APPENDIX. 71 



a dlftindlon which feems to reft upon the ftrongeft grounds in Loi!d"prefi!ie.n 

 reafon and humanity, and even to be fupported by the Ian- '"'"" 

 guage of our books and ftatutes, but which, neverthelefs, the 

 older pradtice of the Court could fcarcely be faid to have tho- 

 roughly recognifed, and which now, in a great meafure, owed 

 its reception into libels and verdicfls to the weight of Mr Mil- 

 ler's opinion, who loft no proper opportunity to countenance 

 and inculcate fo juft a dodlrine. 



We may alfo mention among the improvements by him fug- 

 geftcd, the late ftatutory difpenfation with ti»e tedious, and 

 often unneceOary procefs, of reducing tlie teftimony of the wit- 

 nefles into writing. - 



Nor muft we pafs over his attention to the exterior decortim 

 of this tribunal, fo important to the maintenance of its au- 

 thority, and which he, in different ways, materially contri- 

 buted to fupport ; having abolifhed certain old, but unfeemly 

 pradlices, and introduced various becoming obfervances, not 

 before his time required ; and, above all, having perfonaHy 

 added to the refpedl and gravity of the Bench, by his rare and 

 happy talent of fuitable, and carneft, and eloquent exhortation 

 to the tinfoitunate convi<51s, which imprelFed upon the byftand- 

 ers, and rendered falutary to them, the examples of juftice 

 which his duty conftrained him to make. 



Mr Miller continued, thus honourably to himfelf, and 

 profitably to the public, to difcharge the duties of thefe fta- 

 tions, without interruption, till the year 1781 ; at which time, 

 his health being fomewhat impaired by fo long a courfe of 

 conftant application to bufmefs, it was judged advifable for 

 him to difcontinue it, and make a fliort trial of a warmer 

 climate. He accordingly fpent fome months in vifiting diffe- 

 rent parts of France ; and having thence paffed into Italy, he 

 had there the fatisfadlion of contemplating the magnificent re- 

 mains of the grandeur of the people, for whofe language and 

 genius he entertained fo high an admiration, and of furveying 



with. 



