e when they went the next circuit together. I do not know
whether the fate of the measure was affected by Cockburn's opinion. In
any case the change of ministry in 1880 put an end to the prospects of
the code for the time. In 1882, to finish the story, the part relating
to procedure was announced as a Government measure in the Queen's
speech. That, however, was its last sign of life. The measure vanished
in the general vortex which swallows up such things, and with it
vanished any hopes which Fitzjames might still entertain of actually
codifying a part of English law.
VII. ECCLESIASTICAL CASES
Fitzjames's professional practice continued to be rather spasmodic;
important cases occurring at intervals, but no steady flow of profitable
work setting in. He was, however, sufficiently prosperous to be able to
retire altogether from journalism. The 'Pall Mall Gazette' during his
absence had naturally got into different grooves; he had ceased to
sympathise with some of its political views; and as he had not time to
throw himself so heartily into the work, he could no longer exercise the
old influence. A few articles in 1874 and 1875 were his last
contributions to the paper. He felt the unsatisfactory nature of the
employment. He calculates soon afterwards that his collected works would
fill some fifty volumes of the size of 'Liberty, Equality, Fraternity,'
and he is anxious to apply his energy to less ephemeral tasks. His
profession and his codes gave him work enough.
His most remarkable professional employment arose out of certain
ecclesiastical cases. Sir Francis Jeune, who was concerned in some of
them, has kindly described his impressions to me. Fitzjames's connection
with certain prosecutions directed against the ritualists arose from a
conversation between Sir F. Jeune, who was then junior counsel to the
English Church Union, and its secretary the late Sir Charles Young. A
counsel was required who should unite 'plenty of courage' to an intimate
knowledge of the Criminal Law and power of appreciating the results of
historical research. Fitzjames 'combined these requirements in a
wonderful way.' Sir F. Jeune makes reservations similar to those which I
have had to notice in other applications, as to Fitzjames's want of the
subtlety and closeness of reasoning characteristic of the greatest
lawyers. He saw things 'rather broadly,' and his literary habits tended
to distract him from the precise legal point. 'I always thou
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