tiff was imprisoned and his papers seized, was illegal : it has undergone the consideration of this court, and likewise of the court of king's bench, and has very properly been deemed so by every judge who has seen it; and there is no pretence or foundation for the defendant in this cause to make any stand against this action, by way of justification, in the way he has done, because it clearly and manifestly is an illegal warrant, contrary to the common law of the land. And if warrants of this kind had been found to be legal, I am sure, as one of the plaintiff's counsel observed, it is extremely proper for the legislature of this kingdom to interpose and provide a remedy, because all the private papers of a man as well as his liberty would be in the power of a secretary of state, or any of his servants. The law makes no difference between great and petty officers. Thank God, they are all amenable to justice, and the law will reach them, if they step over the boundaries which the law has prescribed."

In the year 1770, on the resignation of Lord Camden, and the death of Mr. Yorke, the chief justice of the common pleas was considered the fittest person to supply the vacancy; and the great seal, with other honours, was tendered to him by the Duke of Grafton. The day before the resignation of Lord Camden, that nobleman came up to Sir Eardley Wilmot in the house of lords, and, pointing to the great seal, said, "There it is, Sir Eardley; you will have it in your possession to-morrow.” Sir Eardley shook his head, and begged to be excused. The highest place in his profession, and the prospect of hereditary honours for his family, had few charms for a man who so deeply loved the calm pleasures of private life. Without hesitation, the chief justice declined the honours which were within his grasp, and though in the course of the same year the great seal was again pressed upon him by Lord North, he persisted in his modest but firm resolution. Indeed, at this time, his health had so far declined as to render it necessary for him occasionally to obtain the assistance of his brethren to preside at the

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sittings, and, instead of accepting a more arduous office, he contemplated the resignation of his place in the common pleas. In a letter to Lord Hardwicke, dated the 29th of December, 1770, he says, My health necessitates my retreat from public business, and all that I ask of his majesty is, that he will be graciously pleased to accept my resignation, for I have desired that it may be communicated to the king in the most humble manner from me, that I do not wish or mean to be an incumbrance to his majesty by any provision out of his civil list." And in another letter, addressed, about the same time, to his brother Sir Robert Wilmot, he expresses himself in the same manner. "I would much rather resign without any remuneration at all. The plus or the minus of sufficiency lies only in my own breast. I hate and detest pensions, and hanging upon the public like an almsman." In January, 1771, his resignation was accepted; and it was at the particular request of the king himself, which he thought it would be vanity and affectation to refuse, that he received a pension for his life.

Being thus released from the toils of office, Sir Eardley devoted much of his time to pursuits in which he had always taken delight, being a frequent visitor in the reading rooms of the British Museum. For a considerable period also he attended the argument of appeals before the privy council; a duty which he only declined when compelled to do so by his increasing infirmities. At length he retired wholly from public business, enjoying only the society of a very few friends, amongst whom were numbered Lord Shelburne, Sir Thomas Parker, Lord Huntingdon, Lord Hardwicke, and Lord Bathurst; the latter of whom, while he held the great seal, was accustomed frequently to apply to Sir Eardley Wilmot for counsel and assistance. But his principal society was that of his own family, the formation of whose characters he watched over with the most assiduous care, inculcating in the most affectionate manner the noblest lessons of virtue and honour. Many of his letters

In a letter to one of his "I take the first vacant

to his children have been preserved, and abound in pure and elevated sentiments. sons, a boy of fifteen, he says, hour I have had this month, to acknowledge the receipt of your letter, and to assure you of my love and affection. I do not in the least doubt but you will merit every past and future instance of them, by seconding my endeavours to cultivate your mind, and principally to impregnate it with those principles of honour and truth which constitute a gentleman, and which I received in the utmost purity from my own father, and will transmit to you, and to your brothers and sisters, as unsullied as I received them; and however fortune may exalt or depress you in the world, the consciousness of having always acted upon those principles will give you the only perfect happiness that is to be found in this world. But, above all things, remember your duty to God, for without his blessing my love and affection for you will be as ineffectual to promote your happiness here as hereafter; and whether my heart be full of joy or of grief, it will always beat uniformly with unremitting wishes, that all my children may be more distinguished for their goodness than their greatness."

Until the year 1786, Sir Eardley Wilmot enjoyed a tolerable state of health; but from this period till the close of his life sickness rendered the continuance of it undesirable. In a letter dated in the above year he says, "I thought you would be glad to see under my own hand that I exist, both in body and mind, but can neither go nor stand, nor eat nor sleep; and the worst is, that I am in no danger of being relieved from this painful situation." In this state he lingered for some years, and died on the 5th of February, 1792, aged eighty-two years.

The following character is drawn by the hand of his

son.

If filial piety may have induced him to heighten the favourable colours, yet the outline and the lights and shadows are, doubtless, upon the whole correct.

"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 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 although he was never fond of the practice of the law as a profession, he often declared his partiality for the study of it as a science: as an instance of this, after he had resigned his office, he always bought and read the latest reports, and sometimes borrowed MS. notes from young barristers.

"He was not only accomplished in the laws of his own country, but was also well versed in the civil law, which he studied when at Trinity Hall, Cambridge, and frequently affirmed that he had derived great advantage from it in the course of his profession.

He con

sidered an acquaintance with the principles of the civil law as the best introduction to the knowledge of law in general, as well as a leading feature in the laws of most nations of Europe.

"His knowledge, however, was by no means confined to his profession. He was a general scholar, but particularly conversant with those branches which had near connection with his legal pursuits, such as history and antiquities. He was one of the original fellows of the Society of Antiquaries, when first incorporated in 1750, and frequently attended their meetings, both before and after his retirement: most of his leisure hours were spent in the above researches.

"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, æquos placatosque dimisit.' This was the case in questions of private property; but when any points of a public nature arose, there his superior abilities and public virtue were eminently characterised; equally free from courting ministerial favours 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.

"In private life he likewise excelled in all those qualities that render a man respected and beloved. His watchfulness, tenderness, and condescension as a parent, the letters in these pages will abundantly testify. May the remembrance and contemplation of his virtues inspire his descendants with a desire to imitate them! This he would have thought the most grateful reward, this the noblest monument ! Such unaffected piety, such unblemished integrity, such cheerfulness of manners and sprightliness of wit, such disinterestedness of conduct and perfect freedom from party spirit, could not and did not fail of making him beloved, as well as admired, by all who knew him. Genuine and uniform humility was one of his most characteristic virtues. With superior talents from nature, 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 rank nor station