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 uniform endeavour to pass through life, void of offence towards God and man." Thus 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 against 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 political bias, that his conduct gave universaļ satisfaction. Beside the ordinary but important 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 alsó 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, period, particularly in those of sir James Burrow and Mr. sergeant Wilson. In the mean while he never forgot the profession, which was the first object of his choice, and which he might have addressed in the language of truth, as well as of poetry: Ille meos, primus qui mesibi junxit, amores Abstulit, ille habeat secum, servetque sepulchro, He was, like his great predecessor, sir Matthew Hale, whom, in many parts of his character, he much resembled, a very good divine, and lived in habits of intimacy with many persons of high reputation in the church. He was also very fond of the arts, particularly painting and music; and often talked with rapture of a journey into Italy. On the resignation of lord Camden, and subsequent death of Mr. Yorke, in January 1770, the great seal, with other honours, was offered to sir Eardley by the duke of Grafton. Sir Eardley shook his head, and begged to be excused. Lord Camden afterwards told a common friend, that he never was so surprised in his life as when he heard that sir Eardley had really declined it, The great seal was again pressed upon sir Eardley in the course of that year by lord North, who, on the resignation of the duke of Grafton, succeeded as first lord of the treasury. But sir Eardley was at this time too fixed in his resolution of retiring altogether from public business; and, having no sir Joseph Yates near him, it seemed to him a good opportunity to urge the same reason for resigning the office he held, as for declining the one that was offered him. His ill health had prevented him occasionally from attending his court, and he had been under the necessity, more than once, (though with much pain to himself) of requesting some of his brethren to attend the sittings for him, which is not the least important, or least laborious, part of the duty of the chief justice in each court, His intention was to have resigned without receiving any pension from the crown, as is well known in his family; with this view, and to be near the British Muscuni, which for many years he had much frequented, he took a small house in Great Russel street: indeed, his residence in or near town, for the advantage of medical advice, was now become absolutely necessary. But it was with much difficulty he was permitted to decline the great seal. When this was done, and his resignation of the chief justiceship of the court of common pleas was at last accepted in January 1771, he; was much surprised and disconcerted to find, that it was expected he was to receive a pension for life. This he withstood in two several interviews with the first lord of the treasury: but his majesty having desired to see him at Buckinghamhouse, was pleased to declare, that he could not suffer so faithful a servant to the public to retire, without receiving this mark of approbation and reward for his exemplary services. After this, sir Eardley thought it would be vanity and affectation to contend any longer; and certainly his private fortune would not have enabled him to have lived in the manner to which he had been accustomed, and which he thought while he held his office of chief jus tice, the dignity of his situation re 3A 2 quired. quired. He had declined many op- since created marquis of Lansdown, portunities of ennobling and en- sir Thomas Parker, lord Huntingriching himself, and yet possessed don, lord Hardwicke, and lord Basufficient for his own moderate thurst, by whom he was frequently desires. He had brought up all his consulted, while he held the great sons to active business, and was seal, both on political and legal subjustly sensible that this was prefer- jects. He was resorted to by these able to any fortune he could give, and a few others for advice and for or leave them. But as he was thus entertainment, his conversation beliberally provided for by his majes- ing equally cheerful and instructive. ty's bounty, he thought the least he A person who, with the greatest could do was to make every return honour to himself and advantage to in his power; and having the honour the nation, had filled many high of being one of his majesty's privy stations in public life, told the writer council, he, in conjunction with of these sheets, that he was never the venerable sir Thomas Parker, in his company without feeling himwho had been chief baron of the self the happier and the better for it. exchequer, uniformly attended the He mentioned, among other anec appeals to the king in council till the dotes, that he once went to sir Eardyear 1782, when his increasing in- ley, under the impression of great firmities obliged him to give up this wrath and indignation, at a real last part of what he thought his pub- injury which he had received from lic duty. His services in this inter- a val had been constant, and were frequently acknowledged by the lord president of the council, and by the minister in parliament. About this time, the reversion of an estate in Derbyshire, of about 4007. per ann. fell in to him by the death of a gentleman, to whose family he was allied, and with which in the early part of his life he had lived in great intimacy: but there being an illegitimate son of one branch of the family alive, whom sir Eardley had patronized from his birth, he immediately made a conveyance of the estate to him for his life, and intended, if he had had children, to have given him the whole interest in it. He now retired totally from public business, and saw very little company during the remainder of his life, except a few friends, whom time had hitherto spared. The principal of these were lord Shelburne, person high in the political world, and which he was meditating how to resent in the most effectual manner. After relating the particulars to sir Eardley, he asked, if he did not think it would be "manly" to resent it? Yes, said sir Eardley, certainly, it will be "manly" to resent it: but, added he, it would be "god-like" to forgive it. This the gentleman declared had such an instantaneous effect upon him, that he came away quite a different man, and in a totally different temper from that in which he went, His principal society was in the bosom of his own family, as three of his children were married, and had presented him with twelve grandchildren. His wife, indeed, a most faithful and exemplary one! and his eldest son, who, to say all, was worthy of such a father! he was so unfortunate as to lose, in the two successive years after his retreat from public business. These losses, though he most alarming symptoms, but by the strength of his constitution, and the great skill and attention of his physician, sir Richard Jebb, he was enabled to remove into the country, and gradually recovered from the immediate effects of it. He can hardly however be said to have lived, or at least to have enjoyed any degree of health or comfort after this attack, except such as arose from the attention of his children, the contemplation of a well-spent life, and that firm, but humble confidence in a joyful resurrection, which christianity alones inspires. After having thus passed a life of advantage to the public, and of great delight to his family and friends, he died, on the 5th of February 1792, aged eighty-two. He left his eldest surviving son his sole executor, with express di He was in the habit of entering in his common-place book the death of his friends and contemporaries, with a short account of them. It will be further illustration of his own character, to observe how ready he was to do justice to the worth of others. Sir Eardley had a very severe ill-rections, in his own hand writing, ness in the spring of 1780, which terminated in a jaundice of the worst kind, and being sent to Bath by sir Noah Thomas, his life was long despaired of, till by taking a medicine which he there met with, he was restored to his family. From Bath he went to Brighthelmstone, in the beginning of June, and was no sooner arrived there then the accounts followed him of the riots in London; on the reports being brought to him every day of the increasing tumults and mischief, he declared, with unusual warmth, that "he thought it impossible there could be one soldier or one lawyer in London; for if there were, the riots would not have been suffered to get -to such a height." From this time to March 1786, sir Eardley had a tolerable share of health: at this period, he was attacked by a violent fever, with the for a plain marble tablet to be put up in the church of Berkswell, in the county of Warwick, with an inscription, containing an account of his birth, death, the dates of his appointments, and names of his children, "without any other addition whatever." Sir Eardley always considered epitaphs as of little use, except in furnishing evidence of facts and dates, in which respect he had often found them of considerable import-. ance in the course of his professional experience. His person was of the middle size; his countenance of a commanding and dignified aspect; his eye particularly lively and animated, tempered with great sweetness and benignity. His knowledge was extensive and profound, and perhaps nothing but his natural modesty prevented him from equalling the greatest of his predecessors. It was 3 A 3 this this invincible modesty which continually acted as a fetter upon his abilities and learning, and prevented their full exertion in the service of the public. Whenever any occasion arose, that made it necessary for him to come forward (as was sometimes the case in the house of lords, in the • court of chancery, and in the common pleas), it was always with reluctance, to perform a duty, not to court applause, which had no charms for his pure and enlightened mind. But of all the parts of sir Eardley's character, none was more conspicuous than the manner in which he conducted himself on the bench, in that most delicate and important office of hearing causes, either of a criminal or civil nature: he was not only practically skilled in his profession, but his penetration was quick and not to be eluded; his attention constant and unabated; his elocution clear and harmonious; but, above all, his temper, moderation,patience, and impartiality, were so distinguished, that the parties, solicitors, counsel, and audience, went away informed and satisfied, if not contented" etiam contra quos statuit, quos placatosque dimisit." This was the case in questions of private property: but where any points of a public nature arose, there his superior abilities and public virtue were eminently characterized; equally free from courting ministerial fayour, or popular applause, he held the scale perfectly even between the crown and the people, and thus became equally a favourite with both. This was conspicuous on many occasions, but particularly in the important cause, related before, between Mr. Wilkes and lord Halifax, in.1769. With superior talents from na ture, improved by unremitting industry and extensive learning, both in and out of his profession, he possessed such native humbleness of mind and simplicity of manners, that no ránk nor station ever made him think highly of himself, or meanly of others. In short, when we contemplate his various excellencies, we find ourselves at a loss whether most to admire his deep and extensive learning and penetration as a lawyer, his industry, probity, firmness, wisdom, and patience as a judge, his taste and elegant accomplishments as a scholar, his urbanity and refined sentiments as a gentleman, or his piety and humility as a Christian. But when we approach nearer and view him in the shade of private life, then we may confidently assert, that he has left an illustrious and encouraging example of the progress which man, with all his frailties, may make in the attainment and exercise of those virtues and graces, of which the great Teacher and Saviour of mankind condescended, in his own person, to exhibit the perfect and inimitable pattern! |