My Lord,

No. CCXII.

From Lord Hardwicke to the Lord President.

London, November 14th, 1741.

AFTER a long intermission of our Correspondence, it is with pleasure that I lay hold of this opportunity to renew it. Upon the death of My Lord Chief Baron Lant, His Majesty has had the goodness, upon my recommendation, to appoint my Friend M' Idle to be his Successor; and as he is this day set out for the North, in order to go to Edinburgh to take possession of his Office this Term, I could not let him depart without intreating your Lordship's favour and Protection on his behalf. His Personal qualities would, I am confident, be sufficient to procure him all proper Regard from a Person of your humane and generous Temper; but the share, which I flatter myself that I have in your Lordship's Friendship induces me to inform you, that he is one of the oldest acquaintance I have in the World; and from that long knowledge of him, I can assure your Lordship, you will find him a perfectly honest worthy Gentleman.

He was called to the Bar at the same time with myself, and has ever since diligently attended Westminster Hall; and for some years past, has had a good share of business in Chancery, in which he has acquitted himself with Ability and Reputation.

Every person who is sent from hence must at first be in some degree a stranger to your forms and methods of proceeding; but I make no doubt that, if your Lordship will afford him the honour and advantage of some advice and instruction, in those matters, from so able and perfect a master as yourself, he will give much satisfaction in the station to which he is advanced. This I am sure of, that you cannot bestow it on any one who will be ready to return it with more gratitude and faithful Service. I have given it him in charge, to give his Office all the attendance that can reasonably be expected, which I am sensible his own inclination would lead him to; and indeed his Situation will make that more easy to him than to most others; for as his estate is not far from York, he can wait on you at Edinburgh with as much ease as he can come to London.

I have now said all, and indeed more than I intended, relating to my Friend. Permit me to inquire after your Lordship's welfare, and to pour out my best wishes that you may enjoy as much Health as you do credit and honour in the important Station you fill. Will that never permit you to revisit this part of the World, and once more glad your friends here with your company? You would find, indeed, many alterations both in persons and things; but none in that unfeigned Esteem and Respect with which I am always,

My Dear Lord,

My Lord,

Your Lordship's most Obedient & most faithful humble Serv',

No. CCXIII.

Mr Murray to the Lord President.

HARDWICKE.

UPON my return to Town the beginning of Oct' I found y" of the 27th of August. The marks it brought me of the continuance of your confidence and friendship gave me infinite pleasure. I am sorry you meet with difficultys in the noble work

you have

undertaken ;

די

If

undertaken; I wish I wish you felt them less. If the obstacles were fewer, your merit wou'd not be so great. I know that you accepted of the Office, which you fill with so universal applause, against your interest and against your inclination; but merely with a view of serving the publick. Your success has been beyond expectation; business is now put into a regular and equal method of dispatch; personal sollicitations are out of fashion; the people have a confidence in the determinations of private property; & they are respected here. This is a great reformation, brought about in a few years; not by the assistance of new Men; but by that Authority which integrity, assiduity, and knowledge, gives one Man over the very same persons who sat there before. The People enjoy the benefit of the change, and bless you as the Author of it. I am not surprized, that in political questions the influence of party or power is sometimes too strong for you; but don't let this, my Dear Lord, sower your mind; you have more reason to rejoice that you have been able to do more than any other man cou'd have done, than to complain because you can't do all you wish. When you undertook this arduous task, you neither consulted your interest nor your ease. Shou'd you now resign, I am afraid it wou'd look like prefering your ease to your Country & your fame, Cou'd you name the successor? if you cou'd, where is the Man who cou'd have the same weight, even tho' he had the same virtue and judgment? Can you say you despair of doing any good; the general voice wou'd, from experience, contradict you. you can't do all you wish, might they not answer, "Hac satis est prodire tenus, si non detur ultra ?" Might they not say, Tho' you can't stem the undue influence of power, party, or prejudice, in every instance, you are able to overbear it in many, & keep it out in most? Whereas if you was gone, it might probably rule in all as much as it did before. You did me the honour to ask my opinion; I gave it you freely and sincerely; I am almost tempted to give it warmly. I wou'd as soon advise a General to desert his post in the day of battle, because the service was too hot, as you to abandon yours at present. It is not wonderfull, that nature shou'd return to men; it is wonderfull that you shou'd drive it from them so often. The event has shewn the resolution last session, which you mention, to have been very impolitick & extreamly mischievous. It gave the Qu. of H. a false show of protection, & made her obstinate; it irritated the K. of Pr. & flung him into the arms of France. I have been assured, that till the K. of Pr. applied, the Cardinal never intended to stir. His language was, "God forbid that the King shou'd rob the Orphan; God forbid that we shou'd break the Pragmatick Sanction, which we have guarantied so lately;" but as soon as the K. of Pr. came in, they determined Him by shewing him he cou'd do every thing without striking a stroke, or hazarding a War. Besides the general state of Europe, now absolutely in the power of France, our own particular War has at a great expence been most unsuccessfully carried on. The trade has suffered by captures to a degree that produces daily Bankruptcys; & the Merchants, enraged with the smart of their sufferings, impute most of the losses to neglect, in not stationing properly a few small Ships, which was often desired to be done. Tho' the number of opposers in the H. of Cms is said to be great, I don't expect they will do much, because they are greatly divided, & have too many heads. In questions upon controverted elections, they may perhaps make now & then a stand. SR. W health is said to be very much broke; this is the point many have in view; if it happened, I believe, no Man can foresee all the consequences of it. Idle is made Ch. Baron of Sd by the Ch', from the merit of an old acquaintance & domestic connexion. I have a mind you shou'd take possession of him by all sorts of civilitys; I told him, I wou'd introduce Him to your acquaintance; but at the same time desired him to get a Letter to you from My La Chan', which he has. He is a good-natured Man, but not a Man of Business, or much parts,

which will give you more opportunity of advising & protecting Him. You may hereafter make use of him in conveying proper impressions to my L Chan', without his perceiving it. I wou'd fain see it one day in your power to fill some vacancies in the Court with Men whose only merit is uprightness, & knowledge in the Profession. Idle went away in a hurry. I am to send after Him tomorrow an ostensible Letter to you, to introduce Him. You may say I have wrote more particularly by another Letter. I wish you wou'd introduce Him to any people of distinction that happen to be at Ed'; as La Tweedale, &c. The Chan' will feel the countenance you give him. I shall write to the Justice Clerk & Arniston, to introduce him; but I only write to them two lines in general form, without any thing particular. I hear, Edlin, whom I don't know, has been foolish enough to use him ill already, because he himself has been disappointed. Geo. Ross tells me, He don't send this Letter by the Post, which makes me write so freely. I am, my Dear Lord, ever & most aff" y" &c".

Lincoln's Inn,

18 Nov 1741.

W. MURRAY.

My Dear Lord,

No. CCXIV.

M' Murray to the Lord President.

I WROTE you a long letter two days ago: I give you the trouble of this, at the desire of my Lord Chief Baron Idle, who desires your acquaintance & friendship. I am persuaded you will shew him every Civility in your power upon his first coming among you; and when you know him as well as I do, you will love and esteem him for his own sake, and thank me for contributing to make you acquainted. I am, My Dear Lord,

Lincoln's Inn,}

The Ld President of the Session.

Y' most ob. hu. Servt

W. MURRAY.

No. CCXV.

[No date; but a little before the Dissolution of Parl, 1741.]

My Dear Lord,

The same to the same.

I TAKE this opportunity to write two or three words to you, in answer to yours which I received some time ago. You do me justice in believing, if I knew any thing which imported you [to] know, much more any thing which was of consequence to yourself, I should certainly acquaint you with it. The account of the Judgement you allude to, came up here seemingly so authentic, and yet was in itself so improbable, that no body knew what to say. It did occasion a run for a little while; but when the truth came up, it put every body out of countenance who had given credit to the account; tho', in the manner in which it was sent, it seemed to be unquestionable. I remember, I desired them to wait the Echo. Your Friend Scrope asked me about it. I told him, he should know when the next accounts came, and he triumphed when they did come; but neither then nor since have I heard the least disrespectful thing said of you. Knowing the regard I have for you, it is not likely that I should be the first

to hear any insinuation to your prejudice; but I have taken pains to inform myself, and I cannot find that any thing has happened since you left us, which has lessened the esteem every body has for you. Your Opinion is not so much followed, either when you was here, or since, as it ought; but that may be owing to various causes.

L. Ch' mentioned in my hearing, with great acknowledgement, the long letter he had from you; and took shame to himself then, which is a good while ago, for not having thanked you.

You know the P is to be dissolved immediately: it has long been resolved, for many good reasons. The Session will end with an Act of Pardon. I hope the Jurisdiction Bill, as it now stands, may be attended with great good. It must, if the Judges are well chose.

My Lord,

Lord Morton to the Lord President.

London, Jan. 5th, 1741-2.

AFTER having heard that your Lop was very much indispos'd, I had the pleasure to be inform'd last week y' you were now perfectly recovered; upon wch I do most heartily congratulate your Lop, but still more the honest Men of our Countrey, whose number I hope will increase (as indeed it had need) if your Lop is spared some time longer among us. Your Lop will no doubt have heard from much better hands the difficulties your Old friend S' R. has to struggle w'; and considering what up-hill work 'tis like to be, I'm astonish'd to see the spirit, the intrepidity, and chearfulness wt wch he bears it out. If he should be forced to give it up (wch, I take it, is possible, as friends look) I hope and believe he'll go out quietly. And indeed I shou'd think, at his time of life, a calm retirement from business were the most desireable thing upon earth; especially to one who has so great a relish for Countrey business and Amusements; but there is no judging of anoy' Man's inclinations by our own; for I find he intends to fight every inch in S' St-n's ChI: had we but fought as strenuously against the Sp -ds abroad, I believe the battle wou'd have been less dubious at home; by this resolution, however, he will acquire one piece of knowledge, wch till now he never cou'd attain to; he will certainly be able to distinguish who are his real friends, from those who only were so by profession. At ye same time 'tis very possible that this, like several oy points of knowledge, may come when 'tis no longer usefull. Notwithstanding this fluctuating state of things, I have good hopes, as I am not any way an Obnoxious Man, that the Affair wch I formerly had the honour to mention to your Lop may be carry'd thro' this Session; and as your Lop seem'd to think it a reasonable and equitable thing in itsself, I must beg your assistance w' the D. of Argyle, whose countenance is so absolutely necessary to me upon this occasion, y' without it I need not so much as make the least attempt; and if your Lop will so far favour me as to write to His Grace in my behalf, I beg you may do it as soon as you can conveniently after this comes to your hand; for I have now no time to lose. I don't know whether I shou'd make any apology to your Lop for giving you this trouble, because I take

your duty to relieve mankind from bondage, and this wou'd make Man y" I am. In one respect, I own it wou'd lay me under an ever to acknowledge and approve myself,

My Dear Lord,

Your much Oblig'd and faithfull Humble Servant,

MORTON.

I have not yet spoke to any Member of either House, except my good friend S' R': the second person I intend to apply [to] is the D.

My Dear Lord,

No. CCXVII.

Mr Murray to the Lord President.

I HAD the honour of yours two days ago. I did not expect I did not expect formal Compliments where I was sure of real affection, and where I lay under real obligations. If you recollect what I said to you, and you only, 7 years ago, in relation to my sentiments and system of Conduct, you will see how uniformly and steadily Fortune has enabled me to pursue it. I was indifferent whether I ever acted a Public part or not; but if ever I did, I was determined it should be in the way I liked. I was resolved to come in at the top, and to owe it to the Figure I made in my profession, without the least Party merit whatsoever. Many other circumstances will occur to your memory, to shew you that the Conjuncture which has happened is the very one I pointed out to you 7 years ago, as that which I would choose to lay hold of, if it should ever exist *. The moment I reced your Commands I set about executing them. I saw my La Bath; I read him that part of your letter which related to the general point; and he was then of opinion, that the Bill should be bro' in, with an exception as to Aqua Vitæ in Scotland.

I said, and intend to say, nothing of your particular concern t: it might render your Opinion upon the general point suspected. A general exception of private rights, so worded as to include your case, seems to me impossible; no body could tell what was meant by it. A particular exception adapted to your case would, I think, be very difficult; and, if at all obtained, must be clogged with many Restrictions. As there has been a determination since the Union, that the Old Act gives you an exemption from new duties laid on by general Words, had not you better trust to the future construction of the Act, than run the risk of trying a particular exception, which may be refused or clogged? I hope, for your sake, that the general exception will be agreed to. I need not tell you how ready I shall ever be to obey your commands, nor with how much attachment

I am, My Dear Lord,

Your most Aff. hu. Servt,

W. MURRAY.

* Mr. Murray was made Solicitor General in November 1741.

+ This alludes to the privilege of brewing, belonging to the President's estate of Ferintosh.

No. CCXVIII.