Horace Twiss, "The Public and Private Life of Lord Chancellor Eldon"
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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 I I i i I i I i THE PUBLIC AND PRIVATE LIFE or LORD CHANCELLOR ELDON, WITH SELECTIONS FROM HIS CORRESPONDENCE. HORACE TWISS, ESQ. ONE OF HEB MAJESTY'S COUNSEL. IN THREE VOLUMES. VOL. L " Vim temperatam Di quoque provehunt In majus." Hoe. Carm. lib. iii. ode 4. " The force that wisdom tempers, Heaven promotes." LONDON: JOHN MURRAY, ALBEMARLE STREET. 1844. 4 ' \ CAUTION. The Copyright of this work is protected by the Act 5 & 6 Victoria, c. 45. ; and the Publisher is prepared to avail himself of the protection of that Act in case of any infringement thereof. The introduction into England of foreign pirated editions of the works of British authors, in which the copyright subsists, is totally prohibited. Travellers will therefore bear in mind that even a single copy is contraband, and liable to seizure at the English custom-houses. 50. Albemarle Street, London. London : Printed by A. Spottiswoode, Ne W- Street- Square. or JOHN, FIRST EARL OF ELDON, LORD HIGH CHANCELLOR OF GREAT BRITAIN, INDEBTED, FOR THE MOST VALUABLE OF ITS MATERIALS, TO THE AFFECTIONATE LABOURS OF HIS GRANDSON, JOHN, SECOND EARL OF ELDON, TO WHOM, WITH HIS PERMISSION, THE WORK IS INSCRIBED, BY HIS MOST OBLIOED AND FAITHFUL SERVANT, HORACE TWISS. 253095 PREFACE. A biography of the Lord Chancellor Eldon can want no apology, except for the deficiencies of the writer. In such a memoir, a total absence of political feeling would have been hardly attainable, and per haps not desirable. The fife of any modern states man, if written without a general sympathy in his political views, must have a coldness and flatness, which no tone of impartiality could redeem. The writer of these pages, therefore, though he presumes, in some important instances, — even in one so mo mentous as that of the Catholic question, — to dis sent from Lord Eldon's opinions, has not affected an air of indifference as to those stirring questions of politics in which Lord Eldon was mixed, and still less as to those party attacks of which he was indi vidually the object. Where the course of the work has led the author into contact with such subjects, he has thought it best to deal with them frankly He has ventured to introduce some general notices, of several persons connected with Lord Eldon, as well as of those eminent men, now no more, who, at any period of his Chancellorship, were leaders a 3 6 PREFACE. of the Administration in either House of Parliament, or Judges of any branch of the English Court of Chancery. But no one now living is among the sub jects of these outlines. From unavoidable circumstances, publication has been delayed beyond the time at first intended ; but, as the reputation of Lord Eldon is not likely to be a transient one, it is hoped that the pains, with which these memoirs have been collected and sifted, will be found to compensate the lateness of their appearance. So copious has been the contribution of materials from the relatives and friends of Lord Eldon, and, above all, from his grandson and successor, the pre sent Earl, that one of the chief difficulties of the work has been to decide what original letters and papers, among several thousands, should be preferred for publication, as best suited to unite the objects of illustrating Lord Eldon's character and of gratify ing the interest which attaches to his name. In the hope of accomplishing this double purpose, it has been thought expedient to omit all the merely technical matters in which he was engaged, whether as a lawyer or as a statesman, and to notice even his parliamentary speeches in only a cursory manner, except where they have some direct bearing upon his fame or fortune, or where the surviving and strong interest of the subject seems to make it important that his opinions and authority should be kept before the public. PREFACE. 7 The principal sources, then, of this biography, are : First, The letters of Lord Eldon himself to his brother Lord Stowell, to his daughter Lady Frances Bankes, to his grandson the present Earl, to some others of his relations and friends, and to some of his political colleagues. Secondly, A collection of' letters to Lord Chancellor Eldon, from George III. ; from George IV., as Prince of Wales, as Prince Regent, and as King ; from Queen Charlotte ; from Queen Caroline, when Princess of Wales ; and from others of the Royal Family. Thirdly, A manuscript book of anecdotes and ob servations noted down by Lord Eldon himself, in his latter years, for his grandson's use and amusement. Fourthly, Some miscellaneous manuscripts, chiefly in his own hand-writing, and various memoranda, — communicated by the present Earl. Fifthly, Notes, made by Mr. Farrer the Master in Chancery, of conversations with Lord Eldon shortly before his death: — and contributions from Mrs. and Miss Forster, (his brother Henry's daughter and granddaughter,) who spent parts of several years with him toward the close of his life, and carefully collected all the family traditions relating to him. Lastly, Those four spirited and interesting arti cles, published in the Law Magazine, Nos. 41. to 44., the able author of which was supplied with much authentic information upon points of fact by the late a 4 8 PREFACE. Mr. Pensam, many years one of Lord Eldon's official secretaries and confidential friends. In the review of Lord Eldon's judicial character, the writer of this biography has had the aid of some well digested references lent to him by Mr. Wright, and of some valuable suggestions from Mr. Lee, both eminent members of the Chancery Bar : and he has derived very important benefit from the accurate official information, kindly afforded to him by Mr. Colville and Mr. Bedwell of the Register Office, and Mr. Smith of the House of Lords. For the letters of Lord Eldon to Lord Stowell, he has to thank his old friend Mr. Chisholme, one of Lord Stowell's executors : and he is indebted to several other gentlemen for other contributions, less extensive, but likely, he trusts, to advance the acceptation of the work which he now ventures to lay before the public. June 1844. CONTENTS OF THE FIRST VOLUME. CHAPTER I. to 1760. Introduction. — Origin of the Family and Name of Scott. — Mr. Scott, the Father of Lord Eldon : Hoastmen of Newcastle. — Extraordinary Circumstances of William Scott's Birth. — Birth of John Scott, 1751. — Early Residence. — Education: Newcastle High School : Rev. Hugh Moises. — School Days and Stories. Page 17 CHAPTER II. 1761 — 1771. Oxford. — William Scott's Durham Scholarship. — Letters, Character, and Anecdote, of Mr. Scott, the Father. — William Scott's Fellow ship. — John Scott's Entrance at Oxford. — Sat cito si sat hene. — John Scott's Fellowship : his Pursuits and Friendships : his Oxford Anecdotes and Jokes : his Prize for the English Essay : his earliest extant Letter. — Pranks - - - - -44 CHAPTER HI. 1772, 1773. Name and Family of Surtees. — Miss Elizabeth Surtees, afterwards Lady Eldon. — Letter from John Scott in Love. — His College Com panions. — Anecdotes. — Music, Dancing, the Opera. — Lovers of Miss Surtees — Letter from (Sir) William Scott. — Elopement Reception of the News in Love Lane. — Marriage in Scotland. — Sojourn at Morpeth Communications to and from Newcastle. — 10 CONTENTS. Letter from John Scott explaining the Reasons of the Elopement. — Forgiveness, Remarriage, and Settlements. — Circumstances and Prospects of the Young Couple - - - Page 65 CHAPTER IV. 1773 — 1775. Relinquishment of Fellowship and the Church for the Study of the Law Residence of Mr. and Mrs. John Scott at Oxford. .— His Recollections of Dr. Johnson. — Birth of a Son. — Letters of John Scott to his Family Lectures and Anecdotes His Recollections of Serjeant Hill John Scott's Income, Labours, and Health His first Establishment in London. — Pupilage with Mr. Duane, the Conveyancer - - - - - - 85 CHAPTER V. 1776—178O. Call to the Bar. — Fees Death of Mr. Scott, sen His Will Old Stories of Westminster Hall. — Dr. Heberden. — Northern Circuit John Lee. — -Anecdotes. — Lord Mansfield's Levee. — Newspapers. — Lord C. J. De Grey. — Letters of William and John Scott. — Riots - - - - -99 CHAPTER VI. 1780— 1782. Mr. John Scott's first Successes, Ackroyd v. Smithson, Clitheroe Com mittee, etc. — Memorabilia of the Northern Circuit. — Lord Thur- low's Friendship. — Benevolence of Mr. John Scott. — Different Usages of Eminent Lawyers in answering Cases - - 1 1 6 CHAPTER VII. 1783. Coalition Ministry. — Anecdote of Thurlow. — Silk Gown. — Mr. John Scott's Vindication of his Seniority. — Anecdote of Lord Colling- wood. — Canvass of Weobly : Speech : Lord Surrey : Miss Bridge : Election of Mr. John Scott. — Dangerous Illness of, and Letters from, his Brother William. — Encouraging Letter from Mr. Lee to Mr. John Scott. — Commencement of Parliamentary Session. — CONTENTS. 11 Anecdote of Lord North. — Mr. John Scott's Maiden Speech. — His Speech on Mr. Fox's India Bill. — Fall of the Coalition. Ministry. — New Administration under Mr. Pitt - Page CHAPTER VIII. 1783—1788. Opposition to Mr. Pitt's Government. — Suspension of Supplies and of Mutiny BilL — Party Imputations. — Secretary of the Treasury Dissolution of Parliament. — Mr. Scott re-elected for Weobly. — The Seven Kings. — Anecdotes of Juries. — A Smuggler's Daughter. — Dr. Johnson's Death-bed Advice. — Westminster Scrutiny. — Irish Commercial Propositions. — Rohilla War. — Stories of the Northern Circuit. — Mr. Scott, Chancellor of Durham. — Permits for Claret. — East India Declaratory Bill. — Mr. Francis's Invective against Mr. Scott and the Lawyers - - - - 158 CHAPTER IX. 1788— 1791- Mr.