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greatly furprised at his having ac quired fo great a fhare of bufinefs for fo young a man; and faid to him, "Mr. Yorke, I cannot well "account for your having fo much "bufinefs, confidering how short a "time you have been at the bar : "I humbly conceive" (continued the judge) you must have pub. "lifhed fome book, or are about pub"lishing fomething; for look you, "do you fee, there is fcarcely a "caufe before the court but you are employed in it, on one fide 66 or other; I fhould therefore be "glad to know, Mr. Yorke, whe"ther this is the cafe." Such a curious way of accounting for Mr. Yo:ke's run of bufinefs could not but force a fmile from him; and it determined him to make the judge fuch a reply as might put an end to fo fulfome a compliment: he therefore told the judge, he had indeed fome thoughts of publishing a book, but that he had made no progrefs in it as yet at which the judge, pleafing himself for having made fo happy a difcovery, became importunate with Mr. Yorke to let him know the fubject of this book; which put him upon telling the judge, that he had thoughts of publishing Coke upon Littleton in verfe; but that he had gone but a very little way in it: this however tickled the judge's curiofity still more; and telling Mr. Yorke, that it was fomething fo new, and must be fo entertaining, he begged him to oblige him with the recital of a few of the verfes; when Mr. Yorke, finding the judge 'would not drop the subject, bethought himself he could not get rid of it better than by giving, by way of a fpecimen, fomething in the judge's own words, and introducing the phrafes he himfelf was in the habit of making ufe of upon all occafions, let the fubject be what it would. Therefore, accompanying

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"Such a specimen as this, it may eafily be conceived, was enough to fatisfy the judge; but however that might be, the reft of the company could not but be under fome difficulty to refrain from laughter: and it ferves at least to prove, that Mr. Yorke had a ready wit, and a good deal of pleafantry about him.

"It was Powis's misfortune to be fo addicted to blunders, that the late duke of Wharton, who was the brighteft genius perhaps of the age wherein he lived, though, unhappily for himself and his country, he was at the fame time the most profligate of mankind, took occafion to introduce judge Powis into a lampoon; wherein the duke was very fevere on feveral of the judges of that time. He was however not wanting in doing juftice to the character of fuch of them as were deferving.

"I have not the poem by me, nor can I pretend to remember the whole of it, it being now above forty years fince I read or have feen any thing of it; but some of the verfes are fill fresh in my memory, and particularly what related to judge Powis, with regard to whom the duke fays,

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cluded the whole of his poem with the following couplet:

"Then will I cease my charmer to adore, "And think of love and politics no more."

"Mr. Yorke, as he was poffeffed of great convivial pleafantry, to relieve himft If under the preffure of bufinefs in his profeffion, and his engagements in public affairs, even when he became fir PhilipYorke, and his majesty's attorney-general, would fometimes enjoy himself in the company of men of genius, like himself; and once, upon his dining with Mr. Taylor, (commonly called Joe Taylor of Bridewell, then member of parliament for the borough of Petersfield, in Hampshire) at his houfe at Stanmore, in Middlefex, where lord Bolingbroke made one of the company, his lordfhip took occafion jocularly to afk fir Philip Yorke, whether he was never a rake in his younger days. Sir Philip's reply was, that he must confefs he never was a rake, for that indeed he was fo early immersed in business, that he never had any time to be one; upon which lord Bolingbroke expreffed himself to be not a little pleafed with the reafon fir Philip had given him; for, faid his lordfhip, he was perfuaded no one could ever diftinguish himfelf, and make his way in life in the manner fir Philip had done, unless he had been a rake, or at leaft had the feeds of a rake in him. Such a compliment as this, however lord Bolingbroke might apply it to fir Philip Yorke, yet the reft of the company prefent could not but understand it with a view of making ftill a greater compliment upon himfelf, as fhining abilities and rakery were fo confpicuously united in ford Bolingbroke's ⚫ own character. This account of the converfation that palled between

him and the late lord Hardwicke I had from Mr. Taylor himfelf, at whofe houfe, and in whofe company it happened.

"At the time fir Philip Yorke was attorney-general, Mr. Talbot was folicitor-general, and lord King was lord-chancellor, who had been advanced to that high office, from beingchief juftice of the common pleas, and had diftinguished himself for having been not only a very able common lawyer, but also a good divine; he became however fo far advanced in years, when he held the fcals, as chancellor, that he often dozed over his caufes, when upon the bench; a circumftance which I myfelf well remember was the cafe; but it was no prejudice to the fuitors; for fir Philip Yorke and Mr. Talbot were both men of fuch good principles and ftrict integrity, and had always fo good an understanding with one another, that although they were frequently and almost always concerned for oppofite parties in the fame caufe, yet the merits of the caufe were no fooner fully ftated to the court but they were fenfible on which fide the right day; and accordingly the one or the other of thofe two great men took occasion to ftate the matter briefly to his lordfhip, and inftruct the register in what manner to minute the heads of the decree, fo as that ftrict justice might be done; and fo great was the friendship fubfifting between them, that when it happened that the place of chief juftice of the court of king's bench became vacant, by the death of lord Raymond, and likewite that of lord chancellor, by the death of lord King, although fir Philip Yorke, then attorney-general, was confidered as fuch to be entitled to the feals, in preference to Mr. Talbot; yet, the latter having confined himself very early to the practice of the court of chancery,

chancery, and not having been much converfant inthe practice of the courts ofcommon law, he thought himfelt not fufficiently qualified to prefide in the court of king's bench, on which account, fir Philip Yorke being equal ly competent to prefide either in that court or the court of chancery, it was agreed between them, that fir Philip fhould wave his pretenfions in favour of Mr. Talbot; and the king and the minifty fo well approved of it, that it was fettled among them, that fir Philip Yorke hould have the place of chief juftice of the king's bench, and should have two thoufand pounds a year added to his falary, as chief juftice; which however fir Philip, to his honour, refufed to accept, without its being made permanent to the office of chief justice of that court, by being fecured to his fucceffors; and upon these terms the feals were delivered to Mr. Talbot. In confe. quence of which fir Philip Yorke was created lord Hardwicke, and Mr. Talbot lord Talbot.

"Lord Talbot enjoying his high office but a very few years, which he held with the higheft reputation till his death, occafioned by a polypus at his heart, all men's eyes were immediately turned towards lord Hardwicke, as his fucceffor; to whom the king thereupon delivered the feals; and to do the greater honour to his lordship, fir Rober Walpole, then prime minifter, the then lord prefident of the council, and feveral others of the greateft officers of the state attended him into the court of chancery, while he took his oath of office and his feat therein; and I well remember being prefent in Westminster-hall upon that day, and feeing his lordship afterwards going out of the court of chancery, from fitting as chancellor, into the court of king's bench, where he fat as

lord chief juftice of that court, to give his opinion in a caufe of fome confequence, which had been argued before him there; fo that it may very truly be faid, that he prefided on one and the fame day in the two higheft courts of law and equity in Weftininfter-hall.

"Many years after he had the feals, lord Hardwicke was advanced to the dignity of earl Hardwicke and vifcount Royston, and held them for near twenty years with the higheft reputation to himfelf and benefit of his country; in all which time his ftrength and judgment, his great knowledge of the law, his evennefs of temper, which was never known to be ruffled or difcompofed; and his affability, condefcenfion, and courtesy to all about him, gained him the love and admiration of every one that had occafion to attend the court wherein he prefided.

At length, perceiving or imagining he perceived his faculties growing rather impaired, he thought proper to refign the feals; and accordingly waited upon the king, and delivered them into his majesty's own hands.

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Upon which a droll circumftance happened the first time of his lordship's going to court on a levee day, after having refigned the feals, when advancing near the perfon of the king, and converfing familiarly. with feveral of the miniftry about him, in the manner he had been accuftomed to do; but appearing as a private gentleman, without his gown and the purfe, the ufual infignia that had accompanied him in his office of chancellor, the king abfolutely did not know him, and afked the lord then in waiting who that gentleman was: upon which, being told it was the earl of Hardwicke, his majesty's late chancellor, the king was quite furprized at his own want of recol B 3

lection

lection of one who had been in the habit of attending him near twenty years together, and immediately ac cofted his lordfhip with a fmile, and made him a very obliging apology upon the occafion; the obfervation of which was a matter of pleafantry to all the company then in the drawing-room.

"As the late lord Hardwicke married a daughter of Charles Cocks, efg. of Worcefterfhire, which lady was a niece of lord Somers, I prefume it may be a circumftance that has given you occafion to con. nect what you have to write of the lives of those two great men with your intended history of that county; and being perfuaded you are well acquainted with the feveral branches of the late earl of Hardwicke's own family, I have faid nothing relative to them, although fir Jofeph Yorke, his third fon, now lord Dover, as well as the honourable Mr. Joha Yorke, another of his fons, I have the honour to be perfonally acquainted with; the former had been above thirty years refident ambaffador at the Hague, from the British court to the ftates-general;

ces, which, du i g fo long a series, gave him frequent occafion to exercife his judgment, he always acquit ted himself to the entire fatisfaction of his fovereign, and for the benefit of his country. Of which his prefent majefty was fo fenfible, that the honour of peerage, conferred on fir Jofeph Yorke, proceeded from the king's own mere motion, without the leaft folicitation from any one whatever. A circumftance that greatly enhanced the value of it, as it could not but render it ftill more grateful to his lordship to receive, in fuch a manner, fo diftinguished a mark of approbation and regard from a prince who has been ever known to take pleasure in rewarding thofe that have been peculiarly deferving of his royal favours.

"If you shall think any of these particulars I have mentioned herein, worthy to be introduced into your intended publication, you will keep this letter; otherwise be pleas ed to return it to

SIR,

Your moft obedient fervant, Bath,

and under many critical occurren- Sept. 30, 1788.

JER. BENTHAM."

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[From Dr. AIKIN'S VIEW of the CHARACTER and public SERVICES of that great PHILANTHROPIST.]

HE first thing that struck an

Tubferver on acquaintance with Mr. Howard, was a stamp of extraordinaoy vigour and energy on all his movements and expreffions,

An eye lively and penetrating, ftrong

and prominent features, quick gait, and animated geftures, gave promife of ardour in forming, and vivacity in executing his defigns. At no time

of

"Mr. Howard, though frequently requested, would never fit for his picture; it is therefore no wonder that the portraits of him, given in various works, fhould be all totally unlike. The molt refembling likenefs, by much, is a head sketched by

an

of his life, I believe, was he without fome object of warm purfuit; and in every thing he purfued, he was in defatigable in aiming at perfection. Give him a hint of any thing he had left fhort, or any new acquifition to be made, and while you might fuppofe he was deliberating about it you were furprifed with finding it was done. Not Cæfar himself could better exemplify the poet's

for nothing elfe; at kat he suffered no other object to detain him or draw him afide t. Impreffed with the idea of the importance of his defigns, and the uncertainty of human life, he was impatient to get as much done as poffible within the allotted limits. And in this difpofition confifted that enthufiafby which the public fuppofed him actuated; for otherwife, his cool and fteady temper gave no idea of the character ufually diftinguish

N actum credens, dum quid fupereffet ed by that appellation. He follow

agendum.

"I remember that, having accidentally remarked to him that amongst the London prifons he had omitted the Tower, he was fo ftruck with the deficiency (though of trifling confequence, fince confinement there is fo rare), that at his very firft leifure he ran to London, and fupplied it. Nor was it only during a fhort period of ardour that his exertions were thus awakened. He had the ftill rarer quality of being able, for any length of time, to bend all the powers and faculties of his mind to one point, unfeduced by every allurement which curiofity or any other affection might throw in his way, and unfufceptible of that fatiety and difguft which are fo apt to fteal upon a protracted purfuit. Though by his early travels he had fhewn himself not indifferent to thofe objects of tafte and information which ftrike the cultivated mind in a foreign country, yet in the tours exprefsly made for the purpofe of examining prifons and hofpitals, he appears to have had eyes and ears

ed his plans, indeed, with wonderful vigour and conftancy, but by no means with that heat and eagerness, that inflamed and exalted imagination, which denote the enthusiast. Hence, he was not liable to catch at partial reprefentations, to view facts through fallacious mediums, and to fall into thofe miftakes which are fo frequent in the refearches of the mair of fancy and warm feeling. Some perfons, who only knew him by his extraordinary actions, were ready enough to beftow upon him that fneer of contempt, which men of cold hearts and felfifh difpofitions are fo apt to apply to whatever has the fhew of high fenfibility. While others, who had a flight acquaintance with him, and faw occafional features of phlegm, and perhaps harfhnefs, were difpofed to question his feeling altogether, and to attribute his exertions either merely to a sense of duty, or to habit and humour. But both thefe were erroneous conclufions. He felt as a man fhald feel; but not fo as to mislead him, either in the eftimate he formed of objects of utility, or in his reafonings

an artist in London, engraved in Dublin, and copied for this work. It is fomewhat of a caricature, but has very exactly the expreffion of his countenance when in a very ferious attentive mood. After his death, prince Potemkin had two plafter calls taken from his face, one for himself, the other for the fervant of Mr. Howard."

"He mentioned being once prevailed upon, in Italy, to go and hear fome extraor dinary fine mufic; but, finding his thoughts too much occupied by it, he would never repeat the indulgense." B4

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