false, & if not, to preserve this poor countrey from it ; for such a calamity, added to our other distresses, would make a scene amazingly dreadful, & the more so from the ungovernable spirit of the people."* The extract which follows, from a letter written by Dr. Birch to Lord Royston in November, 1757, relates to an event of public interest at this period : — " When I wrote to your lordship on the 3rd I had heard, but could not prevail upon myself to believe, what I am now going to mention, and find to be really fact. On Tuesday Mr. Blair came to my Lord Mayor with a message in His Majesty's name, that an inquiry was actually ordered into the conduct of the late expedition. His lordship asking what use he might make of this, was answered such a one as his prudence should direct him to. He then desiring to have this message in writing, Mr, Blair told him that his commission did not extend so far ; but upon his departure, his lordship committed the whole to paper, and on Thursday evening sent an account to the Half- moon Club. Upon the receipt, they sent to him to desire to know whether the King's message had been given in writing, to which my Lord Mayor returned that this could not be in communications of this sort from His Majesty ; adding that, if they intended to propose any question the next day, they must send him a copy, otherwise he would not suffer it to he put, but break up the court. One of the club asked why Mr. Pitt did not come himself to give them satisfaction. * Hardwicke MSS., Wimpole. VOL. III. M 162 LIFE OF LORD CHANCELLOR HARDWICKE, And there are some who wish he had done so in his private capacity, rather than that His Majesty should, in the thirty-first year of his reign, stoop so much below his dignity." * A letter to the Earl of Hardwicke fi-om his sister, Mrs. Jones, which bears date the 19th of January, 1758, acknowledges in warm terms his kindness and generosity towards her and her family. She says — " My daughters beg leave, in the most particular & respectful manner, to present their humble duty & most grateful & sincere acknowledgements to your lo^ for this fresh instance of your goodness & affection to them, in which acknowledgements my son desires to join very sincerely. ... I am, with the most lively sense of all your favours, particularly this last," &c. f Parliament was opened by His Majesty in December. The speech delivered by the Sovereign on this occasion, as also the address of the Lords in reply to it, were entirely composed by the Earl of Hardwicke. In the former the King, after regretting that the success in carrying on the war had not been " equal to the justice of our cause, and the extent and vigour of the measures formed for that purpose;" and after alluding to the con fidence which His Majesty reposed on " the spirit and bravery of this nation, so renowned in all times, and which have formerly surmounted so many difficulties ;" and " the preservation of the Protestant religion, and the liberties of Europe ;" — thus referred to the condition of the country at that period : — " My Lords and Gentlemen — " I have had such ample experience of the loyalty and good affections of my faithful subjects towards me, * Hardwicke MSS., Wimpole. f Ibid. CHARLES yorke's POWER AS A DEBATER. 163 my family, and government, in all circumstances, that I am confident they are not to be shaken. But I cannot avoid taking notice of that spirit of disorder which has shown itself amongst the common people in some parts of the kingdom. Let me recommend to you to do your part in discouraging and suppressing such abuses, and for maintaining the laws and lawful authority. Nothing can be so conducive to the defence of all that is dear to us, as well as for reducing our enemies to reason, as union and harmony amongst ourselves."* A scrap of political intelligence of interest is contained in the following passage of a letter from Lord Royston to Lord Hardwicke, written on the 18th of March: — ' ' In talking of Mr. Fox's inactivity this winter in parliament. Count Viri observed, that he was always busy in court intrigues, & that he had lately been making overtures to Leicester House ; ' Not,' said the Count, ' you may suppose, thro' the hands of your neighbour, but through another quarter, which he thought might be more acceptable to him ;' meaning, I presume, L'^ Bute ; 'but that he had not met with any sort of encourage ment.' " The extract which follows, refers to a speech of the Solicitor- General in the House of Commons : — " I cannot conclude without allowing myself the plea sure of repeating to your lordship, that I think my brother's speech yesterday in the House was as able a performance as I ever heard there. He urged everything that could be suggested, in support of his side of the argument, & with the greatest judgment, firmness, decency, i^- manly eloquence. It is but justice to him to * Hardwicke MSS., Wimpole. M 2 164 LIFE OF LORD CHANCELLOR HARDWICKE. say this, & I pronounce upon his speech as an impartial bystander."* The following account of the proceedings on the second reading of the Habeas Corpus BiU in the Upper House, is from the original, in the handwriting of Dr. Birch, and was probably noted down at the time. " Second reading of the Habeas Corpus Bill in the House of Lords. May 9, 1758.t " E. of Hardwicke. " Mansfield. " Teraple. " Talbot. " Hardwicke. " Newcastle. " Granville. " Teraple. " Denbigh. " Earl of Hardwicke, " He opened the debate ; but I did not come in till he had spoken about ten minutes ; after which he continued to speak three quarters of an hour. "His lordship urged several general objections to the bill, reserving himself for more particular ones to the committee upon it, if the House should send it to one. " He showed that there was no occasion for such a bill, since all the advantages proposed by it were already secured by the common law ; and that the inconveniencies which would arise from it, would be great and extensive, and aff'ect both private persons, and the judges themselves. " That the discretion, so much of late the subject of exclamation, which is, and has been always, exercised by tbe judges, is not arbitrary,, but merely judging according to law." On the suggestion of Lord Hardwicke, certain ques tions were referred to the judges, with instructions to prepare another bill, to be submitted to the House at the commencement of the next session of Parliament. Lord Lyttelton wrote to the Earl of Hardwicke on the morning of the day on which this debate took place, and * Hardwicke MSS,, Wimpole. f Dr, Birch's MS. Collect. Brit. Mus. DEBATE ON HABEAS CORPUS BILL. 165 informed him of his being unweU, and that he was desi rous to give Lord Hardwicke his proxy. He added— " It grieves me that I shall lose the pleasure of hearing your lordship to-day. If I can possibly attend on Thurs day I will ; if not, your lordship will command the vote, as you always do the opinion of, &c., Lyttelton."* Lord Lyttelton tells Lord Hardwicke in another letter, written shortly after the above, referring to the late debate, — " It mortifies me extremely, that I lost the great plea sure & instruction I sho^ 13th, 1762," in which it is stated that "Mr. Pitt entered into a long discourse of his conduct, at the latter end of his late Majesty's reign, and dur^ his present Majesty's, to the time of his resignation, when he was reduced to such a situation that, out-Toried by Lord B., and out-Whigged by the D. of N., he had nobody to converse with but the clerk of the House of Commons. " That lately he had been applied to, by persons of high rank, to concur with Lord B. for the pubhc good, with offers much above his deserts, and, therefore, he was ashamed to mention them. " He told these persons. Lord B. could never expect he would abett the transcendency of power his lordship walpole's conference with MR. PITT. 323 was arrived at, after what had passed between them upon that subject on the day of His Majesty's accession to the throne, when, in a private conversation with his lordship, Mr. Pitt told him — His advancement to the management of the affairs of this country would not be for His Majesty's service. " Upon Lord B. taking the seals, Mr. Pitt having never seen Lord B. in private since the day above-men tioned, his lordship came to acquaint Mr. Pitt with his promotion, & received the same opinion as before, — That Mr. Pitt did not think it for His Majesty's service. And that now his lordship was arrived at fulness of power, he coud not bear with the D. of Devonshire, but insulted the nobility, intimidated the gentry, & trampled on the people. He (Mr. Pitt) wou'' never contribute to that yoke Lord B. was laying on the neck of the nation. " He said — If others had been as firm as himself, things wou'' not have been brought to their present crisis ; that he did not well see what was to be done ; that the D. of N., D. of D., & Lord Hardwicke, had been so much disposed to a peace ; the peace was now come, & seem'd to be final. " But afterwards Mr. Pitt discoursed much more at large upon that very important subject. "Mr. Pitt then returned to the domestick part, ex pressing his apprehension that the distinction of Whig and Tory was rising as high as ever ; that he lay under great obligations to many gentlemen who had been of the denomination of Tories, but during his share in the administration had supported government upon the principles of Wlnggism and of the Revolution ; that he would die a Whig, & support invariably those principles, yet he would concur in no prescriptive measures ; and tho' it was necessary Lord B. shou'' be removed from Y 2 324 LIFE OF LORD CHANCELLOR HARDWICKE. the office he now held, he might not think it quite for His Majesty's service to have the D. of N. succeed there, begging that this might not be thought to proceed from any resentment to the D. of N., for whose person he had real regard, & true esteem for his abUities, & who perhaps might have as much cause to complain of Mr. Pitt as Mr. Pitt of his Grace. " With regard to himself, he had felt inexpressible anxieties at holding office against the good-will of the Crown ; that he would never put himself again in that situation, nor accept of any employm*, whUst His Majesty had that opinion of him which he was acquainted with. " That he was astonished at the Duke of Bedford's conduct, who, in all differences with the Duke of New castle, had appeared a strenuous friend to the latter, &, on many occasions, to be honour'd with much favour fromH. R. HUheD. ofC."* To the Duke of Newcastle Lord Hardwicke addressed a very sensible, manly, and honest letter, of great inter est, on the 15th of November, in which he referred to the treatment which the Duke of Devonshire had received from the Court ; the resignation, in consequence, of Lord Kinnoul ; and discussed the expediency of advising others to give up their employments, and to go at once into op position. Lord Hardwicke mentions having seen several, and conversed with them on the Duke of Devonshire's affair, concerning which they express themselves that " They are very sorry for it ; they censure it very strongly ; but it is a single act, & a private act, & the pubhc affairs are not to be thrown into confusion on y* account ; they are sure the Duke of Devonshfre would not * Hardwicke MSS., Wimpole LORD HARDWICKE ON THE STATE OF AFFAIRS. 325 wish it. But, be that as it may, it is no reason for y"" to resign their employments. Thus I find people satisfy themselves, & I never doubted but it would be so amongst people in lower stations & ranks. For in truth, my dear lord, I never thought that a measure of opposition could be founded upon this act, tho' nobody can think it more offensive & outrageous than I do, unless a number of the great nobility would take it up & make it their own cause ; in which case persons in the House of Commons brought into Parliament by them, & dependent upon them, would follow their leading. But by what your Grace tells me in the sequel of your letter, I don't find that the great nobility (except the Marquis of Rocking ham) seem at present disposed to hold y* conduct. " How my Lord Kinnoul had heard that no one of my Lord Hardwicke' s family would resign, I cannot conceive; for I am sure I never said anything of it, nor do I believe any one of my family has said so. But as I perceive the view (a very right one) with which your Grace has inserted this passage in your letter, I think it incumbent upon me to speak with a little more plainness on y* topic. This question concerns three of my younger sons. They are all of years of discretion, the youngest being three-and-thirty, & capable of judging for themselves ; & two of them have families. I shall therefore not insist upon their resigning; but, when that point shaU be ripe for y^ members of y^ Ho. of Commons, shall recommend it to them to consider seriously & determine for themselves. I may be much out, but I think they have sense, & also principles of virtue & honour, & wUl act as becomes them on such occasions. But I will never compell y™ by any commands or advice of mine to do what it will probably never be in my power, at my time of life, to assist them to retrieve. "When your Grace resigned in 1756, I quitted with 326 LIFE OF LORD CHANCELLOR HARDWICKE. you. I never once regretted it, but am proud of it ; tho' no other of y' friends did y*" same. Had I been in place when you quitted last summer, I should have taken y« very same part ; but all this is of a different consideration. "As your Grace expressed a desire y* I should call upon my Lord Egremont, & see if he wo'' give me any account of y" terms of peace, I did so on Friday ; & his lordship gave me much y^ same acc* as he did to my Lord Kinnoul, with some few circumstances more, which it is not worth while to lengthen this letter with, because I will relate them when I have y^ honour to see you. ****** " Your Grace sees, by my Lord Mansfield, the B^ of Durham, & Mr. Stone, what you are to expect in an opposition, from some of those who have the highest & strongest obhgations to you. What wiU others think ? ****** " I have now run over all y" particular persons whom you have named ; & you will forgive me, my dear lord, if I express some surprize at y general observation — that you see interest and corruption prevail so far, that you despair of doing any good. This cannot possibly be new to your Grace, who has been conversant in courts & parties above these forty years. Have you not all along seen such motives to be y'= great hinges on w"" the generality of people's conduct has turned ?"* The Duke of Newcastle's reply to Lord Hardwicke's admirable letter is not among his papers ; and indeed it was of such a nature that, as recorded by Lord Royston, " it was never shewn to us, & certainly burnt." This nobleman also adds, " It is my opinion that the vexation my father went thro' in the 2 last years shortened his life." * Hardwicke MSS,, Wimpole. IRRITATION OF THE DUKE OF NEWCASTLE. 327 Some idea, however, of the nature of the Duke of New castle's epistle may be formed from the following passage, with which Lord Hardwicke commenced his answer to it : " My dear Lord, — The letter w"'' I had the honour to receive from y' Grace this day at noon, could not possibly give you so much pain in writing as I did in reading it. Indeed, I never expected, nor could figure to myself a time wherein I sho'' receive such a letter from your Grace. I do not mean to answer it just now, tho' I think I could give a clear & full answer to every word that concerns myself & my family, notwithstanding one unhappy cir cumstance, w"'' has given me more uneasiness than it can do you. But I perceive y' mind is too much agitated at present; & my sincere affection for y' Grace makes me feel too much & too strongly for y' present situation to admit of it. "Thus much I cannot help saying, that after above 40 years' unvaried attachment & faithful services, whereby I have endeavoured to repay those many obhgations w"'' I have received, (several of such services you have ac knowledged as substantial, by letters under y' own hand, w"'' I have by me,) I have not deserved those stinging reproaches, w"*" are partly expressed & partly insinuated in y' letter. " Nobody can be more provoked at, nor more detest and abhor those violences, w"" have been committed ags* y' Grace's friends, nor can think many of them more cruel than I do. And I look upon one additional cause of their having been for the most part so distinguishedly pointed ag'* you, to have been in order to raise those jealousies, w"" I am sorry to find have too much taken place in y' mind. One consolation, (tho' indeed I can hardly call it so in the present disagreeable circumstances,) is, that this 328 LIFE OF LORD CHANCELLOR HARDWICKE. has not proceeded from any advice of mine; for, tho' y' Grace is pleased to say that you have never taken one step but by my advice, I must beg leave to refer to the whole tenor of my correspondence this last summer, to prove that I have always given my opinion ag'* beginning an opposition by attacking the peace, in case it should come out to be such as it now appears to be; & also forming that opposition under the present avowed leader, (tho' a very respectable one,) under whom I fear it is the less likely to succeed. "As to opposing my Lord Bute, as a sole Scotch favourite & minister, I have always allowed it in general, but have repeatedly maintained, both in letters & con versation, that that point was not yet come to maturity ; & that more overt acts & events must be waited for, & perhaps these are now not far off." * The Duke of Newcastle, it seems, notwithstanding the warmth of his feeling, appointed to have an interview with Lord Hardwicke on the evening following, so that no letters explaining the issue of this unfortunate misun derstanding are to be met with, fi-om either party, among Lord Hardwicke's papers. The 9th of December was fixed upon for the discussion of the prehminaries of peace, which had been recently settled between Great Britain, France, Spain, and Por tugal; and which were signed and exchanged at Fon tainbleau, on the 3rd of November. Horace Walpole says — t " The memorable day being arrived, both Houses sat on the preh minaries [of peace]. Lord Shelburne and Lord Grosvenor moved to approve them. The Duke of Grafton, with great weight and greater warmth, attacked them severely, and, looking full on Lord Bute, im- * Hardwicke MSS., Wimpole. \ Memoirs, SPEECH ON PRELIMINARIES OF PEACE. 329 puted to him corruption and worse arts. The Duke was answered by the Eari of Suffolk ; and then Lord Temple spoke, with less than usual warmth. The favourite rose next, and defended himself vrith applause, baring laid aside much of his former pomp. He treated the Duke of Grafton as a juvenile member, whose imputations he despised ; and, for tbe peace, he desired to have written on his tomb, ' Here lies the Earl of Bute, who, in concert with the King's rainisters, raade the peace;' a sentence often re-echoed with the ridicule it deserved, and more likely to be engraven on his monument with ignominy than approbation. The Duke of Newcastle and Lord Hardwicke censured the preliminaries, which the latter said were worse than could have been obtained the last year ; and he reflected on the assiduity with which prerogative was cried up, more than it had been by the most ductile Parliaments. Henley, the Chancellor, abused thera both ; but the fine defence of the treaty was made hy Lord Mansfield, which, he said, though he had concurred to make, he should still retain his old connections and attachments ; a pro mise he soon violated, vrith as Httle decency as his late friends had cen sured prerogative. At ten at night the preliminaries were approved by the Lords without a division." The following extracts from Lord Hardwicke's speech on this occasion, in the House of Lords, are from the original notes, in his own handwriting : — " I am sorry for the occasion of this day's debate. I was iu hopes that after so successful a war, particularly the glorious successes of the present year, such a plan of peace would have been produced as would have united the opinions of all well-intentioned men — that, in proceeding upon it, nothing would have been done or attempted that was rash or precipitate, or would have tended to disgust any persons by the manner, who were disposed in general to agree in the substance. " There is one part of this motion in which I can most heartily concur, the dutiful professions and assurances given to His Majesty. Convinced, from the bottom of my heart, that no prince ever ascended the throne with more virtuous and public- spirited dispositions — with greater love for his people, and zeal for their happiness — with greater purity of mind and uprightness of heart — untainted even with a wish for any hurtful power ; nay, filled with a detestation of it, " Frequent occasions of approaching his royal person, every instance of which has afforded proofs of it. " It is not unknown to several of your lordships who hear me, that I have been a party to many, ^ely many, considerations upon this subject. 330 LIFE OF LORD CHANCELLOR HARDWICKE. I never declined giving my opinion upon it with freedom and integrity in another place ; neither wiU I decline it now in this house, the only place at present left to me to give such an opinion in. " In forming a definitive treaty, several things to be ascertained, ex plained, extended; material, perhaps essential circumstances to be added ; possibly some particulars to be varied for the benefit of this country. "All courts know under what situation an English ministry treats with them. " Under the inspection and animadversion of ParUament. "This is a shield of defence to them against many demands— a weapon in their hands to enforce others, " If they are able to say, ' We cannot do this or that — the Parliament will not support us ;' — a power that wants a peace from you, which is now the case of France, wiU give great attention to that argument. " They will feel the necessity a British ministry is under, and know they are in earnest. " Several material things may arise in framing this definitive treaty." * Dr. Birch thus describes the debate in both houses on the preliminaries : — " The approbation of the preliminaries was carried in the House of Commons with a vast majority, though Mr. Pitt came thither in a fit of the gout, and spoke three hours and a half against most of the terms. His speech, shewed the extent of his knowledge, and the readiness of his memory ; but the length of it tired the house, as well as hiraself. " In the House of Lords, Lord Hardwicke remarked very candidly upon the terms of the peace, commending some of them, and pointing out the defects. Lord Halifax defended the whole with great abilities. The Lord Chancellor remarked with great violence and great asperity on the Duke of Newcastle and Lord Hardwicke. Lord Mansfield spoke on the same side with much greater judgment and decorum, and Lord Bute acquitted himself that day much better than he did last year, against the Duke of Bedford's motion for recalling the troops from Germany. The sanction of the House of Lords, in favour of the preliminaries, was given without a division." -f * Hardwicke MSS,, Wimpole; Hansard's Pari. Hist. t Hardwicke MSS., Wimpole. LORD HARDWICKE IN OPPOSITION. 331 The foUowing, from Lord Barrington to Mr. MitcheU, gives a further account of the debate on the prelimina ries, in both houses, and points out the present position of Lord Hardwicke with respect to parties. " 15th Dee, 1762,* " I was in hopes, till Thursday last, that some fortunate, though unexpected accident, might have prevented those divisions which threat ened to destroy the unanimity we have enjoyed so long. The die is now cast. The Duke of Newcastle and Lord Hardvricke spoke against the preliminaries in the House of Lords, where, however, there was no dirision. In the House of Commons, 319 merabers voted thanks to the King for the peace he has concluded ; 65 only voted against those thanks. I look on the opposition as now declared. Whoever dislikes this peace cannot possibly approve any other measure of this adminis tration. The head of this party is the Duke of Cumberland : the Duke of Newcastle is supposed to be thoroughly connected with His Eoyal Highness, and also the Duke of Devonshire, Lord Hardwicke is sup posed to join them no farther than he has thought himself obliged to do from his long friendship vrith the Duke of Newcastle. Lord Roy ston, his eldest son, voted in the House of Commons for the address approring the preliminaries. _ The Attorney-General in his speech commended them on the whole, though he expressed a wish that some of the articles had been otherwise. Neither he, nor his youngest brother, who is in the Board of Trade, stayed the division. Mr. Pitt came to the house on crutches, out of his bed, to which he had been confined some weeks : he spoke three hours and twenty-five minutes, standing and sitting : he never raade so long or so bad a speech, blaming the preliminaries in general, though he commended that part of them which relates to the cession made by France on the continent of North America. He was very moderate in his expressions, not at all abusive, declared he had no connection with others supposed to be op ponents, and intimated that he should attend ParUament very little this session." Horace Walpole says that — " The court met with some mortifications in their pursuit of con gratulatory addresses on the peace, which they sedulously promoted. * Ellis's Original Letters. 332 LIFE OF LORD CHANCELLOR HARDWICKE. One Judge Perrot was so servile as to recommend it from the bench on the circuit. The Duke of Newcastle and Lord Hardvricke, the one Chancellor, the other High Steward of the University of Cambridge, refused to go to St. James's with the address of that body. Allen, the ostentatious patron of Pope and Warburton, the latter of whom had married his natural daughter, prevailed on the city of Bath to thank the King for the adequate peace, and had hiraself the insolence or folly to send that address, so profligately worded, to Mr. Pitt, with whom he had maintained a mutual intercourse of flattery. Mr. Pitt disdained to present the compliment to the King, and even declared he would represent their city no more." On the 14th of December the Duke of Newcastle wrote again to Lord Hardwicke, and appeared still intent on his old project. After mentioning that he was going to Lord Kinnoul's, and should also endeavour to see the Duke of Devonshire and the Marquis of Rockingham, he thus proceeded : — " Your lordship will easily imagine, that the con temptible figure we make (& myself more particularly) in both Houses goes to my heart, & I don't see my way out of it. I must either abandon the few friends I have left, or leave them to themselves, to expose both them selves & us. It is but too true what Mr. Fox said, at first, to the Duke of Cumberland, viz. my Lord Bute has got over all the Duke of Newcastle's friends. Never was man who had it in his power to serve, to make, to chuse so great a part of the members of both Houses, so abandoned as I am at present. " But that which hurts me the most (I say every thing I think to your lordship) is that I find it affects the dear Dutchess of Newcastle extreamly, & that those very few friends who have taken their fate with me, and resigned their employments, & those who, by their behaviour in the House of Commons, expect every hour to be re- DISMISSAL OF THE DUKE OF NEWCASTLE. 333 moved, are most extreamly hurt, & rather blame me for exposing them, & feeding them up with hopes of support where they found none."* On the 23rd of December a letter was written to the Duke of Newcastle by Lord Halifax, the Secretary of State, informing him of his dismissal from the Lord Lieutenancies of Middlesex, Nottingham, and Sussex, and from the Wardenship of Sherwood Forest. This measure, considering the Duke's long services, immense sacrifices for his country, and age at this time, reflected the deepest disgrace on Lord Bute, and indeed on all parties accessory to it, and for which no conduct which the Duke had pursued afforded any just pretext. On this occasion. Lord Hardwicke wrote to the Duke of Newcastle a letter expressive of his indignation at the proceedings which had been adopted, and of his con tinued regard for the veteran minister, to which the latter at once replied, commencing as follows : — " My dearest Lord, — I was so happy yesterday with your most affectionate, most wise, & most spirited letter, that I could hardly defer returning your lordship my most sincere thanks for it till this morning. I sent it immediately to the Dutchess of Newcastle, who is greatly relieved by it, as she is with every thing that comes from your lordship. " Your letter contains every thing I could wish. The most affectionate concern & resentment, for the un deserved indignities put upon me. The most proper advice to me, for my present conduct, which I shall most undoubtedly follow, & an anxiety for what (if any thing) it may be right to do upon it. I leave that to y' lord ship & to y^ rest of my friends."! • Hardwicke MSS,, Wimpole. t Ibid. 334 LIFE OF LORD CHANCELLOR HARDWICKE. In this letter the Duke of Newcastle tells Lord Hard wicke that farther indignities are about to be put upon him. " My poor friends, as many in number, are at once to be removed without any charge, by an arbitrary act of the Treasury, or Treasurer, They talk also of removing several who have patent places," In a letter to Lord Hardwicke, written on the 5th of January, 1763, the Duke of Newcastle thus alludes to the persecution which had been indicted by the govern ment on those who had been promoted by him. After specifying some particular cases of pecuhar hardship and injustice he says, — " Indeed, my dear lord, these repeated instances of cruelty, & the miserable scenes I see every day, of misery & desperation to all my poor friends, whom I ever had an opportunity to serve, almost weigh me down, & nothing but an active resentment in my fi-iends can relieve me. I believe there never was such an instance of cruelty & barbarity. To single out one man, & all his dependents & relations, in this manner " Can my Lord Mansfield's heart, even his head, be so far ahenated as not to think this calls for his interference. Can Christian Bishops, made and promoted to the highest stations in the Church by me, see such repeated acts of cruelty, uncharitableness, & revenge to one who had been their benefactor, sit still without pubUcly declaring ags* & resenting such measures. If that was the case, these viUanies would be soon stopp'd, & if it had been originally the case, wo'' never have been attempted."* * Hardwicke MSS., Wimpole. , DEBATE ON THE CIDER BILL. 335 Lord Hardwicke states, in a letter to Lord Royston, dated March the 8th : — "Lord Ravensworth kept us yesterday till past five o'clock. I send you enclosed a copy of his questions, which (altho' the House was very full) had both gone, if I had not stood up to object to them just as the first was putting. The part was a little delicate, but I debated against it merely on parliamentary principles, & the experience of an old Parham* man. Afterwards nobody was for my lord's questions, & many lords {inter quos the great Lord B,*) thanked me for having saved them trouble. When Lord Ravensworth divided the House, nobody rose up to go out but himself; and my Lord Mansfield, being on the Woolsack, named him a teller to count his own unit,"f In the same letter we have an account of the veteran lawyer's political avocations at this period. " I am to dine to-day at Devonshire House, at what I suppose will be called a political dinner. Mr. Pitt, the Duke of Newcastle, Marquess of Rockingham, & Lord Temple, — who else I know not ; but I suppose we shall not be suspected of plotting, because I hear Pitt is just now in high odour at Court." The proposed imposition of a tax on cider, in addition to certain new duties which had recently been placed on French and other wines, created a prodigious ferment throughout the country, especially among the lower classes. The opponents of the measure represented it as an extension of a hateful and oppressive system, and some even affected to consider it as a scheme to plunder England, and gratify the rapacity of Scotchmen. • Lord Bute. t Hardwicke MSS., Wimpole. 336 LIFE OF LORD CHANCELLOR HARDWICKE^. The bill, however, for the establishment of this tax passed through the House of Commons, and was read a second time by the Lords. Lord Hardwicke spoke and voted against it, but was answered with severity by Lord Marchmont ; Lord Mansfield spoke and voted for the bUl ; Lord Lyttelton spoke against it ; Lord Pomfret heaped panegyrics on Lord Bute, whose own speech was languid and unargumentative ; the Tory lords, who be longed chiefly to the western counties, were most of them against the bill, as were nine of the bishops : but the bill was committed by a majority of 71 to 39. The following portion of Lord Hardwicke's notes of his speech in the House of Lords, on the Cider Tax Bill, is from the original in his handwriting : — " 1 . Disagreeable option offered — Reject only extra supply of the year — Or swallow this bill entire and in the gross — This bUl consists of four parts — Duty on Wine^Duty on Cyder and Perry — Me thod of levying the latter by laws of excise — Borrowing clauses and scheme of loan. — Every one of them would naturally require more days to consider, than, report says, this session has to live.— Objections numberless — Impossible for me— tedious to your lordships — to go through them all. — Shall go upon two great lines of this bill. — 1st, I look upon it as an extension and application of the excise laws to improper objects. — 2nd, I look upon it as an additional land-tax upon the Cyder counties.— First point — All former laws ; the plan of the excise confined to some particular trades or occupations. Do not extend to every subject who may happen to do a particular act in the course of his family affairs." * This speech of Lord Hardwicke was the last delivered by him in the House of Lords ; and, fi-om the following account of the opinions expressed of it, which is from a letter of the Duke of Newcastle, addressed to Lord Hard wicke the day after the discussion took place, the conclu sion of the noble and learned lord's career, as a debater, * Hardwicke MSS., Wimpole ; Hansard's Pari. Hist. LORD hardwicke's LAST PARLIAMENTARY SPEECH. 337 appears to have been worthy of the fame which he had acquired in that capacity. The Duke says, — " Every body was full of approbation, & indeed gra titude, for the great & successful part you took yesterday, & nobody more than my Lord Temple, & his friend Mr. Pitt. Mr. Pitt was in the highest spirits, & foresees every good consequence from what passed yesterday in the House of Lords. Mr. Pitt says we have two such points — the corruption & immensity of the profit of the bargain, & the carrying the most odious part of the question, viz., the power of entering into private houses, particularly into part of the kingdom only — ^that, if we make a good use of them, must have an unusual good effect. He is for protesting, but I take that to be over. All the Lords are sending far & near to our friends, to be at the House to-morrow, & I hope your lordship will be there. The House is ordered to be summoned. "There has a very extraordinary event happened. S' Rob* Ladbrooke told the D. of Devonshire, that my Lord Bute had sent for S' James Hodges, to acquaint the Common Council, that if they would drop their address to the King, he would engage that the bill should be repealed next session. This has created an unusual flame in both Houses, both friends & foes, who call it a con tempt to both Houses of Par'., & preferring the Common Council to them. My lord, I hear, denies having sent any such message by S' James Hodges, but owns his having sent to S' James Hodges to talk to him. The ministers met at the Ho. of Lords, & seemed in great confusion. For this reason, as well as on the question of the bill, our friends hope every body will be in the House." * * Hardwicke MSS., Wimpole. VOL. Ill, Z 338 LIFE OF LORD CHANCELLOR HARDWICKE. A few days after the Cider BUl had been carried. Lord Bute suddenly resigned office, to the astonishment of aU parties. Assertions were very generally made & credited, that he had retired from the rising storm of national in dignation ; that he had bargained with his successors for personal security, in case any parliamentary inquiry should be made into his administration ; and that, although he nominally quitted the office of prime minister, his inten tion was still to direct affairs behind the curtain, pre serving its power without its responsibility. The chief reason of his resignation, was probably a want of able and efficient support from the cabinet which he had formed. His own public declaration was, " that having restored peace to the world, performed his engagements, and esta blished a system of policy so strong as no longer to need his assistance, his determination was to depart to that domestic life and literary retirement which he loved." In a letter to Lord Royston, Lord Hardwicke gives an account of his visit to court immediately after this event became known, and of the changes which were in conse quence anticipated. Mr. George Grenville succeeded Lord Bute as Prime Minister. " I was at court yesterday, to make my bow to the King, who was gracious as usual. I saw your Mr, Garrard there, making his observations, & therefore shall leave all political remarks & speculations to his pen, as being more proper to come from him by this channel of conveyance, than from me. I shall content myself with telling the naked matter of fact. Lord Bute did yesterday, in the forenoon, resign his great employment, with a declared resolution not only to quit that, but the court, & all public business — for he will avoid even the suspicion of being that invidious thing, a minister behind LORD HARDWICKE AT COURT. 339 the curtain. He alledges very bad health, which is be lieved to be true ; goes to Harrowgate forthwith, &, when he has finished his course there, to Wortley, Lady Bute's seat in Yorkshire, to stay the summer. *M, 41. .^ M, M. ¦TV' "TT "TT "Tr 'TP ' ' Lord Bute's intention to quit was not hinted to any body, not even to either of y^ Secretaries of State, or Mr. Grenville, till Good Friday morning."* Lord Hardwicke wrote again to his son on the 19th of April, and after alluding to the naval affairs of the country, he says: — " How far the Ship of the State may be said to be launched or not I will not pretend to determine. It still seems to reel, & its motions vary every day. Lord Ward kissed hands yesterday for a new title of Viscount Dudley 8^ Ward, Lord Dispenser took his place yesterday by writ, and Lord Holland^ does so to-day, but keeps his office of Paymaster. I heard him say yesterday that he should go immediately to his house in the Isle of Thanet, where Lady Holland was to meet him, & the latter end of the next week to go with him to France for the recovery of his health. He looks very poorly & goes with a cane. The King comes to the House to prorogue the Parhament, & what other new events this day or to-morrow may produce 'tis impossible to foresee in this variable season," \ And in another letter, which the Earl of Hardwicke sent to Lord Royston a few days after he stated : — " Whether the changes by placing & displacing are yet over, I know not. Something or other happens every day ; but what is now most observed upon is the fate of Charles * Hardwicke MSS., Wimpole. t Late Mr. Fox. X Hardwicke MSS., Wimpole. z 2 340 LIFE OF LORD CHANCELLOR HARDWICKE. Townshend, & the putting such a boy as Lord Shelburne at the head of the Board of Trade at this juncture. Lord B. is still in town, they say does not go to Harrowgate tiU the season begins, & then for a fortnight only. But I will not enter into these matters, as Lord Lyttelton* knows all that I know, & I beheve much more, and his anecdotes wiU furnish out more than one quidnunc between his lordship & you."f WhUe the exciting political events above narrated were in progress. Lord Hardwicke had been engaged in sitting for his portrait to Mr. Hoare, of Bath, whose picture of his lordship is still at Wimpole, as already mentioned, and which the ex-Chancellor appears to have considered the best likeness of him that had been painted. In his letter to Lord Royston, he tells him, — " My two pretty grand-daughters favoured me with their good company this forenoon in my drawing room, at sitting for my picture to Mr. Hoare. Lady BeU pro nounces that it will be like. "Mr. Hoare, I reaUy think, will make the hkest picture which has been done of your father." J Public affairs seemed but little affected by the late minister's retreat, party spirit increased in violence, and the press teemed with scurrilous publications. Amongst these, a periodical paper, called the North Briton, was pre-eminently distinguished byits attacks on men as weU as measures. The author of this journal was the celebrated John Wilkes, Member of Parliament for Aylesbury, and a Lieutenant-colonel in the Buckinghamshire Militia ; a man possessed of considerable talents and erudition, with an abundance of ready wit ; but ruined in fortune, and * Who was then going to pay Lord Royston a visit. t Hardwicke MSS,, Wimpole. X Ibid- WILKES's LIBEL IN THE NORTH BRITON. 341 disgraced by the most dissolute morals and profligate habits. His increasing embarrassments induced him, in the very beginning of this reign, to sohcit a lucrative post under government ; and attributing his failure to Lord Bute's influence over the royal mind, he began to vent his spleen against the ministry with such reckless abuse and calumny, that he at length raised a prosecution against himself, which has rendered him a prominent object in the annals of his country. On the 19th of April the King went to the House of Lords, and closed the session by a speech, in which he alluded to the estabhshment of the peace, on conditions honourable to his crown, and beneficial to his people ; to the successful negotiations with foreign powers recently effected ; and to the reduction of the pubhc expenses, and of the army. On the 23rd of April, the celebrated No. 45 of the North Britain was published, which did not confine itself to an abuse of the administration, but deliberately accused the King of uttering premeditated falsehoods from the throne. The pubhcation in question being laid before the Attorney-General, Mr. C. Yorke, and the Solicitor-General, was by them considered as a fit subject for prosecution. Accordingly, a general war rant was, on the 26th of April, issued from the office of Lord Hahfax, which ordered the authors, printers, and pubhshers, without describing or designating them by name, to be seized, with their papers, and brought before the Secretary of State. No less than forty-nine persons were taken up on suspicion, and amongst them a re spectable tradesman, who was carried from his bed, his child being ill in the room, whilst his house was thrown into the utmost confusion, and ransacked of his papers. After his seizure he was detained three days in custody without any proofs of guilt appearing against him. On 342 LIFE OF LORD CHANCELLOR HARDWICKE. the 29th the evidence of Messrs. Kearsley and Balfe, the publisher and printer, clearly determined Mr. Wilkes to be the author of No. 45 of the North Briton, StiU the general warrant was not withdrawn, but by virtue of it his house was forcibly entered, his doors and locks broken open, and his papers placed in the hands of his messengers, without any schedule or security for the recovery of them, and he himself was carried before Lord Halifax. Immediately after his apprehension, Lord Temple, at Wilkes's particular request, applied to the Court of Common Pleas for a writ of habeas corpus, and the motion was granted ; but before this writ could be prepared, the offender, having refused to answer any questions, had been committed to the Tower in close custody, and was for the present debarred from the visits of his friends, and even of his lawyers. To the professional reader the three following letters, which were addressed by the Earl of Hardwicke to Mr. Charles Yorke, the Attorney- General, on the subject of this very exciting case, cannot fail to prove of interest, as containing the sentiments of so great a lawyer and constitutional authority, on a matter which is of such leading and permanent importance. "Grosvenor Sq,, Saturday, April 3Qth, 1763.* " Dear Charles, — Mr. Webb has been with me, and given me some account of what has passed. At my desire, he shewed me your opinion in writing about the point of priviledge, which is always delicate ; and, there fore, we used to avoid giving opinions in writing about privUedge. For this reason, I desired Mr. Webb, if pos sible, not to produce the opinion ; or, if he did, to take it back, or to manage it properly. The priviledge has * Hardvricke MSS., Wimpole. LORD hardwicke's LETTERS ON WILKES's CASE. 343 been variously laid down, sometimes with an exception of treason, felony, c^ breach of y" peace ; & sometimes of treason, felony, i^ sureties of y^ peace. But your report is agreeable to the report made by Sir Tho. Lee, in Mr. Onslow's case which you will find entered in the Journal, 20 May, 1675; printed Journals, vol. 9, page 342. I desired Mr. Webb not to mention my name ; but to hint to the Secretaries of State to consult the Speaker (which I believe has been usually done in such cases), & he will probably consult Mr. Onslow. I put Mr. Webb in mind of Sir Richard Steele's case, who was expelled the House for his letter to the Bailiff of Stockbridge, at the latter end of Queen Anne ; but I do not remember that he was taken up. That was indeed during the session, & here 40 days redeundo are not expired since the prorogation. I take it for granted that Mr. Wilks will refuse to give bail, which makes this a point which should be thoro'ly considered. The present arrest may be considered as only in order to examination, so that it is open to the Secretaries of State to do as they shall judge proper afterwards. In all events, they shou'' consult the Speaker ; perhaps not so much for the light they will gain, as for decorum to the House. I write in haste, & am, " Yours affectionately, " Hardwicke." " Grosvenor Sq,, Sat, Night, April SOth, 1763,* " Dear Charles, — Since I saw you, Jack told me that the two Secretaries have made the warrant of com- mitm* against Wilkes, for being the author of a treason able & seditious libeU. I see now the reason of insisting so much on that word, which I suppose was to take it * Hardwicke MSS., Wimpole. 344 LIFE OF LORD CHANCELLOR HARDWICKE. clearly out of the case of priviledge, which certainly cannot extend to treason, " But abstracted from that, a case has occurred to me of a prosecution, in my own time, against a member of the House of Commons, for a misdemeanour of an infamous nature, as a libel is also supposed to be. It is the case of John Ward, of Hacknej, for forgery. After a verdict and judgm* against him, I laid a copy of the record before the House, & he was expelled upon my motion. I know he was not in custody during the pro ceeding, & believe he gave bail ; but of this I will not be sure upon my memory. I was ordered by the House of Lords, by an order made upon hearing his own appeal, to prosecute him for the forgery, & thereupon I filed the information in my own name. I believe he came in upon the venire or capias, & put in bail ; but this Mr. Webb or the clerk in court may find, as I sup pose, by searching the recognizances of that time, in the Crown office in the King's Bench. The year was 1724 or 1725, but I believe the latter, & possibly the pro ceeding might run into 1726. I think this wiU be a material case for your purpose, & possibly to be quoted in the course of the motion in the Common Pleas. " I am, always, ' ' Your very affectionate " Hardwicke. "P.S. I desire you will take a note out of this letter, & then burn it ; for I have nothing to do in this affair." "Grosvenor Sq,, Monday Evening, May 2nd, 1763.* "Dear Charles, — Mr. Onslow has been with me, & I found him in a more moderate & reasonable way * Hardwicke MSS., Wimpole. COMMITMENT OF WILKES TO THE TOWER. 345 than I expected. I could perceive that my last night's conference with the noble Duke had produced a good effect, for his Grace had seen several of these gentlemen this morning. " The nature of the libel, as it regards the King per sonally, as now explained to them, strikes many of them in a way they did not feel it before. I sounded him about his father, & he says that he has been searching into the point of privilege these two days ; that he can find no precedent in point, & is rather ballancing ; but is inclined to be of opinion that privilege does not extend to the case. This may possibly be part of the reason of what he told me farther, if his information is right, viz. that Mr. Wilkes will offer to give bail to appear. He said Lord Temple had declared this. If so, their topsail is lowered since Saturday ; for, if they had deter mined finally to rely on the point of privilege, I think this would not have been said. Possibly they may think that such a point may spend so much time in deter mining, as may keep him in the Tower a great while. He told me a circumstance which I never heard before, that the word treasonable is left out of the commitment to the Tower. Another thing he said, which you did not mention, that they have given notice to move to morrow for an attachment against somebody (he did not know whom), for changing the custody after notice was given of the hab. corpus to Mr. Webb. " Don't mention your having any of these circum stances from me, but burn this letter as soon as read. " I am, your's affectionately, " Hardwicke. "P.S. In a letter received from Bath this day, your brother complains of your not answering his letter. Pray write him three or four fines by to-morrow's post. 346 LIFE OF LORD CHANCELLOR HARDWICKE. which you may now do cavaherly, having answered his case." The extract which foUows, from a letter which was written by Mr. John Yorke to his eldest brother, affords some account of the earher part of the legal proceedings in this famous case. " Spring Garden, May 3, 1 763. "It is reported that L'' Bute set out for Harrowgate yesterday, & his case is worms. If Wilkes had heard of that some time ago, I think he would have given him a touch upon it in the N,B, That gentleman has at last con trived to be taken up, & sent to the Tower. He disputed the warrant, at first, because he was not named, but only laid hold of upon suspicion of his being the author. He mov'd his habeas corpus the same day, which issued, directed to the messengers who took him. In the mean time he was sent to the Tower, & so the messenger return'd that he was not in their custody. Upon that, another was pray'd, & he was brought up to-day. It was mov'd in the Com. Pleas, for Pratt's sake, & to the ease of L^ M— — d*, tho' design'd as a reflection. Such a writt has not been mov'd in that court since y® reign of C. 2nd. The Attorney & Sol. Gen' did not attend the court upon it, but left it to the King's Serjeants Such a crowd was hardly ever known, & his cause is very eagerly espoused in the city. They found, it seems, several letters in his own hand to y" printer, & several of y" papers ; particularly y* on y'' Speech, & that w'^'^ was to have followed it on y^ Thanksgiving, The warrant to apprehend him call'd it a treasonable & seditious hbel; but I am told y* y" warrant for his com'itment stiled it false, scandalous, 8^ malicious, highly reflecting on His • Lord Chief Justice Mansfield. WILKES's CASE IN THE COMMON PLEAS. 347 M ty & his Governm*. He was taken up upon y® opinion of y^ Att. & Sol. The town has divided them in opinion, as usual, & made Peter * much y^ most violent. I dare say with* foundation." f Lord Hardwicke sent to Lord Royston the following account of the proceedings in this case, in a letter written on the 3rd of May : — " Mr. W.'s quarters have at last been beaten up, & the daily papers will tell you how they are at work in Westm' Hall. I am told, that the sending him to the Tower was out of respect to the House of Commons, who aUways commit their own members to that prison. I was from the first astonished at that paper of April 23rd. The whole affair is matter of much observation, & makes a great noise ; the rather as the Court of Com. Pleas is not the usual court to apply to for such a writ of habeas corpus ; & I believe there has not been one of this kind moved for there since the year 1670. I suppose they are now debating there whilst I am writing, & I will keep my letter open to insert the event, tho' I guess it can hardly be over to-day." However, in a postscript. Lord Hardwicke added, — " I have just now heard that the hearing of council in the Common Pleas ended before three o'clock. The Court gave their opinion, that the return made by mes senger to the first habeas corpus was insufficient. As to the 2nd, which is upon the commitment to the Tower, they have taken time to consider of the exceptions taken to it till Friday next. In the meantime, he is remanded to the Tower. I am informed, by good authority, that * Peter BuUcalf, a nickname for Sir Fletcher Norton, t Hardwicke MSS., Wimi)ole. 348 LIFE OF LORD CHANCELLOR HARDWICKE. when Wilkes spoke in court, complaining of hard usage, at his going away, there were such shouts in the HaU, that you would have thought the seven bishops had been acquitted. Quam dispar occasio!" * Dr. Birch, in a letter to Lord Royston, gives a full account of the proceedings in this famous case, and of the arguments before the court on the subject of the habeas corpus, where Dr. Birch, who was at this time in constant intercourse with the Attorney- General, was himself present on this interesting occasion. " My former, on this day se'nnight, acquainted your lordship that Mr. Wilkes had been that day taken up for his paper of the Saturday preceding, on the inforraation of his publisher, who readily named him as the author, and produced the original of it. The warrant for seizing had not his name in it, but was a general direction to take into custody all persons concerned in the paper called the North Briton. Upon looking in it, he told the messengers that they might as well seize Mr. Geo. Green, or any other of the messengers, & that he should not com ply with it without compulsion. This occasioned one of them to step to Lord Halifax to know what was to be done in this case, who told him to return and use force, if Mr. W. resisted ; and, it is said, he returned to find a file of musketeers for him. When he was brought to his lord ship, he told him that his lordship must proceed upon what he knew himself, for he should not add to his knowledge by answering any questions. "In applying for an hab. corp. he had been refused by every lawyer at the bar except Glynne, who has got great reputation by his able pleading in this case. " On Monday, the return to the habeas corpus, granted by the Court of Common Pleas on Saturday, was made by the King's messengers, that he was not in their custody ; which answer was long disputed as not sufiicient, but at last submitted to by his council, three of the judges being of opinion that it was sufiicient, and Ashurst and Gould dissenting. They then granted a new hab. corp., directed to the Lieu tenant of the Tower, and accordingly he was brought up on Tuesday. He then read a speech, written by himself, in which he complained of * Hardwicke MSS,, Wimpole. DISCHARGE OF WILKES OUT OF CUSTODY. 349 the hardship of being restrained in the manner in which he had been, no person having been allowed access to him all Monday evening ; for when the D. of B. and Lord Teraple went to the Tower on Sunday, they were refused adraittance, upon which the latter said, he thought he had heen at the Tower, but found himself at the Bastile. Mr. Webb endeavoured to excuse the rigour of this restraint as usual till leave of access had been allowed by the Secretary of State who committed a person, but seeraed to think as if it had been wrong. " The objections to the second warrant were that it contained he was committed to the Tower for being the author, by the former of which words the Secretary made himself a judge. The second, that the offence was not stated clearly enough for the court to judge whether the com mitment was right or not ; and, 3rdly, that no member of Parliament can be imprisoned, except for treason, felony, or breach of the peace, which the publishing a Ubel is not. " The council against Mr. Wilkes on this occasion were Serjeants Whittaker, Nares, and Davy, the last of which, arguing precedent from prerogative times, was called to order by Serjeant Glynne. The Lord Chief Justice took a few days to consider of the commitment. He said he was sure Mr. Wilkes would not be sorryto bear a few days' more confinement for the more secure determination of a question that so highly concerned the liberty of his fellow-subjects. There were great acclamations in his honour, both in the Hall and Common Pleas itself, as well as in the street itself, as he went back to the Tower. " When he was first seized, he told the messengers he would not submit to a warrant which had not his name in it, and only directed the taking of all such as were concerned in the seditious libel in the North Briton, and that he would not go with thera unless compelled ; upon which one of them went to Lord Halifax, who ordered them, if he re fused to obey, to use force."* The next letter, which is to one of the members of Lord Hardwicke's family, from their friend Dr. Wray, contains some further particulars relating to this affair. " This morning, Wilkes's affair was ended in the Common Pleas. Of the three objections made to his commitment, the court disallowed the two first, but discharged him upon the third, viz. Pririlege of Par Uament. He made a short speech to thank the court and his council, and then turned about and made a low bow to the crowded audience which filled the HaU. This occasioned such a shout as reached the * Hardwicke MSS., Wimpole. 350 LIFE OF LORD CHANCELLOR HARDWICKE. Exchequer, and called us all down from our seats. The handbills, which you see in the papers, were distributed even while Lord Chan cellor was passing, who called to the constables to seize the fellow ; but all he got was a curse upon such law and such lawyers. It is wonder ful to consider the crowds this business has collected, and the eager ness it has introduced into conversation. " The shout upon the discharge must bring to one's mind that at the acquittal of the seven bishops ; but the cry of Liberty and Wilkes more naturally recalls that of Liberty and Murray. Had he staid longer in the Tower, I suppose the list of his visitants would have made a figure. The names of those who waited on the Earl of Oxford there are preserved in an article of the Harleian collection. ****** " I am obliged to stop here, it being four o'clock, as Mr. J. Yorke expects us at dinner ; from whence we are to adjourn to Lord Hard wicke's, where we shall have the honor to assist at a commerce party vrith the young ladies." * On the 13th of May Lord Hardwicke had a long visit from Lord Egremont, of which, with the full particulars of the conversation that took place between them on the state of affairs then existing, the learned ex-Chan cellor has left an account, in a letter addressed by him to the Duke of Newcastle on the same day. " This day, at noon, I had my visit, which you was informed stood then appointed. It began in the stUe of the letter which your Grace saw ; professions of general respect, & civility, & desire to see me before I went out of town, thinking I was going for the summer. After these civilities were over on both sides, we feU upon the never-faihng & inexhaustible topic of Mr. Wilkes. I found my visitor was very sore with it, but talking with prudence & moderation upon the subject, owning at the same time that his master was extremely hurt & pro voked with it. " This I could not wonder at ; & you may be sure that * Hardwicke MSS., Wimpole. LORD egremont's VISIT TO LORD HARDWICKE. 351 I did not make myself a partisan of Mr. W. ; but I avoided giving an opinion upon any point, and, to do my visitor justice, he did not push for it. We then fell upon the general state of things, both of us lamenting the present violent & disturbed situation & fermentation. I took the hberty to blame, with some freedom, the narrow plan upon which this administration was formed, & the proscrip tions which were given out in the world to be fixed upon certain persons, as being directly contrary to the King's plain interest. He professed to wish of all things to see the bottom widen'd ; that he saw the interest of the King & the public in it, and nothing cou'' possibly give him so much pleasure. As to proscriptions, he hoped none were so fixed as to be irreversable ; but he owned that, as to two persons, (whom your Grace will name to yourself, without my doing it,) he believed his master would run great risques before he wou'' submit to admit them, & whoever shou'' venture to propose it wo'' pass their time very ill. I need not relate to your Grace what I said of the impropriety & the blamable part, in anybody, to instill into the mind of a Prince an absolute, determin'd exclusion of any men, or sett of men, whom the circumstances of things might make necessary to restore tranquility to his government ; especially in this country, liable as it is to popular turns, which some times make it necessai-y for kings to fly for their own sakes. He gave me to understand, without directly saying it, that, as to those he called my friends, there wo^ be no insuperable difficulty. But that the trium phant procession into the city, manet alta monte re- postum ; & has been frequently mention'd to himself, & particularly revived & aggravated by the countenance now given to W. In order to dash any hopes of making a division, I said that he knew as well as any body. 1 \ 352 LIFE OF LORD CHANCELLOR HARDWICKE. that, in this country, there were such things as honour able connexions, which some might represent under the odious name of faction ; but might really be only neces sary engagements, in order to carry on & effectuate right & necessary measures. That, by breaking thro' such honourable connexions, (if supposed practicable,) indi viduals might be gained ; but they wou'' come naked, & be rendered unable to serve either the King or them selves. He seemed to understand & feel the weight of this. " The rest of our conversation was general; but something was thrown out about the incredulity of the world that Lord Bute was really & absolutely retired, & the general opinion that he still acted as powerfiilly as ever behind the curtain. He professed not to have dis covered any. traces of that kind since he went to Harro gate, but owned to me full as much of what had passed before as your Grace told me Lord Halifax did to Mr. Legge, & just in the same sense. He also made fiill as strong declarations of his own positive determination, the moment he shou'' make any such discovery, to have nothing more to d.o, as that lord had done to Mr. L. He added, that he knew Lord Hahfax was in the same resolution. "This is the substance of what passed material : the rest was paper & packthread. He said, parting, that as I was going to Wimple for three weeks, he wou'', after my return, come to me some evening, & have a fiill con versation ; which, being going to Court to attend upon the Venetian Ambassadors, he cou'' not have now. The strongest assurances were given on both sides of absolute secrecy, & saying nothing of what had passed, or our being to meet again. " Therefore I must insist that nothing of this, even LORD hardwicke's OPPOSITION DINNER. 353 loose as it is, be mentioned to any, even the most con fidential of our fiiends."* Lord Hardwicke thus expresses his sentiments on the subject of Wilkes's affair, in a letter to Lord Royston written on the 10th of May : — " I do not think that there was any thing so extra ordinary in this case in the second commitment, since the custody of a messenger is presumed to be only a transient custody, not to continue, but only for examina tion. Your maxim of via nita via tuta is generally good, but not allways so in the Secretary's office, where some of their forms were settled in times of a more rigorous & extensive exercise of power. I had not heard of the ballad you mention ; but the whole of the affair, & the violent fermentation raised upon it, give the true friends of the King and his government very serious reflections, & ought to induce them to concur in proper methods to calm & cure it."t An allusion to a report about himself which had ap peared in the newspapers is also contained in this letter, with Lord Hardwicke's observations on his career : — "You may possibly have read in the papers of my having what is called ati opposition dinner. There Js no truth in it; for I had o.'?ly''haIf a dozen particular friends — the Duke of Devonshire, the Duke of New castle, Lord Bessborough, Lord Geo. Cavendyshe, & the Attorney-General. After having been Attorney- General ten years. Chief Justice between three 8^ four years, 8^ Chancellor almost twenty, I shall not now contradict all the principles, & all the rules of law & order, which I have been maintaining all my life." • Hardwicke MSS., Wimpole. t Ibid. VOL. III. A A 354 LIFE OF LORD CHANCELLOR HARDWICKE. Very shortly after this Lord Hardwicke Went down to Wimpole. Soon after his arrival he writes to Lord Royston, and the following extract from his letter affords us some account of his journey down, of his diversions there, and of the pleasure afforded him by the change from the turmoil of the town to this rural retreat. " Saturday afternoon afforded the heaviest rain on my road that has been this spring, so that my servants were wet thro' & thro'. But I don't find they have caught any cold of consequence by it ; & the rain has done a vast deal of good to the country. This place is extremely beautiful, & there is at present a great prospect of corn, grass, & fruit ; but we want the wind to come about to the west. Mr. Bury* & I go on very har moniously ; I mean in silent harmony. ' ' I am much amused with reading Lady M. Wortley's letters. I knew so much of her ladyship, as to be sure they are genuine, & think it the prettiest book of letters that has been published of late years. I even prefer it to the collection of her former friend & later enemy, Mr. Pope. If I should travel in my old age, I should certainly go to Turkey. " One of my great pleasures here is being free from the noise, & eternal talk ab* Mr. Wilkes. You say you fear that one opportunity "i cg,lmm.s: h curing ^q present ferment has been let slip, & doubt about any other. On that subject I can write nothing ; but I desire you will enquire of your brother John, & make him give you a full account of the relation I made to him, & his brother Charles, the night before I left the town. I name Jack, because Charles does not much love to narrate, nor has time for it.''t * The Architect, f Hardwicke MSS., Wimpole. ex-chancellor's birthday visit to court. 355 His visit at Wimpole, however, it seems, was not to be of very long duration, as towards the end of May he writes again to Lord Royston: — " On Thursday morning I hold my intention to take leave of this place for the present. I shaU do it with regret as usual ; but I think, as at present advised, that I should pay my duty on the birthday."* Lord Hardwicke's loyalty prevailed over his love for the country, & his own ease & quiet. He adds in this letter, — " If Voltaire's second vol. of his History of Russia is not better than his first, I would not give one farthing for it " Your letter of yesterday is this moment come in. It requires no addition to this but my thanks, & entire ap probation of your going to ball-masquee. How do you know that I don't intend to be as gay, for I did not teU you what my answer was ? Look for me amongst the Kiatrias." Lord Hardwicke accordingly returned to London as he intended, and also, as he intended, paid his duty to the King on his Majesty's birthday. In a letter to the Duke of Newcastle, written from Grosvenor Square, on the 8th of June, after referring to the conference with Lord Egremont, Lord Hardwicke proceeds : — " I saw my friend at court on y^ birthday, when the place did not admit of any thing but common comph ments, & on Sunday I called at his door by way of returning his visit, but he was not at home, & in fact I believe was not so. I shaU wait now to hear from him, * Hardwicke MSS., Wimpole. A A 2 356 LIFE OF LORD CHANCELLOR HARDWICKE. for we shall get nothing by seeming too forward. I hear Lord Lyttelton is expected in town to-morrow, & thro' that channel I may perhaps learn something further. His son is got well ; & I am told his illness proceeded from being poisoned with bad wine, which had been overdosed with arsenick in y* fining. " I do not wonder at y'' speculations, which your Grace mentions to be flung out relating to any supposed intercourse between persons of different complexions in the present awkward situation. That the ministers, whoever they are, should wish to divide an opposition, is a natural suggestion, & that the more violent should suspect the more moderate is as natural. For my own part, I have never disclosed any thing that passed, except to your Grace, nor do I believe that it has been done on y^ other side. But I am convinced y^ truth is that all y° jealousies (§- surmises proceed from other causes. They cannot digest the different manner wherein the affair of Mr. W. has been received & treated by us from what it has been by them, & that we have not gone as deep in avow ing him & his cause as they have done. This is what lies at the bottom, tho' my Lord T. having cooled a little, talks more calmly, and endeavours to palliate. In doing this, both his lordship & Mr. P. must see their own interest ; for if they do not preserve their connexion with your Grace & your friends, they will be in danger of being left as naked as they owned themselves to be four or five months ago. They wUl have no party but the Half Moon Club, & I question whether they have them now so entirely as they had formerly. But that liaison has allways been kept up to a certain degree, & this pro duced the communication about the cyder addresses, which was apparent. " Beardmore, who is y^ great supporter of y" minister. LORD hardwicke's OPINION OF WILKES'S AFFAIR. 357 & was very justly committed by y^ Court of King's Bench when Undersheriff, for not doing y'^ duty of his office in setting Dr. Shebbeare in y" pillory, is Attorney for Wilkes, & his Chck attends him. These are fellows who wo'' have hanged your Grace & me a few years ago, & would do so still, had they y'' power. I don't mention this as thinking it should alter our conduct with regard to Lord T. & Mr, P. I think quite otherwise ; but to shew that all the grounds of jealousy, & want of con fidence, do not ly on one side, & that there are at least as material ones on y" other. " Your Grace says that Mr. P. is certainly, 8g was from the beginning extremely moderate ; and I agree that he was much more prudent than the other. He avoided talking about the affair, & did not suffer himself to fly out in conversation, at least with us. But your Grace did not find that the very wise & kind admonition which the Duke of Cumberland gave him appeared to have any effect. It is true that his bro'-in-law had dipt him self very deep before, & we know that he has made it his rule not to separate himself from him, even where he does not approve. How far that rule may carry him, I know not. " Indeed, my dear Lord, I cannot help looking upon this affair of Wilkes as big with very mischievous con sequences, even suspended, as it now seems to be, till the next session. Tho' of this last nobody can be sure, for the actions brought by Wilkes himself may keep y^ flame in activity till y« circuits at least. But the mis chievous consequences I mean are chiefly with regard to y« part Mr. P. may take. The Marq' of Rockingham was so good as to give me some account of what passed in conversation in his visit at Hayes, great part of which turned upon this subject. As I understood the Mai-q^ 358 LIFE OF LORD CHANCELLOR HARDWICKE. y* sum was this. ' Mr. Pitt declared his opinion very plainly, y* Wilkes was entitled to privilege. He doubted much whether the North Briton, No. 45, is a libel, & whether the holding it to be so would not in a high degree infringe y' liberty of y^ press, as to censuring y^ transactions or advice of ministers. He said further, that he could never depart from his opinion that y" jury are judges of y« law as well as y^ fact.' I lay much more weight upon these declarations of his own than I do upon all my L'' Temple's loose, vague professions of thorough union, &c. These are points of great consequence, wherein I believe many of our friends will not follow him, & that may create a breach ; my apprehension is, that he will set himself up for as peremptory a judge of constitu tional law as he did in y^ case of y^ Hab. Corpus Bill in 1758, when he laid it down as a maxim, y* y" lawyers are not to be regarded in questions of liberty. For my own part, I did not give way to him then, nor wiU I do so now, where in my judgment I differ from him. In political points I can show a deference for his opinion, but I will never act so mean a part as to give up all my knowledge & experience in the law, & all y^ principles ab* y"= legal prerogative of y^ Crown, & public order, and good government, which I have been endeav^ to support all my life, in complaisance to any man. When I speak of myself, I mean to include my friends in the House of Commons, for probably it may not come into the House of Lords. And yet I think I see more ways than one by which it may be brought thither ; & if Mr. P- should be overruled in y'' House of Commons, he may possibly do as in y^ former instance, bring in some bill to alter the law in some point or other. ***** " Nor can I lay more weight upon L'' T. & Lord P.'s LEGAL POINTS IN WILKES's CASE. 359 opinions ab* the method of proceeding in Wilkes's affair. I have heard nothing of any intention to push y^ expelling of him out of y* Ho. of Commons. If that sho'' be attempted, they must certainly prove him the author or publisher; & I have heard it affirmed (tho' I don't know it), that the secretaries have in their hands the clearest proofs upon y* point. " Now for your Grace's questions. The House of Commons may certainly enter into proofs & examine witnesses, relating to y* author or publisher of a libel, if they judge it proper for their notice, tho' their determi nation will not be conclusive to a court of common law. They did so in y'= case of Mr. AsgiU in 1707, & of Sir Richard Steele in 1713 ; & tho' in both these cases the persons charged confessed themselves the authors, the House would have entered into the proofs, if they had not confessed it, & in Asgill's case had actually taken, & had them reported by a committee, "The case of Mist, in May 1721, is a very strong precedent. The House gave judgment, & committed Mist to Newgate, upon his name as printer appearing at y° bottom of y^ paper, & then ordered an address to y" King, & a general committee of libels. "As to proceeding to expulsion, there is certainly a particularity in this case, wc'' did not occur in those others, viz., that y^ Crown has put it in a way of legal trial by information, which is now depending. But it is to be consid'' that the King may, if he thinks fit, put an end to y^ information by nolle prosequi; or if not, & the House of Lords hold Mr. Wilkes to be entitled to pri viledge, & he will not waive it, there will arise a new consideration. Is justice absolutely to stand stiU in such a case ? or shall the House proceed against their 360 LIFE OF LORD CHANCELLOR HARDWICKE. own member, who stops y^ course of justice by insisting upon y" privUedge of y* House ? " But all these are merely the speculations of my own thoughts, for I assure your Grace, upon my honour, I have never heard one word hinted about any such pro ceedings. My meaning was only to answer your Grace's questions ab* y^ precedents. Both the House of Lords & the House of Commons have entered into proofs ab* the authors & pubhshers of libels in many cases. Your Grace remembers the instances of Paul Whitehead, of the constitutional queries upon y^ Duke of Cumberland, & there are many others. This last instance puts me in mind of another way in w"'' the House of Lords may be mixed in this affair, for y" resolution of y® Lords was in y* last case sent down to y^ House of Commons, who concurred in it, & there was a joint address. " I have already told you that I was at court on y' birth-day. I saw there y^ Duke of Grafton, Marquis of Rockingham, & many others of our fi-iends. Nothing passed but common levee civility, ab* having been in y° country, & y^ north-east wind. ***** " P.S. Since finishing my letter, I called upon Charles, & found him at an early dinner, in order to go to his diversion in Lincoln's Inn Hall. I interrupted him so far as to get from him a very brief acc* of what passed in yesterday's conference, which he begged me to ac quaint your Grace of, with his duty, because he cannot possibly find time to write himself before y® end of y° week. " Every thing passed in y« most friendly manner. Mr. P. opened y" conference, by avowing that he wanted to talk with him upon business. The conversation rolled PITt's CONFERENCE WITH CHARLES YORKE. 361 on three points — Mr. P. himself, the Attorney- General, & Mr. Wilkes, w"'' last Charles brought in by way of incident. Mr. Pitt made a very complimentary exordium of his regard for Mr. Attorney, & then passed to his own situation. That he was united with y^ Whigg party, was a Whig, & would stand upon no other ground. That such of y^ Tories as would come to them upon proper terms ought to be received. This had been always his opinion ; but to make y^ bottom & ground-work of y® administration Tory, & only superadd Whigs upon that, he WOU'' never come into it. He had y^ honour to be united with several great Whig lords, who incidentally (I think y* was y'= word) passed under y^ description of y^ Duke of Newcastle's friends, & were y" main pillars of y^ Whig party. That he was a Whig, & meant to act upon Whig principles, upon which he enlarged. " As to Mr. Attorney-General, he had the greatest esteem & friendship for him, w"'^ had encreased as their acquaintance had proceeded, which was of long standing. That he had never done any thing to forfeit his reci procal friendship ; however he had been misunderstood. He owned that he had a great regard for my Lord C. J. Pratt, but never in prejudice to him, & wished Charles to live upon good terms & in confidence (I think) with his lordship. That the only competition which could arise between them was in a case of a change of y^ Great Seal, either by y* disability of y'^ present possessor, or any other contingency. That he shou*^ give or avow his opinion y* y® King & y" public wou'' be well served by either ; but his original acquaintance was with JNIr. Attorney, & it wou'' be unbecoming in him, & he shou'' be ashamed, to attempt any thing to his prejudice. He shadowed out, by way of comphment, that there might be some circumstances in his case that might make him 362 LIFE OF LORD CHANCELLOR HARDWICKE. fitter for such a high office ab* the Court than the other. That all he wished was, that when y« event should happen, it might be so adjusted as to be with y« satis faction of my Lord C. J. Pratt & his friends. [Here I cannot help observing, by y^ way, that it is pretty diffi cult to adjust such an affair to y^ satisfaction of y? party interested ; & as to his friends, I am not enough apprized of his pres* connexions to know of any considerable ones he has besides Mr. P. & my Lord T., & Mr. P. himself can go y" farthest to satisfy y"".] " After Mr. P. had gone thro' both those points, much more at large than I can relate, &, indeed, than was related to me, Charles made such civil & amicable answers as occurred, but he had not then time to tell them to me. And then he took notice of Wilkes's affair as being a very unfortunate event, which gave some advantage to y" enemy, & produced disagreeable conse quences. " Mr. P. interposed very decently, & said he had not touched upon that matter with him, because he knew that he was officially & by duty engaged in it ; to w"'' Charles replied, that he himself took it up only in respect of y" political consequences, on w'''^ he enlarged. " Mr. P. then said that he owned it was an unfor tunate affair, but he hoped not of so great consequence as some apprehended. That a great noise had been made ab* a part my Lord Temple had taken ; but what did it amount to ? He had visited Wilkes in y« Tower ; & what then ? Mr. Wilkes, a Buckinghamshu-e neigh bour, an old acquaintance, in distress ! That, for his part, he was most intimately united with my L^ T., & would never leave him. That he did not think y" poli tical consequences of this affair so important as some imagined. That he himself saw a power & a centre in LORD hardwicke's REASONS FOR OPPOSING MINISTERS. 363 y^ argument & debate of it, & it must take its course, or to that effect. " This is all I can recollect, and I believe the whole substance of what was told me. I leave your Grace to make your own reflections. Every thing passed very amicably & well, & it may be all very sincere ; but I own it smells a little of y* holy water w"*" great men are apt to sprinkle when they have a mind to baptize others into their political faith. But this (as the news-writers say) time will discover. I own I fear that some great part of what he said about Wilkes's affair gives too much countenance to y" apprehensions expressed in my letter."* In a letter to the Lord President of the Session, which was written on the 12th of June, Lord Hardwicke thus described his position and feelings at that period : — "The scene is prodigiously changed since your lord ship saw us ; indeed, it has changed several times. The actors who have gone & come on you know, & in general the motives are no secret. I think none of the persons whom you honoured with your friendship here have been left upon the stage some time. As to myself, no great part could be taken from me, because I had none ; but that seat, which I had been permitted to retain in the King's Council, I was excluded from just before the last session of Parliament. "When I said the motives of these alterations are no secret, I meant that the subject of them must appear to every body to have been the elevation & support of one man's power " Your lordship has undoubtedly heard of me as an opposer. It is true that, in conjunction with several of * Hardwicke MSS., Wimpole. 364 LIFE OF LORD CHANCELLOR HARDWICKE. your lordship's & my old friends, I have opposed certain particular measures. When I have done so, it has been accord^ to my judgm* & conscience, with the greatest duty to the King, & a sincere zeal for his service & that of the public, & I am not ashamed of it."* The following amusing anecdote by Dr. Birch, respect ing the misappropriation of one of Lord Hardwicke's venison presents, may afford entertainment to the reader : — " Dr. H., just returned from Cambridge, where he kept an act for his degree of doctor of physic, brings to town some good stories of absurd behariour in the Vice-Chancellor. On Sunday, when the new doctors dine with him, he omitted to inrite as usual any noblemen, and gave his company a bad dinner, vrith only a pasty of the half buck presented him according to custom by Lord Hardwicke, having reserved the haunch for the entertainment of some select friends in the College the next day !" f The next letter from Dr. Birch to Lord Royston con tains an original account of the trial of the action brought by one of the printers of the North Briton against the messengers who seized the printing apparatus. Dr. Birch was present, it appears, at the trial. " When I saw your lordship the night before you left town, I had no thoughts of exposing myself to the inconvenience of attending a long trial in a small court, and in suramer season ; but my curiosity after all prevaUed, and I was present, tho' in no very favourable situation, at that between one of Leach's pressmen and the messengers, in which the former who laid ^61000 damages against thera, had ^6300 with costs allowed him by the jury. The whole weight of the defence of the messengers lay upon the Attorney and Solicitor-General, there being but one sergeant to assist them, Whittaker, who only examined a witness. The counsel for the plaintiff were Sergeant Glynne, Mr. Stove, Mr, Dunning, (the author of the defence of the East India Company against the memorial of the • Hardwicke MSS., \A'impole, f Ibid, ACTION BY THE NORTH BRITON PRINTERS. 365 Dutch,) Mr. Wallis, and Mr. Gardiner. The court sat a quarter before ten, and the jury gave in their verdict about eight. " The plea for the defendants was that as they acted by warrant from a Secretary of State, having produced that warrant they were indemnified by acting under a lawful authority, and the counsel for them urged two Acts of Parliament made in the reign of King James L, and one in that of the late king in favour of insuring officers executing lawful warrants. They endeavoured likevrise to engage the Lord Chief Justice and jury to bring in a special verdict, and leave the point of law to be more solemnly determined. His lordship declared hiraself ready to give his opinion upon the law, if the jury should be inclined to receive it, rather than to give a special verdict ; but they expressing their readiness to give a general one, he proceeded to give his opinion that the Secretaries of State are not comprised in the three Acts of Parliament, and that the messengers having probable cause to apprehend Leach and his man, could not be justified by the warrant, however legal it might be ; though he seemed to throw in some doubts of that, as it contained no name, and was not granted upon oath. Carrington was the man who had given them instructions to go to Leach, upon a slight information from an old printer that young Richardson having discontinued the printing the North Briton at No, 25, Leach had undertaken it ; and that he had seen Wilkes go into Leach's house. " The Attorney-General in his first speech was not sparing in his re presentations of the licentiousness of the North Briton, especially on the tendency of his national invectives against the Scots nation to break the union. " Wilkes was in court the whole time ; and when he went away was received with the loudest acclamations in Guildhall, and I presume in the street ; while the Solicitor-General was hissed out of the court. " On Thursday morning came on a second trial between another of Leach's men, which lasted but a short time, and ended in an agreement to aUow him, and each of his twelve compositors, ^6200 and costs of suit." * Mr. Dunning, here alluded to, was afterwards one of the most distinguished advocates which this country ever produced ; and his argument in this case against general warrants is said to have at once estabhshed his reputa tion as a lawyer, and laid the foundation of his future * Hardwicke MSS,, Wimpole, 366 LIFE OF LORD CHANCELLOR HARDWICKE. fortunes. He was born at Ashburton, in Devonshire, in 1731, where his father practised as an attorney, and in whose office he commenced his legal career, thus be ginning his professional life in the same mode as was pursued by the subject of this memoir. Mr. Dunning afterwards came to London, and entered as a student at one of the Inns of Court, where his principal companions were Mr., afterwards LordKenyon, and the subsequently celebrated Home Tooke. On being called to the bar, he went the western circuit, which he afterwards exchanged for the northern. For six or seven years, however, his suc cess was but very moderate. On one occasion, a leader on his circuit having been attacked with a fit of the gout, — to which the luxurious living enjoyed during the period of these professional peregrinations no doubt largely con tributed, — placed his briefs in Mr. Dunning's hands, who conducted the cause so ably that, in a short time, his practice began rapidly to increase, and he eventually be came one of the most skilful and eminent advocates of which the English bar has been able to boast. What is, in reality, the best evidence of the powers of an advocate, it might be difficult to determine fully. It may be thought by some, that his average success in the causes he undertakes is the surest proof of this. This is, however, by no means an invariable or infallible test. Perhaps the finest arguments and the most eloquent rhetorical efforts, both in ancient and modern times, have been those which have proved unsuccessful in the result. The acknowledged extraordinary power of the advocate may often lead him to be engaged in cases where, but for dependence on his ability, the contest would never have been carried on ; and in the majority of cases of this kind he must be almost necessarily un successful. It is not merely the nicely -balanced proba- CHARACTER OF MR. DUNNING. 367 bilities of success on either side, that induce persons to go to trial ; but, where the stake is very great, so as to render the cost of this but trifling in comparison with the magnitude of the interests involved, it is often deemed worth while to try the fortune of war, — the chances of " the glorious uncertainty of the law," — rather than submit at once to defeat and spoliation. Many events and circumstances and accidents, altogether unfore seen, may arise before, or during the period of the trial ; and it is in a skilful availing of these, a dexterous use of sudden opportunities, that the advantage of retaining an advocate of pre-eminent ability may be shown. On the other hand, it is the man of only moderate power and skill, who is trusted merely in cases where the merit is seen decidedly and obviously to preponderate on his side, who can boast of being successful in the majority of his undertakings. Dr. Birch mentions in another letter addressed to Lord Royston, on the 16th of July, 1763. " The principal of the exceptions made to the tryal of the messengers is, I am told, to the court's having refused to hear as eridence the books of the Secretary of State's ofiice relating to the granting of warrants." It is probable that we are in some measure indebted to Dr. Birch's intimacy with Mr. C. Yorke, for the accurate and clear manner in which he describes the events at some of the important trials which he witnessed. Dr. Birch in some instances accompanied his friend to the scene of these exploits, in which the latter was to be a principal performer, and had the advantage of talking over with him the points of leading interest which arose, so that though the handwriting is that of the reverend Doctor, the voice is that of the learned Attorney- General. His own opinions and feelings on the subject may be deemed to be here shadowed. On the particular occa^ 368 LIFE OF LORD CHANCELLOR HARDWICKE. sion before us Dr. Birch partook of the hospitalities of his friend, with whom he discussed the events of the day after the conclusion of the dinner — a particular time when, if any reliance can be placed on the old adage, the real sentiments of the lawyer would be most hkely to be laid open. The next letter is also from Dr. Birch to Lord Royston on the same all-engrossing topic at this period, and bears date July 23, 1763. "The article in the papers of Entick's and Sandmore's resolution to prosecute the Secretary of State and messengers for false imprisonment for the Monitor, is I find well founded. And it is not at all wonderful that they have taken it upon the encouragement of the late judgment of the Lord Chief Justice of the Comraon Pleas, and the verdict of the Lon don jury. The mention of this on Thursday, after dinner, at the Attorney-General's, at Highgate, where Mr. Harris, of the Treasury, and Colonel Selwyn as well as myself were present, occasioned him to open with a little freedom on the conduct of the Chief-Justice and jury on the trial of Hack and the messengers, by the issue of which he thought the honour of government in general was not a httle affected. He acquainted us that the exceptions were insisted upon, the council for the defendants having been denied a special verdict, which ought to have heen given by the jury, and more strongly enforced by the court ; and that by the statute of Westminster, such exceptions must be given in, and even engrossed upon parchment before the rising of the court. The consequence of putting in these exceptions will be by a writ of error carrying the contested point of law into the King's Bench, whence upon another error it raay he transferred into the House of Lords. The Chief-Justice during the debate on the proceeding, said to the Attorney- General with sorae air of reproach, though in a very low voice, what was not very proper to come from the mouth of a judge to an ofiicer of the Crown acting as such, according to his duty, 'I find you don't care to trust either me or the jury.' "* On the 2nd of August, Lord Hardwicke went down to Wimpole. In a letter to Lord Royston written from thence on the Sth of that month, he gives an * Hardwicke MSS., Wimpole. MESSAGE FROM THE KING, 369 account of two conferences which he had had with Lord Egremont already referred to. He says that the conversation was very general, " & the worst appearance was that there then seemed to be nearly as great an aver sion to taking in the Duke of Newcastle, as to Mr, Pitt & L^ Temple, I endeav'' to shew the necessity of widen ing the bottom, & letting in several ; & for that purpose, &, in order to alarm his fears, set in as strong a light as I could the great difficulties & dangers which hang over the heads of the triumvirate, as they are called ; & the confusion & storms with which they will probably set out in the meantime. This I did not fail to aggravate by the hollowness of their ground at court. We parted with very civil professions on both sides, & from that night I have not seen Lord Egremont till last Monday morning. *^l, ,3L. 4U ^ ^ ¦TT "VT "TT Tr Tr " On Friday I was at the levee, a very thin one, to make my bow to the King before going out of town for the autumn. His Majesty was very civil ; enquired when I went to Wimple, to which I answered, on Mon day, I mention this circumstance, because I believe it brought upon me what follows. On Sunday noon I had a note from Lord Eg', to come to me either immediately, or that night, or on Monday morning, as early as I pleased. As I was just stepping into my chariot to dine at Highgate, I named either Sunday night or Monday morning, the last of which took place. His lordship staid with me about an hour & a half ; began with great civilities & professions of regard, & then told me that he came by His Majesty's order, whose good opinion & esteem for me he avowed to represent in the royal words, which were such as it will not become me to repeat. That the King wished to see me again in his council, & he was authorized by His Majesty to offer to VOL. III. B B 370 LIFE OF LORD CHANCELLOR HARDWICKE. place me at the head of it. That he (Lord E.) had taken occasion to lay before His Majesty, at different times, what had passed between us in former conversations ; & that the King found that, after so long a friendship & connexion with the D. of Newcastle, I had some diffi culties, upon the point of private honour, to break thro' them. That tho' His Majesty had reason to be offended with his Grace's late conduct, yet, for the sake of attaining what he so much wished, if the D. of Newc. would accept one of the great offices about the court, the King would condescend to it. That His Majesty under stood the Duke had declared, in the House of Lords, that he would not come again into a ministerial place ; & desired to know my opinion whether his Grace would return to the King's service upon the foot proposed. I own I did not expect so direct a proposition ; & made all the dutiful, grateful, but disabling speeches that became me. How little I wished to come into office again, I said, appeared by my having declined the Great Seal in July 1757, & the Privy Seal in the winter 1761 ; which I had done with the greatest consideration for His Majesty's service. That, as I had declined to accept an employment, tho' offered me, whilst all my friends were in court, it was impossible for me to accept one whilst all. my friends were out of court. That as to what was said about the D. of Newcastle, my connexion with him was avowed & well known ; that I might have expressed my self shortly upon former occasions, but I had allways described or alluded to others also. That most of, if not aU, the great Whig Lords, with whom & their famihes I had acted for forty years, were now displaced ; & I shou'' only tarnish my own character, at least in y" opinion of y'= world, at y^ end of my life, & not be of any use to His Majesty, if I separated myself from them. That I re- CONFERENCE WITH LORD EGREMONT, 371 joiced, for the sake of His Majesty's service, that the pro scription was so far taken off from the Duke of New castle. That I looked upon it as a good beginning, but there were others besides his Grace, As to the point on which my opinion was asked, it was too delicate & impor tant for any man to answer, without consulting the per son concerned, upon that very point directly. Therefore I begged to know how far I might go with the Duke ; for I wou^ not exceed His Majesty's permission by one jot. My lord answered that the King wou'' by no means allow me to acquaint the D. of N. with this, unless I first de clared my opinion that it would do. To this I said that I was then at a full stand. It was impossible for me to say now that it wou'' do, & how should I know if I could not ask ? If I was to hazard a conjecture, it would be that this alone wou'' not do. That things had been suf fered to go so far that his Grace himself must have formed connexions, &c. However, it was repeated that I must not open one word of this to him. I could not help saying : he will even know of this visit of y"' lord ship's to me ; may I own that you have talked to me in the like stile as formerly upon my own subject ? This was agreed to. * * * * " He then spoke of the continuance of the cry against Lord B. ; that he had been hung up in effigie upon a gibbett, at one of the principal gates of Exeter, for this fortnight past, & no body had dared cut the figure down in aU that time. It is immaterial to run into the minutiae of our conversation ; but, in the course of it, my lord had happened to say that the King could not bring him self to submit to take in a party in gross, as an opposi tion party. I told him nobody wou* advise His Majesty to avow the doing of that. But a king of England, at the head of a popular governm*, especially as of late the B B 2 372 LIFE OF LORD CHANCELLOR HARDWICKE. popular scale has grown heavier, wou'' sometimes find it necessary to bend & ply a httie. That it was not to be understood as being forced ; but only submitting to the stronger reason, for the sake of himself & his government. That King WUham, hero as he was, had found himself obliged to this conduct ; so had other princes before him ; & so had His Majesty's grandfather, & found his governm* grew stronger by it. ****** " I have now told you the substance of a long conver sation. The only material thing besides was, that L" Egremont at last varied a little the form of his restric tion, as to the Duke of Newcastle, & put it finally, that I shou^ not say anything to him of this proposition, till after I had seen or heard from his lordship again ; & so it was left. When either of those wiU happen I know not, for his lordship knew I was fixed to go out of town the next morning for the ^utumn, & came to me upon that foundation."* On the 28th of August Lord Hardwicke was called back to London, by the following peremptory summons from the Duke of Newcastle : — " Claremont, Aug, 28th, 1763.t " My DEAREST Lord, — I write this at the request of Mr. Pitt, to desire your lordship would come to town upon business of the greatest importance. He sends this night expresses to the Duke of Devonshire and my Lord Rockingham, to come to town immediately. L* Frederick thinks his brother will not be here before Wednesday, & I should think, if your lordship is so good as to come to town, on Thursday evening, it will be time enough. My Lord Bute was with Mr. Pitt * Hardwicke MSS., Wimpole. f Ibid. OVERTURES MADE TO LORD HARDWICKE. 373 three hours on Thursday last, and yesterday Mr. Pitt was three hours with the King, & this day Mr. Pitt was here five hours with me. Mr. Pitt has made me promise not to write to your lordship, to the Duke of Devonshire, or any body, upon the subject of these con ferences ; I will only venture in general to tell you, that Mr. Pitt went to the bottom of the sore, both to my L'' Bute & the King, as well as with regard to things & measures, as persons. He was not ill received upon either, & at present, it seems that the whole is flung into his hands. His declaration with regard to us, his friends, was very proper & very honourable. Particular arrange ments will be a work of future, & I hope, joint considera tion, & for that reason I hope your lordship will be so good as to be with us, for I shall come to no determina tion till I know your opinion. " P.S. — I beg your lordship would write me a word or two in answer. I wish I could explain myself further, but I dare not. Mr. P. told both L" B. & the K. that he must insist upon the Duke of Devonshire, my Lord Hard wicke, & the Duke of Newcastle, & named many others afterwards." Lord Egremont died on the 21st of August. Horace Walpole states that about " a fortnight before' this event his Majesty hinted to Lord GrenvUle that he wished to prevail upon Lord Hardwicke to return, if not to his services, at least to his councils. Whether the blow received from the Common Pleas had alarmed the favourite, (who had made but a very short stay at Harrowgate), and had warned him to look out for more -support ; or whether he thought the three ministers in sufficient ; or whether, which is most hkely, he wished already to get rid of them, especially having detected 374 LIFE OF LORD CHANCELLOR HARDWICKE. the underhand practices of GrenviUe against his son's patent; — in short, whatever was the motive, Grenville could not be ignorant who was author of the advice, and only replied it would not do. The King insisted, and the overture was made ; Lord Hardwicke rejected it, and said he would not abandon the Duke of Newcastle. The King then commanded the same trial to be made on the Duke of Newcastle, but with the exclusion of Mr. Pitt. Newcastle refused the offers made to him."* Negotiations were then opened with Mr. Pitt, to whom Lord Bute stated the King's earnest wish of employing political talent and integrity, without any respect to parties ; and having obtained from him in return an ex plicit declaration of his views regarding men and mea sures, he settled for him an interview with His Majesty, at Buckingham House, on the 27th of August. At this conference, which lasted three hours, the King listened very patiently, whilst Mr. Pitt dilated on the infirmities of the peace, and the disorders of the state, and the principal remedy which he proposed to adopt in restor ing to power those great Whig famUies, in whose abilities, experience, and integrity, the public reposed confidence. His Majesty, at this time, made no objection to what he heard, further than by saying "that his own honour must be preserved ;" he then broke up the conference, and appointed a second interview on the 29th. In the intervening day, Mr. Pitt, feeling confident re specting the result of his negotiations, conferred with the Duke of Newcastle and other leaders of that party, by whom the plan of a new cabinet was arranged, with which Mr. Pitt went prepared to meet His Majesty. He was doomed however, as will be seen, to disappointment in his hopes. * Memoirs. LORD hardwicke's LETTER TO LORD ROYSTON. 375 Lord Hardwicke returned to Wimpole at the begin ning of September, and on the 4th of that month wrote the following letter to his son. Lord Royston, giving the full particulars of the recent negotiations, as also of some matters of domestic interest. In some of the editions of the portion of this celebrated letter already printed. Lord Hardwicke has been made to commence with the words, "My dear Lord;" on which Lord Campbell has commented.* The following is, however, a correct transcript of the whole from the original : — " Wimpole, Sunday Night, Sept, 4th, 1763.f " Dear Royston, — At my return to this house last night, I found, with great pleasure, upon my table, your kind letter from Chatsworth. I rejoiced to find that you & dear Lady Grey were got to the utmost extent of your progress in good health, & in the good prospect of your nearer approach to me. I hope this will reach you both safe arrived at Wrest House, to the great comfort of my dear pretty granddaughters, who have mourned after you. Your want of rest at Matlock, I presume you have by this time recovered from. But how could you expect to sleep there ; — the business of the night at Matlock is to walk in the Lover's Walk, or to dance. I saw the Master of Chatsworth in town, who appeared to be much pleased & flattered with your visit, & expressed great concern at being obliged to leave his house before you had finished your visit, "Thus far aU is weU; as Bp. Sherlock begins his sermon upon the RebeUion. But an odd accident has happened to your old father. I left two lodgers in my house when 1 went to London, & was no sooner returned but I was told they went away the verj- morning I was • Lives of the Chancellors, t Hardwicke MSS., Wimpole, 376 life of lord chancellor hardwicke. to come back. You may be sure I searched diUigently to see whether they had robbed their lodgings ; but tho' I could not find that they had taken any thing away, I found they had left me something — a child upon my hands, of about a quarter old. As it was left in my house I must save the parish harmless, & have had some thoughts of sending it to the Foundhng Hospital. But it is a pretty babe, & I think I have taken a fancy to it, & shall take care of it myself 'Tis a girl ; but the ser vants say they have had some hint that its name was, they don't know what — something like Jeremiah, which they suppose was meant to mislead them. What shall I do ? As your worship is a justice of peace, & quorum in both counties, I desire you will cause a search to be made, whether the reputed father & mother may not be loitering somewhere in Bedfordshire, or upon the borders of Bedfordshire or Cambridgeshire, & issue your warrant to send them to the place of their last legal settlement, pursuant to the statute • in that case made and provided. However, I am glad the poor orphan is very well. "The Duke of Devonshire told me that he had ac quainted you with as much as he then knew of the cause of his being summoned to London, & that you had aU drunk to bon succeez in a bumper. As it is the same for which I was called from my plough, I will give you the general outhnes of it, & reserve the full narration of particulars till we meet. I have heard the whole from the Duke of Newcastle, & on Friday morning, de source from Mr. Pitt. But if I was to attempt to relate in writing all that I have heard in two conversations of two hours each, the dotterels & wheatears would stink before I could finish my letter. Besides, it is as strange as it is long, for I believe it is the most extraordinary transaction that ever happened in any account of late negotiations. 377 court in Europe, even in times as extraordinary as the present. " I will begin, as the affair has gone on preposterously, by telling you that it is all over for the present, & we are all come back re infectd. It began, as to the substance, by a message from my L'' Bute to M'' Pitt, at Hayes, thro' my L'' Mayor, to give him the meeting privately, at some third place. This his lordship (& L'' B.) afterwards altered by a note from himself saying, that, as he loved to do things openly, he would come to Mr. Pitt's house, in Jermyn-street, in broad daylight. They met accord ingly, & Lord Bute after the first complim*^ frankly acknowledged that this ministry could not go on, & that the King was convinced of it ; & therefore (he & L'' B.) desired that Mr. Pitt wo'' open himself frankly & at large, & tell him his ideas of things & persons with the utmost freedom. After much excuse & hanging back, Mr. Pitt did so, with the utmost freedom indeed, tho' with civility. Here I must leave a long blank, to be filled up when I see you. Lord B. heard with great attention & patience, entered into no defence, but at last said, if these are your opinions, why should you not tell them to the King himself, who will not be unwilling to hear you ? How can I, my L"), presume to go to the King who am not of his council, nor in his service, & have no pretence to ask an audience. The presumption would be too great. But suppose His Majesty sho'' order you to attend him, I presume. Sir, you wo'' not refuse it. The King's command wo'' make it my duty, & I sho'' certainly obey it. This was on last Thursday se'nnight. * On the next day (Friday) Mr. Pitt rec'' from the King an open note unsealed, requiring him to attend His Majesty on Saturday noon, at the Queen's Palace, in the Park. In obedience * August 25th. 378 life of lord chancellor hardwicke. hereto, Mr. Pitt went on Saturday at noon-day, thro' the Mall in his gouty chair, the boot of which (as he said him self) makes it as much known as if his name was writ upon it, to the Queen's Palace. He was immediately car ried into the closet, received verj'- graciously, and His Ma jesty began in like manner as his quondam favorite had done, by ordering him to teU him his opinion of things and persons at large, & with the utmost freedom ; &, I think, did in substance make the like confession, that he thought his present ministers could not go on. The audience lasted three hours, & Mr. Pitt went thro' the whole upon both heads more fully than he had done to Lord Bute, but with great complaisance & douceur to the King ; and His Majesty gave him a very gracious accuiel, & heard with great patience & attention ; and Mr. Pitt affirms, that in general, & upon the most material points, he appeared by his manner & many of his expressions to be convinced. But here I must again avail myself of my long blank, & only make one general description, that Mr. Pitt went thro' the general infirmities of the peace ; the things necessary, & hitherto neglected to improve & preserve it ; the present state of the nation, both foreign & domestic; the great Whig families & persons which had been driven from His Majesty's council and service, which it wo*! be for his in terest to restore. In doing this he repeated many names ; upon w'ch His Majesty told him, there was pen, ink, & paper, & he wished he would write them down. Mr. Pitt humbly excused himself by saying, that would be too much for him to take upon him, & he might upon his memory omit some material persons which might be sub ject to imputation. The King still said he liked to hear him, & bid him go on; but said now & then that his honour must be consulted ; to which Mr, Pitt answered in a very courtly manner. His Majesty ordered him to come again THE KING AND MR. PITT. 379 on Monday, w'ch he did, to the same place in the same public manner. " Here comes in a parenthesis, that on Sunday Mr. Pitt went to Claremont, & acquainted the Duke of New castle with the whole, fully persuaded, from the King's manner & behaviour, that the thing would do ; and that on Monday the outlines of some new arrangem* would be settled. This produced the messages to those lords who were sent for ; Mr. Pitt undertook to write to the Duke of Devonshire & the Marquess of Rockingham, & the Duke of Newcastle to myself. "But behold the catastrophe of Monday,* The King received him equally gi-aciously, & that audience lasted near two hours. The King began, that he had considered of what had been said, & talked still more strongly of his honour. His Majesty then mentioned Lord Halifax for the Treasury, still proceeding upon the supposition of a change. To this Mr. Pitt hesitated an objection, that certainly Lord Halifax ought to be considered, but that he should not have thought of him for the Treasury. Sup pose His Majesty should think fit to give his lordship the Paymaster's place. The King replied, But, Mr. Pitt, I had designed that for poor George Grenville ; he is your own relation, & you once loved him. To this the only answer made was a low bow. And now here comes the bait. Why, says His Majesty, should not my Lord Temple have the Treasury ? — you co'' go on then very well. Sir, the person whom you shall think fit to honour with the chief conduct of your affairs cannot possibly go on without a Treasury connected with him. But that alone will do nothing. It cannot be carried on without the great famihes who have supported the Re volution Government, & other great persons of whose • August 29th. 380 LIFE OF LORD CHANCELLOR HARDWICKE. abilities & integrity the public has had experience, & who have weight and credit in the nation. I should only deceive your Majesty if I should leave you in an opinion that I could go on, or your Majesty make a solid adminis tration upon any other foot. Well, Mr, Pitt, I see, (or I fear) this won't do. My honour is concerned, and I must support it. Et sic Jinita est Fabula, Vos valete ; but I cannot, with a safe conscience, add plaudito, I have made my skeleton larger than I intended at first, & I hope you will understand it. Mr. Pitt professes himself firmly persuaded that my L'' Bute was sincere at first, & that the King was in earnest the first day ; but that on the intermediate day, Sunday, some strong effort was made, which produced the alteration. Mr. Pitt likewise affirms, that if he was examined upon oath he could not pretend to say, upon what this negociation brake off, whether upon any particular point, or upon the general complexion of the whole ; but that if the King shall assign any particular reason for it, he will never contradict it, " My story has been so long, tho' in truth a very short abridgem*, that I shall not lengthen it by observations, but leave you to make your own. It will certainly be given out that the reason was the unreasonable extent Mr. Pitt's plan ; — a general rout ; — & the minority, after having complained so much of proscription, have endea voured to proscribe the majority. I asked Mr. Pitt the direct question, & he assured me, that altho' he thought himself obhged to name a great many persons, for his own exculpation, yet he did not name above five or six for particular places. I must tell you that one of those was your humble servant, for the President's place. This was entirely without my authority or privity. But the King's answer was. Why, Mr, Pitt, it is vacant (^ ready HUMILIATING POSITION OF THE KING. 381 for him, i^ he knows he may have it to-morrow, if he thinks fit, I conjectured that this was said with regard to what had passed with poor Lord Egremont, which made me think it necessary to tell Mr. Pitt in general what had passed with that lord, (not owning that his lordship had offered it directly in the King's name), & what I had answered ; which he in his way much com mended. This obliges me to desire that you will send me by the bearer my letter to you, which you were to com municate to my Lord Lyttelton, that I may see how I have stated it there, for I have no copy. " I shall now make you laugh, tho' some parts of what goes before make me melancholy. To see the King so committed, & his Majesty submitting to it, &c. But what I mean will make you laugh is, that the ministers are so stung with this admission that they cannot go on, (& what has passed on this occasion will certainly make them less able to go on) ; & with my Lord Bute's having thus carried them to market in his pocket, that they say L'' Bute has attempted to sacrifice them to his own fears and timidity, that they do not depend upon him, & will have nothing more to do with him ; & I have been very credibly informed, that both L'' Hahfax & Geo. GrenvUle have declared that he is to go beyond sea, and reside for a twelvemonth or more. Y'ou know Cardinal Mazarine was twice exUed out of France, & governed France as absolutely whilst he was absent as when he was present. " Now to domestic matters. I had a letter by this day's post from Charles, to teU me that he & Mrs. Yorke will be here on next Tuesday evening. He don't say how long to stay, but I fancy about a week, so I shaU then have some company, & the runaways need not shorten their vagrancy on that account. 382 LIFE OF LORD CHANCELLOR HARDWICKE. " My kindest love and best wishes attend you all. Send me word how you all do. You may keep my servant as long as you please, so as he be at home by dayhght, for I don't want him. After this very fine day, the south wind whistles, so that I fear it will whistle up rain. I am, as you know me, " Your most affectionate " Hardwicke. "P.S. You will judge for yourself, that several things mentioned in this letter are fit to communicate to very few only. " I wish you could tell me how I may safely write to Lord Lyttelton. He talked of making up a parcell in a band-box, & sending it by the Worcester coach, but his lordship is not reckoned to have a lucky hand at secret correspondence. " When shall you think of Wimpole ?" Lord Hardwicke still remained in London. During the early part of October he was visited by an attack of illness of an alarming character, and of which he gave an account in a letter to Lord Royston, whom he tells, — " I have been confined to my house, & in a manner to my room ever since last Tuesday night, & constantly in the doctor's hands, who has kept me for the most part exceeding low. He blames me for having neglected the complaint too long." * Mr. John Yorke, however, in a day or two sent a more promising account of Lord Hardwicke's state. " I can begin my letter to-night with much more ease and satisfaction than that which I wrote to Mrs. Yorke last night, because I flatter myself that I have just left * Hardwicke MSS., Wimpole. ALARMING ILLNESS OF LORD HARDWICKE. 383 Lord Hardwicke in a much fairer way of being speedily well, than I apprehended when I wrote that letter. " He slept very well last night. . . His strength & spirits are much better to-day than they were yester day, notwithstanding, the doctor is so rigid as to make him abstain from all sorts of food, except a little chicken broth, or balm tea. His pulse is still a good deal too quick, which makes Duncan persist still more in com pelling him to abstain from any sort of solid food or wine, notwithstanding, my lord's belly cries cupboard, & Dr. Charles Yorke thinks a bit of victuals & a glass of wine highly proper & necessary, & that his lordship ought to be sustained. Upon the whole he appears a great deal better than I expected he would have been when I wrote last night ; & if he improves as much to-morrow, I hope I shall have the pleasure of sending you word that all our apprehensions are over. But the longer the dis order has been in accumulating, the more time it will take in carrying itself off ; & I am much persuaded, or rather convinced, that the whole difference between this & any former attacks he has had of the same kind arises from his own neglect. He sends his kind love to all his friends at Wimpole, & laments his being detained from them so long, but he hopes by Monday or Tuesday next to be able to return, & enjoy their good company, & share with them this pleasant weather. This is what he says, & most certainly what he wishes : but I, who neither understand or practise physick, like Dr. Charles Yorke, endeavour to discourage him from being in haste to return into the country ; & have repeatedly desir'd Duncan to insist upon his not stirring, till he thinks he will not run any hazard of getting cold by such a journey."* * Hardwicke MSS., Wimpole. 384 LIFE OF LORD CHANCELLOR HARDWICKE. Before the end of the month, Lord Hardwicke had nearly recovered his accustomed health, on which event the Duke of Newcastle wrote a warm letter of congra tulation to the Attorney- General. But, on the 31st of October, we find a letter from Lord Hardwicke to Lord Royston, giving an account of himself, in which he says, " On Saturday night I had very little sleep, & yes terday in the forenoon was very low." Towards the evening, however, he grew better, and had slept well the night before ; and he found himself much mended and his spirits improved. He then continues, — " I cannot mention this without thanking good Lady Grey for the kind bill of fare, which she sent me yester day, by Mouse, who presented it very genteely between her finger and her thumb. I read it over to my lords & masters, and passed the articles of rice, sago, & salop, with much approbation ; but the material articles were condemned. Calves-foot was slippery & mucilaginous ; & crawfish broth only for persons quite recovered, who wanted nothing but strengthening ; but too good for me. What a disappointment !" * A resolution was carried in the House of Commons, " That privilege of Parliament does not extend to the case of writing & publishing seditious libels." This was sent up to the Lords for their concurrence in it, and on this important constitutional point it was deemed proper to consult Lord Hardwicke, who declared his opinion to be " that privilege of Parliament does not extend to prevent a member from being prosecuted and imprisoned for any crime ; that the words in the common cautelena, 'treason, felony, and breach of the peace,' are only put as ex amples, and that it would be most discreditable to Par- * Hardwicke MSS., Wimpole. RESIGNATION OF MR. CHARLES YORKE. 385 liament to assert the right of all its members to commit with impunity all misdemeanours which did not amount to an actual breach of the peace." The Duke of Newcastle and his friends, in consequence of this opinion, refused to vote with Lord Temple, or to join in his protest. On the 3rd of November Mr. Charles Yorke resigned the post of Attorney-General, alleging to i\Ir. Grenville, says Horace Walpole, that his father and the Duke of Newcastle had insisted upon it. Mr. Yorke, on the trial of the printers, had made a warm speech against Wilkes, and was to carry on the prosecution. AValpole adds, what is however abundantly negatived by higher authority, " The father and the son were certainly in their hearts inclined to prerogative, but interest so swayed their actions, and it was so much the point of the whole famUy that Charles Yorke should be Chancellor, that we shall find one perpetual stream of dubitation and trimming run through their conduct. The father, indeed, more soured, and with pride more affronted, towards the close of his life grew more settled in his asperity towards the court. Nor was he the only insti-u- ment of prerogative whom the court lost because it could not reward all its devotees up to their ambition." Mr, Yorke agreed with the ministry on the question of privilege, but differed from them on general warrants. This last difference may have accelerated his resignation ; but the event itself had been determined on ever since the faUure of the negotiation which took place towards the end of the preceding August, through Mr. Pitt and Lord Hardwicke, to form a new administration on the Whig basis.* On the occasion of Mr. Yorke's resignation, the Duke * Xote to II. Walpole's Correspondence, VOL. III. C C 386 LIFE OF LORD CHANCELLOR HARDWICKE. of Newcastle wrote to him, saying, " I must congratu late you upon the most honourable and most unusual mark of attention and respect which you received yesterday, both from the bar and from my Lord Chan cellor."* In a letter from Horace Walpole to Lord Hertford, the writer thus describes the efforts of Mr. Charles Yorke on the debate respecting the question of privi lege relating to Wilkes, which is the only occasion on which Walpole did not allow his hatred of the Yorke family to get the better of his reason. "Arlington Street, Nov. 25, 1763.t " Charles Yorke shone exceedingly. He had spoken and voted with us the night before, but now maintained his opinion against Pratt's. It was a raost able and learned perforraance, and the latter part, which was oratorio, uncomraonly beautiful and eloquent. You find I don't let par tiality to the Whig cause blind my judgment. That piece was certainly the masterpiece of the day. Norton would not have made a figure, even if Charles Yorke had not appeared ; but giring way to his natural brutality, he got into an ugly scrape." The health of Lord Hardwicke, who still remained in London, appears not to have improved. At the begin ning of November he wrote a letter to his friend the Duke of Newcastle, of which his Grace thus spoke, as also of Lord Hardwicke's state, in a letter to Mr. C. Yorke. " I have received, two hours ago, the most manly long letter from my great & dear friend, your father, full of the truest friendship & affection which ever one friend wrote to another. It has made the strongest impression upon me, tho' it does not at all surprize me. .... I own the note from Wilmot this morning adds to the great anxiety which I have been under for him for some * Hardwicke MSS., Wimpole. f Correspondence of H. Walpole. APPREHENSIONS ABOUT LORD HARDWICKE. 387 days. I pray God I may find myself mistaken to morrow. I can't think of his danger without feeling all a man can feel for his country, for himself, & for his dear friends & famUy."* In a letter from Lord Barrington to Mr. Mitchell, dated Nov. 17th,' he says, " I went to see the Duke of Newcastle the day after he came to Lon don, and he received me very kindly. At parting, I said I should fre quently pay ray duty to his Grace, if I thought it would be agreeable to him, in answer to which, he desired I would. He looks very well and hearty. I know nothing of his politics, for he did not say a word on ¦ those subjects, though I staid with hira alone above a quarter of an hour. He was greatly concerned for Lord Hardwicke, who is in a declining and dangerous way," f For two days Lord Hardwicke was supposed to be dying, but he afterwards rallied. In a letter dated " December Sth, 1763,"j from the Duke of Queensberry and Dover to Lord Royston, the writer states : — " I am obhged to your lordship for giving me a more favourable acc* of my Lord Hardw-icke's state of health. I have always entertained (& always shall) the high respect justly due to that great & good man." And in another, from the same to the same, dated the r2th of the same month, the Duke says— § " Your lordship has given me great pleasure by y' acc* of the good effect of Dr. Cockburn's electuary in my Lord Hardwicke's case. It is so essential a turn in his favour, that I hope it will lead to a perfect recovery." • Hardwicke MSS., Wimpole. t Original Letters. X Hardwicke MSS., Wimpole. j Ibid. c c 2 388 LIFE OF LORD CHANCELLOR HARDWICKE. The Duke of Newcastle, in a letter to Mr. C. Yorke, written about this time, sends the following particulars respecting Lord Hardwicke : — " I was last night a considerable time in Grosvenor Square, & had a great deal of discourse with Latouche, and afterwards alone with Dr. Duncan. The first was very sanguine, gave a reasonable account of the amendment, owned there was fever, but upon the whole flatter'd himself extreamly that the danger was over. I sent him to make my best comp*^ with my best wishes, for my dear old friend, with the pleasure I had in hearing that he was so much better. I had very distinct & very kind answers from L'' H. to me & the Dutchess of Newcastle, acquainting me that he thought himself better ; & La touche added. He is a great deal better. I wish I could say Dr. Duncan's account was as favourable."* During December Lord Hardwicke continued to mend slowly, and on the 26th of that month Mr. Charles Yorke writes to the Duke of Newcastle thus : — " With regard to Lord Hardwicke, he is certainly much better. Yesterday he bore sitting up for a con siderable time, without fatigue. The thrush seems to be going off in a favourable manner. He had no fever last night." At the commencement of the year Lord Hardwicke was still going on well ; so that the Duke of Newcastle, in a letter to Lord Royston, written on the 3rd of January, 1764, appeared to hope that there was every prospect of his entire recovery. " I now flatter myself again that Providence will pre- * Hardwicke MSS., Wimpole. RECOVERY OF LORD HARDWICKE. 389 serve to us that great & good man, my Lord Hardwicke, for the sake of his country, his family, his friends, among the first of whom I must have the vanity to reckon myself the oldest, the longest, &, I hope, as grateful & as sincere as any of them. " If uninterrupted friendship, an intimate & almost daily correspondence, attended with constant marks of confidence & affection, with a reciprocal concern for every thing that interested or concerned each other, a con tinued union of conduct & behaviour, & even of opinion & sentiment, more than I have known in any other instance, can form a reciprocal friendship, it must be in It appears fi-om the following, from Lord Barrington to Mr, Mitchell, that Lord Hardwicke's iUness continued to take a favourable turn, and that general hopes of his recovery were now entertained : — "Jan. \2th, 1764. — Lord Hardwicke has surprisingly recovered, and I hope will live. Our old friend the Duke of Newcastle is very well at Claremont. I see him pretty often, but we have never talked about politics since we differed so entirely about tliem. I pity him most sincerely, but know not how he can nov/ mend his situation. What a situation he has lost ! He might have been the support of the Crown, and the arbiter between government and faction."! Horace Walpole mentions, however, in a letter, dated February 19th, " Lord Hardwicke is relapsed." The same writer states in a letter to the Earl of Hert ford, written about this time, that Lord Hardwicke was "violent against the Court," and "displeased that his • Hardwicke MSS,, Wimpole, t Ellis's Orig, Letters. 390 LIFE OF LORD CHANCELLOR HARDWICKE. son was sacrificed to Pratt in the case of privilege. Charles Yorke," he adds, "resigned against his own and Lord Royston's inclination, and is particularly angry with Newcastle for complying with Pitt in the affair of privilege, and not less displeased that Pitt prefers Pratt to him for the seals." In another letter to Lord Hertford, this same Horace Walpole, who asserts of Lord Hardwicke that "in the House of Lords he w^as laughed at, in the cabinet despised," tells his correspondent that Pitt would not oppose a question merely because Charles Yorke gave into it, "for it is wonderful what deference is paid by both sides to that house." On which the able editor of the " Correspondence of Horace Walpole" observes in a note, " Wonderful to Mr. Walpole only, who had a private pique against the Yorkes ; no one else could wonder that deference should be paid to long services, high station, great abilities, and unimpeached integrity." Walpole adds in a letter, that a reply in a debate by Mr. Charles Yorke had been much admired ; but of course continues, " me he did not please." Horace Walpole also says — " On the 9th, the day appointed for considering the Marriage Bill, Charles Yorke opposed going into committee, and said Sir John Glynn should have stated objections and proposed amendraents ; wished to have a bill brought in for that purpose. He talked of the wisdom and temper vrith which it had been carried through before, the tmth of which may be seen in my former account of that bill. Rigby was for its going into the committee, his patron, the Duke of Bedford, baring been, & continuing to be, its warm adversary. Lord Strange ridiculed ecclesiastical law, and frankly spoke of marriage as only legal cohabita tion. George Grenville stayed away ; and Lord Holland's friends were for repealing the bill. The opposition, to court the Yorkes, were against altering it ; but it was carried, by 157 to 79, for a committee to re-ex amine it. It was then proposed to go into the committee on that day sevennight ; Charles Yorke and General Townshend for the Monday C. yorke's SPEECH ON MARRIAGE BILL. 391 sevennight after. Charles Townshend, who had shone so brightly against the original bill, kept away ; but it was carried for the Wed nesday, by 70 to 39. " Charles Yorke made a very long speech against postponing a present decision, as against the dignity of the house ; and he scrupled not to pronounce the warrant illegal, which he protested he had never seen till Wilkes was taken up ; nor had any questions been asked of the Attorney or Solicitor Generals by the administration. Warrants dated from the Star Chamber. Himself had always been for taking this matter up in Parliament, notwithstanding its pendency below. Previous questions, to avoid debates, may be useful during foreign treaties, but never in case of pririlege. In questions of this sort the House ought to hold the balance between King and people. It was a question in point of law, impossible to be denied. Were he a judge, he should pay regard to the decision of the House of Commons. The question ought to be de termined, for the sake of the Secretaries of State. He must be for some law. " Notwithstanding Yorke disculpated himself of not having seen the warrant, yet the ministers protested that, after Wilkes was taken up, Yorke had given his opinion that No, 45 was a libel, and had advised the commitment of him to the Tower. This was advising a man to knock down another, and then pleading that he had not seen the bludgeon. Lord North said, if a law was necessary, a partial resolution was trifiing. By deferring this, they meant to introduce something much better." "= The foUowing account of Mr. Yorke's speech on this occasion was given by Mr. Onslow, in a letter to Lord Hardwicke — " I cannot a moment defer teUing you that Mr, Yorke has this moment closed the noblest performance that was ever heard ; and what added to it was, that it was in answer to the most beastly and brutal speech of Nor ton, who said he would treat the opinion of Parliament, in this matter, as the opinion of a drunken porter. . . nothing ever met with such applause as C. Yorke. Pitt is in love with him, and so we are all." f * Memoirs Geo, III. t Hardwicke MSS,, Wimpole. 392 LIFE OF LORD CHANCELLOR HARDWICKE. Lord Hardwicke, since his relapse, had continued to de chne, and appeared now to be evidently sinking ; and, on Tuesday the 6th of March, at about a quarter past three o'clock in the afternoon, this great and good man breathed his last, at his house in Grosvenor-square, at a time, says the writer of the memoir of him in the Annual Register, " when the situation of pubhc affairs rendered his death a loss as unseasonable,, as it would at any time have been important. And his name wiU be remembered by pos terity with the same reverence which attends the most celebrated civil characters in the annals of this country," His son and successor in the title mentions of him, in a note, that he died " serene and composed. I saw him in his last moments, and he looked like an innocent chUd in his nurse's arms." And his second son records, in a letter written on this melancholy occasion, which is all that is stated of the particulars of this event : " He had the felicity to expire without pain.'' To the very last his powerful mind retained its full vigour, and sunk un clouded and unobscured. The following notice of his decease appeared in the public journals of the time : — " Wednesday, March 7th, 1764. " Yesterday, at a J after 3, died at his house in Grosvenor-square, in his 74th year, Philip Earl of Hardwicke, whose character aud con duct will adorn the future pages in the history of this age and country. It may suffice, at present, to pay this small tribute to his memory. " After a well-grounded education in classical learning, which he re tained and cultivated amidst his most laborious and highest employ ments, he applied hiraself to the study of the law in the Middle Temple, with uncommon success ; and soon became so eminent in his profession, that at the age of 29, on the 23rd of March, 1 7a he was promoted to the office of Solicitor-General, being honoured with knighthood in June following ; and, in February 1 7.2i, was made Attorney-General. Upon the resignation of the Great Seal by Peter Lord King, in October, 1733, Sir Philip Yorke waived his own pretensions to it, founded both on DEATH OF THE EARL OF HARDWICKE. 393 merit and priority of rank, in favour of his friend, Charles Talbot, Esq., then Solicitor-General, and accepted the place of Lord Chief Justice of the King's Bench, being soon after raised to the dignity of a Baron of this kingdom. The reputation vrith which he filled that seat could only be equalled by that with which he afterwards discharged the office of Lord High Chancellor, when called to it on the decease of Lord Talbot, in February, 17 sj. And it is no small evidence of the acknowledged abilities and integrity with which he presided in the Court of Chancery, that during the period of near 20 years, — a period longer than that of any of his predecessors since Lord Chancellor Egerton, — only three of his decrees were appealed from, and those afterwards confirmed by the House of Lords. After he had executed that high office about seven teen years, he was, in April 1754, advanced by His late Majesty, as a mark of his royal approbation of his lordship's long and eminent ser- rices, to the rank of an Earl of Great Britain. His resignation of the Great Seal, in November, 1756, gave an universal concern to the nation, however distracted at that time. But he still continued to serve the public in a more private station, with an unimpaired vigour of mind, which he enjoyed even under a long indisposition, till his death. His talents as a public speaker in the Senate, as well as on the Bench, have left too strong an impression to need being dilated upon ; and those as a writer were such as might be expected from one who had early dis tinguished himself in that character in the Spectator. His private virtues, amiableness of manners, and extent and variety of knowledge were as much esteemed and admired by those who had the honour and happiness of his acquaintance, as his superior abihties were by the nation in general. In his public character, wisdom, experience, probity, candour, and moderation were so happily united, that his death in the present situation of affairs is a loss to his country, as unseasonable as it is important." The Earl of Hardwicke, at the time of his decease, was High Steward of the University of Cambridge, Recorder of Dover, a Governor of the Charter House, Vice-Pre sident of St. George's Hospital, a Doctor of Civil Laws, and a Fellow of the Royal Society. His remains were interred in the parish church of Wimpole, but the funeral, by his own desire, was a strictly private one. The following is from one of the public journals of that period. 394 LIFE OF LORD CHANCELLOR HARDWICKE. " March 16. Yesterday evening the remains of the Right Honourable the Earl of Hardwicke lay in state at Royston, in Hertfordshire ; at which place a great num ber of his tenants, &c. were arrived, in order to attend the corpse to Wimpole in Cambridgeshire, where it was interred in the family vault last night." And another journal of March 31st states that — " A sumptuous monument will soon be erected in Westminster Abbey, to the memory of the late Earl of Hardwicke." The Earl of Hardwicke, by his will, gave his landed estates to his eldest son for his life ; and in case of his leaving no son, to Mr. Charles Yorke, and his issue male ; and in default of this to his other younger sons, in the same manner. Lord Chief Baron Parker he appointed one of the trustees under his will. Lord Royston he named sole executor. To the poor of Wimpole, Arrington, Whadden, Knig- ston, and Steeple Morden, he gave £200. To the poor of Dover, £200. To the poor of Hardwicke and Hares- field, £50 ; and a year's wages to each of his servants. The following clause was contained in the will : — " And I give to that most excellent lady my daughter- in-law, the Marchioness Grey, 100 guineas." The directions respecting his funeral were as follow : — " I desire to be buried privately, and without pomp, in the vault adjoining to the parish church of Wimpole, near to the corpse of my late dear wife." A handsome monument was erected to his memory in the parish church of Wimpole, by Scheemakers, LORD hardwicke's FUNERAL AND WILL, 395 which contains medallion portraits of Lord Chancellor and Lady Hardwicke, and an inscription from the pen of his son and successor in the titles and estates, re cording the different principal events in this great man's brilliant career. On the 18th of January, 1764, the Earl of Hardwicke had been elected Chancellor of William and -Mary Col lege, in Virginia ; but the inteUigence of this did not arrive in England until after his death, of which his son and successor in the title wrote to apprize that learned body.* It has been the lot of few man, especially of those in high public stations, to enjoy so long and so unvaried a course of prosperity and happiness as fell to the lot of Lord Chancellor Hardwicke. How many great men have had their latter days clouded with disappointment, or poverty, or domestic affliction. Hardly any person meets with uniform success throughout his career ; and either at its commencement or its close, some severe trials have to be encountered. Fortunate they who, like Lord Hardwicke, experience difficulties and dis couragements in their youth only, while they have strength and spirit and opportunity to struggle with and overcome them. Lord Hardwicke was, moreover, as fortunate in his private and domestic as he was in his public life. The conduct and condition of his family were calculated to afford him as much satisfaction and happiness, as the success of his own career must have done. His eldest son was at this period the representative in Parliament of the county of Cambridge, and occupied an eminent position as a debater in the House of Commons. He was also distinguished for his literary and intellectual * Hardwicke MSS., Wimpole, 396 LIFE OF LORD CHANCELLOR HARDWICKE. acquirements. His second son, Mr. Charles Yorke, has already been several times mentioned in these pages, and had now reached the summit of his arduous profession. Two other of Lord Hardwicke's sons w^ere also advancing forward, the one in a diplomatic capacity, the other in the Church. Of his daughters, the eldest had been mar ried to the famous Lord Anson, and the other had con tracted an honourable and happy alliance with the representative of a family of rank and affluence. And throughout the whole domestic circle, the kindliest feeling and most perfect cordiality appears ever to have prevailed. It might, perhaps, admit of some question among philosophers whether a uniformly even, unruffled, and prosperous career, is either the most fortunate for the individual intellectually and morally, or in reality the most happy. An entire absence of all anxiety and excitement produces monotony, which is no inconsider able cause of uneasiness. There is in this case no stimulant to exertion, and no exercise of the faculties, or excitement of the feelings. Occasional anxieties and disquietude, though troublesome for the time. are far more than atoned for by the gratification which follows the triumph over these difficulties, and which ensues on every recollection of the trials that have been gone through w^hen the period of their en durance has passed by. Besides which the utility of these vicissitudes, in caUing forth the energies and resources of the mind, and strengthening and deve loping the character is very great. As a diffusion of light and shade is that which gives more effect and beauty to a landscape than one unbroken glare of sunshine, although the light may conduce a far greater proportion here than the shadow; and as an RETROSPECT. 397 undulating road is that which is both more agreeable to the traveller, and easier in its progress than one even plain all the way ; so it is in viewing the wide prospect, and travelling the rugged road of human life, that a chequered career of alternate ease and struggle, of vary ing disappointment and success, and of occasional failures compensated for by the ultimate triumph over these, — are what conduce most to our happiness and our be nefit. In Lord Hardwicke's case, his career on the whole seems to have been very even and prosperous. It was, however, necessarily varied throughout by the numer ous incidents, and anxieties, and perplexities, insepar able from his high office and political position ; and the recollection of the struggles and difficulties of his early life were at least sufficient, by the contrast which they afforded to his later days, to relieve the mono tony which his ultimate long-continued and unbroken course of success might otherwise have produced. As regards his actions, his greatness and fame as a lawyer and a statesman are correlative with his conduct in do mestic life. His eminence in a pubhc station was en hanced by the excellence of his private character. The virtues of the hero were proved to be also those of the man. The mortal career of Lord Chancellor Hardwicke was now closed. In his own life, looking back along the vista of years, from the early commencement of his pro fessional studies, to his ultimate position when he retired from public affairs, — how eventful was this career, and how vast the change in his condition which he experienced. In the history of his country, in how many great occur rences was he not only a spectator, but a prominent actor. Varying as may be the opinions entertained as to some of the particular qualities and endowments of this 398 LIFE OF LORD CHANCELLOR HARDWICKE. great man, yet in the annals of this nation, his name must ever occupy a prominent and a proud position, so long as the preservation of the constitution, and the pure administration of justice shall continue, and con tinue to be held sacred. To the latest age in the history of the world, may each of these descend together, not only united, but by their union each conducing more firmly to estabhsh and to perpetuate the other. 399 CHAPTER XVI. FAMILY OF LORD CHANCELLOR HARDWICKE — PHILIP, SECOND EARL — HIGH STEWARD OF THE UNIVERSITY OF CAMBRIDGE — HIS JOURNAL — INTIMACY WITH DR. BIRCH — CORRESPONDENCE WITH DR, ROBERT SON, DAVID HUME, AND D. GARRICK — LITERARY LABOURS — POLI TICAL CAREER — CHARLES YORKE — INTIMACY WITH DR. BIRCH — LITERARY EFFORTS — CORRESPONDENCE WITH BISHOP WARBURTON, D. GARRICK, THE MARQUIS OF ROCKINGHAM, DR. DODD, KING OF POLAND, THE PRESIDENT MONTESQUIEU, AND DUKE OF NEWCASTLE — LETTERS ON BACON — PROFESSIONAL CAREER — PRIVATE JOURNALS RESPECTING OFFERS TO HIM OF THE GREAT SEAL — BECOMES LORD CHANCELLOR — HIS SUDDEN DEATH — CONTEMPORARY ACCOUNTS OF THIS — CHARACTER OF CHARLES YORKE — JOSEPH YORKE — CREATED LORD DOVER — JOHN YORKE — M.P. FOR HIGHAM FERRERS — JAMES YORKE — BISHOP OF ELY — LADY ELIZABETH — MARRIED TO LORD ANSON — LADY MARGARET — MARRIED TO SIR JOHN HEATHCOTE — DESCENDANTS AND PRESENT REPRESENTATIVE OF LORD CHAN CELLOR HARDWICKE. It is highly interesting to trace in the family of a man of great mental power, — in the course of conduct and feelings and cast of mind of those who sprang from him, whose characters were moulded under his tuition, and whose mode of thinking was formed by his example, — the influence and sway of his own vigorous intellect. Some shadow at least of his great mind is displayed in their actions, and the direction which they received from the impetus it imparted to them still remains in force. It is also necessary, in order to render perfect the present history, that I should carry on the narrative 400 LIFE OF LORD CHANCELLOR HARDWICKE. as regards those members of Lord Hardwicke's family, who, from their own activity on the stage of public hfe, appear on many occasions in a prominent position, as connected with events in their father's career. The sons of the Chancellor seem to have inherited a large share of his intellectual power, and some of them rose to high distinction ; though the stations to which they at tained they owed to their own merits, and not to any influence which he exerted for them, as it was not until long after his death that they reached these high offices. Lord Chancellor Hardwicke was succeeded in his titles and estates by his eldest son, Philip, Viscount Royston, at that time M.P. for the county of Cambridge, and whose name has often appeared in these memoirs. On the death of the late Earl, who had for nearly fifteen years filled the office of Lord High Steward of the University of Cambridge, that honourable appointment of course became vacant, and to which his son and successor in the title was elected. Philip, second Earl of Hardwicke, was educated under the private tuition of Dr. Salter, already mentioned, and also at a school at Hackney, kept by Dr. Newcombe. The Lord Chancellor was induced to select St. Benet's College, Cambridge, at which he placed those of his sons who were destined to receive the advantage of a university education. The following narrative of some events in the career of the second Earl of Hardwicke is from a journal of occur rences in his own handwriting : — - " Soon after my father's death, a general overture of goodwill & regard was made us from the King, through the Duke of Bedford's channel. My brother & I returned a dutiful and general answer, & there the matter rested. OFFERS TO SECOND LORD HARDWICKE. 401 I well remember that when I was presented at the levee as Earl of Hardwicke, the King took no more notice of me than if I had been just come out of Bedfordshire for the winter, which, considering my then situation, the late Archbishop,* when I related it to him said, with more warmth than generally fell from him, was 'very shocking.' "f In July, 1765, a proposal was made to the Earl of Hardwicke through the Duke of Cumberland in the King's name, of being First Lord of Trade, and one of the Cabinet Council, which, however, he declined. And in May, 1766, an offer was made to him of the Secretary's office of the Northern Department, but which he did not accept. Of the circumstances attendant on both these offers, a full account was prepared by Lord Hard wicke, and is among his papers. The narrative then continues thus : — " 1768. The old Duke of Newcastle dropt just before the opening of the session. Mr. Yorke was very pressing with me, upon some encouragement he received from Dr. Rutherford, at Cambridge, to offer myself to be their Chancellor in his Grace's room. The Duke of Grafton got the start, by having his letter deliv'' to the Vice- Chancellor within a few hours after the breath was out of the other's body, & there were small hopes of making a stand at that place against the solicitations of a first minister. However, I said that the opinion of our friends on the spot should determine me, & I prepared my letter to the University. When the principal members of the University, who were for setting me up, came to calculate their numbers, they discov** that they had in no degree strength sufficient to balance the overbearing influence of * Dr, Seeker. t Hardwicke MSS., Wimpole. VOL, III. D D 402 LIFE OP LORD CHANCELLOR HARDWICKE. a First Lord of the Treasury, & therefore I was easily prevailed with to drop my pretensions. Mr. Y. talked at first with great eagerness of going down himself, but when the return came to our letters from the persons above alluded to, he grew much cooler, & entirely ac quiesced in my giving myself no further trouble about the matter,"* To the labours of the second Earl of Hardwicke, when Mr. Philip Yorke, we are indebted for a valuable portion of the materials of this memoir, in the Parliamentary Journal kept by him , in which some of the most striking scenes in which his father was engaged are depicted ¦with considerable graphic power ; and intelligence is contained respecting affairs of importance which few but he could have had the means of obtaining. The friendship of this gifted and intellectual noble man for Dr, Birch has several times appeared from the letters between them already quoted. This feeling seems to have ripened into a strict familiarity and even affec tion. On several occasions of interest Dr. Birch ac companied his friend to the House of Lords, or the House of Commons, at the respective periods when he was a member of those assemblies ; and to his at tendance there are we indebted for his animated de scription of some of the scenes he there witnessed. Several of the second Earl of Hardwicke's notes allude to this ; many of them contain invitations to the friendly hospitalities of the writer ; and others refer to certain of the literary labours in which they were jointly engaged. Among the second Lord Hardwicke's papers and * Hardwicke MSS., Wimpole. LETTER FROM DR. ROBERTSON. 403 correspondence are the following letters, which were ad dressed to him by the distinguished persons whose sig natures they bear. The first of them is from Dr, Robertson, the historian of Scotland, in which he refers to his literary efforts, and to the aid which Lord Hardwicke had afforded him in the pursuit of them. " My Lord,* — Some time ago I had the honour of a letter from your lordship, & according to your desire, I should have instantly transmitted to you the extracts of Nicholson's letters, if I had not imagined that they were in the hands of Mr. Davidson, who was then in the country. I have now discovered my mistake ; & as Ni cholson's papers are in Sir David Dalrymple's possession, they shall be sent to your lordship by next post. " Dr. Birch informed me, soon after the publication of the History of Scotland, that your lordship had been pleased to accept of a copy, which I presumed to send you, in a very favourable manner. Your lordship had the justest title to that acknowledgment, the only one in the author's power, as any degree of accuracy the author can boast of is owing in a great measure to the materials you was so good as to communicate. I am extremely proud of the approbation with which you are pleased to honour my performance, & shall endeavour to profit by the remarks you have taken the trouble to make upon it. " Tho' the duties of my office in this town occasion many avocations from study and composition, I have ventured to undertake the history of the Emperor Charles V., whose reign contains the opening of mo dern history, & the estabhshment of the present system * Hardwicke MSS,, Wimpole D D 2 404 LIFE OF LORD CHANCELLOR HARDWICKE. of pohcy, manners, & religion in Europe. I shall do everything in my power to render it worthy of the pub lick attention, tho' I must execute it more slowly, & perhaps more imperfectly, than if I were in a situation which allowed me more hours of leisure. " If there be any papers in the Advocate's library, or in the hands of any private person in this country, which your lordship wants in order to complete your collection, be so good as to lay your commands upon me, & I shall be proud to execute them. I have the honour to be, with great respect & gratitude, my Lord, " Your Lordship's most " Obedient and humble servant, " William Robertson." The two next are from Mr. David Hume, the historian of England, in which he also alludes to matters of great interest relative to the subject of his researches. " Compiegne, 23 July, 1764.* "My Lord, — Soon after my arrival in Paris, my curi osity carry'd me to inspect King James's Memoirs, which are contained in 13 or 14 thin folio volumes, aU wrote with his own hand, but not digested into any exact form of narration. Some passages are more compleat than others, and one of the most compleat is the account of the negociations preceding the second Dutch War ; a passage of histo which, to me, always appeared obscure & in volved in great difficulties. Father Gordon, the principal of the Scots' College, a very obliging, communicative man, made, however, some difficulty of allowing me to peruse this passage ; but upon my informing him that I had apphed to the Secretary of State, and expected to have an allowance for inspecting the French Records, where * Hardwicke MSS., Wimpole. letter from DAVID HUME. 405 the treaty between Charles II. & Louis XIV. wou'' cer tainly appear, he dropped all scruple, & communicated to me the whole manuscript. I must speak of it, my lord, from memory, because I left at Paris the extracts which Father Gordon allowed me to make. "The treaty was concluded in the end of 1669 or be ginning of 1670 (for the memoirs do not mark very dis tinctly the time), & Lord Arundel, of Wardour, was the person who secretly signed it, in a journey which he made to Paris for that purpose. The restoration of the Catholic religion in England, & a confederacy against Holland, were the two chief articles. Lewis paid Charles £200,000 a year ; and obliged himself to furnish him with 6000 men in case of any insurrection. Holland was to be divided, pretty much in the manner mentioned by L'Abbe Primi. England was to have Zealand, and the sea ports ; the rest was to be shared out between the French king & the Prince of Orange. There is no mention of establishing arbitrary power in England, but the King probably thought that event a necessary consequence. The scheme of Charles & his brother was, that this great project shou^ begin with the change of religion in Eng land, but Lewis had no such view ; and he therefore sent over the Duchess of Orleans, who persuaded the King to begin with the ruin of the Dutch commonwealth ; after which the confederates were to impose their religion upon England. The Duke of York always opposed this alter ation of the original plan. " I must own, my lord, that I see from these memoirs, that I have in one particular somewhat mistaken K. Charles's character. I thought that his careless, negh- gent temper had rendered him incapable of bigotry ; and that he had floated all his hfe between Deism and Po pery ; but I find that Lord Halifax better knew his senti- 406 LIFE of lord chancellor hardwicke. ments, when he says that the King only affected irreligion, in order to cover his zeal for the Catholic religion. His brother informs us, that when this negociation was set on foot, the King called together his secret council, and spoke with such ardour of restoring the true religion, that tears came into his eyes. " I was somewhat surprised to find, that the two bro thers thought, at that time, that the Church of England & the cavaliers had such a propensity to Popery, that the smallest inducement would engage them to embrace it ; and on this disposition they chiefly trusted for success in their enterprises. They were probably much mistaken, for no writings of that age inform us of any such pro pensity. " I shall probably take some advantage of a new edition of my history to correct my mistakes in this particular, and in a few others of no great moment. Mean while, I am happy in having an opportunity of gratifying your Lordship's curiosity, & of expressing my sense of your obhging deportment to me, when engaged in writing the life of Elizabeth. I shall think myself very fortu nate if your lordship will afford me fi-equent opportu nities of the same kind. I cannot at present answer your question with regard to the Gallery of Fortifica tions, but as soon as I get to Paris I shall make inquu-ies, & shall inform your lordship. I have the honour to be, my Lord, " Your Lordship's most obedient " & most humble servant, "David Hume." " Compiegne, 8 of Augt, 1764.* " My Lord, — I am very happy that my letter gave * Hardwicke MSS., Wimpole. HUME ON ENGLISH HISTORICAL MANUSCRIPTS. 407 some satisfaction to your lordship. I carry'd both Lord Holdernesse and Lord Holland to the Scots' College, and show'd them some remarkable passages of K. James's Memoirs. I believe that Lady Holdernesse was also there, tho' I had not the honour to accompany her. Father Gordon tells me, that there is in the same place a great collection of letters wrote to K. James after the Revolution, & some of them by persons whom, from their character & professions, we shou"* little suspect of that correspondence. It will not give much surprise that Lord Marlborough is one of the number. Father Gordon thinks that it will not be difficult, after the death of the old gentleman at Rome, to procure his son's con sent to the publication of the whole, which may be of use to throw light on the English history. I found no thing remarkable in the memoirs, with regard to the Popish plot. The Duke treats the whole as a gross imposture & forgery of Oates, & the other evidences, assisted by the knavery of Shaftesbury, & the blind zeal of other Whig leaders. I believe there is little doubt that this is the real state of the case. " The Duke of York states that his brother, a little before his death, determined, at the persuasion of Lord Sunderland, to send him to Scotland, and to make some considerable alterations. He also says, that after he went to France, he discovered that that nobleman, while in his service, had secretly received pensions both from Lewis & the Prince of Orange ; so that he had found means to be at once a traitor to three princes, for it is not to be imagined that he served any of them with fidelity. " Besides this Book of Memoirs, there is a long letter of advice or instructions of the King to his son for the future government of his kingdoms. It is a very silly 408 ' LIFE OF LORD CHANCELLOR HARDWICKE. performance, which I do not think to be the case with the Memoirs. That prince's arbitrary principles appear strongly in the instructions: he represents particularly the pernicious effects of the Habeas Corpus Bill. But the greatest part of these instructions is employed to warn his son against the allurements of women, parti cularly the court ladies, whom he calls a dangerous kind of cattle. He owns that, in his youth, he was much led astray by them ; but he seems to expect that the warning given to his son will preserve that prince's youth from a like danger. " Your lordship's offer to communicate lights for the correction of such errors as I may have fallen into in my history, is extreamly obliging. I know how great advan tage I might reap from your lordship's extensive know ledge and sound judgment ; but it is unfortunate that my present situation should make it impossible for me to avail myself of them. I have always sought truth, I am sure without interest, and I hope without partiality. What gives me some security in the latter particular is, that I had several prepossessions of my own to correct during the course of my work. I found, in particular, that the two first princes of the house of Stuart, if their administration be compared with that of their predeces sors, were not exposed to so much blame as party zeal has commonly thrown upon them, and as I myself beheved to be the case. This representation of matters was as much contrary to my former preconceived opinions as to my interest. But I am so sick of all their disputes, & so full of contempt towards all factious judgments, & indeed towards the prejudices of what is called the public, that I repent heartily my ever having committed anything to print. Had I a son, I shou'' warn him as care fully against the dangerous allurements of literature as K. LETTER FROM DAVID GARRICK. 409 James did his son against those of women ; tho', if his inclination was as strong as mine in my youth, it is likely that the warning would be to as little purpose in the one case as it usually is in the other. I shall be in Paris in a few days, where I shall be proud to obey your lordship's commands in any particular. " I have the honour to be, my lord, ¦" Your lordship's most obedient " & most humble servant, "David Hume." The following notice of the writer of the two last letters is contained in some of Dr. Birch's correspondence with Lord Royston : — "25 July, 1761.* — David Hume is just come from Edinburgh to London. I dined with him on Tuesday, and found that the purpose of his journey is to put to the press his History of England, from the earliest times to the reign of the Tudor family. This work will amount to two large or three moderate quartos. " He has, since his return to Scotland, soon after Christmas, devoted himself entirely to the task of compiling this History, which is the labour of two years, having spent s'ome days fourteen hours upon it, but without the least apparent diminution of his former bulk." The next letter, which contains an original poetical production of the writer, is from Mr. Garrick, the emi nent tragedian, who was on terms of strict friendship both with Lord Hardwicke and Mr. C. Yorke. "Hampton, July y" 23d, 1769.f " My Lord, — I always shall obey your lordship's com mands with great pleasure. I have sent a copy of the trifle you mention on y^ other side. It is much at your service. I cou'' wish no copies may [be] taken of it. I believe your lordship will find in reading it that my wishes • Hardwicke MSS., Wimpole. t Ibid. 410 LIFE OF LORD CHANCELLOR HARDWICKE. were unnecessary. Had you been in this part of the world, I should have troubled your lordship by read ing to you an ode for the jubilee upon a new plan ; — the recitative part will be spoken by your humble servant, & the choruses & airs will, at y^ proper times, break in upon the speaker. I hope by this to avoid the dullest part of music, w'^'' is y^ recitative, & endeavor to supply that want with a wai-m, spirited declamation. It is an experiment, but I think it worth y" tryal. I have got ye collection of poems called the " Union," but I can make no use of them. Poor Powell had some requisites of an actor, but he was care less, & gave his pleasures (what he thought pleasures) the time he sh"* have employed in study. Alas, poor stage ! I think it in a very declining way. The Chan cellor writes me word he is much better. " I am your lordship's most obedient, " obliged, humble servant, " D. Garrick." " Upon a certain Grotto near Hampton. By a Tenant of the Manor. " A grotto this, by mortal hand ! O no,^ — we tread on fairy land, 'Tis raised by Mab's inchanted wand ! So rare, so elegant, so bright. It dazzles while it charms the sight : In all you see her magic skill. The velvet green, the tinkling riU, The chrystal lake, the little isle. The various flowers, that round it smile ; The fairy palace well I knew, And Mab, the Queen, in Montagu! Could mortal miss, so small, so young, original poetry by garrick, 411 Bewitch her hearers with her tongue ? Did she not talk, & smUe, and sing, And dance with me* the fairy ring? And from her favours, full success Did all the year my labors bless ! " O hear me, Queen, to thee I pray, — Thou little, sweet, enchanting fay, — That still, with thy bewitching art, Thou would'st to Halifax impart Those joys, which charms like thine can give. And generous minds, like his, receive. * Be thou his sure, his best relief. From every private, public grief. And call forth all thy magic powers To bless his days who blesses ours." The " Athenian Letters" were printed for private use in 1741, and 100 copies were reprinted about the year 1780, by the second Earl of Hardwicke for select friends. The writers in that collection were the nobleman last named ; the Hon. Charles Yorke ; the Bishop of Lincoln, Dr. Green ; the Rev. George Henry Rooke, D.D., Master of Christ's ; the Rev. Henry Heaton, M.A., afterwards Prebendary of Ely ; the Rev. John Lawry, M.A , after wards Prebendary of Rochester ; the Rev. Dr. Salter, who has been mentioned before ; Daniel Wray, Esq. ; and Dr. Heberden. Several notes were furnished by the second Earl of Hardwicke to an edition of Burnet's History of the Reformation, in which he records some conversations with his father, and anecdotes related by him, respecting different matters there mentioned. • " She would dance a minuet with the author," 412 LIFE OF LORD CHANCELLOR HARDWICKE. The second Lord Hardwicke was also the author of " Walpoliana,'' which is a collection of numerous anecdotes relating to the Walpole family, and others connected with them. The materials for this work were supplied to him by Sir Robert and by Horace Walpole. A literary hoax, of some celebrity, is said to have been perpetrated by the second Earl of Hardwicke, in a pretended newspaper of the reign of Queen Elizabeth, called the " English Mercuric," which for some time passed current as a genuine original journal of that period, and which formed the subject of one of Horace Walpole's works, entitled, "Detection of a late Forgery." As a member of the House of Commons, both while Mr. Yorke and Viscount Royston, his lordship was an active, able, and efficient debater ; which he continued to be on his obtaining a seat, as his father's successor in the peerage, in the upper house ; when he took a prominent part in several questions of leading interest and import ance. He was a warm supporter of the party and the principles of which the Marquis of Rockingham was the head; and almost any office in the government which he might have wished for would have been open to him. The meetings and consultations of the leading noblemen and gentlemen of the Rockingham party usually took place at Lord Hardwicke's house in St. James's-square. This Earl died in May, 1790, full of years and of honours. His Majesty had offered to advance him to a higher rank in the peerage ; which, however, he declined, contented with the honourable name and titles which his father had rendered so illustrious, and to which he himself had added additional lustre, by his own exalted character, and well-cultivated talents. The second Earl of Hardwicke left no male issue ; and consequently, at his death, his own titles devolved on his CAREER OP CHARLES YORKE. 413 nephew, Mr. Phihp Yorke, then M.P. for Cambridge shire, the eldest son of Mr. Charles Yorke, and alluded to in the foregoing memoir. The second son of Lord Chancellor Hardwicke, Mr. Charles Yorke, who was born in the year 1723, and bred to the profession of a barrister-at-law, was the most highly gifted of the sons of this distinguished nobleman. The general outline of the career of Mr. C. Yorke has been given in describing the hfe of the father. He was educated at a school at Hackney, and afterwards went to St. Benet's College, Cambridge, and was called to the bar by the Hon, Society of Lincoln's Inn, in the year 1746. His brilhant success in his profession and in Parliament, and his promotion to the offices of Solicitor and Attorney- General have already been mentioned. Mr. Adolphus says of him,* that he had studied the laws and constitu tion of his country, and their application to the science of politics, in the best school of the age ; and that he was no less eminent at the bar than in the estimation of the most enlightened statesmen. His extensive literary ac quirements, his great abilities, and the integrity of his character were well known, and universally respected ; and he twice filled the office of Attorney- General, with the greatest reputation for talents and integrity, and was deservedly high in the confidence of the administration and of his country. In the walks of literature he highly excelled ; and some of his letters, already quoted, afford proofs of his talent and research when exercised on topics connected with this. In conjunction with his elder brother and Dr. Birch, he engaged actively in contributions to the "Athenian Letters." * History of England. 414 LIFE OF LORD CHANCELLOR HARDWICKE. The following very characteristic correspondence re lating to some of the proof sheets of the last-mentioned work, I here insert : — " Dear Sir, — The printers & their attendant devUs are extremely clamorous for the second sheet of the ' Athenian Letters,' which I sent to you on Thursday morning, & which I now desire you to return to, " Dear Sir, " Your most obed' humble serv*, " Thos, Birch, " Saturday Morning, "January 15th, 17 4-- " The Hon^''= Charies Yorke, Esq,, " At the Right Hon''''^ " The Lord High ChanceUor's, " In Ormond Street," At the bottom of the letter, in Mr. C. Yorke's hand writing, is the following : — " I wish I had known where this sheet or myself might have found you, & you sho'' have had it before. Some corrections I have made, and boldly rendered commas to two ,or three places where you had discarded them. I will meet you at S* James's Square on Monday morning, and discourse you on these points, (don't think that I mean an idle paronomasia), and we will settle how the sheets may be transmitted with ease from one to another. Pray, in the conversation on idolatry, in the passage which alludes to Orsame's letter on the QEgyptian brute worship, make a reference at the bottom of the page to the very letter in the 2nd vol." Of all the various effusions of the mind, a man's pri vate letters afford the best insight into his real character, * Dr, Birch's MS. Collect, Brit, Mus. CHARLES yorke's DISCOURSE ON FORFEITURE. 415 and reflect, with the utmost exactness, the feelings and disposition of the writer. And of all the different kinds of epistolary correspondence, these short unstudied notes to intimate friends, which are the sudden, unprepared off shoots of the mind, in which its natural bent and turn are vividly displayed, are the most perfect for this pur pose. No after correction is admitted here, nor are the sedate tones in which many of the foregoing State letters were indited, thought necessary to be assumed, which at once chill the mind, and reduce it too far below the zero-point in mental temperature to allow the natural elasticity of the writer's feelings to be exhibited. In the year 1744 Mr. C. Yorke, being then only a student for the bar, published his grand professional work, the " Discourse on Forfeiture," which has already been referred to, and of which we have the following account from his own pen, as contained in three letters addressed by him to his friend, Mr. Warburton, during the years 1745 and 1746 : — " Thursday, JanM 31s«, 174|,* " You ask very kindly after the little piece which I communicated to you in great confidence. Nothing encouraged me so much to send it abroad as your appro bation & correction of it; the first I consider as an amiable effect of your partiality, the second as the sin cerest mark of your friendship. The delay of it has been owing to the manner in which it was necessary to carry it on at the press, & to some small alterations I have made in it. In a few days I hope to send you one of them. Give me leave to say, that I continue abso lutely convinced, (for many reasons too tedious to be ex plained, & many to be felt only), of the importance that the author be kept secret, & if any inquiry should * Hardwicke MSS., Wimpole. 416 LIFE OF LORD CHANCELLOR HARDWICKE. be made, even a false scent encouraged. After all, I think it will be little read, & steal silently into the world, both from the decency of the reflexions, & the strict manner of arguing I have endeavoured to preserve throughout. Besides, in a time when people think only of the politicks of the day, no man troubles his head about that which is omnium temporum," "Rest, May 30, 1745.* " It was very friendly in you to speak and write of me to him,t in the manner that you did, & tho' I have not often seen him, yet he has called upon me sometimes, and when we have had the fortune to meet together, he receives me with the greatest civility, & seems much inclined to converse with me. The last time I saw him, he entered into soHie talk about the law of forfeiture, and said he was going to read the new book, which is called the Bishop of Salisbury's. The book in question had never been examined, and was treated in Parhament rather on the circumstances of the time than the general merits of the argument. I found him prepossessed in opinion agst the thing, and the two reasons he gave were these. 1st. That it was ag^* natural justice, because the expecta tion of inheriting, in w"*" children are educated, confers, on the principles of equity & the natural law, a right. 2ndly. That resistance ought not to be made difficult. To the first I answered, that the expectation is a natural reason why society sho^ permit the chUdren to inherit, but confers a right on the principles of no law whatever. To the second, I said a thing which seemed to strike him, that the objection proceeded on a notion subversive of the great principle that supports every system of law, human & divine, which is, that the strongest sanctions are necessary to make the fundamental parts of any effi- * Hardwicke MSS., Wimpole, f Mr. afterwards Lord Lyttelton. CHARLES yorke's ACCOUNT OF HIS BOOK. 417 cacy. Keep the balance as even as you can, in a mixed government hke ours, by forming every estate in the constitution as a controul upon the rest, but it is extra vagant to think of leaving the least strength or tempta tion to individuals to controul government itself That no lawgiver ever provides for the case of extreme neces sity, nor thinks himself at liberty to suppose it. Where powers of government are given, & their extent marked out, there every man can equally suggest cases of disso lution to his own fancy, but when the cases happen in fact, recourse is had to arms ; & when those who are entrusted with the executive part have brought them selves into such circumstances, there generally succeeds a weakness in the hands of government, which renders it unable to exact those penalties & forfeitures that were intended to secure it, in which event the argum*^ form a difficulty, and terror is none at all. That the conquerors in civil wars will always inflict these severities on the conquered, whether they are due by the antient consti tution of their country or not, both out of policy & revenge. To this he answered verv ingeniously, that it would be a good thing, however, to have the law on one's side, & put me in mind how popular & healing that act of H, the 7"" reign was which makes the obedience to a king de facto lawful. I said, nothing was truer than Tully's aphorism, silent leges inter arma ; and as to the law of H, the 7*, it was taken rather as an indemnity & obh- vion of what was past, than a security to the men of future ages. And if I am not mistaken, those who pleaded the equity of that statute after the Restoration were not allowed in their plea, & certainly as it was a remedial law for the public benefit, it ought to have received a liberal construction. Many distinctions might arise on the proviso at the end, as to the point where VOL. III. E E 418 LIFE OF LORD CHANCELLOR HARDWICKE. allegiance to one govern* ends, & the allegiance to ano ther begins, which, joined to the nature of civil commo tions, must always make it a very weak support to those who lean upon it. " They tell me the book which produced this conversa tion has sold so much as that a second edition wUl pro bably be wanting. If it sho'' have one, some additions might be made to that part of it which concerns this point, tho' to say the truth, the objection appeared to me popular wildness, proceeding from those who have never thought of government, rather than a weighty argument, which cou'^ deserve a very distinct considera tion." Feb, 6, 1745-6.* " I immediately sent the copy designed for the second edition of the Book of Forf to the press, and I imagine it will be published in a few weeks. I wish you had been near me, or I near you for a day or two, that I might have had the advantage of your judgment upon the whole of it, as it now stands. I have touched the expression in many places ; & added reasonings & improvements in many. It is as compleat as I ara capable of making it, & I shall never write upon it again. Certainly it receives a peculiar expediency & grace from the circumstances of the time. But I hope the name of the author will remain unknown, tho' the book has a better chance of being read than a year ago. Some how or other my name has been mentioned abroad, & perhaps it may be called up again. However if my friends either disclaim it or don't speak it, still it will pass off quietly in respect of me. You admitted reasons which I had upon this subject to be good ; they remain the same : & * Hardwicke MSS., Wimpole. bishop warburton AND CHARLES YORKE. 419 I know your tenderness for me will not suffer your secrecy to moult a feather. One circumstance I should mention to you which does me honour, & when I heard, flattered me beyond any approbation whatever. The Bishop of Oxford was talking to me about the book t'other day, & said to me, that the Bp, of Salisbury had recommended it to him, & added, that he suspected it to be yours. As an internal evidence, he laid his finger upon the passage relating to the Jews." Mr. Yorke's treatise on Forfeiture is thus very justly eulogised by Lord Campbell: — " Now, for the first time, appeared among us a writer who rivalled the best productions of the French and German jurists. He was not only an admirer, but a correspondent of Montesquieu ; and he had caught a great share of the President's precision, and of his animation. In this treatise, he logically lays down his positions, and enforces them in a train of close reasoning — without pedantic divisions, observing lucid order, — and drawing from the history and legislation of other countries, the most apposite illustrations of his arguments."* The original papers of the great Lord Somers, as stated before, descended to the Yorke family, through the man-iage of the Chancellor with the niece of that dis tinguished lawyer. Mr. C. Yorke undertook the ar rangement of these manuscripts, the larger portion of which, as already mentioned, were destroyed at the fire in Lincoln's Inn, which consumed Mr. Yorke's chambers. With Mr., afterwards Bishop Warburton, Charles Yorke corresponded at the age of twenty on the subject of his profoundest works. His letters, says the editor of the " Literary Remains" of that able prelate, " Show an extent of reading, a ripeness of judgment, aud a precision of thought rarely to be met with so early in life. They discover also, (with perhaps a single exception,) what is more and better, an ingenuous * Lives of the Chancellors. E E 2 420 LIFE OF LORD CHANCELLOR HARDWICKE. modesty, and a reverence for revealed truth ; qualities which will generally be found to characterise those who have drunk deepest at the purest sources of good learning." In one to Bishop, then Mr. Warburton, dated January 19th, 1743-4, Mr. Yorke says, " The din of politics is so strong every where, that I fancy it must have penetrated into your retirement. It tempts me sometimes, in an indolent fit, to apply Lord Bacon's words to myself, that, — ' I discern in me more of that disposition which qualifies to hold a book than to play a part.' Yet if you come to London this spring, you will find me engaged in what properly concerns me ; but your company, whether enjoyed by letter or personally, will always draw me back to my old studies, 'frustra leges et inania jura tuentem.' " An interesting account of Mr. Yorke in his domestic life, is afforded to us by Bishop Warburton, in one of his letters to Bishop Hurd, where we have the following description of a visit to him at Highgate : — "June 19th, 1769.* " Last Thursday we dined with Mr. and Mrs. Yorke, at Highgate, It was not a good day, but we walked on his terrace, and round his domain. He has improved it much. But in contempt of your latebree dttlces, you enter the terrace by the most extraordinary gate that ever was. His carpenter, I suppose, wanting materials for it, got together all the old garden tools, from the scythe to the haramer, and has dis posed them in a most picturesque manner to form this gate : which, painted white, and viewed at a distance, represents the most elegant Chinese railing : though I suspect the patriotic carpenter had it in his purpose to ridicule that fantastic taste. Indeed, his newly invented gate is full of recondite learning, and raight well pass for Egyptian, interpreted by Abbe Pluche I was buried in these contemplations, when Mr. Yorke, as if ashamed of, rather than glorying in his artificer's sublime ideas, drew me upon the terrace. Here we grew serious ; and the fine scenes of nature and solitude around us, drew us from the Bar of the House, and the Bishops' Bench, to the memory of our early and ancient friendship, and to look into our selves." * Letters from a late eminent Prelate to one of bis Friends. DAVID GARRICK TO CHARLES YORKE. 421 The foUowing letters of interest are among Mr, Yorke's correspondence. The first three are from Mr. Garrick, and require no introductory comments : — " Xmas Day.* " Sir, — As it is my greatest pride to be thought of favourably by Mr. Yorke, I would not chuse to appear ignorant at his table ; and therefore I have taken the liberty to explain something which I said in the warmth of conversation yesterday. My good, friend Mr. Wray rides always so swift a nag, that whoever strives to follow him will be apt to stumble. This was my case, when we talk'd about Hamlet & the mobled Queen. He asked me. What was mobled? I answered, Clouted. But something running in my head, & the demon of criticism (slipping down with y^ Burgundy) possessing me at y^ instant, I said. Is it not mob-led? When I returned home, & was looking into a memorandum book, where I had collected every scrap about Shakespear, I found that I had met with this interpretation of mob led in some pamphlet or other, & that I had written under it. Absurd & ridiculous ; & most certainly it is so. Dr. Warburton says — Mobled, or mabled, signifies veiled; Johnson — Huddled, or grossly covered. Copel has it. Ennobled queen, w"" I don't understand. Shake spear certainly means, wretchedly clad : ' A clout upon that head. Where late the diadem stood,' &c. " I have taken the hberty to say thus much, lest I shou^ be thought too ignorant by those I had the honour to converse with yesterday. " As your family. Sir, is known to be great admirers of Shakespear, & as the name of Harris carries along * Hardwicke MSS., Wimpole. 422 LIFE OF LORD CHANCELLOR HARDWICKE. with it the idea of true criticism, I could not help in- treating you to protect me from their iU opinion, as I have, in another way, to protect me from the evil doings of the tremendous Mr. Langstaflf. " I am, most gratefuUy, Sir, " Your most obedient & very humble servant, " D. Garrick. " If you wou'^ likewise turn y^ edge of Mr. Wray's wit from me upon this occasion, my mind wUl be at peace." " April y^ 8th, 1768.* " Sir, — Give me leave to return you my warmest respects for your kind readiness in relieving my partner, Mr. Lacy, & myself, from a disagreeable suspense. " I was in the country when my brother took the liberty of returning a very small tribute for the best advice in England. I rely upon your usual goodness to me to excuse my brother. He meant weU to the mana gers, & was willing not to deprive them of the benefit of having recourse to Mr. Yorke, whenever they might want him ; which they could not dare to do, were they not put upon a footing of other clients. Besides, my brother well knew the great pride & pleasure I had in your very generous & friendly behaviour in my par ticular concerns, & was desirous that I should have that honour alone ; &, indeed, however he might be wrong in his manner, he spoke the feelings of my heart, " I may be selfish in the declaration, but I must con fess my weakness that I wish not to have a partner in your favour. " I am. Sir, your most obliged " & most obedient, humble servant, " D. Garrick." * Hardwicke MSS,, Wimpole. yorke's power as a debater, 423 "Hampton,* " Sir, — I should not have dared at this time to trouble you with this letter, tho' I have been honoured by your favour, did not the peculiarity of my situation press me to intrude upon you. I have no less at stake than the quiet enjoyment of my little place at Hampton, which is threatened to be disturbed by the most dis agreeable of all neighbours, a litigious attorney. My brother has left the case some time ago for your opinion. My witnesses are both old men, & one of them much out of order : I hope, therefore, I shall be pardoned in intreating Mr. Yorke to cast his eye upon a paper, which is of the greatest consequence to " His most humble & most obedient servant, " David Garrick." The letter which follows is from the Marquis of Rock ingham to Mr. Charles Yorke, in which the writer bears testimony to the ability with which Mr. Yorke ex pressed his sentiments in the House of Commons : — " Dear Sir, — I look at my clock, & I see it is near two o'clock ; but I cannot refrain from expressing to you how much pleasure I feel in your having attended the House of Commons, & delivered your sentiments with so much dignity, argument, & propriety, & so much to the satisfaction of all our friends. " Keppel & Dowdeswell, & some of our friends, have been with me till now. " I received this evening the enclosed letter from your client & our friend the Buke of Portland, & I can not help communicating it to you. " I am sure your feehngs will be warmed at the honourable & manly zeal which he expresses. Amidst » Hardwicke MSS,, Wimpole. 424 life of lord chancellor hardwicke. the general wreck from the want of principle, it is no small satisfaction to me, that as to those I respect & honour, & whose friendship I enjoy, it is not in their breasts that there is any deficiency. " I am ever, dear Sir, with the truest regard, " Your most obed* & affect^ " humble servant & friend, " Rockingham." " Grosvenor Square, Jan, 25th, 1768.* Monday Night, " Pray return me the D. of Portland's letter." The next letter is also from the Marquis of Rocking ham to Mr. Charles Yorke, and refers to a debate on the privilege question, which had recently occurred in the House of Commons. In this letter the Marquis alludes to a statesman and orator, who, under this nobleman's patronage, had just appeared on the stage of public life, but who, long before his election to the House of Commons, — which was soon to become the arena for the display of his stupendous powers,— had been actively engaged in intel lectual efforts of a high order, and great were the pro ductions which his genius had already brought forth. Mr. Burke, like the subject of this memoir, commenced his course as a student of the Middle Temple, intending to follow the profession of which Lord Hardwicke was at that time the ornament and the head. From the halls of our legal seminaries, how glorious a band of orators, statesmen, and men famous in every department of polite learning, have sprung forth. May they ever continue in lasting succession thence to emanate ! When Burke came before the world as a pubhc man, • Hardwicke MSS,, Wimpole. CHARACTER AND GENIUS OF BURKE. 425 his talents were matured to the full, and ripe for action ; and though many branches of literature had been en riched by his pen, he stepped forth at once from obscurity into the foremost rank among the leading characters of the age. The growth and expansion of this great mind no nation saw, no rival watched, no party calculated on. Yet, during all this period had his vast genius been at work, and ere this had he conceived mighty projects for the nation's glory, devised new systems in pohtical science, and explored the dark and mysterious regions of metaphy sical speculation. The wide world of knowledge he seemed not only to have travelled, but before his eye the whole sphere was ever present in view. His eloquence was at once powerful and convincing. Wliile deeper thought, and more extensive philosophy, and wisdom of a more profound nature, pervaded his orations than those of perhaps any other age or country, his style was enriched with the most poetical ideas, and adorned with the boldest flights of imagery. Reasoning, originality, wit, eloquence, knowledge, and power, he had not only each at command, but each in fuller abundance than any of his great competitors or contemporaries. Whatever subject he entered upon he exhausted ; each topic that he em braced he illustrated and added to ; in every branch of knowledge which he explored, he extended our view, and discovered new paths, " Dear Sir,* — I congratulate you on the event of last night. I was rather surprised at the small number of the minority, as I thought the Bute policy wou'' have avoided a division & given up the whole without it, rather than shew so weak a minority. I am getting a correct list, as I think it of some consequence. * Hardwicke MSS., Wimpole. 426 LIFE OF LORD CHANCELLOR HARDAVICKE, "Lady R° attended the house the whole day, & upon being called on for her toast after a 4 o'clock in the morning dinner, shewed her judgment in toasting you, & much to the approbation of the company. We are all mightily pleased with the whole of yesterday. I have a private inteUigence that Sir J' Lowther sent this evening to the D. of Grafton, to insist that Mr. Jenkinson, a L^ of Treasury, shou*^ vacate his seat for Cockermouth, as supposed for Sir James to come in there. I have also reason to believe that L^ Mountstuart, Sir George Macartney, & C, J. Fox wUl now attend the Pool election business ags* Mr. Calcraft, who after various pranks, at last voted in our majority, & for which we owe him no thanks. " I have been at the House of Com'ons till just now, & am almost as much pleased with the debate there to day, as with the division last night. " Indeed I can conceive that if Lord North had not given up his motion, we might possibly have been again the majority. " You have heard of the printer, &c., being called before the House of Lords, &c. ; of his having accused & brought some evidence that Wilkes wrote the very passionate introduction to the publick, of L"^ Weymouth's letter to the justices. " The House of Lords deemed it a false, scandalous, ^ seditious libel, & probably it is so, but having heard the debate in the House of Commons, I have some doubt whether the House of Lords has not been precipitate. L'' Weymouth's letter I did not like, & by what I can see in the H. of Commons — the two matters — i. e. intro duction & letter will come into a mixed consideration, & occasion much debate. " The House of Lords to-day desired a conference, & marquis of ROCKINGHAM TO CHARLES YORKE. 427 at the conference delivered their complaints of a breach of priviledge, stating it as a libel, &c,, & the information they had of its being wrote by Wilkes, a member of the House of Com'ons. L'^ North moved in the House of Com'ons, that they should immediately declare the introduction a false, infamous, scandalous libel, &c. He vociferated beyond even his usual pitch, but somehow the house did not re-echo, Mr. Seymour got up & thought it a matter of consideration, & objected to taking the introduction separate from the letter, & commented much upon the letter ; expressed his dislike to the frequent use of troops in quelling riots ; lamented that the civil power was not more exerted ; attributed it to the want of confidence in the administration ; touched upon the state of administration composed of men of various minds, in a divided state totally wanting the con fidence of the people, &c. L'' North flamed, declared the administration were united as one man — that they cordially & reciprocally loved each other ; extolled the conduct of administration in the care they took upon the riots ; extolled the judges who sat on various trials ; extolled the army for their behaviour, with spirit & reso lution, &c,, &c., & as he thought that part of Seymour's speech touched at the Chancellor, he extolled him up to the highest pitch for his abilities, integrity, &c., &c. " Our friend Burke was in high good luck ; he fully answered all the argumentative part of Lord North's speeches, & with most infinite humour replied with true satirical wit to the assertion of the thorough agreement of all in administration. " General Conway lamented the divisions in the country, & declared himself no minister, but a willing desire to support this, or indeed any administration. 428 LIFE OF LORD CHANCELLOR HARDWICKE. " Dowdeswell spoke well & fully on the impropriety of going then into the consideration of the matter in the separate way proposed by L'' North, & touched upon the variety & importance of what must arise in this question ; expressed much doubt on L'' Weymouth's letter, & the doctrines there laid down ; & took up L'' North's words of commending in such high terms the military with the epithets, for their resolution 8^ spirit; resolution & spirit proper ag* an enemy abroad ; temper ; care not to hurt the innocent at home ; more worthy of commendation. " Dowdeswell then entered into the state of this country, how it had been distressed by the odious maxims pursued of late of divide 8^ impera. The great difficulties that there were of forming any solid adminis tration ; that the time might come when some matters whereon men had differed might either be totally over, or that on some they might meet, by the time producing events which might make some men relinquish their ideas or maxims from the difficulties they might occasion in being carried into execution. " Dowdeswell said, till an administration could be formed on a strong basis, &c., he thought an office in administration could be no man's ambition. He was sure it could not be the object of an honest man. " Grenville spoke soon afterwards, disliked L'' North's motion (which Lord North in the course of the debate expressed that he would give up) & spoke exceeding weU; took in some parts Dowdeswell's line — & upon the whole did well. " Wederburn also spoke. In short, after seven sides of paper, I have told you very little of what passed, & it makes me the more anxious that you should dine here to-morrow. Burke dines here, & L"^ G. Sackville. Dowdeswell is, unluckily, engaged, so that we may have a LETTERS FROM DR. DODD. 429 httle chat upon what passed. Great part may be for the whole table — some part may be for a corner. Mon day next is the day appointed for the consideration. " Lord Mansfield, Hardwicke, D. of Portland, Lord Besbrough, Lord Albemarle, dine here to-day. "Yours, &c. " Rockingham. "Heft the H. of C. at 8 o'clock. It is now 10 o'clock. " Friday, Deer. 17 th, 1768." The two following epistles were addressed to Mr. Charles Yorke by the unfortunate Dr. Dodd, who was afterwards executed for forgery on Lord Chesterfield. In the first of the letters he alludes to his connection with that nobleman. The latter of them was written to Mr. Yorke as a Bencher of Lincoln's Inn, on Dr. Dodd being a candidate for the preachership of that society in 1765. " West Ham, Aug^. 5.* " Sir, — Tho' barely known to you, I am about to take a liberty, which nothing can excuse, but the highest opinion of your merit & disposition to do kind & good actions. " Lord Chesterfield has done me the honour to place under my care, Master Stanhope, about eleven years old, the heir of his lordship's title & fortune, & whose educa tion he directs & superintends. I wish to procure two or three more young noblemen or gentlemen to educate on the same plan ; & as nobody is more in the great world, or better esteemed, I beg leave to request your obliging recommendation, if any thing of this sort shou'* occur. I shall be very ready to wait upon any gentleraan to inform him of the particulars ; or, I dare say, L"* Chester- * Hardwicke MSS., Wimpole, 430 LIFE OF LORD CHANCELLOR HARDWICKE. field wou'' be so good as to give that satisfaction to any enquirer. I shall fix, at Michaelmas, in Southampton Row, for the sake of carrying on this design. " You must place this trouble, great & worthy Sir, to the account of your justly valuable character ; a character which shines with peculiar lustre in the eyes of every thinking and good man ; & which, as eminently fitted, will assuredly one day fill the highest stations. " I am. Sir, with the greatest regard, " Y'' most devoted & obliged ser' " William Dodd." " Permit me, worthy & honourable Sir, to return you my most sincere thanks for the very polite & humane reception which you gave me on Thursday ; & at the same time to inform you that, encouraged by the hope of your favour, in case Mr. Hurd declines, I have pro posed myself a candidate for the preachership, & waited upon several of the Benchers. But, as I am perfectly satisfied that all my endeavours will be fruitless without your interest, which is (and indeed, from your superior merit, ought to be) most powerful, I humbly & earnestly entreat your support and concurrence. This granted me I shall not doubt of success. This denied me, I shaU give up the pursuit. I have, indeed, httle to urge to engage your favour; a desire to deserve well of my fellow creatures, is my best plea. I have laboured with assiduity in my profession, &, I hope, with sorae success ; but for worldly advancement, I have not yet been so happy as to attain any thing considerable, tho' I have met with many disappointments, & some hard treatment. " Excuse me. Sir, for mentioning thus much respect ing myself; but I am no stranger to your virtuous & STANISLAUS, KING OF POLAND. 431 humane disposition, & to your just mode of thinking. From which I promise myself some share in your regard ; & should I be so blessed as to succeed in this appoint ment, my best endeavours should be exerted to do credit to your recommendation, & to show myself grateful for so distinguished a mark of your attention. Men with happier fortunes & larger connections will, doubtless, come far more powerfully recommended than myself; but as I am persuaded that happier fortunes & more powerful recommendations will weigh little with men of your honourable & judicious sentiments, I repose myself with great confidence & pleasure on your goodness & sensibihty, & remain with the highest esteem, " Worthy Sir, " Your m* respectful & " devoted servant, " William Dodd. " West Ham, Essex, 20 June, 1765,* " P.S. I have taken the liberty to enclose a little piece or two, not from a presumption of their merit, but to show you, sir, that I am not quite negligent in my station, as well as to inform you in some degree of my rehgious sentiments, if haply a moment from your valu able & important time can be spared ; & with which I would not interfere by a personal attendance. May I request a place for the Beauties of Shakespeare in your amiable & ingenious lady's closet?" The following letter was brought by Sir James Harris, afterwards Earl of Malmesbury, from Stanislaus Au gustus, the enlightened and patriotic, though unfortu nate King of Poland, to Mr. Charles Yorke, directed " a Mr. Yorke, ci-devant Avocat- General. "f • Hardwicke MSS,, Wimpole. t Diaries and Correspondence of the Earl of Malmesbury. 432 LIFE OF LORD CHANCELLOR HARDWICKE, " Mon CHER Charles Yorke, — Vous serez toujours Charles Yorke, tel titre que vous preniez, ou que vous resigniez ; et c'est lenom que j'aimerois toujours le plus k vous donner parce qu'il convient le mieux a la sincere et intime amitie dans laquelle nous avons vecu, et dont le sentiment durera autant que moi-meme. Comme j' ecris plus amplement a votre fr^re I'Ambassadeur, et que je compte dire aux deux freres ce que je dis a l'un (en vertu de cette union digne des temps Patriarchals que j'ai tant admiree dans votre famille) je ne repete pas ici sur Harris que j'ai ete charme de connaitre et d'acceuillir avec distinc tion, ni sur ma situation presente qui redevient trfes critique. Tout ce que je vous dirai c'est, que si jamais on vous offrait la Couronne de la Pologne, je ne vous conseille pas de I'accepter, pour peu que vous aimiez votre repos. Puissiez vous raon cher et digne ami, jouir bien k votre aise de cet otium cum dignitate pour lequel vous 6tes k tous egards si bien qualifie — et dont les douceurs apparemment ne deviendront jamais raon partage. Puissais-je pour soulagement dans ma penible carrifere avoir au moins encore une fois le plaisir de vous embrasser. 'J'ajoute cette prifere a celle que je fais tous les jours; Seigneur, donnez de la sagesse, du courage, et de la patience, a mesure que vous me donnez de la peine.' Adieu, mon ami, pour cette fois. " S. A. R. " Varsovie, 20 Mars, 1768." Several other letters addressed by this sovereign to Mr. Charles Yorke are among the Hardwicke papers, and each breathes the same spirit as that already extracted. The three following letters from the celebrated Presi dent Montesquieu to Mr. Charles Yorke will be read with interest. An account of Mr. Yorke's interview at Paris with this distinguished jurist and author has been given in an earlier part of this work. " Vous etes venu a Paris oii je n'etois pas, vous n'etes pas venu a Bordeaux ou j'etois ; je me plains de ceque vous etes venu en France. J'espere, Monsieurmon tres illustre ami, de vous trouver a Paris vers le mois d'Aug*, ou de Septembre, et que vous me donneres avis de votre voyage, pour que je puisse me vanter d'y etre pour quelque chose. Vous me paries de la lettre de THE PRESIDENT MONTESQUIEU TO CHARLES YORKE, 433 Grotius a Lentius ; j'ay peur qu'eUe ne vous ait trop frape, Remarques que Grotius quand U ecrivit cela n'etoit pas de votre age: une noble ambition convient aux jeunes gens, le repos a un age plus avance ; c'est la con solation de la perte des agrements et des plaisirs. Ne neg- hges pas des talents qui vous sont venus avant I'age, et qui ne doivent point etre contraires a votre sante, quisqu'ils sont votre nature meme. Vous vous souvenes des belles choses que dit Ciceron, dans son Livre des Offices, contre les philosophes, et combien il les met ou dessous de la vie active des citoyens et de ceux qui gouvernent la re- pubhque ; et on ne peut pas le soubsonner d'avoir eu de I'envie contre ceux qui s'attachoient a la philosophic ; puis qu'il etoit luy-meme un si grand philosophe ; le raeme dans un autre endroit, appelle Archimede un petit home; et Platoii n'alla en Scicille que pour faire voir a I'univers qu'il etoit non seulement capable de donner des loix a une republique, mais de la gouverner. Continues done une profession que vous faites avec tant de gloire ; continues une profession qui fait qu'en vous regardant on je souvient toujours de votre illustre pere; continues une profession qui fait voir que dans une age tres tendre vous aves pir porter le poids de sa reputation sans vous courber. " Faites moy le plaisir je vous prie de faire remettre cette lettre a M^ le docteur Warburton : j'ay une veri table impatience d'apprendre qu'il donne son second volume de Julien ; c'est un bel ouvrage qui appartient a toutes les branches de la religion chretienne. Je vous remercie de tout mon coeur de ceque vous me mandes sur les ouvrages qui ont paru en Angleterre. Y auroit-il trop de hardiesse de ma part de vous prier de me donner vos reflexions et vos jugement? Je me charge d'etre de meme votre corrcspondant a Paris. Je vous embrasse. Monsieur, et ay I'honneur d'etre avec un rcspectueux VOL. III. F F 434 LIFE OF LORD CHANCELLOR HARDWICKE, attachement votre tres humble et tres obeissant ser viteur, "Montesquieu. "a Bordeaux, ce 4 Juillet, 1752,"* " Monsieur, mon tres cher et illustre ami, j'ay un paquet de mes ouvrages bons, ou mauvais a vous envoyer ; j'en seray peut-etre le porteur ; il pourra arriver que j'auray le plaisir de vous embrasser tout a mon aise. Je remets a ce tems a vous dire tout ceque je vous ecrivois. Mes sentiments pour vous sont graves dans mon coeur et dans mon esprit d'une maniere a ne s'effacer jamais. Quand vous verres Monsieur le Docteur Walburton, je vous prie de luy dire I'idee agreable que je me fait de faire plus ample connoissance avec luy ; d'aller trou ver la source du scavoir, et de voir la lumiere de l'esprit. Son ouvrage sur Julien m'a enchante, quoique je n'aye que des tres mauvais lecteurs Anglois, et que j 'aye pres que oublie tout ceque j'en scavois. Je vous embrasse, monsieur. Conserves-moy votre amitie ; la mienne est eternelle. " Montesquieu. "a Paris, ce 6 Juin, 1753.f " L'abbe Sallier et monsieur de Fontenelle vous saluent." " J'ay, Monsieur, re^u votre lettre datte de Paris du 19 8''™ : ainsi vous ne vous etes approche de moy, que pour me faire du chagrin. J'aurois ete bien heureux de passer quelque tems avec vous a Labrede ; vous m'au- ries appris a raisonner, et moy je vous aurois appris a faire du vin et a planter des chenes, sous lesquels quelque druide se mettra quelque jour ; mais quand je serois aussi jeune que vous, je ne verrois point cela. Je parts dans trois, ou quatre jours pour Paris, d'oir l'on me mande qu'on s'ennuie Beaucoup ; et en verite il ne vau- * Hardwicke MSS., Wimpole. t Diaries and Correspondence of the Earl of Malmesbury. THE duke of Newcastle's last letter. 435 droit pas la peine d'aller chercher I'ennuy si loin. Si vous aves vu milord Albemarle, vous aves vu un homme que nous aimons touts ici. Le mandement idiot de M'. L'Eveque de Montauban n'a pas plu da\'antage en France qu'en Angleterre : c'est le propre des gents sots, d'etre enchantes de leur stupidite-meme, quand elle fait du Bruit. Je vous repoteray toujours combien j'aurois ete charme de vous voir a Paris, ou ici, et d'apprendre des choses que les livres ne scavent pas. Je vous prie de me recommander a votre illustre ami Monsieur le Docteur Walburthon ; Je luy auroit ecrit cent fois si j'avois seu ou adresser ma lettre. II m'a fait un present qui fait mes de iices : ce sont ses beaux ouvrages, et son edition de Pope. Je luy enverrois bien ma nouvelle edition de I'Esprit des Loix quand je I'auray faite, mais je croirois ne luy en voyer rien. Je voudrois done luy envoyer une des choses du monde que j'ayme le plus qui est une piece de mon vin, que je voudrois qu'il me fit I'honneur d'accepter ; mais pour cela il faudroit que vous eussies la bonte de me faire un plaisir, qui est de me marquer a qui je dois 1' ad dresser, et vous pourres envoyer votre lettre ches moy Rue St. Dominique, a Paris. Ayes la bonte je vous prie, de parler de moy a Monsieur le Clonel Yorke, quand vous luy ecrires. Croyes, je vous prie, que personne ne vous aime autant que je fais. " Montesquieu. " (5 Labrede pres Bordeaux, ce 4 A'*''", 1753, " Un gentil-home Anglois que je vis quelques jours avant mon depart eut la bonte de se charger d'un exem- plaire des differents ouvrages que j'ay faits pour vous les remettre; j'espere que vous les aures re^us."* The letter which follows cannot be read without in terest by those who have perused these pages, as the last • Hardwicke MSS,, Wimpole. F F 2 436 life of lord chancellor hardwicke. letter among the Hardwicke papers of the Duke of New castle, and which was written shortly before his death, to Mr. Charles Yorke. " Claremont, July 3rd, 1768.* " My dear & MOST VALUABLE Friend, — I am so much moved, with the very kind, respectful, & affect^ contents of your letter to the University of Cambridge, upon my subject, that I cannot lose one moment to express my gratitude to you for it. The honour it does me flatters me very much ; but such a character from one who is so good a judge, & who knows the whole history of ray life, & my conduct in & out of employment, gives me great comfort. Tho' I ascribe a great deal to this par tiality for me, yet partiality from one of my dear friend, my Lord Hardwicke's sons, gives me great joy & satis faction. If I have done any service to the pubhck in the course of a long administration, it is entirely owing to the advice, support, and assistance of that great man, my best friend, your father, whose abilities & principles have made such an impression upon me, that I have, & ever shall act upon them, as the surest way to do right in the service of my country, & to retain any little merit I may have got in the course of my administration. ' ' I shall long to have the pleasure of seeing you here, & repeating to you my gratitude for all your goodness to me, & to desire a continuance of your good opinion of me, & of that intimate friendship which is so great an honour & satisfaction to me. The Dutchess of Newcastle & I desire our best compliments to Mrs. Yorke, & hope all the children are well. " I am, dear Sir, ever " most unalterably yours, " HoLLES Newcastle." • Hardwicke MSS., Wimpole. CHARLES yorke's LETTERS ON BACON. 437 The study of the works, and of the character of the great Lord Bacon, appears to have occupied a large share of Mr. Yorke's attention, and several of his letters before quoted run into this topic, as one congenial to his mind, whenever an opportunity for recurring to it, when in cor respondence with a friend who could enter into his views, was afforded. In the following letters to Dr. Birch, this favourite subject is fully pursued. In the first of them, he discusses the career of this renowned philo sopher, whose failings, however, he does not overlook, amidst all his admiration for his learning and genius. This letter possesses a peculiar interest, as displaying the sympathy and feeling of one great mind for another, and for the character and credit of the illustrious person referred to ; a regard not of a personal nature, but for the honour of human nature itself, exhibited in its noblest form as respects the almost divine faculties of the immortal phUosopher in question. In the latter of the epistles, some interesting original information, connected with the above subject, is com municated. Dr. Birch was at this time engaged in editing a collection of .the letters of Lord Bacon, "Oct. 9, 1762.* " Saturday Morn. " Dear Sir, — I thank you much for the sheets of S"' Fr. Bac.'s Letters. They are extremely curious, and well writ, and have made me impatient for the rest. " I have marked, in p. 6, a word blundered in printing, .... anchor ... for anchoret, or anchorite, {hermit, ava')(a)pr]Tr)<;\ " No man deserves so much of the pubhc as you do, for bringing to light so many valuable memorials, for the illustration both of literary and civil history in England. • Dr. Birch's MS. Collect. Brit. Mus. 438 LIFE OF LORD CHANCELLOR HARDWICKE. But you will forgive me, if I wish the words in brackets, f 31, 32, struck out of the book. They convey no fact; and, since S"" Fr, Bacon struck them out of his letter, as conveying a low and indecent flattery to the King, as well as betraying a weakness of passion & resentment in him self, I think, that you have no more right to print them, than you would have if you could read the hearts of men, so as to be conscious of every roving thought or wayward gust of passion which crosses them involun tarily and by surprise. It is enough, if men don't act by them ; but to be subject to such starts of mind is matter of constitution, and part of the mechanism of human nature, & ought not to be exposed ; lest the reader should apply that to the character of the man, which never entered into his conduct. " You have the best heart in the world ; but your zeal for the illustration of history almost makes you transgress these laws, which in the case of me, or any other man now alive, you would hold most sacred. Now, though S"^ Fr. Bacon has been dead almost 140 years, yet I think his fame and his memory more recent, more living, and more bright, than when he was alive. His faults are cast in shade by the candour of posterity, and finer colours laid over his virtues, unsullied by envy and detraction, (those busy and malignant passions of contemporaries,) or even by his own weaknesses. " Besides the justice due, in morality, to the man, let me add, that what I am exacting from you, as an his torian, (or collector of historical monuments,) is due in discretion & common policy to the world. For, indeed, the foibles and vices of great men, celebrated for their parts & actions, too much exposed to view, only con firm and comfort the vulgar in the like conduct, without teaching to that vulgar the imitation of their virtues. LORD BACON AND SIR E. COKE. 439 " Give me leave to add that this reasoning is irre sistible where the person in question has himself checked the feelings, & cancelled the first expressions of his own intemperate passion. " Let me beg of you to reprint the leaf which con tains the passage objected to, & supply the gap, either by aster icks, or by a note, which the letter well deserves, as to the state of the King's revenue, then depending in Parhament, (or near that time,) for deliberation ; and which will probably give you an opportunity of vindicat ing Lord Salisbury ; whom S"" F"' B., with so much dignity, gravity, & decorum, calls a gieat subject, & a great servant, in another letter written to the King, immediately after the treasurer's death. " Forgive me, dear sir, & believe me, with " true affection, always yours, " C. Yorke. " To the Rev** D' Birch." "Mr. Yorke presents his compliments to Dr. Birch, & desires to know how he does "He acquaints the doctor, that at Holkham he found S"' Fr. Bacon's present book of the Novum Organum, entitled Instauratio Magna (Ed. Jo. Boll. 1620) to Sir Ed. Coke. " At the top of the title page, in Sir Ed. C.'s hand writing, " ' Edw. C. ex dono Auctoris, " ' Instaurare paras veterum documenta sophorum, Instaura leges Justitiamque prius.' " You know the book was pubhshed in 1620, a few months before the impeachment. " The verses not only reprove S"' Fr. B. for going out of his profession, but allude to his character as a pre- 440 LIFE OF j:.ORD CHANCELLOR HARDWICKE. rogative lawyer, & his corrupt administration of the Chancery, " Over the device of the ship passing between Her- cules's pillars are written two English verses, not so good as the Latin distich. These are also in the hand writing of S"' Edw. C. " ' It deserveth not to be read in schooles. But to be freighted in the ship of fooles.' " I think thatDu Bartas wrote a satyr on bad authors, in that age, called the Ship of Fools, The conceit refers to that book. Pray let me know whether my conjecture is right. Du Bartas died in 1591 . " C. Yorke. " Tuesday, Oct. 2, 1764."* One of Mr. Yorke's familiar letters to Dr. Birch, dated "Wimpole, Sunday, Oct. 13, 1764," runs thus, and shows their close intimacy at this time : — " A thousand thanks to you, my dear friend, for aU your goodness & kind attention to me this long vacation, in which I have given you much trouble. 'f A pretty exact idea of Mr. Yorke's rise and progress at the bar may be obtained by reference to that im portant and interesting document in the law-library of a successful advocate, — his " fee-book." From this it appears that his advancement was much more gradual than has been generally represented, and far more so than might be supposed to be the case with the son of a Chancellor, especially one who was so fully qualified for the performance of his duties, as Mr. Yorke was. During his first year at the bar he made only £121 ; during his second year, £201 ; during his third and fourth years, • Dr. Birch's MS, Col, Brit. Mus. f Hardwicke MSS,, Wimpole. MR. yorke's EXTENSIVE PRACTICE. 441 between £300 and £400 in each. In his fifth year he re ceived nearly £700 ; in his sixth, more than £800 ; in his seventh, nearly £ 1 ,000. In his ninth year his receipts were above £1,600 ; and in his tenth, nearly £2,500. In 1757, when he was Solicitor-General, he made more than £3,400 ; and the next year, above £5,000. His largest receipt in any one year, which was in 1763, was £7,322 8s. 6d., a very great sum, considering the dif ference between the value of money at that time and the present. Some notion, of the extent of Mr. Yorke's professional engagements, when he was at the height of his practice, may be formed from his correspondence with his friends at that time. In one letter written in July, 1765, to Archbishop Seeker, he says, — " This day I hoNe forty briefs to read for the Cockpit, both prize & plantation causes, some of which are of considerable difficulty ; & all, or the greater part, must be read in the course of the day or night. The hearing of them will begin to-morrow. I have likewise some briefs for chancery to-morrow, & shall have more during the course of the week."* And in another epistle to his brother. Lord Hard wicke, and dated Sunday morning, he begins, — "This day, tho' Sunday, shines no Sabbath day to me. I have such a load of causes at the Cockpit for two or three days to come, besides that the Chancery wiU not conclude tiU Thursday or Friday, that I have no time to write, "t Archbishop Seeker addressed the letter which follows * Hardwicke MSS., Wimpole, t Ibid. 442 LIFE. OF LORD CHANCELLOR HARDWICKE. to Mr. Charles Yorke, in relation, it is supposed, to the offer of returning to the Attorney- Generalship, which was pressed upon him in July, 1765, and respecting which the Archbishop was entrusted with a message from the King to him. The critical state of his health, even at this period, and the alarm which this occasionally caused to his friends, are here apparent. " Good Mr. Yorke,* — Your letter frights me. For God's sake put this whole matter as totally, if possible, out of your mind, as if it did not exist. I will write immediately to Lord Rockingham to beg, in the strongest terms, that you may be pressed no further by any one till after Thursday. And I will enclose to him your letter, which is far stronger a letter than any thing I can say ; & must have the effect which you wish it. If I were not sure of that, I would not take the liberty of sending it. Therefore, dear Mr. Yorke, be composed, & sleep quietly to night, & think of nothing but your causes, & not too much of them ; & forgive it, if you have been urged too earnestly by " Your most faithful servant, " Tho. Cant. "Lambeth, Sunday evening, past seven," The best specimen which we possess of the oratorical power of Mr. Charles Yorke is his reply, already quoted, f to the defence of Earl Ferrers, which was at once a very eloquent and able performance. It is a singular coin cidence, that the principal occasion on which his father distinguished himself as an orator was his reply, as Solicitor-General, to the defence of a state criminal, at the trial of Mr. Layer. Mr. C. Yorke, on the death of his father, succeeded * Hardwicke MSS,, Wimpole. f Vide ante, p. 204. OFFERS TO CHARLES YORKE, 443 him as Recorder of Dover. During the latter part of his parliamentary career, Mr. Yorke was returned to Parliament as one of the representatives for the Univer sity of Cambridge. He had previously sat for Reigate. An amusing anecdote is told of him on one occa sion, illustrative of the humorous turn of Mr. Yorke. When the Cambridge election was over, he went round the Senate to thank those who had voted for him. Among their number, was one gentleman who was pro verbial for having the largest and most hideous face that ever was seen. Mr. Yorke, in thanking him, said, " Sir, I have great reason to be thankful to my friends in general ; but confess myself under a particular obligation to you, for the very remarkable countenance you have shown me upon this occasion." The following is from the Diary of the second Earl of Hardwicke, relating to family events, and already ex tracted from in this chapter : — " In the winter of 1764 & 5, my brother had an offer from Mr. Grenville of the Rolls, vacant by Su- T. Clarke's death ; & afterwards of the Attorney-General's office, as Sir Fletcher Norton was willing to be removed to the RoUs. The negotiation broke off, after some conferences between Mr. Yorke & Mr. Grenville, then the first minister. As weU as I remember, they differed upon the manner of deciding the question about general warrants, which was to come before Parliament, about relinquishing the Crown prosecutions in the affair of Wilkes ; &, if I mistake not, there was some difficulty ab* Lord Sandwich giving up his pretensions to the High Stewardship. However, the Com-t was then very de sirous to bestow some compliment on my brother, & he was rather wilhng to be obliged. The negotiation ended 444 LIFE OF LORD CHANCELLOR HARDWICKE. in his taking a patent of precedence. The world at large, & many of his friends, blamed his accepting it, as below his figure & consideration ; but he alledged in his defence that it binds him to nothing, he was as independ^ ent as before, & that it was highly convenient to him in his practice to have rank within the bar. He spoke pretty often that session in the House of Commons, not unfrequently on the side of government, particularly on the American Stamp Act & on the Regency Bill By this time Lord Bute had set on foot an intrigue to overturn the ministry, of which there were some symp toms even while the transaction with my brother was depending ; for I well remember, that in a conversation he had with that lord, the latter blamed the ministry for not taking him on his own terms, & wished he had accepted without atiy, saying, ' What might not the King & his Attorney-General do?' And His Majesty himself, when he had an audience ab* the patent, said emphatically, ' that he hoped he would be his friend,' even in distinction to or unconnected with his ministry. " The negotiation between the King & Duke of Cum berland, for a change in the ministry, was begun just before the Newmarket Meeting at Easter, 1 765. I do not know that his R. H. & Lord Bute had any direct intercourse, but I have been told, on good authority-, that the Duke of Northumberland carried messages bet" them. Whilst the Regency BiU was in the House of Lords, the clause ab* naming the King's brothers was concerted with the Duke of Cumberiand, unknown to the ministry, till the King sent it to them. They, to return the compliment, framed the clause for omitting the Princess Dowager, & procured the King's consent to it. This raised a storm in the interior of the palaces, & PROMISE OF CHANCELLORSHIP TO CHARLES YORKE. 445 the result of it, after many intrigues & jarrings, was the overthrow of that administration. " I have set down, in a paper apart, the circumstances of the offers then made to our family, & how they ended in my declining what was proposed to me, & my brother's accepting what was so earnestly pressed upon him. But it cannot be sufficiently repeated, that he resumed the office of Attorney- General on an express promise fi-om the King's own mouth, that he should be Lord Chan cellor by the end of next session ; & when my brother begged of His Majesty (as decency & duty required) that he would not engage himself so far, the King rephed, 'I wiU pledge myself to you.' The King likewise, previous to this conference, wrote a letter to Lord Egmont, to be shown my brother, in which he entered into the same kind of engagement ; but the letter itself I never saw, nor had Mr. Y. a copy of it. Certain it is, that his friends had it in their power at that juncture to have made him Chancellor, as Lord Northington was generally disliked ; but they wanted his assistance in the House of Commons, where they had no able speaker in the law line. I sho'' here take notice that Mr. John Yorke was restored to the Board of Trade, & soon after had a seat at the Admiralty, in both instances without his asking, & with circumstances of personal attention to him."* Mr. Charles Yorke has left a journal, in which he re cords all that took place between His Majesty and himself, during the conference in question ; which was held on the 4th of July, 1765, and in which he states as foUows : — " After Comp*' to the memory of my father, to the • Hardwicke MSS., Wimpole. 446 LIFE OF LORD CHANCELLOR HARDWICKE. present Lord H., to the whole family, & to myself, he said, that he was desirous to talk upon his affairs, had many things to say, which he would say to nobody else. Difficulties to settle a proper administration. Some among his late servants he had liked, not others ; had given him causes of complaint. They had jealousies of his intention in the Regency Bill — that bill proceeded originally fi-om himself. Ministers too jealous, & behaved ill to him in the course of it. He had mentioned it first to the D. of Cum. ; D. of C. rather against it — ^hurt at not being named as in the former bill — desirous to live well with his family, his brothers, as well as the Duke of C. From this conversation had arisen others — D. had desired to see K. before he died — D. recommended in those visits to make up with his grandfather's old friends & servants. Ministers jealous of these visits — con nected more together, to form a party in the Court. The K. complained of George Grenville in particular, for going into that party. Instance of L* Weymouth's appoint ment to Ireland, where the D. of Bedford insisted, & G. G. would not remonstrate, as the King desired ; upon this thought it right to adopt some other persons — for that purpose proposed an adjournment — sent for his Royal Highness the Duke. He advised talking to Pitt, & proposed to go to Hayes himself The King doubted how that would end. D. went — it ended as expected. The K. asked him what next. Would the D. of Newcastle & his fi-iend assist ? D. thought not — advised making up w* the last ministers — sent the Chancellor to them — told thera he had been displeased, but found himself obliged to desire them to stay. They considered of it — insisted upon new terms. Dismission of Mackenzie, & that Lord W. should go to Ireland. Told them his situation, as to Mackenzie; distinguished between his office & the Scotch CHARLES yorke's CONFERENCE WITH THE KING. 447 correspondence — was ready to take away the last, but desired them not to make him break his word — spoke to them with vehemence, & gave them two days to consider it — they returned, & insisted. The King told them they must take the consequence. Then came the Duke of Bed ford & read a paper, sort of declaration for the King to make. The D. of B. complained that the K. had with drawn his countenance from them : desired His Majesty therefore to declare, that he would not only give them his confidence, but his favour & countenance ; & to de clare that he would not consult L'* Bute, either as to persons or employments. The King said he was dis pleased, and could not dissemble. As to L'^ B. that he was much hurt, with his being told of consulting him. That he was not only willing to declare for the future, but he would go further, & declare the hke for the past, ever since he had told them so before. Sent again for the Duke, asked his advice. His Royal Highness did not know what to advise — had done his best before with Pitt. His Majesty very averse. Gave reasons, but yielded at last. In the first audience, Pitt talked only of affairs, with great professions. The 2nd time he said something of persons, but proposed no removals ; spoke harshly of nobody. Recommended Ch. J. Pratt for Peerage, & the Cabinet : Lord Temple for the Treasury, as the sijie qua non of his acceptance. Pitt endeavoured to sound His Majesty as to future disposition of Great Seal. The King desired to be excused answering that question. Did not faU upon Lord M d,* which had surprised His Majesty. Said Sir F. Norton was an able man, could not answer for Lord Temple, wished his Majesty to speak to him. The K. consented, felt a great reluctance. L** Temple came, nervous & trembling, made fine speeches, * Mansfield. 448 LIFE OF LORD CHANCELLOR HARDWICKE. happy to approach him once more, that he had many reasons of the most delicate & tender nature against accepting Treasury, or any other office ; excused himself from entering into them, wished his Majesty all happiness, but was afraid that he forsaw more misfortunes in His Majesty's reign than in any former period of history. Pitt came next day, & L'^ Temple having refused, thought himself obliged to decline, professed to be much satisfied with the K.'s good intentions and declarations. So, added the King, we parted very civilly. The King sent for theD. of Cumberland again, proposed to resort tothe D. of Newcastle again. There was a meeting at Clare mont, on Friday following ; it was determined to decline. Another meeting was had on Sunday, to the number of near twenty. The D. of Newcastle asked their opi nions seriatim, all but three or four were for accepting. His Majesty expressed his wonder at the D. of N.'s asking their opinions in that manner ; that he ought to have led their opinions. The K. observed upon the D. of N.'s listening too much to the younger people, their passions and disgusts. Wondered at the D. of N.'s fi-iends look ing so much towards Hayes, as to things and persons, after Pitt declined. These gentlemen having accepted, he had ordered his Royal Highness to send for him, Mr. Yorke. That he knew his weight in the profession, & in the House of Commons. That he had acted honestly upon principles of his governm* & with great personal honour to his friends, who had not behaved so well to hira. His Majesty thought, however, that if he came back to his service, the best method of doing it was with thera. That he must have his services. Asked no conditions as to his conduct ; / know you will do right ; don't mean to bind you, as to your opinions. Wished to give him the Great Seal, & determined to do it ; had intended it ever since REPETITION OF PROMISE OF GREAT SEAL, 449 he came to the Crown. The profession & the public called for it, wished to have done it now; it would deliver C. Y. from many difficulties ; would have made Lord North Pres. of Council, as the D. of N. would not take it ; wondered at Lord Winch ^ accepting that office, at his time of life. The King declared that he was resolved to give him the Great Seal in less than a twelvemonth {every thing on this subject said with earnestness). Spoke of Pratt as unfit for it, & not thought in the same light for it. Mentioned stories he had heard of Pratt's de ference to his opinions, when in office together. Wanted to know whether he had heard from Lord Hardwicke. Integrity & abilities of family in general. Desirous he should take some great employment. Board of Trade & Cabinet. Mr. John not to return to the same board — Dean* a Bishop. " C. Y.'s answers in general were to the same effect as to the D. of Cumberland, only much fuller as to the consequences of such frequent changes in administration, and state of the House of Commons. The first thing was, that His Majesty would be continually throwing away the boons & graces of the Crown, without the least utility to himself. The second consequence was, that it tended to expose all the secrets of the government ; for that persons dismissed turned their official knowledge into fuel for opposition, which weakened his service, & made it impracticable. The third was, that such frequent changes made every man oppose, & think himself fit for everything ; whereas, when men of real abUity were em ployed, they would gain authority with time & experience, which would strengthen His Majesty's hands, & make other men grow modest. The last was, that con-upt as the times were, & as much inclined as members of Par- • James Yorke. i VOL. III. G G 450 LIFE OF LORD CHANCELLOR HARDWICKE. liament were to follow the service of the Crown, yet I feared that they would grow weary of an unsettled state of administration, & be at last ashamed of being deh vered over from hand to hand, which might draw danger and dishonour to the King. This idea I illustrated by an expression which once dropt from Mr. Pitt in the House of Commons, in debate upon the German war, when he said, that ' he had borrowed a majority to carry on his measures,' C. Y. spoke well of George Gren ville, recommended Dr. Hay to the King's protection, & told his story at large. Upon the K.'s mentioning S' C. Pratt's having been in office with him, C. Y. said, that Pratt had some obligation to his father — some to him. That he had given him more assistance in office than had ever been done by a Solicitor to an Attorney- General, particularly in reports of difficulty ; did justice to him, as not being jealous in that respect, & very fair in receiving information & conviction, except upon occa sions where some other reason for his difference of opi nion appeared. K. said, he believed they would remove Norton : they did not like him, & he was unpopular. C. Y. gave several reasons against removing him, re specting the King, Westminster Hall, & himself; & assured His Majesty, that his conduct would be the same in or out of office, & hoped that no prejudice would be done to any man upon his account. The K. wished him to advise, & to interpose to prevent their requiring the dismission of some persons who belonged to His Majesty, or his father, the late Prince of Wales, & whose depend ence was only on their places ; & to recommend tempe rate measures. " In the course of the conversation, the K. complained strongly in general terms of the little business done. No foreign system. The colonies and new conquests CONFERENCE WITH THE DUKE OF CUMBERLAND, 451 neglected. A great scene. In the conversation, K. said emphatically, that he had told his ministers he was of his (C. Y.'s) opinion about the conduct of the affair of gene- , ral warrants in the House of Commons. " Friday, July 5th, — D, of Cum b, " The D. of C, came from dinner with company. C, Y. reported Lord H.'s answer. His royal highness hoped it was nothing but health. Was there any thing else he could like better? Wou"! Mr. J. Y. return to the Board of Trade ? That is in the King's hands, & in your Royal Highness's. Shortly touched my audience of the K . , which I represented as held to a member of the House of Commons ; but referred him to the K. His Royal Highness, a little impatient at my saying any thing of it. Duke of Cumb. said that Sir Fletcher Norton must go out—unpopular — not fit to be there. He raust go, whether I took the office or not. I said that I had told the King I was very unwilling to go there. No object to me ; that it was my opinion Westminster HaU should be left as it was ; or that whatever was done, should be done without marks of disgrace, & some degree of satisfaction. He answered short. You don't think anybody will ask compensation for Sir Fletcher Norton ? ' Sir, I know how difficult that is, but there are ways of giving satisfaction. I hope your R. H. will leave it to the K.' If you don't take that office, somebody else must. ' Sir, your Royal Highness will excuse me, I can't suffer an Attorney- General to go over my head, & stay in Westminster HaU.' Well, if you don't hke the office, will you take pre-audience of the bar ? Every body wishes to show you respect, ' Sir, there are many things in it, I hope your R. H. will have the goodness to feel for me, & leave it to the King.' When I said I had talked to the K. of a concUiating & comprehensive G G 2 452 LIFE OF LORD CHANCELLOR HARDWICKE. plan, he said, ' I hope the K. told you, that a beginning must be made.' I said, the King had held that language. He wished I would consider it. I concluded, that I saw I broke in upon his time ; & if he had any commands for me, that I should think it an honour to attend him at his leisure. " On Sunday 7*'' I was at court. The K. more civU to me than to anybody in the drawing-room. When it was over. Lord Egmont said he must speak to me, by His Majesty's order, about Sir Fletcher Norton & D' Hay ; that the King wished to know exactly what I had said. The King was under difficulties. Half-past three I waited on Lord Egmont. Repeated what I had said. Received, next morning, letter dated July 7*. I observed, that it proposed a bargain before vacancy ; a proposition inconsistent with my opinion & declarations. In that evening I saw the Marquis of Rockingham. Talked strongly in the stile of ' Leave Westminster Hall as it is,' &c. I thought I had convinced, but found, in few days, that I had only silenced. Debate with myself " Tuesday g**". Writ to Lord E. a note for the K. Saw him afterwards ; told him I thought I had con vinced the Marquis of Rockingham to leave things as they were. Was earnest on the subject ; had writ two notes, the first of which laid great stress on doing nothing at court which might reflect on what had passed in the affair of Wilkes. This for the King's honor. When I saw Lord E., I told him that letter was my opinion. He seemed disturbed with it, but would report it to the King. At night saw the Duke of Newcastle. Vehement with him on the subject. Desired him tO weigh & act by it. Said he would weigh, but was not sure he could act by it. Next morning he sent Jones to me, to tell me that the D. of Cumb. & all of them, had a great ARCHBISHOP SECKER AND CHARLES YORKE. 453 kindness for me, & wished I would see his Royal High ness again : that it was impossible to do any thing in the case of Sir F. Norton, or Dr. Hay. Next day (July 11), called upon him, complimented him on his return to the King's Counsel & office of Privy Seal. At two o'clock he sent me a letter. I writ no answer. Rec'^ a pressing message from Abp. of Canterbury, to talk with me. Saw his Grace on Friday. He was very earnest with me to return to the office of Attorney- General.* K. had talked with his Grace, as also the Dukes of Grafton, Newcastle, & Marquis of Rockingham, that I must go to the Great Seal. That he would not have me disgust my friends, & party, & the K. That the public /za^e^ Norton, wished me back again — an office of great consequence, &c. &c. That I ought not to consider the faults of one man or another — the court or the opposition. Answer able only for my own conduct, & that it would not turn upon me, whether the vacancy was made or not. That he was sure my father would have been of this opinion, &c. On Monday, July 15*'', Lord Camden was presented to the King, for his peerage. The Archbishop came to me at the Cockpit, by the K.'s order, to acquaint me with it, to say that it interfered with nothing which had passed between the King & me. That the Duke of Cumberland had writ a letter to the Duke of Newcastle, to this effect. That his Majesty spoke with the greatest kindness of my talents & probity. That he expected they would have differently destined J°° Y. That the King would take care of Dr. Hay, I treated all this coldly & superficially. The King desired to see my letter to his Grace, written on Sunday, July \Ath, which he read twice. On Fri day, July \2th, saw Mr, George Grenville, on a dismis sion visit, & was unexpectedly let in. Had a long conversation. His general discourse calmer, & in a lower * Vide ante, p. 442. 454 LIFE OF LORD CHANCELLOR HARDWICKE. tone than formerly, as if surprized that the new plan had so much as taken a beginning. I gave him some account of my audiences of the Duke of Cumb. & the King. He took it kindly, & seemed affected with what I told him of the character in which I had spoke of him self. Went thro' many things he had touched before, of state of the court, invisible influence, & rested on this, — that we must all concur in not imputing these things to the person of the King, That if my situation, which was great, gi*ew still greater, he was sure I should suit it. I said I should be glad to do good ; saw connections broke, friendships violated, parties melted down, & that confii sion in persons must produce disorder in the times. He said every day would produce difficulties in the colonies, & with foreign powers ; that nobody could do good. He was afraid that the King had been taught that divi sion was the art of government. I said divide 8^ impera was a dangerous maxim. He replied, that it might end in, unite 8^ be governed, I touched on the business of Sir Fletcher Norton & what I had said upon it, but thought it was resolved to dismiss him ; and spoke of the D. of C.'s alternative — pre-audience, or the office. He was of opinion for the office, as taking some part. We left one another on very friendly terms. " Saturday, 20th. Grub, clerk of patents, came from Sir F. Norton, to acquaint me that he was dis missed, & had ordered Grub to wait on me as Attorney- General. Told him I knew nothing of it, nor knew who would be Attorney- General, Had intended to visit Sir F. Norton that morning, but could not now without notice. CaUed on the Solicitor- General ; talked over the subject with him. "Monday 22nd. Saw Sir F. Norton in the evening. He complained ; laid his point : first, that the beginning of his misfortune was my resigning. 2ndly, Not return- MARQUIS OF ROCKINGHAM AND CHARLES YORKE. 455 ing to the office when he was willing to take the Rolls. To the^V*^, I answered, that the misfortune was equally mine ; & the causes, personal honor. To the 2nd, that he had never communicated with me. It was his own affair. He had his compensation, & the ministers & I could not agree. He spoke of the King's engagement to protect him ; found he had not offended the King, who was sorry for him, & that he received a very handsome mes sage from Mr. Pitt. I did not doubt of either ; and said these things were vitia temporum non hominum, & we were involved in consequences where we were not responsible for causes ; that I had resisted his dismission. " He said my opinion had been little respected, which he wondered at, in my own line especially, as nobody else was fit for the office. That he could not but believe what I said, because I said it ; but had heard that, the very night he was dismissed, letters came directed to me from the Secretary of State as Attorney-General. I told him that it was absurd & false. N.B. Lord Egmont saw him that very morning at my desire, & explained to him the part which I had acted. "Within a few days, I saw the Marquis of Rocking ham. Explained my dissatisfaction at Sir F. Norton's removal, repeating my reasons. Difficulties laid on me. In another visit, matters depending in the office, & what raight be expected from me in Parliament, of which I dictated a note. Explained like matters to the Duke of Newcastle, & desired it might be mentioned to nobody but the Duke of Cumberland & Marquis of Rockingham. In a subsequent visit, I was very full with the D. of New. on these heads : — " 1st. Disagreeable to go back to office resigned— no object. " 2ndly. On dismission contrary to opinion & wishes. " 3rdly. A new precedent in Parliam* & in Westm'' 456 LIFE OF LORD CHANCELLOR HARDWICKE. Hall. No such thing since Revolution, under the same circumstances. " 4thly. Official business. Actions & damages, Almon, Wilkes's outlawry, I said that, abstracted from persons & things, was it fit that the outlawry should be reversed at this time ? that after some years, & more foreign air, it might be matter of the King's clemency, but just now, it was giving up the whole of his honour. If reversed, & he attempted to come into Parliam*, he must be expelled. D. of Newcastle said it was very weighty, & ought to be considered, but that he had nothing to do nor to say. Younger people governed. / told him, if that was so, the less safety I saw, & the more I should insist on my opi nions. That his Grace mistook if he fancied that people would not lay the whole upon him ; that if it failed, he would lose reputation at home & abroad, & that his plan of restitution would not stand half an hour ; that nothing could make it kind & friendly to those whom he restored, but stability ; that this depended on not driving able men, who cou^ honourably stay in the King's service, into op position ; & forming some plan of measures which would do his business without compelling the House of Com mons to undo things w^ii they had done. " On the same day, I went thro' the same matters shortly, to the Marq. of Rockingham. He expressed his impatience for my return to the office. That he wou'^ lay it before the King. And when I said the King ought not to make an Attorney- Gen' like a groom of his bed chamber, but thro' the Great Seal, he said, that the King would send to Lord Chancellor, & order my attendance thro him,, 8^0, " On Sunday, July 28th, I saw L* Lyttelton. Much conversation; material points were: 1st. That Pitt 8^ Lord Temple were disunited, but that they might come together into ofiice. 2ndly, Pitt's inclination to come to ILL-TREATMENT OF MR. YORKE. 457 the head of this new ministry, & most certainly rather to these families, & this party, than to the D. of Bedf* & Geo. Grenville. 3rdly. That he was of opinion, if I stood under no personal engagements to the D. of Bedf & Geo. Grenville, that it was much better to return to the office of Attorney- Gen', & be found there. That the hour of my espousing Dr. Hay so warmly, for Judge of the Prerogative, Mr. Pitt spoke of L'' C. J. Pratt & me with equal regard, & leaving the decision to the King, saying at the same time, it was easy to see where that would fall."* The following is extracted, in continuation, from the journal of the second Earl of Hardwicke : — " In the narrative above cited, I have given an ac count of the conduct of the Rockingham administration, & how an end was put to it in July, 1766, by another court intrigue, conducted by that worthy statesman L"* Northington, who gained immensely by the jobb. One of the principal terms insisted upon by L'' Chatham was, that his favourite, L'' Campden, shou'' have the Seals, & that being agreed to, & no compensation or equivalent proposed to my brother, he thought himself in honour obliged to resign the office of Attorney- General. Lord Chatham endeavoured to divert him from his purpose, in a smooth & flattering conversa tion, at Hampstead, urging the service he could do, & the weight he carried in the House of Commons. When Mr. Yorke had his audience of the King, he com plained of the force put upon him, & seemed concerned at his resignation, but made no proposal, except one, in a dry way, ' There is the Common Pleas for you.' 'Surely, Sir,' said my brother, ' your Majesty wiU not wish me to • Hardwicke MSS., Wimpole. 458 LIFE OF LORD CHANCELLOR HARDWICKE. take it in a manner different from that in which Lord Campden has enjoyed it?" meaning without a peerage; to which the King made no answer ; nor do I think the matter was pressed so far as it might have been. Cer tain it is, that such a distinction with the Common Pleas wou'' have made Mr. Yorke happy, that he wou'' have accepted it with thankfulness, & that it would have been a political as well as an honourable measure in the King to have granted it. In consequence of this ill usage of Mr. Y., Mr. J. Yorke, very disinterestedly, & quite sponta neously, gave up his seat at the Admiralty, desiring his chief, Lord Egmont, to carry in his resignation, which he did, & resigned at the same time himself, tho' from different motives. I must, however, do this noble lord the justice to say, that he always blamed most highly the conduct towards my brother, & avowed every part of the message with which he had been sent to him by the King. Lord Breadalbane, who had unluckily accepted Mackenzie's Scotch place when it was offered him by Lord Rockingham, was immediately dismissed, without any consideration or assurance of future favour. So when this great change was effected, every friend and relation we had of consequence (Sir Joseph excepted) being out, we were of course considered as disobliged men & thrown into the ranks of opposition. I pressed Mr. Y. often to have exposed the behaviour of the court towards him, & to have taken a warmer part on some occasions in Parliament ; but he always hung back as to personalities & political appeals to the public, & I thought no other methods cou'' make an impression on the unfeeling & the ungrateful. He did however, in the session of 1767, speak several times with weight against the enquiry into the affairs of the East India Company, which he thought subversive of their charter, & intended to throw their wealth & power EXTRAORDINARY STATE OF PARTIES. 459 entirely into the hands of the Crown, entirely to serve court purposes. During that winter & the following spring, I mixed with Lord Rockingham's party. Some of his friends, disgusted at Lord Chatham's arrogance, viz., Duke of Portland, Lord Besborough, Sir Charles Saunders, &c., resigned their posts just before the ses sion, &, together with the Duke of Newcastle's few re maining followers, formed a sort of connected opposition. They were seconded by the ill-humour of the Bedford party, whose demands Lord Chatham had not complied with, & tho' he had made them overtures, & by the in trigues of that unsteady but artful politician, Mr. Charles Townshend. In the House of Commons the ministry had a considerable ascendant, but in the Lords the divi sions were run very near. By the end of the session, the Duke of Grafton seemed so dissatisfied with the rest of his colleagues, & the state of the administration, that, in July, 1767, (just in the same month, & pretty nearly in the same week that the change was made the preceding year,) he was making overtures to Lord Rockingham for an alteration. How far they were real & sincere I will not pretend to determine ; certain it is, that the King was not in earnest for a change ; that he never expressly owned his having authorized the Duke of Grafton to offer Lord Rockingham the Treasury, & that the footing upon which the negociation was first put, that of an ad ministration to comprehend everybody, might as easily be settled in this country as the longitude. " I shall not here recapitulate all that passed in this short-lived negotiation ; Lord Rockingham favoured me with a long letter on the subject, & I was in town part of the time myself, but a very troublesome indisposition obliged me to go back abruptly into the country. I have always thought that Lord Rockingham managed it ill ; 460 LIFE OF LORD CHANCELLOR HARDWICKE. he differed with the Bedfords for the sake of Mr. Conway, who adhered finally to the subsisting administration ; and he never came close enough to the point with the Duke of Grafton to have seen what he cou '' make of that. I am far from saying it would have done, but the Duke certainly offered to treat with him after the Duke of Bedford had refused to concur in setting down Mr. Con way for Secretary of State. "Mr. Yorke was certainly neglected on the conduct of this awkward treaty ; for, after I was gone, he was not invited by Lord Rockingham to assist at the conferences with the Bedfords at Newcastle House. I once mentioned it to Lord R., & he cou'' assign no good reason for not sending to him. As things were conducted, it was very immaterial ; but the source of it lay in 1/ Rockingham's particular confidents, who were jealous of Mr. Yorke's influence. " Lord Chatham, from his lingering indisposition, being considered as hors de combat, & not likely to appear any more, the Duke of Grafton thought fit to strengthen himself, in January, 1 768, by taking in the whole Bedford party, who quitted their connections with Mr. Grenville & L'' Rockingham very readily & cheerfully for the loaves & the fishes which a first minister has it in his power to distribute. " It cannot be denied but the minister gained a con siderable degree of additional strength, both in & out of Parliament, by this connection, (vulgarly & not impro perly christened by the name of the Bloomsbury Gang.) The opponents made no considerable figure that session, except in the House of Commons on a debate on bring ing in the Nullum Tempus Bill, wherein Mr. Y. dis tinguished himself very much. I spoke in the House of Lords against the biU for limiting the dividend by Act of MR. YORKES CONDUCT IN PARLIAMENT. 461 Parliament, but did not concur in a protest which 1 thought too violent. " When the elections for a new Parliament came on in the spring of 1768, Mr. Y. preferred a quiet election for the University of Cambridge to one for the county, which as parties then stood might have been attended with trouble. " The Duke of Newcastle gave him his interest in the University very readily, & he had a very good personal one, which he had been fond of cultivating there, pre ferably to any other place. The government acquiesced in Sir Joseph Yorke's being re-chosen for Dover, & Mr. J. Yorke came in for Ryegate on a family interest, so we were all prepared to take our fortune in the contest & squabbles of a new Parliament. " Lord Chatham, who was thought sunk in a lethargy, aroused himself towards the end of autumn upon the resolution taken to dismiss his friend Shelburne, & re- ; signed the Privy Seal . It was reported at the time that he was displeased with Lord Campden for not resigning too, & that the latter was diverted from it by strong flattery on the King's part. How true this is I know not, but Mr. Y. told me that Lord Northington had said at Bath, that if the Chancellor had then quitted, the King wou'' have remembered his engagement to him. My brother gave himself no trouble on this or any other occasion, to get at the bottom of such reports, nor did he encourage any zeal on the part of his friends. •tF -?F -jF ^ w "ff " It happened very unluckily for Mr. Yorke, that before the sitting down of the new Parliament, the whole atten tion of government, as well as opposition, was engaged in Wilkes's business. My brother had always a strong dishke to his cause & character, had filed the first in- 462 LIFE OF LORD CHANCELLOR HARDWICKE, formation for the famous No. 45, as Attorney-General, & spoke with remarkable zeal & spirit at Guildhall, on the actions brought by the journeymen printers against the King's messengers. He took warm part in both the Middlesex elections in favour of S'' William Beauchamp, who was his relation by marriage, & all the ill usage he had received from the court, could not induce him to support one of the many opposition points which arose out of this complicated subject. "He did not attend any of the long debates which preceded Wilkes's expulsion in consequence of his Intro duction to Lord Weymouth's Letter, & I think spoke but twice in that session, first about the Cumberland election, in which his client, the Duke of Portland's interest was concerned, & in support of the Nullum Tempus Bill which the court in vain attempted to throw out. When the question arose towards the close of this session about the poiver of the House of Commons to disqualify, he wou'' never give his opinion upon it in public, tho' to a few friends in private if he was asked, he declared himself strongly for the power. After the House of Commons had voted in Colonel Luttrell, the question of right was taken up again on a petition of some Middlesex electors, & as I foresaw it was likely to become a very serious matter, I pressed him most earnestly one morning, when he called upon me in S' James's Square, to go down to the house & give his full opinion in the cause. I thought it incumbent on him both as a lawyer & a Member of Parliament, & I thought he might do it without being suspected of any intention to compliment the court. There was not then the least prospect of Lord Camden's removal, & it was basely whispered abroad that his opinion went the other way. Lord Chatham's indeed was more publickly known. How- RENEWED PROSPECT OF THE CHANCELLORSHIP. 463 ever, most unfortunately, all my instances, (& I never used stroiiger to him,) did not prevail, & he was in flexible in not attending the house.* I spoke to him at the same time upon his previous reserve to us, & the rather as Mr. John Yorke had, without knowing his sentiments, much less his reasons, (of which he was often too incommunicative,) gone to the house & voted with the minority. He seemed not to dislike that, at the same time that he cou'' not himself take that side of the question, but was really of the contrary. In short, I never was so much dissatisfied with any conversation in my life, & was very apprehensive that his conduct wou^ become more embarrassed & uncertain, & that he would end in pleasing nobody, not even himself. " After the session was over, & the summer advanced, meetings for petitioning the crown to dissolve the Parlia ment took place in some counties, as Surrey & Middle sex, & were advertised for more, as Yorkshire, & Bucking hamshire, & there was no doubt of their being carried. My brother & his family made me a visit as usual at Wrest, in the long vacation, (alas ! for the last time,) & then he much disapproved of their proceedings, & told me that he had given his opinion in the same stile to the Marquis of Rockingham. He said amongst other things, with more emphasis than he usually did, that if the King was prevailed with to dissolve the Parliam* on this point, he cou'' never recover the least degree of authority for his whole reign. He related to me at the same time a con versation with Dr. Hay, in which the latter had plainly told him, that from his conversations with persons in power, he was sure Lord Camden wou'' not keep the seals ; that they wou'' be obliged to remove him ; that there was • "Lord Temple told me in the Summer of 1770 — you gave very good council for himself, though very bad for us." 464 LIFE OF LORD CHANCELLOR HARDWICKE. no disposition at court to send for Lord Chatham, (who by the way had been at the levee, & in the closet, that summer), & in short, that my brother should prepare himself for an offer of the Great Seal, " We talked the matter over backwards & forwards, & I must own my opinion then inchned for his accepting it; & I remember I concluded with telling him, that if he had a mind to be Chancellor, he must not expect it cou'' come to him in any agreeable mode ; he must take it, as the times wou^ give it. I should not have said this if his coming in would have laid any necessity upon him, of acting against his real opinion or breaking any engage ment. I heartily wished I had stuck firm to this text, & never entered into speculative comments upon it. And it has confirmed me in an opinion, that people of tolerable understanding judge better when left to them selves, than when confounded by the various opinions of friends, where the point is at all delicate. " The vacation past over, & law business and term began without any thing more being said to my brother. Lord Camden continued to sit in Chancery after his return from Bath, but there were confused reports, that he would not long be permitted to hold his office : it was even said that he had been heard to wish they would turn him out. " Not many days before Christmas, I had a private dinner at my own house with Mr. Yorke & my brother John, on purpose that we might agree upon some plan of conduct. Mr. Y. seemed more irresolute than ever, &, notwithstanding all we cou^ urge, was determined not to be at the house the first day, tho' it was said that some debate of consequence would arise. As well as I can re collect, Mr. John Yorke & myself were clear in two points, that it would be unbecoming not to attend, & DISMISSAL OF LORD CAMDEN. 465 that he ought long ago to have explained himself to Lord Rockingham, that the world might not have run away with the idea that he particularly belonged to that connection. I believe we differed in opinion, whether, rebus sic stantibus, it would be expedient for Mr. Y. to accept the Great Seal. The meeting broke up without Mr. Yorke's coming to any clear decision, & when I pressed him to give his opinion in the house upon the disqualification question, he used these memorable, tho' unhappy words : ' I can not do it ; because, if I go with the court, they will betray me, or give me up as they did before, & if with the op position, it will be against my convictions.' Mr. Yorke went to Tittenhanger three days before the Parliament began ; he stayed over the first day, & on his return met with the Duke of Grafton's note which opened that future treaty."* In the commencement of the year 1770 a rupture occurred between the ministry of the Duke of Grafton and the Chancellor, Lord Camden, late Lord Chief Justice Pratt, which ended in the abrupt dismissal of the Chancellor from his office. The subsequent proceedings arising out of this event, and the melancholy termination of them, are described in the two following letters from Mr. Horace Walpole to Sir Horace Mann. Horace Walpole says to Sir Horace Mann : — f "Jan, 18, 1770. "The most imprudent step has been the dismission of the Chan cellor, and that before any preparation was made for a successor. The seals were indeed privately offered to Lord Mansfield, who refused them, but pubhshed the offer ; and then to Mr, Yorke : but the Chan cellor heard the news by common report, before he had received the least notification of his disgrace. Though I believe he did not intend • Hardwicke MSS., Wimpole. t Walpole's Letters to Sir H, Mann, VOL. III. H H 460 LIFE OF LORD CHANCELLOR HARDWICKE. to remain in office, these slights will not have soothed him. They have hurried on too the resignation of Lord Granby, who yesterday gave up the command of the army and the ordnance, only reserving his regiment of Blues. " You may imagine how these events have raised the spirits and animosity of the opposition ; but the greatest blow is yet to come. Mr. Yorke, the night before last, absolutely declined the seals, though the great object of his life and of his variations ; but terror and Lord Rock ingham pulled more forcibly the other way. There is nobody else ; the Chief Justice Wilmot's health will not allow him to take them, and the Attorney-General cannot be spared from the House of Commons, where it is supposed Dunning, the Solicitor-General, will follow his friend the Chancellor, especially as he spoke on the same side the first day. When the seals go a begging, and the army is abandoned by the popular general, you will not think the circumstances of administration very flourishing. Well ! you will not be more astonished than I was yesterday, at four o'clock, to hear that Mr. Yorke had just accepted and is Chancellor. The rage of the opposition speaks the importance of this acquisition to the court. It will be great indeed if it stops the tide of resignations." In another letter, from the same to the same, it is mentioned : — "Arlington Street, Monday, Jan. 22, 1770.* " What a strange event ! Though my letters tread on each other's heels, they can scarce keep up with the rapid motion of the times. Mr. Yorke is dead! — yes, the new Chancellor ! He kissed the King's hand for the Great Seal on Wednesday night, and expired between five and six on Saturday evening. It was Semeie perishing by the light nings she had longed for. When you have recovered your surprise, you will want to know the circumstances. I believe the following are nearly the truth. To be second Chancellor in succession in his own house had been the great object of Mr. Yorke's life, and his family were not less eager for it. This point had occasioned much uncertainty in their conduct. In general, they were attached to Lord Rockingham ; but being decent, and naturally legal, they had given into none of the violences of their party, particularly on the petitions ; all the brothers absenting themselves on the first day of the session. When the Great Seal, on the intended dismission of Lord Camden, was off'ered to Mr. Yorke, his connections and dread of abuse weighed so strongly against • Walpole's Letters to Sir H. Mann, yorke's CHANCELLORSHIP, AND SUDDEN DEATH. 467 his ambition, that he determined to refuse it. Some say that his brother Lord Hardwicke advised, others that he dissuaded the acceptance. Certain it is, that he had given a positive refusal both to the King and the Duke of Grafton, and that the Earl had notified it to Lord Rockingham. Within two hours after the King prevailed on Yorke to accept. " The conflict occasioned in his mind'by these struggles, working on a complexion that boiled over with blood, threw him into a high fever on Wednesday night, and a vomiting ensuing on Thursday morning, he burst a blood-vessel, and no art could save him. The Cerberus of Bil lingsgate had opened all its throats, but must shut them, for the poor man had accepted handsomely, without making a single condition for himself: I do not reckon the peerage, as a Chancellor must have it, or is a mute at the head of the House of Lords. The blow is heavy on the administration. The Chief Justice Wilmot, it is thought, will be prevailed upon to accept the seals ; but at present they must be put into commission, for the Chancery cannot stand still." Horace Walpole, in a letter to Sir D. Dalrymple, dated " January 23, 1770," thus feelingly alluded to this tragic event : — " The rapid history of Mr. Yorke is very touching. For himself, he has escaped a torrent of obloquy, which this unfeeling and prejudiced moment was ready to pour on him. Many of bis survivors may, per haps, live to envy him." In his Memoirs of George the Third, it is stated by Horace Walpole, in reference to this subject, — " The wanton insolence of the court, on the first day's victory, was well nigh costing them a total defeat. They had dismissed the Chan cellor without being provided with a successor. Mr. Conway acquainted me, in the greatest secrecy, that the Duke of Grafton, dismayed at Yorke's refusal of the Great Seal, would give up the administration. Not a lawyer could be found able enough — or, if able, bold enough — or . if bold, decent enough— to fill the employment. Norton had all the requisites of knowledge and capacity, but wanted even the semblance of integrity ; though for that reason was probably the secret wish of the court. He was enraged at the preference given to Yorke ; yet nobody dared to propose him, even when Yorke had refused. Sir Eardley Wil mot had character and abilities, but wanted health. The Attorney- General, De Grey, wanted health aud weight, and yet asked too extra- H H 2 468 LIFE OF LORD CHANCELLOR HARDWICKE. vagant terms. Dunning, the Solicitor-General, had taken the same part as his friends. Lord Camden and Lord Shelburne. Hussey, so far from being inclined to accept the office, determined to resign with his friend. Lord Camden ; though earnest against the dissolution of Parlia ment. Of Lord Mansfield there could be no question : when the post was dangerous, his cowardice was too well known to give hopes that he could be pressed to defend it. "*In this exigency, Grafton's courage was not more conspicuous. His first thought, vtithout consulting the King's inclination, was to offer the administration to Lord Chatham or Lord Rockingham ; but, inclining to the latter, he had desired Mr. Conway to come to him in the evening, and meet Lord Gower, Lord Weymouth, and Lord North, in the most private manner, for consultation. Conway went away in haste to court, promising to return and dine with me, that he might consider what advice he would give to the duke at night ; but what was my astonishment, when, in two hours, Mr. Onslow came and told me that Mr. Yorke had accepted the seals ! He had been with the King over-night, without the knowledge of the Duke of Grafton, and had again declined ; but, being pressed to reconsider, and returning in the morning, the King had so overwhelmed him with flatteries, entrea ties, prayers, and at last with commands and threats, of never giving hira the post if not accepted now, that the poor man sunk under the impor tunity ; though he had given a solemn promise to his brother. Lord Hardwicke, and Lord Rockingham, that he would not yield. He betrayed, however, none of the rapaciousnesss of the times, nor exacted but one condition, the grant of which fixed his irresolution. The Chan cellor must of necessity be a peer, or cannot sit in the House of Lords. The coronet was announced to Yorke , but he slighted it as of no con sequence to his eldest son, who would probably succeed his uncle. Lord Hardwicke ; the latter having been long married and having only two daughters. But Mr. Yorke himself had a second wife, a very beautiful woman, and by her had another son. She it is supposed urged him to accept the chancery, as the King offered or consented that the new peerage should descend to her son, and not to the eldest. The rest of his story was indeed melancholy, and his fate so rapid as to intercept the completion of his elevation." * The following memorial, containing a full account of * " For tbe Great Seal was never affixed to tbe patent of his barony; and the King had not the generosity to make atonement to his family, by con firming the promise, for having forced the unhappy person to take a step that cost him his hfe." PRIVATE MEMORIAL OF OCCURRENCES. 469 the offer of the Great Seal to Mr. Charles Yorke, of his acceptance of it, and of his death, is in the handwriting of the second Earl of Hardwicke.* " Private Memorial. " December the SOth, 1770.* " I shall set down on this paper the extraordinary & melancholy circumstances w"*" attended the offer of the Gr. Seal to my brother in Jan^ last. On the 12th of that month he received, on his return from Tittenhanger, a note from the D. of Grafton, desiring to see him. He sent it immediately to me, & I went to Bloomsbury Square, where I met my brother John, & we had a long conversation with Mr. Yorke. He saw the D. of Graf ton (by appointment) in the evening, & his Grace made him (in form & with* personal cordiality) an offer of the Gr. S., complaining heavily of L'' Campden's conduct, particularly his hostile speech in the H. of Lords the P* day of the session. My brother desired a little time to consider of so momentous an affair, & stated to the Duke the difficulties it laid him under. His Grace gave him till Sunday in the forenoon. He (Mr. Y.) called on rae that morning (the 14th), & seemed in great perplexity & agitation. I asked him if he saw his way thro' the clamorous & difficult points upon w'^'' it would be im mediately expected he should give his opinion, viz. the Middlesex election, America, & the state of Ireland, where the Parliament had just been prorogued on a popular point. ' He seriously declared he did not, & that he might be called upon to devise measures of a higher & more dangerous nature than he sho'' chuse to be responsible for. He was clearly of opinion that he was not sent for at the present juncture from predilec- * Hardwicke MSS,, Wimpole. 470 LIFE OF LORD CHANCELLOR HARDWICKE. tion, but necessity ; & how much soever the Gr. S. had justly been the object of his ambition, he was now afraid of accepting it.' Seeing him in so low & fluttered a state of spirits, & knowing how much the times called for a higher, I did not venture to push him on, & gave into the idea he himself started, of advising to put the Gr. Seal in commission, by w"'' time wo** be gained. He went from me to the D. of Grafton, repeated his de clining answer, & proposed a commission for the present, for w"*" precedents of various times were not wanting. The D. of Grafton expressed a more earnest desire that my brother sho'' accept than he did at the first inter view, & pressed his seeing the King before he took a final resolution. I saw him again, in Montague House Garden, on Monday the 1 5th, & he then seemed deter mined to decline, said a particular friend of his in the law (Mr. W.) had rather discouraged him, & that nothing affected him with concern but the uneasiness which it might give to Mrs. Y. ' ' On Tuesday forenoon (the 1 6th) he called upon me in great agitation, & talked of accepting. He changed his mind again by the evening, when he saw the Eang at the Queen's Palace, & finally declined. He told me just after the audience, that ' the K. had not pressed him so strongly as he expected ; that he had not held forth much prospect of stability in administration ; & that he had not talked so well to him as he did when he accepted the office of Attorney- Gen eral in 1765. His Majesty, however, ended the conversation very humanely & pret tily, that ' ' after what he had said to excuse himself, it would be cruelty to press his acceptance." ' I must here solemnly declare that my brother was all along in such an agitation of mind that he never told me all the par ticulars w"'' passed in the different conversations, & many yorke's interview with THE KING. 471 material things may have been said to him w'^'' I am igno rant of. He left me soon after, to call on Mr. Anson & L'' Rockingham, authorizing me to acquaint everybody that he had declined, adding discontentedly that ' It was the confusion of the times w"'' occasioned his having taken the resolution.' He appeared to me very much ruffled & disturbed, but I made myself easy on being in formed that he would be quiet next day, & take physick. He wanted both that & bleeding, for his spirits were in a fever. " On Wednesday morning (the 17th) I accidentally raet with several friends, & told them what I then thought my brother's resolution. Some approved, all acquiesced, nobody much wondered at it. The state of things appeared very fluctuating & uncertain; several resignations had happened, more were talked of, & I had been favoured with no private communications from any quarter (but U^ Rockingham's) to direct my judgment. That very morning, instead of taking his physick, he left it on the table, after a broken night's rest, & went to the levee, was called into the closet, & in a manner compelled by the K. to accept the Gr. S., with expressions hke these. ' My sleep has been disturbed by y"^ dechning; do you mean to declare yrself unfit for it ? ' & still stronger afterwards. ' If you will not comply, it must make an eternal breach betwixt us.' At his return from Court, about 3 o'clock, he broke in unexpectedly on me, who was talking with L'' R. & gave us this account. We were both astounded (to use an obsolete but strong word) at so sudden an event, & I was particularly shocked at his being so overborn in a manner I had never heard of, nor co'' imagine possible between prince & subject. I was hurt personally at the figure I had been making for a day before, telling everybody, by his authority, that he was 472 LIFE OF LORD CHANCELLOR HARDWICKE. determined to decline ; & I was vexed at his taking no notice of me, or the rest of the family, when he accepted. All these considerations working on my mind at this distracting moment, induced me (L'' Rock, joining in it) to press him to return forthwith to the King, & to in- treat His M*'', either to allow him time 'till next morning to recollect himself, or to put the Gr. S. in commission, as had been before resolved upon. We co/':'-: ;;¦;;!: (i/y/fijJi mmm ^t'!4.'^.'.-;f',t.'l(^'*!/i'».' ¦ ., ¦¦>t'*>"t ti ,,'.,";.<-.w'-f)H I / ^ ,/^i'.j m>'^ &'<^? -ij'.i,^^;- im. > (.:«f"'': '(^(' < ' '^/is.r'f JiiM m\ rbi