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 against unjust attacks; and this Sir Philip Yorke course Sir P. Yorke's duty to appear as leading counsel against the culprit; he, however, though with some difficulty, prevailed on the government to release him from the duty.

The Attorney-General has been severely censured for the part he took in this business: the following remarks of Mr. Harris appear to mect the merits of the case, and as we think, completely exonerate Sir P. Yorke from all blame in the matter.

"The conduct of Sir Philip Yorke with respect to his friend and patron the Earl of Macclesfield, on the occasion of his fall, has been sometimes

did not fait to do openly in the House of Commons, where he endeavored to procure a miscarriage of the prosecution, by opposing a re-commitment of the articles of impeachment, as already stated, and where also he vigorously repelled the personalities of Sir Thomas Pengelly, and other private enemies of the Chancellor, during the very heat of 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 Macclesfield had bestowed on young men of merit was not only no part of his offence, but formed the only substantial portion of his defence, or

did. And the Attorney-General, so scrupulous,

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 by giving 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. He refused to

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 ano- accusation. malous situation in which, as the first law-officer "The best proof, indeed, of the correctness of

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

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 preju

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 govern- diced in favor of his conduct here. The good ment would seem as though they desired to shelter feeling between them continued unbroken, and him; or at any rate it could not be supposed that Lord Macclesfield to the end of his days regarded they were very anxious that the charge should be him as one of his friends, and continued to correfully investigated, as the case imperatively demanded. And in the next place, connected as Sir Philip Yorke was with Lord Macclesfield, it would have afforded a belief, had he thus stepped out of his course to defend the Earl in such a case as this, that he had been connected with him in the he congratulates Sir Philip on the near

spond with him."-p. 176.

That this was really the case is evident from a letter written shortly before the death of the Earl of Macclesfield, in which 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 person who had been in his employment more especially when Chancellor. The letter breathes the 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- In 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.

"July 14th, 1726.

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 re- of gunpowder, was laid on the steps which runs

ply to this invitation has not been pre

served.

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 relinquished his seat for Lewes.

On the 24th of March, 1733, died Lord Chief Justice Raymond; and although the

"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

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 Courts of Chan. & King's Bench, when it fired & blew up, both those cts, as well as the Com. Pleas, being then sitts. The Hall was instantly filled with smoke, & at ye instant, either by 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

:

""Wednesday, July 14, 1736,

Duke of Somerset wrote several times to Sir Philip to solicit his acceptance of the 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, Southwark, as destructive of the product, trade, & manuHardwicke, in the county of Gloucester; facture of this kingdom, & the plantations thereMr. 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 -1. An Act to prohibit the sells of distilled spiritual master, "the office of Clerk of Errors in liquors, &c. 2. An Act entirely to extinguish ye the Court of King's Bench;" on this ap

pointment Mr Harris thus observes :

"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, however, hesitate to pronounce as unfounded in fact, as the attempt to fix it on Lord Hardwicke is dis honest and base."-p. 262.

small remains of charity yet subsisting amongst us.

3. An Act to prevent carriages and passengers com

ingover London Bridge, to ye great detriment of ye
trade and commerce of ye City of London, & ye
Boro' of Southwark. 4. An Act to seize all inno-

cent gentlemen travelling with arms for their own
defence, called the Smuggler's Act. 5. An Act to
enable
Foreign Prince to borrow £600,000 of

a

money sacredly appropriated to the payment of

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 Lee succeeding him as Chief Justice. All seals, at an age when others are scarce made sothe particulars connected with the accep- licitors; then marries his son into one of the first tance of the Great Seal, as well of some families of Britain, obtains a patent for a marimportant events immediately subsequent, quisate, and eight thousand pounds a-year after the Duke of Kent's death; the Duke dies in a relating to the differences between the king fortnight, and leaves them all! People talk of and prince, are minutely detailed in Lord fortune's wheel, that is always rolling: troth, my Hardwicke's journal, but the narrative is Lord Hardwicke has overtaken her wheel, and too long for quotation here.

rolled along with it."-p. 473.

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 present time. efforts." Select extracts only are given,

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: and

of 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

given.

"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, 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 ancient established usages of Parliament, and is a high infringement on the liberties of the subject.' disposition: his brother, Mr. Pelham, After a debate of some length, this motion was seems to have had considerable difficulty in carried by 81 to 54, and a protest against it entered soothing him, and in suspending his fre- by the dissentient peers." p. 505.

quent disagreements with Sir Robert Wal

pole and other members of the administra

The following brief analysis of the

"Among the Chancellor's papers is a Computation of the House of Commons in 1741, made

tion. So much respect does the duke ap- House of Commons elected in 1741, is cupear to have entertained for Lord Hard-rious:wicke, 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.

before their meeting, which contains a calcula

tion 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 these 242 were set down as for the court' and

against it. And it is singular that Cambridgeshire,

About the year 1740, Lord Hardwicke 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 rePhilip Yorke, was married to the only turned by it, 23 were for the court, and only 7 daughter of the Earl of Brcadalbane, 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."

for the court, and 10 against it. Scotland returned 45, 17 of them being Whigs and 24 Tories. The whole Parliament was estimated at

"For the court

Against the court

284

270

waited on His Majesty, who received him graciously, and ordered his guards to be restored. The 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, -р. 508.

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

Yorke.

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 discase made rapid progress through the Commons, to a frightful extent, the account of which meeting with slight opposition from the bears a close resemblance to that of the Earl's friends in the Lower House, from same calamities with which the same unfor- their belief that it would be rejected by the tunate country has been lately visited." 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 disputable 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.

this species of epistolary correspondence. In a letter from Mr. Charles Yorke to his "On the 17th of February the Prince of Wales, brother Joseph, the former tells him that attended by a numerous retinue of his adherents, among Lord Somers's papers which had

1

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 and led to the presentation of a remonbread in England will be concerned in bu- strance to the king against the foreign posiness of state; and declares, "Had I a licy of Lord Granville, whose dismissal son, I would sooner breed him a cobler was demanded; and after much angry recrithan a courtier, and a hangman than a mination, and some threats from His Majesty, was granted: the seals of Secretary

statesman."

In the month of June, 1742, the Duke of State being transferred to Lord Harof Somerset solicited the place of Chief rington.

Baron of the Exchequer for Sir Thomas At the commencement of the year 1745,
Bootle; but Lord Hardwicke, in reply, states the lords justices who, during the absence of
that he could not forward Sir Thomas's in- the king in Hanover, conducted the govern-
terest, as he had already applied in behalf ment, were placed in a peculiarly perplex-
of his friend, Mr. Justice Parker, who, he ing position, from the threatening aspect of
says, " is a near relation to my late Lord affairs, both foreign and domestic, and the
Macclesfield, to whom I had the greatest dissensions by which the cabinet was divid-
obligations in the beginning of my life;" ed. There was, too, a perfect absence of
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. Disa manner lost; episcopal

thority 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.

are

in the

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 anticipa-
tion raised the fears of some and the hopes
of others, was now about to be realized,
and that too at a moment when the govern-
ment was least prepared to meet it. From
this portion of the biography of Lord
Hardwicke, who was one of the most ener-
getic and clear-sighted members of the ca-

binet at this critical juncture, may be
drawn a very complete history of the Re-
bellion of 1745; and the preliminary ob-
servations of Mr. Harris upon the inciting
causes of this revolutionary movement ap-
pear so just, that we are induced to quote
them at length.

"The tracing out the causes 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 the sovereign was unpopular in the nation. His habits were at variance with those of this country. 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 those of his German dominions, a notion not altogether without foundation, as certain docuThe alarm of invasion in the year 1744, ments already quoted will serve to show. And served to bring about a temporary degree | 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, given 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 capable of being turned to good account.

1