as I venture to believe, no one can deny, or
deny to be worth considering. Whatever may be thought of Fitzjames's
judgments of men and things, it must be granted that he may be called,
in the emphatical and lofty sense of the word, a true man. In the dark
and bewildering game of life he played his part with unfaltering courage
and magnanimity. He was a man not only in masculine vigour of mind and
body, but in the masculine strength of affection, which was animated and
directed to work by strenuous moral convictions. If I have failed to
show that, I have made a failure indeed; but I hope that I cannot have
altogether failed to produce some likeness of a character so strongly
marked and so well known to me from my earliest infancy.

FOOTNOTES:

[Footnote 176: _History of Criminal Law_, i. 418.]

[Footnote 177: _History of Criminal Law_, i. 265-272.]

[Footnote 178: Fitzjames had given a slighter account of this curious
subject in the _Contemporary Review_ for February 1871.]

[Footnote 179: _History of Criminal Law_, ii. 81-3.]

[Footnote 180: _Ibid._ iii. 84.]

[Footnote 181: _History of Criminal Law_, ii. 175.]

[Footnote 182: _History of Criminal Law_, i. 442.]

[Footnote 183: Fitzjames discussed this question for the last time in
the _Nineteenth Century_ for October 1886. Recent changes had, he says,
made the law hopelessly inconsistent; and he points out certain
difficulties, though generally adhering to the view given above.]

[Footnote 184: _History of Criminal Law_, iii. 367.]

[Footnote 185: _Nuncomar and Impey_, i. 1.]

[Footnote 186: _Nuncomar and Impey_, ii. 114.]

[Footnote 187: _Ibid._ ii. 247.]

[Footnote 188: _Nuncomar and Impey_, i. 7.]

[Footnote 189: _History of Criminal Law_, i. 456.]

[Footnote 190: Fitzjames kept a journal for a short time at this period,
which gives the facts, also noticed in his letters.]

[Footnote 191: _Law Reports, 6 Queen's Bench Division_, pp. 244-263.]

[Footnote 192: _Law Reports, 12 Queen's Bench Division_, pp. 247-256.]

[Footnote 193: The verses were published in the _St. James's Gazette_ of
Dec. 2, 1881.]

[Footnote 194: His letters appeared in the _Times_ of March 1 and 2 and
June 9, 1883, and were afterwards collected.]

[Footnote 195: His letters appeared on January 1, 4, and 21, and on
April 29 and May 1, 1886.]

[Footnote 196: February 11, 1888; reprinted in the biographical notice
by Sir M. E. Grant Duff, prefixed to the collection of Mai