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The Life of Lord Chancellor Hardwicke

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The Life of Lord Chancellor Hardwicke This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com 32101 '067408532 THE LIFE LORD CHANCELLOR IIAROWICKE. VOLUME III. fir*. ?y ^^/A/C^ ^^ <C-aJ£ M*~ THE LIFE LORD CHANCELLOR HARRWICKE; WITH SELECTIONS FROM HIS CORRESPONDENCE, DIARIES, SPEECHES, AND JUDGMENTS. GEORGE HARRIS, ESQ., OF TUB MIDDLE TEMPLE, BARlUsTF.E, AT,L AW. " If you wish to employ your abilities in writing the life of a truly (treat and wonderful man in out profession, take the Life of Lord Hardwicke for yourobject; 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, BELL YARD AND FLEET STREET. MDCCCXLVII. LONDON: WILLIAM STEVENS. PRINTER. BELL YARD, TEMPLK BAR. CONTENTS OF VOLUME III. CHAPTER XII. 1754 — 175G. 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 Militia 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 XIII. 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 Militia 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 Affairs — 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 '7<32 U4YU!3!3?96S37*ft'?^ VI CONTENTS. CHAPTER -XIV. 1760—1762. PAGE Accession of King George the Third — His Reception of Lord Hardwicke — The King's first Speech — Measure for Establishing 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—1761. 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 ou the Preliminaries of Peace — On the Cyder Bill — Resignation of Lord Bute — Proceedings respecting Wilkes — Lord Hardwicke's Conference with Lord Egrcmont — Summons to Loudon 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, arid 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 CONTENTS. I'AliE 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 Ali son — Ladv Margaret — Married to Sir John Ileatluote — De scendants and present Representative of Lord Chancellor Hardwicke. - 399 CH APTER XVII. Character Intellectual of Lord Endowments Chancellor of Hardwicke— Lord Hardwicke The perfect — Moral Lawyer 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 and 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 CHANCELLOR 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 II A UDWICKE's CONFERENCES WITH MR. PITT, AND PROMOTION OF MR. FOX — DO NATION TO DR. I, EI. AM) — 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 SHRBBEARE — 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. 3 ledgments for his lordship's obliging wishes for my health I can safelv trust to mv 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 mv 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 24fA, 1754.t " Dear Lyttelton, — Being much tired with long deliberation, and writino- 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.
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