Edward Hyde, Earl of Clarendon, the third son of Henry Hyde, of Dinton, Esquire, a younger branch of an ancient family long established in Cheshire, was born at Dinton, near Salisbury, February 18, 1609. The most valuable part of his early education he received from his father, who was an excellent scholar: from his residence at Magdalen Hall, Oxford, where he entered in 1622, and took his bachelor’s degree in 1625, according to his own account he obtained little benefit. In February 1627, he was entered at the Middle Temple. At the age of twenty-one, he married his first wife, who died within six months of their union. After the lapse of three years he was again married, to the daughter of Sir Thomas Aylesbury, Master of Requests to the King, by whom he left a numerous family. He was called to the bar in Michaelmas term, 1633. To the study of law he entertained in the first instance a strong dislike, and applied himself chiefly to history and general literature. But from the time of his second marriage he devoted himself steadily to the pursuit of his profession, in which he early acquired considerable practice and reputation. His business was, however, more frequent in the Court of Requests, in the Star Chamber, than in the courts of common law, and his name rarely appears in the reports of that period. Soon after he was called to the bar, Mr. Hyde was concerned in a transaction of considerable moment, which produced important consequences in his future life, by introducing him to the favourable notice of Archbishop Laud. It arose out of certain Custom-House regulations, by which the London merchants found themselves aggrieved. The leading men among them applied to Mr. Hyde, who, on finding all remonstrances with the Lord Treasurer unavailing, advised them to state their grievances in a petition to the King, which he drew for them. On the death of the Lord Treasurer, the Earl of Portland, Laud’s favour introduced Mr. Hyde to the Lord Keeper Coventry, the Earl of Manchester, then Lord Privy Seal, and other political and legal characters of high rank, of the court party. With the leaders of the popular, or country party also he was upon friendly terms, “having,” as he says, “that rare felicity, that even they who did not love many of those upon whom he most depended, were yet very well pleased with him and with his company.” Upon the summoning of what was called the Short Parliament, which met April 3, 1640, Mr. Hyde was elected member for Wootton-Basset, and for Shaftesbury. He chose to take his seat for the former place. His first and only speech during the session was in the celebrated debate on the subject of grievances, introduced by a motion of Mr. Pym; on which occasion Mr. Hyde directed the attention of the house to the enormous abuses of the Earl Marshal’s Court. Whitelocke says that “he gained much credit by his conduct in this business.” In the warm debate which took place in the House of Commons upon the question of a supply, it was hinted by members of the house connected with the court, that Charles, upon hearing of their proceedings, would probably dissolve the parliament in displeasure. Mr. Hyde perceived the injurious tendency of such a measure, and immediately went from the house to Archbishop Laud, to entreat him to dissuade the King from so injudicious a course. The Archbishop heard him as usual with patience, but refused to interfere: and the Parliament was dissolved in less than three weeks after its first meeting. The necessities of the King compelled him to call the Long Parliament in the following November, of which Mr. Hyde was also a member. The elections having in general favoured the popular party, the temper of this parliament was at its commencement decidedly more opposed to the court than the last. At first, Mr. Hyde, whose familiarity with Laud was well known, was an object of jealousy and dislike. His conduct as chairman of the committee appointed to consider the abuses of the Earl Marshal’s Court, which led to the total abolition of that unauthorized jurisdiction, and his avowed disapprobation of several obnoxious branches of the prerogative, restored him The course adopted by Mr. Hyde with reference to the Earl of Strafford’s prosecution cannot be precisely ascertained. That he was employed in arranging the preliminary steps for the impeachment, appears from the journals; but in his History he does not explicitly declare what part he took upon the introduction of the bill of attainder. Some of his biographers state that he warmly opposed it; but no evidence is given in support of the assertion; and it is quite clear that neither his name, nor that of Lord Falkland, his political and personal friend, appear amongst those which were posted as “Straffordians, Betrayers of their Country,” for having voted against the measure. Though he cordially acquiesced in many of the measures at this time introduced by the popular leaders for the redress of grievances, his political opinions, as well as his ultimate views and intentions, differed widely from those of the predominant party. He strenuously opposed a bill for depriving the bishops of their seats in parliament, which passed the House of Commons, though it was rejected in the House of Lords by a great majority. In no degree discouraged by this discomfiture, the leaders of the Puritan party soon afterwards introduced Before the King left Whitehall, in consequence of the tumults occasioned by his indiscretion in demanding the Five Members, he charged Mr. Hyde, in conjunction with Lord Falkland and Sir John Colepeper, to consult constantly together upon the state of affairs in his absence, and to give him on every occasion their unreserved advice, without which he declared solemnly that he would take no step in the parliament. Though much discouraged by the previous conduct of the King respecting the Five Members, which he had adopted without consulting them, and entirely against their judgment, they undertook and faithfully executed the charge imposed upon them; and after the King had left London, they met every night at Mr. Hyde’s house in Westminster, to communicate to each other their several intelligences and observations, and to make such arrangements as they thought best adapted to stay the falling fortunes of the royal cause. Mr. Hyde’s good understanding with the leaders of the popular party had rapidly declined, since his opposition to the proposed measure for ejecting the bishops from the House of Lords; and after his conduct in the committee for abolishing episcopacy he was regarded as a declared enemy, and his nightly consultations with Falkland and Colepeper were watched with the utmost jealousy. Though his situation at this time was one of considerable danger, he remained at his post after the King’s departure to York, and constantly took his seat in the House of Commons. About the latter end of April, 1642, Mr. Hyde received a letter In May, 1648, Hyde received the King’s commands to join the Prince of Wales at Paris. On the way thither, he met Lord Cottington and others at Rouen, where he learned that the Prince was gone to Holland, and was ordered to follow him. After many difficulties and dangers, Cottington and Hyde met their young master at the Hague in the month of August, and were soon afterwards joined by several other members of the King’s council. On the announcement of the execution of his father, Charles despatched Sir Edward Hyde and Lord Cottington as his ambassadors to Spain. After a fruitless negotiation of fifteen months, they received a message from court shortly after the arrival of the news of Cromwell’s victory at Dunbar, desiring them to quit the Spanish dominions. Hyde then repaired to Antwerp, where he resided with his wife and family, until, at the end of 1651, he was summoned to Paris, to meet Charles II., after his memorable escape from the battle of Worcester. At the Restoration Sir Edward Hyde was continued as Lord Chancellor; and notwithstanding the constant hostility of the Queen Mother and her faction at court, he maintained for some time a paramount influence with the King, who treated him with the confidence and friendship which his great industry and talents for business, and his faithful attachment to himself and his father so well deserved. In November, 1660, he was raised to the peerage, by the title of Baron Hyde of Hindon in the county of Wilts, and in the spring of the following year he was created Viscount Cornbury and Earl of Clarendon. He was also about this time elected Chancellor of the University of Oxford. Among the tribes of expectant cavaliers who now flocked to the court of the restored monarch, all impatient to obtain something in recompense for their alleged services and sufferings in the royal cause, these honours and distinctions bestowed upon the Earl of Clarendon raised a storm of envy and malice which eventually caused his ruin. The King’s easiness of access, and, as Lord Clarendon calls it, that “imbecillitas frontis, which kept him from denying,” together with the moral cowardice which induced him to escape from The first open act of hostility against Lord Clarendon was undertaken by the Earl of Bristol, who, in 1663, exhibited articles of high treason and other misdemeanors against him in the House of Lords. These articles, which contained a great variety of vague and inconsistent charges, were forwarded by the House of Lords to the King, who informed them, that “he found several matters of fact charged, which upon his own certain knowledge were untrue; and that the articles contained many scandalous reflections upon himself and his family, which he looked upon as libels against his person and government.” Upon a reference by the House of Lords to the judges, they reported that “the whole charge did not amount to treason though it were all true;” and upon this the proceedings were abandoned. But it was at last the fate of Lord Clarendon to experience the proverbial ingratitude of princes. From the period of the Restoration a powerful union of discontented parties had gradually combined against him. All hated him—the old cavaliers, because they thought he neglected their just claims upon the bounty of the King; the papists and the dissenters, because they found him an uncompromising opponent of all concessions to those whom he regarded as enemies of the established church; the licentious adherents of an unprincipled court, because his honest endeavours to withdraw the King from his levity and profligacy to serious considerations, thwarted their intentions and interrupted their pleasures. Their united efforts erased from Charles’s mind the recollection of services of no common value, and caused him to abandon his best and most faithful counsellor, without having even the appearance of a reason for his conduct, beyond what he called “the Chancellor’s intolerable temper.” The Great Seal was taken from Lord Clarendon in August, 1667; and in the month of November following, after an angry debate, he The charges made against Lord Clarendon at this time were scarcely less multifarious and inconsistent than those which were instituted by Lord Bristol a few years before. He was accused of designing to govern by a standing army,—of accusing the King of popery,—of receiving bribes for patents,—of selling offices,—of acquiring a greater estate than he could lawfully have gained in a short time,—of advising the sale of Dunkirk to the French,—of causing Quo Warrantos to be issued against corporations in order that he might receive fines on renewals of charters, and many other particulars of alleged corruption. From most of these accusations Lord Clarendon vindicated himself in an address delivered to the House of Lords upon his departure; but during his retirement at Montpellier, he prepared, and transmitted to his children in England a fuller apology, in which he answered each article of the charges objected to him by the Commons. After some hesitation, Lord Clarendon determined to reside at Montpellier, where he arrived in July, 1668. He was treated with much courtesy and respect by the governor of the city, as well as the French and English inhabitants of all ranks. His first task was to write the vindication of his conduct above-mentioned. During his retirement he made himself master of French and Italian, and read the works of the most eminent writers in both those languages. He also completed his History of the Rebellion, and wrote an answer to Hobbes’s Leviathan, an Historical Discourse on Papal Jurisdiction, a volume of Essays, divine, moral, and political, and also those fragments of his Life, which were first published by the University of Oxford in 1759. Engaged in these pursuits he passed nearly three years at Montpellier in great tranquillity and cheerfulness. He left that city in 1672, and went first to Moulins, then to Rouen, where he died, December 9, 1673. His remains were brought to England and interred in Westminster Abbey. The political conduct of Lord Clarendon, though variously described In the discharge of the legal functions of his office of Lord Chancellor, as presiding in the Court of Chancery, he was by no means distinguished; he promoted some reforms in the practice of his court, and continued the judicious improvements effected during the Commonwealth; but Evelyn says “he was no considerable lawyer,” and the circumstance that he never decided a case without requiring the presence of two judges is, if true, a sufficient acknowledgment of his judicial incompetency. For his judicial appointments Lord Clarendon is entitled to unqualified praise. Hale, Bridgeman, and other judges of the highest eminence for learning and independence, were appointed by him immediately after the Restoration, and contributed in a great degree to give stability and moral strength to the new government, by the confidence which their characters inspired in the due administration of the law. As an historian Lord Clarendon was unquestionably careless and inexact to a surprising degree, which may in some measure be excused
Engraved by J. Posselwhite. |