APPENDIX. 71 



a diftinction which feems to reft upon the ftrongeft grounds in LoXSlfiLnt 

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

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

 older practice 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 verdicts to the weight of Mr Mil- 

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

 and inculcate {o juft a doctrine. 



AVe may alfo mention among the improvements by him fug- 

 geftcd, the late ftatutory difpenfation with the tedious, and 

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

 nefles into writing. 



Nor muft we pafs over his attention to the exterior decorum 

 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 

 practices, and introduced various becoming obfervances, not 

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

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

 happy talent of fuitable, and earneft, and eloquent exhortation 

 to the unfortunate convicts, which imprelfed upon the byftand- 

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

 which his duty conflrained 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 fhort 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 fatisfaaion 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. 



