inal legislation in chap, xxxiii. of his _History of Criminal Law_.
He gave a short summary of his work in an address to the Social Science
Association on November 11, 1872, published in the _Fortnightly Review_
for December 1872. I may also refer to an article upon 'Sir James
Stephen as a Legislator' in the _Law Quarterly Review_ for July 1894, by
Sir C. P. Ilbert, one of his successors.]

[Footnote 104: I may say that he especially acknowledges the share of
the work done in his own time by Mr. Whitley Stokes, secretary to the
Council, by Sir H. S. Cunningham, for some time acting secretary, and by
Mr. Cockerell, a member of the Council.]

[Footnote 105: _History of Criminal Law_, iii. 299.]

[Footnote 106: _Life of Lord Mayo_, ii. 199.]

[Footnote 107: _History of Criminal Law_, ii. 300-303.]

[Footnote 108: 'Obsolete Enactments Bill,' February 25, 1870.]

[Footnote 109: _Mayo_, ii. 220.]

[Footnote 110: The parties had also to be of certain ages, not already
married, and not within certain degrees of relationship.]

[Footnote 111: See the account of this in _History of Criminal Law_,
iii. 324-346.]

[Footnote 112: _History of Criminal Law_, iii. 345.]

[Footnote 113: _Digest of the Law of Evidence._ Fourth edition, 1893,
pp. 156-9.]

[Footnote 114: An edition of the _Evidence Code_, with notes by Sir H.
S. Cunningham, reached a ninth edition in 1894. It gives the changes
subsequently made, which are not numerous or important.]

[Footnote 115: Sir C. P. Ilbert, however, is mistaken in supposing that
Fitzjames wrote his _Liberty, Equality, Fraternity_ during his official
labours.]

[Footnote 116: _Life of Mayo_, ii. 163.]

[Footnote 117: In _Selections from the Records of the Government of
India_, No. lxxxix., published by authority. Calcutta, 1872.]

[Footnote 118: I do not feel that it would be right to omit this remark,
although I am certain that, taken by itself, it would convey a totally
inaccurate impression of my brother's sentiments about India. I have, I
hope, said enough to indicate his sympathetic interest in Indian matters
and the work of Indian officials. I must trust my readers to understand
that the phrase expresses a mood of intense excitement and must be taken
only as indicating the strength of the passing emotion.]

CHAPTER V

_LAST YEARS AT THE BAR_

I. FIRST OCCUPATIONS IN ENGLAND

Fitzjames had passed the winter of 1871-2 in Calcutta with Henry
Cunningham; his wife h