The Lord Chancellor Hardwicke, who presided on this occasion, has been
justly deemed one of the brightest ornaments of the woolsack. The son of
an attorney at Dover, as Philip Yorke, he had risen to the highest
offices of the law, by his immense acquirements, and his incomparable
powers of illustration and arrangement. By his marriage with a niece of
the celebrated Lord Somers, he strengthened his political interest,
which, however, it required few adventitious circumstances to secure.
Three great men have expressed their admiration of Lord Hardwicke almost
in similar terms: Lord Mansfield, Burke, and Wilkes. "When his lordship
pronounced his decrees, wisdom herself might be supposed to speak."[361]
In manner, he was usually considered to be dignified, impressive, and
unruffled; and his intentions were allowed to be as pure and elevated,
as his views were patriotic.
On this eventful day, since we cannot reject the testimony of an
eye-witness of discernment, we must believe that party spirit, which had
usually so little influence over his sense of justice, swayed the
prepossessions of Lord Hardwicke. At all events, it affected his
treatment of the unhappy men to whom he displayed a petulance wholly
derogatory to his character as a judge, and discreditable to his
feelings as a man. "Instead of keeping up the humane dignity of the law
of England, whose character is to point out any favour to the criminal,
he crossed them, and almost scolded at any offer they made towards
defence." Such is the remark of Horace Walpole.[362] Comely in person,
and possessing a fine voice, Lord Hardwicke had every opportunity, on
this occasion, of a graceful display of dignity and courtesy; yet his
deportment, usually so calm and lofty, was obsequious, "curiously
searching for occasion to bow to the minister, and, consequently,
applying to the other ministers, in a manner, for their orders;--not
even ready at the ceremonial." Notwithstanding, Lord Hardwicke, on his
death-bed, could with confidence declare "that he had never wronged any
man." The unhappy Jacobites seem, indeed, to have been considered
exceptions to all the common rules of clemency. None of the Royal
Family were present at the trial, from a proper regard for the feelings
of the prisoners, and also, perhaps, from a nice sense of the
peculiarity of their own condition.
Public-domain text, read in full here on John Shaqi.
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