CHAPTER CXXXI.

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL THE DEATH OF QUEEN

CAROLINE.

Censure on Lord Hardwicke for his Conduct to Thomson the Poet, 63. Lord Hard-

wicke as an Equity Judge, 65. Foundation of his great Excellence, 65. His De-

meanour in Court, 66. His Judgments, 68. Lord Hardwicke's Chancellorship con-

sidered the Golden Age of Equity, 69. No Decree of Lord Hardwicke reversed, 69.

His Demeanour on the Woolsack, and Manner of disposing of the judicial Business

of the House of Lords, 69. All Persons believing in a God may be Witnesses, and

are to be sworn in the Manner binding on their Consciences, according to their own

peculiar religious Notions, 71. The Writer, but not the Receiver of a Letter, may

obtain an Injunction against publishing it, 73. Q. as to Rule, that an Abridgment

of a Book may be published against the Consent of the Author, 74. Punishment

for marrying a Ward of Chancery without the Leave of the Chancellor, 74. Law of

Paraphernalia, 75. Woman holding Property under her Husband's Will to go to

another if she marries again, bound to answer a Bill of Discovery as to whether she

has taken a second Husband, 75. Bond given by a Married Man to a Female

whom he had seduced, she knowing that he was a Married Man, void, 76. The

Laws of England do not extend to the Isle of Man, 76. Lord Hardwicke's Decision

respecting the Effect of Attainder for Treason on Scotch entailed Estates, 77. Cen-

sure upon him as regards Law Reform, 78. Commission to inquire into Fees in

Courts of Justice after ten Years makes a Report, 78. Abuse of writing only a few

Words on a Folio Page of Law Proceedings to increase Fees, 79. This Abuse

pointed out by the Report, but allowed to remain unremedied, 79. Lord Hardwicke's

laudable Exercise of Judicial Patronage, 79. Charge against him of stopping the

Promotion of other Judges to the Peerage that he might be the sole Law Lord, 80.

Lord Hardwicke in Politics, 80. Disputes between George II. and Frederick Prince

of Wales, 80. Lord Hardwicke selected to deliver a Reprimand from the King to

the Prince, 81. Bill to punish the Citizens of Edinburgh for the Murder of Captain

Porteous, 82.

CHAPTER CXXXII.

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL THE RESIGNATION OF SIR

ROBERT WALPOLE.

Death of Queen Caroline, 82. Lord Hardwicke's Speech for keeping up the Army, 83.

Plan of the Opposition to involve the Country in a War with Spain. 84. Debate on

Convention with Spain to settle Differences, 85. Vindication of Lord Hardwicke

from the Charge of encouraging War, 85. National Infatuation, 86. Misconduct

and Imprudence of Walpole in yielding to the War Cry, 86. Lord Hardwicke eager

for prosecuting the War with Spain, 87. His Speech on the Liberty of the Press, 87.

Danger of abusing and of abandoning Privilege, 88. Lord Hardwicke's Attack on

the Opposition Peers, 88. His unsuccessful Vindication of the Government from

the Charge of slighting the House of Lords, 90. And the unskilful Conduct of the

War, 90. Prorogation, 90. Downfall of Sir Robert Walpole, 90. Treachery of the

Duke of Newcastle, 91. Vindication of Lord Hardwicke, 91. His Speech in Defence

of Walpole, 92. New Parliament, "Second Sight" of the Scots, 93.

CHAPTER CXXXIII.

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL THE BREAKING OUT OF THE

REBELLION OF 1745.

Lord Hardwicke's Anxieties on the Dismissal of Sir R. Walpole, 93. Formation of

the new Administration, 94. Lord Hardwicke's Speech against the Bill for indem-

nifying Witnesses against Sir Robert Walpole, 95. Parliamentary Reports by Dr.

Johnson, 96. Lord Hardwicke's Influence, 96. Lord Hardwicke's Speech to defend

the Employment of Hanoverian Troops, 97. Death of the Earl of Wilmington, 97.

Mr. Pelham succeeds him, 98. Ascendency of Lord Hardwicke, 98. Scene between

George II. and Lord Hardwicke, 98.

CHAPTER CXXXIV.

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL THE DEATH OF FREDERICK

PRINCE OF WALES.

Rebellion of 1745, 100. Message from the Crown, and Address, 100. Sir R. Wal-

pole's (Lord Orford's) Speech in the House of Lord's, 100. Apathy in the Public

Mind, 100. Character of Walpole as a Minister, 101. New Law of Treason, 102.

Opposed by the Duke of Bedford, 102. Impolicy of the new Law, 103. Breaking

out of the Rebellion, 102. King's Return from Abroad, 104. His Indifference, 104.

King's Speech, written by Lord Hardwicke, 104. State of the Public Mind, 105.

Success of the Rebels, 106. Q. What would have happened if the Rebels had

marched on from Derby to London? 106. Ministerial Crisis, 106. Victory of Cul-

loden, 107. Trial of the Rebel Lords, 107. Lord Hardwicke's Address to them,

108. Sentence passed by Lord Hardwicke, 109. Lord Lovat, 110. Lord Hard-

wicke's preliminary Address to him, 110. Unjustifiable Length of the Speech in

pronouncing Sentence, 111. Scandalous Execution of Charles Radcliffe on an old

Attainder, 111. Excellent Measure of Lord Hardwicke for abolishing hereditary

Jurisdictions in Scotland, 112. He is thwarted by the Scotch Judges, 113.

Speech in defence of it, 114. Power of Parliament over the Articles of Union, 115.

Lord Hardwicke's "Coercion Bill," 117. Highland Garb to be abolished, 116.

Effect of this Bill, 116. Quiet Times after the Rebellion, 117. Lord Hardwicke's

Speech on the Mutiny Bill, 119.

CHAPTER CXXXV.

His

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL HE RESIGNED THE GREAT

SEAL.

Regency Bill, 120. Lord Hardwicke supports the Bill for the Reformation of the

Calendar, 120. Bill respecting the forfeited Estates in Scotland, 121. Lord Hard-

wicke's Jew Bill, 122. Lord Hardwicke's Marriage Bill, 122. Defects in the old

Law of Marriage, 123. Defects in the new Measure, 124. Opposition to it in the

Commons, 124. Attack by Henry Fox on Lord Hardwicke, 124. Attack by Lord

Hardwicke on Henry Fox, 124. Death of Mr. Pelham, 125. Lord Hardwicke's

Letter to Mr. Pitt, describing the State of Parties on the Death of Mr. Pelham, 125.

Lord Hardwicke created an Earl, 126. Duke of Newcastle Prime Minister, 126.

Lord Hardwicke's Speech in the House of Lords against the Militia Bill, 127. Ad-

miral Byng's Retreat without relieving Minorca, 128. Weakness of the Minister,

128. Murray resolves to leave the House of Commons, and insists on being ap-

pointed Chief Justice of the King's Bench, 129. Resignation of the Duke of New-

castle, 129. Lord Hardwicke resolves to resign, 130. His motives, 130. His Re-

signation, 130.

CHAPTER CXXXVI.

CONTINUATION OF THE LIFE OF LORD HARDWICKE TILL THE DEATH OF GEORGE II.

Lord Hardwicke an ex-Chancellor, 131. His Fortune and Provision by Office for his

Family, 131. His first Appearance at the King's Levee as an ex-Chancellor, 131.

Lord Hardwicke's Behaviour out of Office, 132. He opposes the Bill for releasing

the Members of the Court-Martial on Admiral Byng from their Oath of Secrecy,

132. Formation of Mr. Pitt's first Administration, 133. Letters from Lord Hard-

wicke to Mr. Pitt, 133. Difficulty about the Disposal of the Great Seal, 134. Lord

Hardwicke assents in disposing of the Great Seal, 135. Lord Hardwicke to Mr.

Pitt on the new Ministry, 135. Lord Hardwicke as a Member of Mr. Pitt's Cabinet,

136. He opposes Bill to amend Habeas Corpus Act, 137. Censure on Lord Hard-

wicke for doing nothing as a Law Reformer, 137. Lord Hardwicke at the Conclu-

sion of the Reign of George II., 137.

CHAPTER CXXXVII.

CONCLUSION OF THE LIFE OF LORD HARDWICKE.

Accession of George III., 139. First Speech of King George III., 139. Lord Hard-

wicke lauds excessively the Measure to prevent the Dismissal of Judges at the

Commencement of a new Reign, 140. Lord Hardwicke in Opposition, 141. Pre-

liminarles of Peace, 142. Lord Hardwicke's Speech against the Peace, 142. Lord

Hardwicke's Speech against the Cider Bill, 144. John Wilkes, 145. Lord Hard-

wicke's Letters to his Son, giving an Account of Negotiations for forming a new

Ministry, 145. Lord Hardwicke struck with a mortal Disorder, 151. His Opinion

of Parliamentary Privilege in Wilkes's Case, 151. His Death, 151. His Epitaph,

151. His Character, 152. His Long Career, 153. His Love of Money, and bad

Manners, 153. Cooksey's Account of him in Society, 153. Chalmers, 154. His

Estrangement from Literature and Men of Letters, 154. His Letter to Lord Kames,

155. Whether a good Classical Scholar? 156. His Poetry, 156. No personal

Anecdotes of him, 157. Observation upon him by Horace Walpole, 158. Danes

Barrington, 158. Lord Chesterfield, 158. His Marriage happy, 158. Character of

Lady Hardwicke, 159. Absurd Charge against her, 159. His Children, 159. His

present Representative, 159.

CHAPTER CXXXVIII.

LIFE OF LORD CHANCELLOR NORTHINGTON FROM HIS BIRTH TILL HE RECEIVED THE

GREAT SEAL.

Glance at Character and History of Lord Northington, 160. His Family, 160. His

Birth, 161. His Education at Westminster, 161. At Christ Church, 162. His Love

of Port Wine, 162. Entered of the Inner Temple, 162. His Legal Studies, 162.

He is called to the Bar, 163. Practices in the King's Bench, and goes the Western

Circuit, 163. He is challenged to fight a Duel by a Quaker, 163. His Gaieties at

Bath, 163. He is in Love, 164. His Marriage, 164. His narrow Circumstances,

164. Death of his elder Brother, 165. He is elected Recorder of Bath, and M. P.

for that City, 165. He attaches himself to Leicester House, 165. No Trace of his

Speeches in the House of Commons, 165. Death of Frederick Prince of Wales, 166.

Henley Solicitor General to George Prince of Wales, afterwards George III., 166.

His Success with a Silk Gown. 166. He is made Attorney General to the King, 166.

He practices in Court of Chancery, 166. Political Changes before Formation of Mr.

Pitt's Ministry, 166. Henley receives the Great Seal as Lord Keeper, 167. His

Interview with Chief Justice Willes, 168.

CHAPTER CXXXIX.

CONTINUATION OF THE LIFE OF LORD NORTHINGTON TILL THE DEATH OF GEORGE II.

His Political Insignificance, 169. Lord Keeper Henley as an Equity Judge, 169.

Hardships upon him when his Decrees were reversed, 170. His Judgments reported

by his Grandson, Lord Henley, 170. Decree setting aside a Deed of Gift obtained

by religious Imposture, 171. His famous Decision in Burgess v. Wheate, 172. Per-

petuities, 172. Censure upon him by Lord Eldon, 173. His Blunder in Drury v.

Drury, 173. He is made a Peer to preside at the Trial of Lord Ferrers, 174. His

Demeanour on this occasion, 174. His Speech in passing Sentence of Death, 175.

His Humanity to the Prisoner after the Conviction, 176.

CHAPTER CXL.

CONTINUATION OF THE LIFE OF LORD NORTHINGTON TILL HE RESIGNED THE GREAT

SEAL.

Accession of George III., 177. Henley elevated to the Dignity of Lord Chancellor,
and Earl of Northington, 177. His Application to the King to abolish after-dinner
Sittings in Court, 177. He adheres to Lord Bute, 178. Resignation of Lord Bute,
and Ministry of Duke of Bedford, 178. Ascendency of George Grenville, 178. Lord
Northington Lord High Steward at the Trial of Lord Byron for Murder, 179. Forma-

tion of the Rockingham Administration, 180. Repeal of the Stamp Act, 180. Power

of Parliament to tax the Colonies, 180. Lord Northington's Invective against the

Americans, 181. Lord Mansfield's Disclaimer, 182. Lord Northington wishes a

Change of Government, 182. Coalition between George III. and Mr. Pitt to turn

out Lord Rockingham, 183. Lord Northington's Scheme for turning out the Rock-

ingham Administration, 183. Lord Northington advises the King to send for Mr.

Pitt, 184. The King's Letter to Mr. Pitt, 184. Lord Northington's Letter to Mr.

Pitt, 185. Mr. Pitt's Letter to Lord Northington, 185. Mr. Pitt's Letter to the

King, 186. Lord Northington to Mr. Pitt, 186. Same to Same, 186. Formation

of Mr. Pitt's last Administration, 187. Lord Northington resigns the Great Seal,

and is appointed President of the Council, 187. Anecdote of his Disposal of Livings

in the Church, 188.

CHAPTER CXLI.

CONCLUSION OF THE LIFE OF LORD NORTHINGTON.

Pension, &c., to Lord Northington, 189. Order in Council against the Exportation of

Corn, 189.
Lord Northington contends that this was lawful, and that a Bill of In-

demnity was unnecessary, 190. Lord Mansfield refutes him, 190. Lord Northing-

ton desirous of retiring, 190. Joint Representation of the Duke of Grafton and Lord

Northington to Lord Chatham, 191. Lord Northington to the Duke of Grafton, ex-

pressing Intention to retire, 191. Same to Same, giving an Account of a Visit to St.

James, 191. Same to Same, on the disordered State of Public Affairs, 192. Lord

Northington to the Duke of Grafton, expressing his Devotion to the King, 192.

Duke of Grafton's Character of Lord Northington, 192. Same to Same, describing

his debilitated Condition, 192. Same to Same, on the Government of Canada, 193.

Lord Northington resigns, 194. His improved Health, 194. He declines an Offer

to be made Lord Privy Seal, 194. Lord Northington to the Duke of Grafton, in

reference to Wilkes, 194. Lord Northington's Amusements in his Retirement, 195.

His Confessor, 195. His Death, 195. His Monument, 195. His Descendants, 195.

His Character, 196. As a Judge, 196. Not a Law Reformer, 197. His Enjoyments,

197. His Stories, 197. His Habit of Swearing, 197. His Morality and Piety, 197.

Amiable in Domestic Life, 197. His Person, 197. His Descendants, 198. His

present Representative, 198.

CHAPTER CXLII.

LIFE OF LORD CHANCELLOR CAMDEN FROM HIS BIRTH TILL THE DEATH OF GEORGE II.

Great Merits of Lord Camden, 198. His Family, 199. Lord Chief Justice Pratt, his

Father, 199. Birth of Charles Pratt, 199. At Eton, 200. At Cambridge, 200. At

the Temple, 201. Called to the Bar, 201. He is long without Business, 201. His

Despair, 201. Poetical Address to comfort him, 203. He resolves to go into the

Church, 203. Advice to him from Henley (Lord Northington,) 203. His first

Speech, 204. His sudden Success, 204. He is Counsel for the Defendant in a

Prosecution ordered by the House of Commons, 204. His Assertion of the Right of

the Jury to consider the Character of the Publication charged to a Libel, 205. He

obtains the Verdict in spite of the Judge, 205. He receives a Silk Gown, 206. His

Intimacy with Mr. Pitt, 207. Happy Period of his Life, 207. He is made Attorney

General, 207. He is returned to Parliament for Downton, 207. His Marriage, 207.

His Bill to amend the Habeas Corpus Act, 208. The House of Lords at present in

advance of the House of Commons as to Legal Reform, 208. His State Prosecutions

when Attorney General, 209. Rex v. Hensey, for Treason, 209. Rex v. Shibbeare,

for Libel, 209. He conducts the Prosecution against Lord Ferrers, for Murder, 210.

CHAPTER CXLIII.

CONTINUATION OF THE LIFE OF LORD CAMDEN TILL HE RECEIVED THE GREAT SEAL.

Change of Policy at Court on the Accession of George III., 210. Pratt continues

Attorney General after the Resignation of Mr. Pitt, 211. He is appointed Chief

Justice of the Common Pleas, 211. His Expectations of Repose, 211. He an-

nounces his constitutional Principles on a Point of Practice, 211. Imprisonment of

Wilkes, 212. Question of Privilege, 212. Lord Camden's Judgment for liberating

2

VOL. V.

Wilkes, 212. Consideration of the Question of Privilege, 213. Lord Camden's

immense Popularity, 213. His inflammatory Language to Juries, 214. Wilkes's

Action for Damages tried before Lord Camden, 214. Legality of General Warrants,

214. Legality of Warrants to search for Papers, 215. Lord Camden's non-political

Decisions while Chief Justice of the Common Pleas, 215. His Renown at Home and

Abroad, 216. He is raised to the Peerage, 216. His Speech on the Right to tax

the Colonies, 216. Doubts as to the Soundness of Lord Chatham's and Lord Camden's

Doctrine on this subject, 218. He supports the Rockingham Administration, 219.

Negotiations on the breaking up of the Rockingham Administration, 219. Lord

Camden agrees to accept the Great Seal, 221. His Expectations of the new Ad-

ministration, 221. Great Seal delivered to him, 221.

CHAPTER CXLIV.

CONTINUATION OF THE LIFE OF LORD CAMDEN TILL HE BECAME AN EX-CHANCELLOR.

Lord Camden as an Equity Judge, 222. His Qualifications, 223. Defective Reports

of his Decisions, 223. Equitable Points decided by him, 224. Confusion produced

by Lord Chatham's Illness, 224. Character of Lord Chatham's last Administration,

225. Order in Council prohibiting Exportation of Corn, 225. Lord Camden's

Doctrine of Necessity affording a legal Justification to the Breach of an Act of Par-

liament, 225. His famous Expression of "Forty Days' Tyranny," 225. He is

severely chastised by Lord Temple, 225. Mr. Pitt disappears, 227. Passing of the

Act to tax Tea, &c., imported into America, 227. Charles Townshend's new Ad-

ministration, 227. His sudden Death, 227. Duke of Grafton's Administration, 227.

Q. Expediency of making an English Lawyer Chancellor of Ireland, 228. Lord

Camden on the Appointment of an Irish Chancellor, 228. Appointment of Hewitt,

afterwards Lord Lifford, as Irish Chancellor, 230. Proposal to appoint English

Lawyers to be Irish Judges and Irish Lawyers, to be English Judges, reciprocally,

231. Wilkes elected for Middlesex, 231. Alarm of the Government, 231. Lord

Camden to the Duke of Grafton, as to the course to be pursued, 231. Wilkes to be

expelled the House of Commons, 232. Lord Camden to the Duke of Grafton, ob-

jecting to this Proceeding, 232. Wilkes expelled, Lord Camden approving, 233.

Lord Camden condemns all the subsequent Proceedings respecting Wilkes and the

Middlesex Election, 233. Lord Camden to the Duke of Grafton, on the Removal of

Lord Shelburne, 233. Same to Same on the Resignation of Lord Chatham, 234.

Same to Same, as to doubting whether he himself would resign, 234. Lord Camden

remains in Office under the Duke of Grafton, 235. Dispute with America, 235.

Lord Camden to the Duke of Grafton, recommending Conciliation, 235. Lord

Camden to the Duke of Grafton, in defence of Dunning, 236. Cabinet summoned

on Wilkes's Case, 237. Lord Camden to the Duke of Grafton, dissuading violent

Measures, 237. Lord Camden, being overruled, ceases to attend Cabinet Meetings

respecting Wilkes or America, 237. Lord Chatham's Restoration to Public Life, 238.

Lord Camden's Explanation of his Conduct, 238. Resolution to dismiss Lord

Camden, 239. Denunciation against every Lawyer who would agree to succeed him,

239. Ministerial Crisis, 239. Charles Yorke agrees to accept the Great Seal, 239.

Lord Camden surrenders the Great Seal, 239. Lord Camden as a Judge of Appeal

in the House of Lords, 240. Rights of Dissenters, 240. Rex v. Wilkes, 241. The

Douglas Cause, 241. Lord Camden's Judgment, 242. Horace Walpole's Account of

the Douglas Cause, 242. Merits of the Douglas Cause, 243. Lord Camden's Ex-

ercise of his Judicial Patronage, 243. Letter from Lord Camden to Sir Eardley

Wilmot, offering him the Chief Justiceship of the Common Pleas, 243. Nullum

Tempus Act, 243. The Grenville Act, 244.

CHAPTER CXLV.

CONTINUATION OF THE LIFE OF LORD CAMDEN TILL HE WAS FIRST APPOINTED

PRESIDENT OF THE COUNCIL.

Lord Camden's Vindication of his Conduct while in Office, 244. Lord Camden's Opinion

on the question of the Middlesex Election, 245. His Controversy with Lord Mans-

field respecting the Rights of Juries on Trials for Libel, 246. Lord Camden's

Opinion of the Royal Marriage Act, 247. His Speech on "Literary Property," 247.

Lord Camden's Correspondence with the Duke of Grafton while they were opposed