The Life of Lord Chancellor Hardwicke
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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 . / / / /L^~. t~i •£c_«u-o'-r-«-«_< Engraved by W.T. Fry - - IP IIII , I Hº Y() ) RI W - . Alt 1. () F HAIR IDV WIC *INE OH. 1764. 1-tº-tº-1 “I’ll E. or 1 G1 N Al - (** In AM say. IN THE vºl.i.rººtion or. - Till iri (; lit lion*** Thir: r -- Viri. ol." II.V. Iti)WI ("Ixl. THE LIFE )RD CHANCELLOR HARDWICKE; WITH SELECTIONS FROM HIS fco RRESPONDENCE, DIARIES, SPEECHES, AND JUDGMENTS. GEORGE HARRIS, ESQ., If you wish to employ your abilities in writing the life of a truly great mnd wonderful man in our fa»on. take the Life of Lord Hardwickc for your object; he was, indeed, a wonderful character -he tune Chief-Justice of England, and Chancellor, from his own abilities and virtues." LORD MANSFIELD. IN THREE VOLUMES. VOL. I. LONDON: EDWARD MOXON, DOVER STREET; STEVENS' & NORTON, BELL YARD AND FLEET STREET. MDCCCXLVII. LoNDON : william stevens, printer, BELL YARn, Temiri, r, part. TO HIS ROYAL HIGHNESS PRINCE ALBERT, tfc. Jyc. 4'c- CHANCELLOR OF THE UNIVERSITY OF CAMBRIDGE, AND BENCHER OF THE HONOURABLE SOCIETY OF LINCOLN'S INN, WHOSE SOLICITUDE FOR THE INTERESTS OF THIS COUNTRY, AN1) ATTENTIVE STUDY OF ITS CONSTITUTION AND LAWS, FORM A TRUE BOND OF UNION WITH IT, AND A LEGITIMATE TITLE TO ITS PROFESSIONAL HONOURS, THE OF AM ENLIGHTENED ENGLISHMAN AND EMINENT LAWYER 18, WITH HIS ROYAL HIGHNESS'S PERMISSION, RESPECTFULLY DEDICATED, BY HIS OBEDIENT HUMBLE SERVANT, THE AUTHOR. PREFACE. IN presenting to the public the memoir of a dis tinguished public man, which is first offered to the world at a period of more than three quarters of a century after his decease, it is necessary to afford some explanation as to the materials from which his biography has been supplied. This is essen tial to enable the reader to form a correct notion of the nature of the work before him ; and it is clue to the author that, before condemning him for the errors and defects with which he is conscious his performance abounds, certain of the peculiar difficulties and perplexities attendant on his task should be exhibited. The sources from which the matter for these volumes has been mainly obtained are as follow : the extensive correspondence, both official and general, which was carried on throughout his career by this distinguished man with the dif ferent leading political and other illustrious per sonages of the day, as also with the various VI PREFACE. members of his own family ; and which is now preserved among his papers at Wimpole ; the diaries or memoranda which he was in the habit of occasionally making, in which he noted down at the time, with great care and minuteness, any particular event of importance in which he was a participator ; the diary of his eldest son, the Honourable P. Yorke, afterwards the second Earl of Hardwicke ; the manuscripts of different kinds, left by Lord Chancellor Hardwicke, in cluding his own notes of his speeches and judg ments ; the Parliamentary records of the speeches he delivered ; the reports of the State Trials, in several of the most important of which he was engaged either as an advocate or in his judicial capacity, and of which his own memoranda are still extant ; and the records which have been preserved of those noblest monuments of his genius, the judgments which he pronounced during the long period that he presided as Lord Chief Jus tice, and Lord High Chancellor of this kingdom. To these may be added the ordinary sources of information in the newspapers, periodicals, and other publications of the day. The correspondence above mentioned, which is of great extent and variety, and a careful selection from which has been made, relates to matters of different kinds, both public and domestic ; and there is scarcely any event of importance of either class, during that very interesting and exciting period over which it runs, which is not included PREFACE. Vll in it. In many instances this has been used as the vehicle for describing occurrences which are only known from having been delivered to the world by those who are here the relators of them ; and as far as was attainable Lord Chancellor Hardwicke has been made the nar rator of his own biography, by the extracts which are given from his familiar letters, in which he records from time to time his various occupations and movements. Both as a statesman, and in his domestic and private life, these epistles, — as is usually the case with the familiar or confidential correspondence of men of this class, — serve essentially to elucidate the real character of Lord Hardwicke. The private letters of the different leading poli tical personages of the time cannot be read without interest, affording, as they do, the most correct and perfect insight into the actual sentiments and feelings of those distinguished men. In the portions of Lord Hardwicke's own Diary here given, as also in some of his correspondence, lie records with great exactness and particularity his impressions of certain events of deep im portance, with which at different periods he was especially connected ; and in several instances makes us acquainted with scenes, and with the characters of individuals, which he only had the full opportunity of judging of and describing. The Parliamentary Diary and Letters of the Hon. P. Yorke, eldest son of Lord Chancellor Vlll PREFACE. Hardwicke, and who became the second Earl, in which are preserved his own account of the principal political events of the day, especially those with which the Chancellor was connected, have been extracted from in the following pages, and serve as most valuable illustrations and de scriptions of the Chancellor's career, presenting oc casionally vivid sketches of the scenes pourtrayed. In Mr. Yorke's letters, and those of his brother, Mr. Charles Yorke, both of whom were for a long period members of the House of Commons, much interesting matter of this kind is contained. What ever defect these memorials might be supposed to possess, owing to the naturally strong partiality of the writers to the principal subject of them, is more than amply atoned for by the deep interest which they felt in the leading character described, and the lively manner in which they have narrated all belonging to him. The letters addressed to these distinguished personages by Dr. Birch, relating to many important transactions and occurrences, particularly those in which the Chancellor took part, form an agreeable portion of the materials for this work, and the greater part of which have not before been made public. The Parliamentary speeches delivered by Lord Chancellor Hardwicke have been selected from with great care, correct reports of them having been obtained both from his own private notes and, in a few instances, from printed copies of them revised by himself, as also from the ordinary re- PREFACE. IX cords of them in the publications of the day. In certain cases of great consequence and vital in terest, entire speeches of Lord Chancellor Hard- wicke are inserted. In other instances particular portions only, containing sentiments of consider able value, have been extracted ; while of several a mere general epitome has been afforded ; and some, from the interest of them being confined to the circumstances about which they were spo ken, appeared to require only a passing notice. The collection and record here of those on great O legal or constitutional points, which are appli cable to all times and to many different occa sions alike, cannot be deemed unimportant; and few will fail to derive high satisfaction and exten sive improvement from their perusal. A selection, with much care, has also been made from Lord Hardwicke's arguments while at the bar, and from the judgments delivered by him, both as Chief Justice and Lord Chancellor, and which have been obtained from his own notes and draughts of them, and also by reference to the published re ports. Those of leading interest have been fixed upon, and, as far as possible, divested of their legal technicalities. The omission altogether from the present work of this very important portion of the matter, would be to neglect the main basis on which Lord Hardwicke's fame is founded ; and some acquaintance with which is absolutely essen tial, in order to form a just and adequate notion of the qualities which adorned this great legal PREFACE. luminary. To throw them into an Appendix would be practically to separate them from the me moir, and proclaim them as unfitted for the general reader. To give a mere summary of their purport would afford no real acquaintance with their na ture and value. It has, therefore, been thought desirable to incorporate them as much as possible into the body of the work, of which they form a very indispensable and essential ingredient. They have been subjoined to the end of each chapter, according to the period of their delivery ; so that while the professional reader may continue his pro gress in the perusal of them, and be aided by them in his perception of the character of the subject of this memoir, the general reader, who may per haps be repulsed by the professional aspect or apparently technical nature of these documents, may pass on when he arrives here, without the course of the narrative being interrupted. Not only, however, will all the cases selected be found, for the most part, intelligible to every reader of cultivated understanding, whether " learned " or only " gentle," so as to enable him to discern their nature and style and characteristics ; but they serve in an eminent degree to afford an insight into the leading and most important prin ciples of law, and mode of dealing with them, \vhich every person of extensive education must desire to possess, and which few expressly legal treatises conduce equally well to render ; contain ing, as these efforts of Lord Hardwicke's mind PREFACE.