and bowing
more and more before the 'sons of Zeruiah,' who would be too strong for
them in the end. For behind all this was arising a social and religious
revolution, the end of which could be foreseen by no one. I dread, he
says, the spread of my own opinions. The whole of society seems to be
exposed to disintegrating influences. Young men have ceased to care for
theology at all. He quotes a phrase which he has heard attributed to a
very clever and amiable undergraduate whose tutor had spoken to him
about going to chapel. If, said the pupil, there be really such a deity
as you suppose, it appears to me that to praise him would be impertinent
and to pray to him superfluous. What is to happen when such opinions are
generally spread, and when the populace discovers that their superiors
do not really hold the creeds which they have declared to be essential
to society?

IX. APPOINTMENT TO A JUDGESHIP

Meanwhile, Fitzjames had been receiving various proofs of rising
reputation. In January 1877 he was made K.C.S.I. He expresses his
pleasure at having the name of India thus 'stamped upon him'; and speaks
of the very friendly letter in which Lord Salisbury had announced the
honour, and of his gratitude for Lord Lytton's share in procuring it.
The University of Oxford gave him the honorary D.C.L. degree in 1878. He
was member of a Commission upon fugitive slaves in 1876, and of a
Commission upon extradition in 1878.[175] He was also a member of the
Copyright Commission appointed in October 1875, which reported in 1878.
He agreed with the majority and contributed a digest of the law of
copyright. He had occasional reasons to expect an elevation to the
bench; but was as often disappointed. Upon the death of Russell Gurney
(May 31, 1878) there was some talk of his becoming Recorder of London;
but he did not much regret the speedy disappearance of this prospect,
though it had its attractions. He was three times (1873, 1877, and 1878)
appointed to act as judge upon circuit. When at last he was entrusted
with the preparation of the Criminal Code in 1877, the Attorney-General
expressed the opinion that a satisfactory execution of the task would
entitle him to a judgeship, but could not give any definite pledge.
When, however, in July 1878, it was determined to appoint a Commission
to prepare a code for Parliament, Fitzjames said that he would be unable
to undertake a laborious duty which would make practice at the bar
impossible f