discovered strong symptoms of jaundice, which gradually undermined his constitution, and terminated at length in a lingering and fatal illness. He had the prospect of death long before him; a prospect deeply afflicting to his family and his friends: but of which, without any visible abatement in his spirits, he happily availed himself, to adorn the doctrines which he had long taught, by an example of fortitude and of Christian resignation. In the concluding stage of his disorder, he removed from Edinburgh to Grange-house, in the neighbourhood, where he had the advantage of a freer air, and a more quiet situation, and (what he valued more than most men) the pleasure of rural objects, and of a beautiful landscape. While he was able to walk abroad, he commonly passed a part of the day in a small garden, enjoying the simple gratifications it afforded with all his wonted relish. Some who now hear me will long remember, among the trivial yet interesting incidents which marked these last weeks of his memorable life, his daily visits to the fruit trees (which were then in blosom), and the smile with which he, more than once, contrasted the interest he took in their progress, with the event which was to happen before their maturity. At his particular desire, I saw him (for the last time) on the 4th of June 1793, when his weakness confined him to his couch, and his articulation was already beginning to fail and it is in obedience to a request with which he then honoured me, that I have ventured, without consulting my own powers, to offer this tribute to his memory. He died on the 11th of the same month, in the 71st year of his age. In point of stature, Dr. Robertson was rather above the middle size; and his form, though it did not convey the idea of much activity, announced vigour of body and a healthful constitution. His features were regular and manly; and his eye spoke at once good sense and good humour. He appeared to greatest advantage in his complete clerical dress; and was more remarkable for gravity and dignity in discharging the functions of his public stations, than for ease and grace in private society. His portrait by Reynolds, painted about twenty years ago, is an admirable likeness: and fortunately (for the colours are already much faded) all its spirit is preserved in an excellent mezzotinto. At the request of his colleagues in the university, who were anxious to have some memorial of him placed in the public library, he sat again, a few months before his death, to Mr. Raeburn ; at a time when his altered and sickly aspect rendered the task of the artist peculiarly difficult. The picture, however, is not only worthy, in every respect, of Mr. Reaburn's high and deserved reputation, but, to those who were accustomed to see Dr. Robertson at this interesting period, derives an additional value from an air of languor and feebleness which strongly marked his appearance during his long decline. 2. of learning at the free school in that town, under the rev. Mr. Blackwell, he was placed with the rev. Mr. Hunter at Litchfield, where he was contemporary with Johnson and Garrick. It is remarkable that several eminent men have been brought up at this school; beside Addison and Wollaston, Johnson and Garrick, bishop Newton (who was himself of that seminary) remarks, that there were at one period five judges upon the bench, who had been educated at Litchfield school, viz. lord chief justice Willes, lord chief baron Parker, Mr. justice Noel, sir Robert Lloyd, baron of the exchequer, and Mr. justice, afterwards lord chief justice, Wilmot. In January 1724, he was removed to Westminster school, and placed under Dr. Freind; here, and at Trinity-hall in Cambridge, where he resided until January 1728, he laid the foundation of many friendships, which he preserved through a long life; and with some persons, who afterwards attained the highest offices in church and state; among these were Drummond, archbishop of York, lord chancellor Northington, and Henry Bilson Legge, afterwards chancellor of the exchequer; the latter of whom continued one of his most intimate friends till, his death in August 1764. At the university he contracted a passion for study and retirement that never quitted him during life; and he was often heard to say, that at this time the height of his ambition was to become a fellow of Trinity-hall, and to pass his life in that learned society. This natural disposition had induced him to give the preference to the church, but his father, who was a man of sagacity as well as reading, had destined him to the study of the law, which he accordingly prosecuted with much diligence at the Inner Temple, and was called to the bar in June 1732. In 1743, he married Sarah, daughter of Thomas Rivett, of Derby, esq. afterwards representative of that borough in parliament. We are not acquainted with any interesting particulars of sir Eardley's life, between the period of his leaving the university and his being in a considerable degree of practice as a barrister; but as duty and filial piety, more than inclination, had induced him to embrace the profession of the law, his pursuit after its emoluments was not eager, though his study of it was unremitted. He was regular in his attendance on the Terms, but his practice was at this time chiefly confined to the county of Derby, where he was much respected. In town his business was not great; yet, in those causes in which he was engaged, his merit, learning, and eloquence, were universally acknowledged, and gained him the esteem and approbation of some of the greatest ornaments of the profession; among whom were sir Dudley Ryder, then attorney-general, and the lord chancellor Hardwicke. In the year 1753, the chancellor proposed to make him one of his majesty's counsel, and afterwards king's sergeant; but both these he declined, chiefly from a disinclination to London business, and a wish, that never left him, of retiring altogether into the country. This deliberation terminated in a decided resolution to retire; and, as the writer was informed by a gentleman who was present, he actually made, in the winter of 1754, what he called his farewell speech in the court court of exchequer, which he had of late years attended more than any other. Perhaps his disposition was not calculated for forensic disputation, though his profound knowledge and indefatigable labour, as well as ability and penetration, had made him, in the opinion of those who knew him, one of the best lawyers of his time. He had more than one offer of a seat in the house of commons about this period, but he uniformly declined every tempta tion of this kind. Having quitted London, with a view to reside entirely in the country, his reputation for integrity, industry, and learning, would probably have brought him as much business in Derbyshire, where he was about to settle, and in the neighbouring countries, as a provincial counsel ever possessed. But Providence meant to place his merit and extend his influence in a superior station. Soon after his retirement, a jumour was brought to him of his succeeding sir, Martin Wright, as judge of the court of king's bench : but as he had never made the remotest application, or even hinted, or felt a desire for the appointment, he did not give the least credit to it, till he received a summons to town for that purpose. It required a considerable degree of persuasion from his friends to induce him to accept this office, which, however honourable, was totally inconsistent with his favourite object: his high reputation, his integrity and professional knowledge, were the primary causes of his advance ment. This proferment took place in February 1755, and was accompanied, as usual, with the honour of knighthood. In the autumn of 1756, lord Hardwicke resigned the great seal which was put into the hands of three lords commissioners; lord chief justice Willes, sir S. S. Smythe, and sir John Eardley Wilmot. In this important station he gave universal satisfaction; so that not a few in the profession, independently of his own immediate friends; thought he would soon preside alone in that court. The great seal continued about a year in commission, when it was delivered to the attorney-general, sa Robert Henley, with the title of lord-keeper. Sir Eardley returned of course to the court of king's bench; where he continued about nine years longer; as one of the puisne judges. Though the part he took was not a very conspicuous one, from his situation on the bench and from his native modesty, yet his brethren, and those who were acquainted with Westminster-hall during that period, bore testimony that his active mind was always engaged, either in or out of court, in elucidating some obscure point, in nicely weighing questions of the greatest difficulty, and in contributing his share towards expediting and deciding the important suits then under discussion; nor was he less eminent in that important branch of his judicial office, the administration of the criminal justice of the kingdom, both in the supreme court of criminal jurisdiction, in which he sat, and on the circuits. Among many other parts of this laborious profession, to which sit Eardley had given unremitted attention, is that of taking notes, and to which he had invariably accustomed himself both before and after he was called called to the bar; nor had he confined himself to any one court, for having only a moderate share of business in London, he was in general able to attend any of the courts, where there were causes of the greatest expectation. This practice of taking notes, sir Eardley continued after he was raised to the bench, till he heard that Mr. (after ward sir James) Burrow intended to publish his notes from the time of lord Mansfield's being appointed chief justice; but he uniformly lent Mr. Burrow his papers from this period, with such short notes as he took himself. On the accession of his present majesty in 1760, the question of renewing the commissions of the judges came necessarily under consideration. Some lawyers were of opinion, that by the act of settlement, 12 and 13 William III. c. 2. the commissions of the judges ought not to determine by the demise of the crown; but the construction of the act, and the practice since that period, had been otherwise. His present majesty however, on his accession, with that paternal regard for the purity of the constitution in all its parts, which has always actuated his royal breast from the commencement of his reign to the present moment, declared from the throne to both houses of parliament, "that he looked upon the independency and uprightness of the judges as essential to the impartial administration of justice, as one of the best securities to the rights and liberties of his subjects, and as most conducive to the honour of his crown; and therefore recommended it to their consideration, to make further provision for continuing them in the enjoyment of their ofVOL. XLIV. fices during their good behaviour, notwithstanding the demise of his majesty, or any of his heirs and successors; and likewise that their salaries might be secured to them during the continuance of their commissions." It is one of the greatest advantages which the courts of law have over the court of chancery, that they are not affected by changes in the admi-` nistration of public affairs. It may be very proper that one great lawofficer should have a seat in the cabinet, and be always at hand, to advise his majesty's ministers on important subjects of law and the constitution; but it is very fortunate that this is not the case with the venerable magistrates who preside in our other courts of justice: they are thus kept free from the imputation of political bias, and have also more leisure for the laborious duties of their station. This was frequently an observation of sir Eardley's, and no small consolation to him, both whilst he continued in the king's bench, and when he afterwards presied in another court. But, though he persevered unremittingly in the discharge of his duty, it was not without a frequent sigh for a more quiet and retired station than that of the court of king's bench. In 1765, a serious treaty was set on foot by him to exchange that honourable office for one, not less honourable indeed, but undoubtedly at that time less lucrative and less conspicuous, that of chief justice of Chester, which was then held by Mr. Morton; but the treaty was at length broken off. When lord Camden, who had been chief justice of the common pleas about four years, was appointed lord chancellor in the summer e 1700, ЗА of 1766, sir Eardley had the offer of the chief justiceship of that court. It is believed, that next to his character for learning and integrity, he was indebted for this offer to the high opinion and esteem of both the old and new chancellor, and also to the friendship of lord Shelburne, appointed at that time one of the secretaries of state. Sir Eardley was at this time on the western circuit with sir Joseph Yates, to whom he communicated the purport of the letter he had received from lord Camden, at the same time expressing his intention to decline the unsolicited honour that was offered him, chiefly on account of his health, and the desire he had long felt of retiring from public business. In the evening of the day sir Eardley kissed hands on being appointed chief justice, one of his sons, a youth of seventeen, attended him to his bedside. "Now," says he, "my son, I will tell you a secret worth your knowing and remembering; the elevation I have met with in life, particularly this last instance of it, has not been owing to any superior merit or abilities, but to my humility, to my not having set up myself above others, and to an nniform endeavour to pass through life, void of offence towards God and man." Thas was sir Eardley called upon to preside in a court where he had many seniors on the bench. The appointment gave general satisfaction, and his acknowledged abilities, his unaffected modesty and courtesy, soon made him as much esteemed and beloved in his new court, as he had before been in his old one. It was about this time, viz. 1769, that sir. Eardley presided in the me morable cause of Mr. Wilkes agains lord Halifax and others, a period of great heat and violence, both in parliament and in the nation; but he was so entirely free from all politics bias, that his conduct gave universa satisfaction. Beside the ordinary. but impor tant business of the court of common pleas, it falls to the chief justice of that court (as the chief justice of the king's bench is generally a peer), if he is not a peer himself, to give the opinion of the judges in appeals to the house of lords from the court of chancery, or writs of error from the court of king's bench and the exchequer chamber. He is also frequently called upon by the lord chancellor to assist him in his court, in cases of difficulty or importance. Sir Eardley's presence was likewise often required at the privy council, of which he had been a member ever since his appointment to the common pleas, either to give his advice in cases of emergency, or to assist in hearing appeals to his majesty in council, which, before the separation of America from Great Britain, were very frequent. These various occupations, so entirely engaged his time and his mind at this period, that there was very little leisure for writing out his notes, or preparing a correct copy of his judg ments, especially as he never had the least intention of making them public. There are therefore at this time few judgments under his own hand; which is much to be regretted, as this undoubtedly was the period of his life in which his abilities were most exerted and most acknowledged: but though there are comparatively few written out by himself, yet there are many published in the law reports of this period, |