1848.] THE LIFE OF LORD CHANCELLOR HARDWICKE. Lee succeeding him as Chief Justice. All seals, at an age when others are scarce made sothe particulars connected with the acceptance of the Great Seal, as well of some important events immediately subsequent, relating to the differences between the king and prince, are minutely detailed in Lord Hardwicke's journal, but the narrative is too long for quotation here. licitors; then marries his son into one of the first On the 9th of March, 1738, an important debate on the reduction of the army Lord Hardwicke's noble defence of Sir took place in the House of Lords, towards Robert Walpole, in the debate on the mothe close of which Lord Hardwicke ad- tion for an address to the King, to remove dressed the house in opposition to the pro- Sir Robert from the ministry, is described posed measure of reduction. His speech, as being "one of the finest specimens, in as reported in "Hansard's Parliamentary point of style, matter, and reasoning, that History," is well deserving attention at the we have of Lord Hardwicke's oratorical efforts." Select extracts only are given, present time. The death of the Chancellor's old friend but the whole speech is preserved in Hanand relative, Sir Joseph Jekyll, Master of sard. The motion was lost by a majority the Rolls, afforded him another opportunity of 49: andof showing that he did not deserve the imputation of neglecting his former colleagues, for the vacant office was conferred upon Sir John Strange, his former colleague in the office of Mr. Salkeld, to whom indeed the Solicitor-Generalship had been previousiy · ancient established usages of Parliament, and is a high infringement on the liberties of the subject.' After a debate of some length, this motion was carried by 81 to 54, and a protest against it entered by the dissentient peers.”—p. 505. "At the termination of the debate, a resolution was moved by the Duke of Marlborough, the draft of which is in the handwriting of Lord Chancellor Hardwicke, that an attempt to inflict any kind of punishment on any person, without allowing him an opportunity to make his defence, given. or without any proof of any crime or misdemea Some letters of the Duke of Newcastle nor committed by him, is contrary to natural justo the Chancellor show that nobleman to tice, the fundamental laws of this realm, and the have been of a most jealous and irritable disposition: his brother, Mr. Pelham, seems to have had considerable difficulty in soothing him, and in suspending his frequent disagreements with Sir Robert Walpole and other members of the administration. So much respect does the duke appear to have entertained for Lord Hardwicke, notwithstanding the complaints of neglect that would occasionally break from him, that he employed his lordship to correct any intemperate expressions which might escape from his pen in his official correspondence. The following brief analysis of the House of Commons elected in 1741, is curious : ་ "Among the Chancellor's papers is a Computation of the House of Commons in 1741, made before their meeting,' which contains a calculation as to the sentiments of each member. The total number of members returned by the English counties and boroughs at this time was 473. Of About the year 1740, Lord Hardwicke these 242 were set down as for the court' and purchased the Wimpole estate in Cam-231 as against the court.' Yorkshire appears to bridgeshire from the Earl of Oxford; and have been then the stronghold of Whiggism, as in May of that year, his eldest son, Mr. out of the 30 county and borough members returned by it, 23 were for the court, and only 7 Philip Yorke, was married to the only against it. And it is singular that Cambridgeshire, daughter of the Earl of Breadalbane. in which the Chancellor's principal estates lay, Horace Walpole, who had no especial love for the Chancellor, thus writes to his correspondent, Mr. Conway, in reference to this among other instances of the Chancellor's "luck." was the only county in which all the members returned, being 6, were favorable to the Whig interest. Hampshire returned 22 for and 4 against the court. Lancashire, 14 for and 4 against it. On the other hand, Bedfordshire, Cheshire, and Leicestershire, each returned 4 county and borough members, all against the court. In Oxfordshire the whole 9 were on the Tory side. "The Cinque Ports returned 16 members, of which 11 were for the court and 5 against it. Wales returned 24 members, of which 14 were for the court, and 10 against it. Scotland returned waited on His Majesty, who received him graci45, 17 of them being Whigs and 24 Tories. The ously, and ordered his guards to be restored. The whole Parliament was estimated at "For the court 284 reconciliation between the King and the Prince of Wales, together with the change in the ministry, were celebrated with public rejoicings all over the "Besides which there were four double returns." kingdom; and immediately after the adjournment, -p. 508. Yorke. peace and concord appeared, for a time at least, to reign supreme, even in that most inharmonious of all terrestrial assemblies the House of Commons." -p. 535. In this Parliament, among the new members, occurs the name of Mr. Philip Yorke, eldest son of the Chancellor, who was returned for Reigate, in Surrey; a connexThis calm was, however, but the precurion kept up to the passing of the Re-sor of a storm; and as it was necessary to form Bill, when Reigate was deprived of single out some victim to be sacrificed to one of its members. The last member of popular discontent, in order that men's the Yorke family who sat for Reigate is the minds might thereby be diverted from the present Earl of Hardwicke, son of the contemplation of the various political late Vice-Admiral Sir Joseph Sydney changes and party defections which had recently taken place, no one was deemed so In the course of this year, among other proper for this purpose as the fallen minisletters on the same subject, Lord Hard- ter; accordingly, on the 23d of March, wicke received one from his friend, Dr. Lord Limerick moved for an inquiry into Herring, Bishop of Bangor, describing the the conduct of Robert, Earl of Orford, for condition of his diocese, which was at the last ten years of his administration; that time suffering from a double calamity and this inquiry was granted after a warm -the sickness and dearth then prevalent debate. A secret committee was chosen by throughout the kingdom, and the late con- ballot, and began to examine witnesses, when tested elections;" the other from Lord Mr. Paxton, Solicitor to the Treasury, reChancellor Jocelyn, from Ireland, mention- fusing to answer certain questions, was coming "the distressed state of that country mitted to Newgate. A bill was prepared, at this period, owing to the entire failure on the motion of Lord Limerick, for inof the potato crop which had occurred, and demnifying evidence against Orford, and which was followed by famine and disease made rapid progress through the Commons, to a frightful extent, the account of which bears a close resemblance to that of the same calamities with which the same unfortunate country has been lately visited." meeting with slight opposition from the Earl's friends in the Lower House, from their belief that it would be rejected by the Peers, as it was, by a majority of 52. In The meeting of the new Parliament on the debate on the second reading in the the 1st of December, 1741, was signalized by Lords, Lord Hardwicke spoke at considermany stormy debates. Numerous disput- able length, and concluded with the emed elections, by the results of the discus- phatic declaration," Though I do not sions upon them, clearly indicated the de- imagine myself endowed with any peculiar clining power and popularity of the minis- degree of heroism, I believe that, if I were try. On the 3d of February, 1742, the condemned to a choice so disagreeable, I King adjourned Parliament to the 18th, should more willingly suffer by such a bill and in the interim Sir Robert Walpole re- passed in my own case, than consent to signed all his employments, and was creat-pass it in that of another."-Vol. ii. p. 9. ed Earl of Orford. Notwithstanding the Extracts from numerous letters written various changes consequent upon this re- by Lord Hardwicke to his third son, Josignation, the Duke of Newcastle retained seph Yorke, who had entered the army, the post of Secretary of State for the and was then in Flanders, place his lordSouthern Department, and Lord Hardwicke ship in the most amiable light as a kind remained Chancellor, by the particular de- and affectionate father. They abound in sire of Mr. Pulteney. The following ex- the soundest advice as to choice of associtract intimates the termination of the dis-ates, subjects of study, care of his health, sensions which had long prevailed in the and general behavior, and are models of Royal Family. "On the 17th of February the Prince of Wales, attended by a numerous retinue of his adherents, this species of epistolary correspondence. In a letter from Mr. Charles Yorke to his brother Joseph, the former tells him that among Lord Somers's papers which had been in the possession of Sir Joseph Jekyll, | of unanimity among the discordant memhe found a letter from the Duke of Shrews-bers of the cabinet; but the dissensions bury to Lord Somers, in which the Duke soon after broke out more fiercely than ever, says that he wonders how any man who had bread in England will be concerned in business of state; and declares, "Had I a son, I would sooner breed him a cobler than a courtier, and a hangman than a statesman." In the month of June, 1742, the Duke of Somerset solicited the place of Chief Baron of the Exchequer for Sir Thomas Bootle; but Lord Hardwicke, in reply, states that he could not forward Sir Thomas's interest, as he had already applied in behalf of his friend, Mr. Justice Parker, who, he says, "is a near relation to my late Lord Macclesfield, to whom I had the greatest obligations in the beginning of my life;" and further states that gratitude, as well as regard to the public, induced him to take this step another proof that he was not in the habit of neglecting former friends. An extract from a letter from the Bishop of Salisbury, thanking Lord Hardwicke for conferring some piece of ecclesiastical preferment upon a worthy man, exhibits a picture of the very low condition of the church at that time. "Your lordship's observation on the present state of the clergy is very just; but it is a melancholy truth; and what is still worse, there is but little hope of finding a remedy for this evil. Discipline is in a manner lost; and the episcopal authority with respect to the behavior and conduct of the clergy become so feeble, that many are of opinion, that there is no other way to cover the weakness of it, but not to make use of it."-p. 27. In November, 1742, Lord Hardwicke selected the Hon. Wm. Murray to be Solicitor-General; and the subsequent career of this distinguished advocate as Lord Mansfield, fully justified the choice. and led to the presentation of a remonstrance to the king against the foreign policy of Lord Granville, whose dismissal was demanded; and after much angry recrimination, and some threats from His Majesty, was granted: the seals of Secretary of State being transferred to Lord Harrington. At the commencement of the year 1745, the lords justices who, during the absence of the king in Hanover, conducted the government, were placed in a peculiarly perplexing position, from the threatening aspect of affairs, both foreign and domestic, and the dissensions by which the cabinet was divided. There was, too, a perfect absence of cordial feeling between the king and his ministers, which paralyzed their efforts, and prevented their taking such measures as the exigences of the times demanded. For at this period the nation was upon the eve of one of the most exciting events in the whole course of British history. The alarm of invasion, which had so often in anticipation raised the fears of some and the hopes of others, was now about to be realized, and that too at a moment when the government was least prepared to meet it. From this portion of the biography of Lord Hardwicke, who was one of the most enerbinet at this critical juncture, may be getic and clear-sighted members of the cadrawn a very complete history of the Rebellion of 1745; and the preliminary observations of Mr. Harris upon the inciting causes of this revolutionary movement appear so just, that we are induced to quote them at length. "The tracing out the canses and origin of seditious combinations, gradually ripening into rebellion, in a state, is at once a very interesting and instructive study. In the present instance, as in most of these cases, strong dissatisfaction with the reigning government was undoubtedly the leading cause of this commotion. The person of habits were at variance with those of this country. the sovereign was unpopular in the nation. His His partialities appeared all to lie with Hanover. His whole recreation was spent there. Troops from thence were brought over here, to the great disgust of his English subjects, and every favor was shown to the former. The interests of the nation, it was generally believed, were on all occasions made subservient by the sovereign, to ca-those of his German dominions,-a notion not altogether without foundation, as certain documents already quoted will serve to show. And heavy taxes were imposed on the people of Eng Numerous letters from Bolingbroke to Lord Hardwicke, whose exertions in that nobleman's behalf were mainly instrumental in procuring his recal, are given in the second volume. They convey a highly favorable idea of the friend of Pope, and treat on many different subjects, the most important, perhaps, being those relating to affairs in France, which, from the alarm of invasion felt at this time, were calculated to arrest the attention of the ministry, and to put them in possession of many facts pable of being turned to good account. The alarm of invasion in the year 1744, served to bring about a temporary degree "The rebellion which broke out on the present occasion, afforded, however, a singular instance of a rupture of this nature occurring in a nation when the people were fully satisfied with the form of government under which they lived, and exhibited no desire to effect a change, as regarded this, in any branch of the constitution. Indeed, so far were they from wishing an alteration here, that one of the promises made by the invading prince, for the purpose of inducing people to flock to his standard, was, that no revolution in the ex isting system of government should take place, in case of his success. The only change thought of was in the person of the sovereign who filled the throne; and as the people in general knew but little of the individual qualities of either of the rival princes, hence the apathy on the subject of the rebellion which prevailed among the populace. "In Scotland, indeed, the union with England was regarded by many as a heavy grievance, and as destroying the independence and nationality of that country, and which the exiled monarch therefore promised to abolish, in case of his obtaining the throne of his ancestors. The body of the Highlanders had, moreover, some time before, received a grievous affront from the government, and were ripe for insurrection, and eager for an opportunity of revenging themselves on those who had insulted them; of which the following account is given by the Hardwicke MSS. "At the commencement of the war, a regiment of these people had been formed and transported with the rest of the British troops to Flanders. Before they were embarked a number of them deserted with their arms, urging, which was really the case, that they had been decoyed into the service by promises and assurances that they should never be sent abroad. They were overtaken by a body of horse, persuaded to submit brought back to London, pinioned like malefactors, and tried - for desertion. Three were shot to death in terrorem, and the rest were sent into exile to the plantations. Those who suffered were persons of some consequence in their own country; and their fate was deeply resented by the clans to which they belonged. cabinet we have already mentioned; and it was even pretty extensively believed at the time that more than one influential member of the government was favorably disposed towards the rebel party. The king was in Germany, and the army on the continent; while both France and Spain had promised both money and men to aid the effort and apathy at least was extensively felt among the people at large. Accordingly, Prince Charles Edward, with at most about seventy followers, landed on the west coast of Scotland, some time in July, 1745, and at once raised his standard, apparently trusting more to the representations of the favorable disposition towards his cause of the people among whom he had thus confidingly ventured, than to any promises of assistance from continental powers. The correspondence relative to the proceedings of the rebels in the north is exceedingly interesting; and none more so than the letters between Dr. Herring, Archbishop of York, and Lord Hardwicke, to which we shall often refer, as they convey a very accurate picture of the state of the public mind. At the present day, with our facilities for transit and communication, it is curious to read of the state of uncertainty prevailing in London as to the progress and strength of the rebel army. In one letter to the Archbishop, Lord Hardwicke unreservedly declares his sentiments as to the critical state of affairs immediately after the landing of Charles Edward. says: He "That the Pretender's son is actually in the north-west Highlands of Scotland, & that he is joined by some of the clans of Macdonald & the Camerons, mostly Papists, I take to be very certain. Infidelity has much prevailed here concerning this fact, tho' I think it is something altered; but I cannot help agreeing with your elder brother of Cant., that, in this case, want of faith proceeds greatly from want of zeal, which, in political faith, is the worst source. There seems to be a certain indifference and deadness amongst many, & the spirit of the nation wants to be roused and animated to a right tone. Any degree of danger at "As regarded the individual whose pretensions were set up against those of the reigning monarch, his English birth, and the hardship of his fate in having endured so much for the misconduct of his father, excited in his favor a feeling among many; while all who disapproved of the strong measures which had been adopted for his exclusion, and the great proportion of those who were of the Roman Catholic religion, were at once in-home ought now to be vastly the more attended to duced to espouse his cause. He had assurances of support from many of rank and importance both in England and in Scotland, several of whom, however, never declared in his favor, only be cause they considered that the time was not ripe for doing so."-p. 144. In many respects, however, a more favorable time for the attempt could scarcely have been chosen. The divisions in the from the state of things abroad. That I lament from my heart. I think I see the evil cause to which it is to be ascribed, & yet I know not whether to wish that, by the public, it should be attributed to that cause. Where to find a remedy I know not. I see only the probability of one, & am not sure that will be taken. "Sir John Cope, with about 2000 men of the King's troops, is, I believe, now in the Highlands & I trust his force is sufficient, (by ye blessing of God), to crush this infant rebellion, provided it be 1848.] THE LIFE OF LORD CHANCELLOR HARDWICKE. properly exerted before the assistance, which the rebels undoubtedly expect from abroad, can come to them."-p. 154. behavior of the Scotch nobility on this occasion? Strong marks of treachery, my lord, when they fled their country, wch they might have saved by only standing up in Edinburgh, in their own defence, Lord Hardwicke mentions, at the end of & lending Cope their advice and countenance. his letter, the return of the King from La Loudon is an exception to this, who has beHanover, in perfect health and good hu-haved like a brave and honest man."-p. 166. mor, valuing "himself upon the haste he has made to us, when there was any apprehension of danger affecting this country." His Majesty's courage seems, however, at a later period to have "oozed out at his fingers' ends," like that of Bob Acres, for he "is said to have embarked many of his most valuable effects on board vessels, which lay in the Thames, ready to set sail at a moment's notice. This signal reverse in the very first encounter of the royal troops with the hitherto despised enemy, seems to have had the effect of arousing the spirit of the friendly portion of the nation. At York, the archbishop presided at a meeting of the nobility. and gentry, a large subscription was raised, and numbers came forward as volunteers in the service of the king. The archbishop himself, in a subsequent letter, and when the danger seems to have become more imminent, says,—— Lady Hardwicke seems to have had no great faith in Sir John Cope; for in one of her letters to Mr. Philip Yorke, she says, "I fear Sir J. Cope's not equal to the busi"I find I must get into regimentals in my own ness;" and subsequently, in writing to Col. defence, in a double sense; for an engraver has Yorke, she tells him, "Sir John Cope was very near the rebels when the last letters already given me a Saracen's head, surrounded with a chevalier in chains, & all ye instruments of came from thence. I wish your old master war, and ye hydra of Rebellion at my feet, and I there, for he knows the men and the coun- see another copper-plate is promised, where I am try, having lived 11 or 12 years among to be exhibited in ye same martial attitude, wth all them, and they know his firniness and zeal the clergy wth we. By my troth, as I judge fro' for the present Royal family." Whatever applications made to me every day, I believe I presentiments her Ladyship may have felt, cod raise a regiment of my own order; and I had they were fully verified by the disastrousa ser ous offer ye other day fro' a Welsh curate, fro' the bottom of Merionethshire, who is six foot affair at Preston-Pans, where, as is well &high, that, hearing I had put on scarlet, he known, Cope," at the head of 2,200 men, was ready to attend me at an hour's warning, if well equipped," was totally defeated, and ye Bp of Bangor did not call upon him for the where, if the brave Gardiner's efforts had same service."-p. 180. been seconded, the result might have been very different. In reference to this latter, the Archbishop thus writes to Lord Hardwicke: Much interesting information is given in the correspondence connected with the rapid progress of the rebel army to Derby, and the general apprehensions for the re"I conceal it, but I own I conceive terrible ap- sult felt throughout the country; but their prehensions fro' this affair at Preston-Pans, where the conduct of our general, &c, was-I won't career was now drawing to a close. The give it the right name, but that of the rebels excel- Duke of Cumberland with the army was Tent, & from what I can collect, and ye judgment summoned home from the Continent, and wch I form upon ye opinion of ye soldiers here, took the command of the forces to repel the they are admirably disciplined, & our men have invaders. Col. Yorke accompanied him felt it, well armed. Their resolution and conduct in taking the little battery was admirable, and as they are vigorous & savage, their leaders well into the north as his aid-de-camp, and to him we are indebted for several letters, reknow how to point their strength properly and ef- lating the movements of the insurgents. fectually. There is something too in their artful Other letters from his father and brother taciturnity that alarms one. They say it is fact, describe the terror prevailing in London, and that from their setting out to this honr, it is not the fear lest the rebels should give the slip easy to say who leads them, nor are they seen, in to the royal troops. Other alarms, arising a manner, till they are felt, so silent & well con- from the reported embarkation of a French certed are their motions. I hope in God all this is army at Dunkirk are also described; and known above much better than it is here, & that Col. Yorke's expressions of regret, in the it is now seen that this rebellion is not to be following letter, refer to orders for a porquashed by small peletons of an army, but must be attended to totis viribus. Who can say what tion of the Duke's forces to return southwod be the consequence of such an advantage wards for the protection of the capital. gained in England? What shall we think of the The letter is dated "Preston, Dec. 15th." |