to perform menial offices of this nature. In the latter event, he would have been somewhat restrained from any active resistance to the petty tyranny of Mrs. Salkeld, by which her ire might have been roused to a degree dangerous to a dependant on her husband's generosity or favor.”— p. 32.

Those disposed to foretell future events from present occurrences, may look upon the carrots and turnips borne in the coach with young Yorke, as foreshadowing the mace and seals which were to occupy a similar position in after life.

Mr. Harris gives a letter from the Wimpole MSS., written by Mr. Charles Yorke, the Chancellor's second son, in which the fact, of his father's having been articled to Mr. Salkeld at all is doubted. The writer states explicitly that his father resided in that gentleman's house, and under his care, until he was twenty years of age, when he was entered a student of the Middle Temple; but that he always understood "he was never articled to him as a clerk, nor acted in that capacity." The question of the clerkship is, after all, one of no importance; it seems, at all events, certain, that Mr. Salkeld was so well pleased with young Yorke's application, and so persuaded of his abilities, as to have advised his entering the Temple with a view to practising

at the bar.

Mr. Yorke continued to reside at Mr. Salkeld's, even after he had entered the Temple, up to the year 1710, when he took chambers in Pump-court. Here he is supposed to have written the paper in the Spectator' of April 28, 1712, bearing the signature of Philip Homebred, which is generally attributed to him.

rect the law studies of his Lordship's sons; as, however, he had but one son, who never followed the law as a profession, this statement seems very doubtful. It is, nevertheless, certain, that an acquaintance was about this time formed between Lord Macclesfield and Mr. Yorke, which resulted in a firm and life-long friendship, and proved a most fortunate circumstance for the young lawyer.

On the 27th of May, 1715, Mr. Yorke was called to the bar, being then in his twenty-fifth year. On commencing practice, one of the earliest causes in which he was engaged was that of the King against Dorrell and others, for endeavoring to raise the Pretender's standard at Oxford and Bath; in this cause he was employed by the Crown as junior counsel, and the indictment was drawn by him. From this time his practice and reputation rapidly increased, so as to excite the jealousy of the older barristers, and give rise to various tales turning upon the undue favor shown for his protégé by Lord Macclesfield. Mr. Harris observes that it has been asserted

That Yorke was at first so far dependent on the countenance of Lord Macclesfield, that when the latter was promoted to the Chancellorship, the former abandoned his practice in the King's Bench and removed into the Court of Chancery. Perhaps the correctness of both these stories, which have been reiterated by Lord Campbell in his Lives of the Chancellors,' may be best judged of by the fact, which appears on reference to the reports before cited, that though Mr. Yorke's name does not once occur in the cases tried in the King's Bench while Lord Macclesfield presided there, yet the very term that his Lordship was promoted to the Chancellorship, Mr. Yorke is mentioned as being engaged in the Court of King's Bench in the first case in which the name of the counsel conducting it is recorded, being that of Brake v. Taylor, already alluded to, as also in the two following cases; and from that period his practice in the King's Bench was evidently large and increasing." p. 77.

It has generally been stated that Mr. Yorke's first start on his successful career was due to an intimacy formed with Mr. G. Parker, only son of Lord Chief Justice Macclesfield, who was a fellow student of the same inn of court as Yorke. Mr. Har- Mr. Salkeld's extensive connexion and ris supposes this to be an error, and thinks practice were undoubtedly instrumental in it more probable that Yorke was introduced advancing the progress of Mr. Yorke; but, to his Lordship's notice by Mr. Thomas as Mr. Harris justly observes, neither the Parker, nephew to Lord Macclesfield, and advantages to be derived from that gentlea colleague with Yorke at Mr. Salkeld's. man's friendship, nor the favor of Lord With this gentleman Mr. Yorke maintained Macclesfield, could do more than present a strict intimacy through life, and promoted opportunities for distinguishing himself, him in acknowledgment of the favors he which would have been of no avail had Mr. had previously received from his uncle. It Yorke been deficient in ability to take adhas been said in Campbell's Lives of the vantage of them. And in continuation :Chancellors,' and other works, that Mr. "The grand turning point in a barrister's proYorke was recommended to Lord Maccles-fessional career, the real change which occurs field by Mr. Salkeld, as a fit person to di- in his condition,-is that which takes place when,

1848.]

THE LIFE OF LORD CHANCELLOR HARDWICKE.

from being employed because his client would be the young barrister seems to have led the useful to him, he is now employed because he is Government of the day to secure his able thought useful to his client. From a dependent

on others, he at length rises, not only into an in-support in the House of Commons, and the dependent man, but henceforward he sees others expenses of his election are said to have The electors of dependent upon him. To the attainment of this been defrayed by them. all must look forward who desire success in their the borough, however, seem to have been career. Until this grand point is gained, no cer- well satisfied with their new representative, tainty can exist of ultimate triumph, or even of since among the MSS. at Wimpole is prefurther advancement. served the following address to the Duke of Newcastle, the patron of the borough.

"Not only did Yorke take due care to qualify himself by hard reading and extensive research before his call to the bar, for the successful pursuit of his profession, but when he commenced practice, he appears to have attended all the different courts, both law and equity, and to have taken very elaborate notes of their proceedings. Among his papers are several note-books, containing very full reports of the judgments on matters of leading importance which were delivered by the different courts at that time, comprising several by Lord Chief Justice Parker, Lord Chancellor King, Lord Macclesfield, and Sir Joseph Jekyll."—p. 81.

And herein, doubtless, consisted the secret of Mr. Yorke's success. By his own natural ability and industry he was well qualified to avail himself, to the utmost, of the opportunities for distinction which now rapidly poured in upon him; and, such being the case, we need not feel surprise at the rapidity of his rise in the profession he had chosen, and which excited the envy of those of his fellows who were less assiduous or less gifted by nature.

"Yorke's success," says his biographer, "now appears to have exceeded even the fondest expectations of his friends; and Mr. Morland's doubts as to his diligence must by this time have been entirely dissipated. His early struggles in his youth, his witnessing the poverty which we are fold prevailed at home, and the feeling that he was himself so far dependent on the liberality of others, would no doubt have a powerful effect in stimulating him to exertion, however indolent he might naturally have been. This would operate as much to drive him on, as ambitious feelings would to encourage him in his career. Many of the most successful lawyers have in their earliest days felt the pressure of poverty; and not a few, perhaps, have been largely indebted to this circumstance. Lord Thurlow's advice to the friends of a young barrister of indolent habits, was to let him spend all he had, then marry, and run through his wife's fortune, after which (when no resources remained but from his profession), he might hope for high success."-p. 86.

"To his Grace, the Duke of Newcastle, "Lord Chamberlaine of His Majesty's household, May it please your Grace,

"Wee whose names are hereunto subscribed, the constables and inhabitants of the borough of Lewes, having heard your Grace's letter publickly read, doe not only herein return your Grace our hearty thanks for the honour you have done us in recommending soe fitt a person as Mr. Yorke to serve as one of our representatives in Parliament for this town for the present vacancy, butt alsoe beg leave to assure your Grace that wee doe unanimously and entirely approve of him, and shall be ready on all occasions to shew the regard wee have to the favour your Grace has pleased to lay upon us.

"Your Grace's most obliged and obedient humble servants."-p. 91.

In the House of Commons, Mr. Yorke seems to have been far more successful, as a debater, than the generality of members of his profession. He has been placed in a very moderate rank, as an orator, by Lord Campbell and other biographers; but, as Mr. Harris justly observes, from the attention which his speeches commanded, and the care with which they were replied to by leading members of the House, it is evident that his merits as a debater and an orator were of no ordinary description, especially at a period when the House of Commons abounded with men of great talents and distinguished acquirements."

On the 16th of May, 1719, a fortnight after his election for Lewes, Mr. Yorke, then considered to be one of the handsomest men of his time, was married to the young and beautiful widow of Mr. William Lygon. This young lady was the daughter of Mr. Charles Cocks, of Worcester, who is described as "a highly respectable, though somewhat eccentric magistrate and country gentleman, who had married Mary, the eldest sister of Lord Chancellor Somers." In the year 1719, four years after his call The old gentleman is said to have deto the bar, we find that "Philip Yorke, murred, on finding that the claimant for Esq., counsellor at law, is chosen a repre- his daughter's hand had neither rental nor sentative of the borough of Lewes, in Sus-writings to show; and before he would sex, in the room of John Morley Trevor, consent to the match, made further inquiJoseph Esq., deceased." The rising reputation of ries of his brother-in-law, Sir

Jekyll, as to the position and prospects of ly entered upon that course of prosperity the suitor. He little suspected that within which scarcely ever failed him to the close a century from the time the then ennobled of his lengthened career. house of Hardwicke would return the compliment, by furnishing a bride for one of his own descendants.*

About this time was discovered a conspiracy to overturn the government, in which several persons of distinction were impliIn the summer of 1718, Mr. Yorke went cated. The discovery seems to have caused the Western circuit, in which he is reported an extraordinary degree of excitement to have had his full share of business, al- throughout the country, and strong meathough the first time he had practised out sures were adopted for the suppression of of London. In the spring of the year 1720, an apprehended insurrection. Among other he had proceeded as far as Dorchester, on persons taken into custody on suspicion of the same circuit, when he was recalled to being concerned in the movement, were Dr. London by the Lord Chancellor Parker, Atterbury, Bishop of Rochester, Lord North who had bestowed on him the office of So- and Grey, and the Duke of Norfolk; but licitor-General, in the room of Sir William the prime mover and originator of the conThompson. He was sworn in on the 22nd spiracy seems to have been a barrister-atof March, 1720. On this appointment law, named Layer, who was executed at Mr. Harris has the following remarks Tyburn on the 18th of May, 1723, for the

offence. The Bishop of Rochester was deprived of his preferments and banished. In the trials of the conspirators Sir Philip Yorke, as Solicitor-General, was, of course, actively engaged; and in 1722 he was occupied in a legal inquiry into the conduct

"Great dissatisfaction is said to have been evinced, and not unjustly so, it must be allowed, at the promotion of so young a man over the heads of many of his seniors well able to fill the office; and considerable odium was in consequence excited against the Chancellor, as well as against Yorke himself; but which the latter, by his kind of Dr. Wilson, bishop of Sodor and Man, demeanor and good bearing, managed soon to

overcome.

who had been imprisoned and fined by the governor of the Isle of Man for forbidding "It cannot, however, be denied that Mr. the governor's lady to partake of the holy Yorke's extraordinary ability and rapidly increassacrament. The bishop appealed to the ing practice afforded, to a certain extent, an English government against these measures: apology for the Chancellor's preference of him on this occasion; and that his subsequent distinguisha report of his case was drawn up by Sir ed success in this office supplied an ample excuse Robert Raymond and Sir P. Yorke, and for this proceeding. He who, although a mere laid before the council. The treatment of novice in his profession, was not only able to the bishop was declared unjust, and the contend with, but to overcome, in arguments of fine remitted. the first importance, Sergeant Pengelly, and the

On the 31st of January, 1724, Sir P. other leaders at the bar, ought not, in fairness, on Yorke was promoted to the office of Ataccount of his youth, to have been deprived of those rewards, to his desert of which his youth torney-General, in consequence of certain had formed no impediment. The appointment legal promotions and appointments which was legally and constitutionally vested in the then took place. Thus in less than nine Chancellor, who alone was answerable for its years from his entering the profession, Sir being properly disposed of; and no one could say Philip found himself at its head. that the choice was either a bad or a corrupt one."―p. 99.

Soon after his promotion, the new Attorney-General was engaged in the prosecution of the notorious Jack Sheppard, and On the 2nd of April, 1720, Mr. Yorke the no less notorious Jonathan Wild. Nuwas re-elected member for Lewes; he soon merous extracts from the public journals of afterwards received the honor of knighthood, the day relating to these celebrated characand was chosen a bencher of the Middle ters are given, and, together with others Temple. Some time previously he had relating to the lawless outrages in the mebeen elected Recorder of Dover, "a piece tropolis and various parts of the country, of preferment which he prized highly, and retained through life."

He may now be considered as having fair

The present Countess Somers being the great grand-daughter of the first Earl of Hardwicke; and the present Earl Somers a descendant of "old Master Cocks," of Worcester.

afford a curious picture of the times. But the most extraordinary of the criminal proceedings instituted at this period, were those adopted against Sir P. Yorke's early friend, the Earl of Macclesfield, Lord High Chancellor, relative to his connivance at "certain venal practices touching the sale

of places of the Masters in Chancery, and at served his warmest gratitude, could not demand of the embezzlement of the money of the sui-him the neglect of his duty, either public or private. tors deposited with the latter." From his A man is in honor bound to defend his friend, above all one to whom he is under obligations, position as Attorney-General, it was of course Sir P. Yorke's duty to appear as did not fail to do openly in the House of Commons, against unjust attacks; and this Sir Philip Yorke leading counsel against the culprit; he, where he endeavored to procure a miscarriage of however, though with some difficulty, pre- the prosecution, by opposing a re-commitment of vailed on the government to release him the articles of impeachment, as already stated, and from the duty. where also he vigorously repelled the personaliThe Attorney-General has been severely ties of Sir Thomas Pengelly, and other private censured for the part he took in this busi-enemies of the Chancellor, during the very heat of ness: the following remarks of Mr. Harris appear to meet the merits of the case, and as we think, completely exonerate Sir P. Yorke from all blame in the matter.

He refused to appear against his patron, in which he acted quite right; although, after all, it is undeniable that Sir P. Yorke's merits well deserved all the favor he obtained from Lord Macclesfield. But though he could not, especially in his official position, stand forth as his friend's advocate, or the defender of his misconduct, he never hesitated, openly and at all hazards, to shelter him from unjust obloquy or

the contest, and when his friend's cause was most overwhelmed with odium; but he is not bound on all occasions to stand forward as his friend's supporter, where he has been guilty of base and unjustifiable conduct in cases in which the other had no concern. Besides, the patronage which Lord "The conduct of Sir Philip Yorke with respect Macclesfield had bestowed on young men of merit to his friend and patron the Earl of Macclesfield, was not only no part of his offence, but formed on the occasion of his fall, has been sometimes the only substantial portion of his defence, or made the subject of animadversion; but those who rather extenuation of the ill conduct of which he have censured him have not attempted to define had been guilty. Had Sir Philip Yorke resigned exactly in what way he acted incorrectly, or to the Attorney-Generalship, and devoted himself to state what course it would have been proper for the cause of his fallen patron, he could have had him to pursue. That he did right in not allowing no chance of serving him, the facts of the case behimself, even in his official capacity, to be em- ing clear beyond a doubt, as was also the gross ployed against this nobleman, can hardly be misconduct of Lord Macclesfield, in acting as he doubted; though had he not been so scrupulous, did. And the Attorney-General, by giving up his both excuses and precedents, and in one instance office, must have necessarily lost a large share of at least on very high authority, might have been the influence which he possessed while holding it, found for this course; and it is evident that the and which he was enabled to exert in mitigation government, by their hesitation to release him of the efforts of the enemies of Lord Macclesfield. from this duty, did not consider that under the cir"On the whole, therefore, I cannot but think cumstances he should have refused to act, in his Sir Philip Yorke's conduct in this instance was capacity of Attorney-General, as the leading coun- just what it ought to have been. sel against the unfortunate Earl. Ought he then to have stood forward as the champion and defender of Lord Macclesfield, who, on such an occasion, required his assistance; and who had befriended him, and even incurred much odium by the extent to which he had done this, when such patronage was of the highest importance to Yorke, and to which he was actually indebted for his present high position? Independently of the anomalous situation in which, as the first law-officer of the crown, he would have been placed by this course, there were two great objections to it:-In the first place, by allowing the Attorney-General to appear on behalf of Lord Macclesfield, the government would seem as though they desired to shelter him; or at any rate it could not be supposed that they were very anxious that the charge should be fully investigated, as the case imperatively demanded. And in the next place, connected as Sir Philip Yorke was with Lord Macclesfield, it would That this was really the case is evident have afforded a belief, had he thus stepped out of from a letter written shortly before the his course to defend the Earl in such a case as death of the Earl of Macclesfield, in which this, that he had been connected with him in the he congratulates Sir Philip on the near nefarious practices of which he was accused, a prospect of the great seal being bestowed suspicion of which has never yet been hinted at by upon him, and recommending to his notice a any one. True indeed it is, that Lord Macclesfield's patronage of Yorke, and more especially when Chancellor. The letter breathes the person who had been in his employment his promotion of him to the Solicitor-Generalship, excited odium against the former, and may have warmest sentiments of gratitude and friendcontributed to add fuel to the flame which was ship. then raging against him; but this, though it de

accusation.

The best proof, indeed, of the correctness of this view of the case, is afforded by the behavior towards Sir Philip Yorke of Lord Macclesfield himself, who at least would not be unduly prejudiced in favor of his conduct here. The good feeling between them continued unbroken, and Lord Macclesfield to the end of his days regarded him as one of his friends, and continued to correspond with him."-p. 176.

În 1725, Sir Philip Yorke purchased the

manor and estate of Hardwicke, in Giou- |lated the streets in a tumultuous manner, cestershire; and Mr. Harris mentions a but chiefly in a more harmless explosion singular epistle among his papers, which than that of Edinburgh, the particulars of must have been addressed to him soon after which are thus recorded by Lord Hardwicke he became the proprietor of Hardwicke, in one of his legal note books. and is from a person resident in the parish, informing him that the "Vicker," as the writer terms him, was just beginning to collect his tithes, and that several of the parishioners had resolved to resist him; in which fraudulent undertaking His Majesty's Attorney-General was respectfully invited to join. It is a pity that Sir Philip's reply to this invitation has not been preserved.

"July 14th, 1726. "On this day, being ye last day ye term, a most impudent & audacious act of sedition was perpetrated in Westmr Hall. Abt the hour of two, ye Hall being then fullest of people, a parcel or packet containg several papers, & some sheets of sev1 Acts of Parliamt, & likewise a quantity of gunpowder, was laid on the steps which runs along on ye outside of ye Chancery bar; & being observed to smoke, was thrown from thence upon

ye lands place of ye stairs wch ascend to the & blew up, both those cts, as well as the Com. Courts of Chan. & King's Bench, when it fired Pleas, being then sitts. The Hall was instantly

On the death of the king, George the First, in 1727, Sir Philip was re-elected for Seaford without opposition. He had sat for this borough since 1722, when he re-filled with smoke, & at ye instant, either by linquished his seat for Lewes.

means of ye explosion of ye gunpowder, or by being dropped during the hurry and confusion, or most probably by both those ways, were dispersed great numbers of seditious libels in ye words and figures following :

66 66

On the 24th of March, 1733, died Lord Chief Justice Raymond; and although the Duke of Somerset wrote several times to Sir Philip to solicit his acceptance of the ""Wednesday, July 14, 1736. vacant office, his appointment did not take By a general consent of the citizens & tradesplace until the 31st of October, when he men of London, Westmr & ye Boro' of Southwark, became Lord Chief Justice in Lord Ray- this being the last day of term, were publicly mond's stead, and on the 23rd of the fol- burnt between the hours of twelve & two at the lowing November he was raised to the Royal Exchange, Cornhill, at Westmr Hall, (the peerage by the title of Baron Hardwicke, of Court then sitting) & at Margaret's Hall, SouthHardwicke, in the county of Gloucester; facture of this kingdom, & the plantations therewark, as destructive of the product, trade, & manuMr. Talbot succeeding Lord King about unto belonging, & tending to ye utter subversion of the same time as Lord Chancellor. One ye liberties & properties thereof, the five following of the first acts of the new Chief Justice, finished books or libels, called Acts of Parliamt, viz.: was to bestow on Mr. Salkeld, his former master, "the office of Clerk of Errors in the Court of King's Bench;" on this pointment Mr Harris thus observes :

-1. An Act to prohibit the sells of distilled spiritual liquors, &c. 2. An Act entirely to extinguish ye ap-3. An Act to prevent carriages and passengers comsmall remains of charity yet subsisting amongst us. ing over London Bridge, to ye great detriment of ye Boro' of Southwark. 4. An Act to seize all innotrade and commerce of ye City of London, & ye cent gentlemen travelling with arms for their own defence, called the Smuggler's Act. 5. An Act to enable a Foreign Prince to borrow £600,000 of money sacredly appropriated to the payment of

"Most satisfactory is it to be able to state that Lord Hardwicke took this opportunity of obliging a friend, to whom he had been at all events much indebted in his early life. And it is the more gratifying in this case, as it affords an additional refutation, if that were needed, of the charge that has been brought against him of neglecting his old friends and early associates ;-an accusation, which, from the numerous instances to the contrary, adduced in this history, 1 need not, how.

ever, hesitate to pronounce as unfounded in fact, as the attempt to fix it on Lord Hardwicke is dis. honest and base.”—p. 262.

our debts.

""God Save the King." "-p 315.

In consequence of the decease of the Lord Chancellor Talbot, which took place on the 14th of February, 1737, the great seal was the same day offered to Lord Hardwicke, who, however, as he says in his About this period a wide-spread spirit of journal, "took some days to deliberate disaffection and disorder prevailed through- thereupon:" in the mean time he was made out England and Scotland. In the latter Speaker of the House of Lords until a new country, Edinburgh became the scene of chancellor should be appointed. On the the famous Porteous riots, rendered classi- 21st of February the great seal was decal by Sir Walter Scott: while in London, livered to his lordship, and he was sworn in popular discontent seems to have vented Westminster Hall on the 27th of April, itself in collecting mobs, which perambu- the first day of Easter Term; Mr. Justice