Charles Philip Yorke, Fourth Earl of Hardwicke, Vice-Admiral R.N. — a Memoir

by Baroness Elizabeth Philippa Biddulph

On the formation of a government by the Duke of Devonshire in 1756, Charles Yorke was sworn in, at the early age of thirty-three, as Solicitor-General, and retained that office through the elder Pitt's glorious administration. In 1762 he accepted from Lord Bute the Attorney-Generalship, in which position he had to deal with the difficult questions of constitutional law raised by the publication of John Wilkes's North Briton. In November of that year, however, he resigned office in consequence of the strong pressure put upon him by Pitt, and took leave of the King in tears. Pitt failed in his object of enlisting Yorke's services on behalf of Wilkes in the coming parliamentary campaign, and the crisis ended in an estrangement between the two, which drove Yorke into a loose alliance with the Rockingham Whigs, a group of statesmen who were determined to free English politics from the trammels of court influence and the baser traditions of the party system. When, however, this party came into power in 1765, Yorke was disappointed of the anticipated offer of the Great Seal, and only reluctantly accepted the Attorney-Generalship. The ministry fell in the following year, partly in consequence of Pitt's reappearance in the House of Commons and his disastrous refusal of Rockingham's invitation to join his Government, though they were agreed on most of the important questions of the day, including that of American taxation and the repeal of the Stamp Act; and Pitt, who then (August 1766) became Lord Chatham, was commissioned to form a new government in which, to Yorke's mortification, he offered the Lord Chancellorship to Camden. Yorke thereupon resigned the Attorney-Generalship, and during the devious course of the ill-starred combination under Chatham's nominal leadership—for during the next two years Chatham was absolutely incapacitated from all attention to business, his policy was reversed by his colleagues, and America taxed by Charles Townshend—he maintained an 'attitude of saturnine reserve,' amusing himself with landscape gardening at his villa at Highgate, doing its honours to Warburton, Hurd, Garrick and other friends, and corresponding among others with Stanislas Augustus, King of Poland, to whom he had been introduced by his brother Sir Joseph. Gradually, however, Chatham made a recovery from the mental disease under which he had been labouring, and in January 1770 he returned to the political arena with two vigorous speeches in the House of Lords. His first speech spread consternation among the members of the Government and the King's party, led by the Duke of Grafton, who had assumed the duties of Prime Minister; and one of the first effects of his intervention was the resignation of Lord Camden, who had adhered to Chatham, and openly denounced the Duke of Grafton's arbitrary measures. This event placed the Court party in the utmost difficulty, and no lawyer of sufficient eminence was available for the post but Charles Yorke, who thus suddenly found within his reach the high office which had been the ambition of his life. The crisis was his undoing, and the whole story is of such interest from a family point of view, that, although it is well known from the brilliant pages of Sir George Trevelyan's 'Life of Fox,' I may be excused for telling it again, mainly in the words of two important memoranda preserved at the British Museum.

One of these was written by Charles Yorke's brother, the second Lord Hardwicke, and dated nearly a year later, December 30, 1770; the other, dated October 20, 1772, by his widow Agneta Yorke; and the effect of them, to my mind, is not only to discredit the widely believed story of Charles Yorke's suicide, which is not even alluded to, but also to place his action from a public and political point of view in a more favourable light than that in which it is sometimes presented.

Both the 'Memorials' to which I have alluded give a most vivid and painful account of the struggle between ambition and political consistency which followed upon the offer of the Chancellorship by the Duke of Grafton to one who was pledged by his previous action to the Rockingham party. Lord Hardwicke wrote:

'I shall set down on this paper the extraordinary and melancholy circumstances which attended the offer of the Great Seal to my brother in January last. On the 12th of that month he received on his return from Tittenhanger a note from the Duke of Grafton desiring to see him. He sent it immediately to me and I went to Bloomsbury Square where I met my brother John and we had a long consultation with Mr. Yorke. He saw the Duke of Grafton by appointment in the evening and his grace made him in form and without personal cordiality an offer of the Great Seal, complaining heavily of Lord Camden's conduct, particularly his hostile speech in the House of Lords the first day of the Session. My brother desired a little time to consider of so momentous an affair and stated to the Duke the difficulties it laid him under, his grace gave him till Sunday in the forenoon. He, Mr. Y., called on me that morning, the 14th, and seemed in great perplexity and agitation. I asked him if he saw his way through the clamorous and difficult points upon which it would be immediately expected he should give his opinion, viz. the Middlesex Election, America and the state of Ireland, where the parliament had just been prorogued on a popular point. He seriously declared that he did not, and that he might be called upon to advise measures of a higher and more dangerous nature than he should choose to be responsible for. He was clearly of opinion that he was not sent for at the present juncture from predilection, but necessity, and how much soever the Great Seal had been justly the object of his ambition, he was now afraid of accepting it.

'Seeing him in so low and fluttered a state of spirits and knowing how much the times called for a higher, I did not venture to push him on, and gave in to the idea he himself started, of advising to put the Great Seal in commission, by which time would be gained. He went from me to the Duke of Grafton, repeated his declining answer, and proposed a commission for the present, for which precedents of various times were not wanting. The Duke of Grafton expressed a more earnest desire that my brother should accept than he did at the first interview, and pressed his seeing the King before he took a final resolution. I saw him again in Montague House garden, on Monday the 15th, and he then seemed determined to decline, said a particular friend of his in the law, Mr. W. had rather discouraged him, and that nothing affected him with concern but the uneasiness which it might give to Mrs. Yorke.

'On Tuesday forenoon the 16th, he called upon me in great agitation and talked of accepting. He changed his mind again by the evening when he saw the King at the Queen's Palace, and finally declined. He told me just after the audience that the King had not pressed him so strongly as he had expected, that he had not held forth much prospect of stability in administration, and that he had not talked so well to him as he did when he accepted the office of Attorney-General in 1765; his Majesty however ended the conversation very humanely and prettily, that "after what he had said to excuse himself, it would be cruelty to press his acceptance." I must here solemnly declare that my brother was all along in such agitation of mind that he never told me all the particulars which passed in the different conversations, and many material things may have been said to him which I am ignorant of. He left me soon after to call on Mr. Anson and Lord Rockingham, authorising me to acquaint everybody that he had absolutely declined, adding discontentedly that "It was the confusion of the times which occasioned his having taken that resolution." He appeared to me very much ruffled and disturbed, but I made myself easy on being informed that he would be quiet next day and take physic. He wanted both that and bleeding, for his spirits were in a fever.'

Up to this point Mrs. Yorke's account, written apparently to explain and vindicate her own share in the transaction, tallies with that of her brother-in-law, except that she states that Lord Hardwicke had been much more favourable to the idea of Charles Yorke's acceptance than the above narrative leads one to suppose; according to her the family felt 'it was too great a thing to refuse.' Lord Hardwicke's wife, the Marchioness Grey, indeed, had called upon Mrs. Yorke to urge it, saying among other things that 'the great office to which Mr. Yorke was invited was in the line of his profession, that though it was intimately connected with state affairs, yet it had not that absolute and servile dependance on the Court which the other ministerial offices had; that Mr. Yorke had already seen how vain it was to depend on the friendship of Lord Rockingham and his party; that the part he had acted had always been separate and uninfluenced, and therefore she thought he was quite at liberty to make choice for himself, and by taking the seals he would perhaps have it in his power to reconcile the different views of people and form an administration which might be permanent and lasting; that if he now refused the seals they would probably never be offered a second time … and that these were Lord Hardwicke's sentiments as well as her own.'

Lord Mansfield's advice had been more emphatic still. 'He had no doubt of the propriety of his accepting the Great Seal, indeed was so positive that Mr. Yorke told me he would hear no reason against it.' Mrs. Yorke herself was at first opposed to the idea; but influenced by such opinions and by her husband's extreme dejection after refusing the offer, she ended by strongly urging him to accept, and was afterwards blamed for having encouraged his fatal ambition. Lord Rockingham alone, who had been greatly dependent upon the advice and assistance of Mr. Yorke, 'to whom,' as Mrs. Yorke remarks, 'he could apply every moment,' and 'without whom he would have made no figure at all in his administration,' put the strongest pressure on him to decline, for selfish reasons as appears from Mrs. Yorke's story. It was therefore against the advice of his own family and 'the generality of his friends,' including Lord Chief Justice Wilmot, that Charles Yorke, in obedience to his own high sense of political honour, at first refused the dazzling promotion, and this fact must be recorded to his credit.

The decision, however, brought no peace to his mind, and ambition immediately began to resume its sway. He passed a restless night, and said in the morning to his wife 'that he would not think of it, for he found whenever he was inclined to consent he could get no rest, and want of rest would kill him.' But after another day, Tuesday, spent in conference 'I believe with Lords Rockingham and Hardwicke,' he was persuaded, by what means does not appear, to go again to Court. Lord Hardwicke, who, as Sir George Trevelyan observes, played a true brother's part throughout the wretched business, thus continues:

'Instead of taking his physic, he left it on the table after a broken night's rest, and went to the levée, was called into the closet, and in a manner compelled by the King to accept the Great Seal with expressions like these: "My sleep has been disturbed by your declining; do you mean to declare yourself unfit for it?" and still stronger afterwards, "If you will not comply, it must make an eternal break betwixt us." At his return from Court about three o'clock, he broke in unexpectedly on me, who was talking with Lord Rockingham, and gave us this account.