Biography.

In my selection of cases to be reported I have been guided by a variety of considerations. Personally, I admit that I like the political cases best. There is a squalor about private crime, which, though I like it myself, is inferior to politics as a staple. Besides, one has heard of the heroes of the political trials before; and to read Raleigh's little retort when Coke complains of a want of words adequately to express his opinion of Raleigh; to be reminded how the worst of kings proved himself an admirable lawyer, and the possessor of manners which, in a humbler station, would assuredly have made the man; to hear the jokes as to Essex's responsibility for the financial prospects of the proposed revolution which amused the company of desperate men in the wine-merchant's upper room; to come across the ghost of the conversation in lonely St. Martin's Lane between the revellers at the Greyhound Tavern, and its interruption by the hostile band hurrying to the duel in Leicester Fields, creates, in my mind at least, the fantastic illusion that Raleigh, Charles I., Russell, Mohun, and the rest of them were all once actually alive.

I feel that I have unduly neglected the claims of what, at the period I have had to do with, was the sister kingdom of Scotland. The Scotch were not then, taking the difference of the population of the two countries into consideration, at all behind the English in the production of treason, murder, and other interesting forms of crime; and their misdeeds were in many respects the more picturesque of the two. I had hoped to place before my readers the true account, or what passes for such, of that murder of Colin Roy Campbell of Glenure which, as we now know, produced such romantic consequences for David Balfour. The 'Forty-five should have been represented, and Lord Lovat's adventures ought to have served my purpose to a turn. But, alas! the lawyers on these occasions have been hopelessly beaten by the professed story-tellers; and the reports of the trials of Lord Lovat and James Stewart are as dull as the romances of Waverley and Catriona are entrancing. Why this should be so I do not know. I can ascribe it only to the inferiority of the Scots criminal procedure to our own; and ignorance prevents me from proving that inferiority by any other fact than the one which I am anxious to account for.

After diligent and minute inquiry, I am pleased, though not surprised, to find that Ireland was perfectly free from serious crime during the whole of the seventeenth and eighteenth centuries.

Since making my selection of trials I have become aware that Mr. Leslie Stephen, in his Hours in a Library, has chosen for notice precisely those trials which I have reported. I must disclaim any merit in having made the same selection as such an eminent critic; but at the same time I can confidently affirm that my choice was made before I had read the essay in question. Whether I have been guilty of the crime of plagiarism in this particular I cannot say; neither, as far as that goes, do I care. My readers at least have no reason to complain, and I can count on you, Gerald, to join with me in deprecating the wrath of the outraged author.

Trusting confidently in your co-operation to secure for this little collection as favourable a reception as may be from that public for whose taste we both have so much respect,—I remain, yours to command,

H. L. STEPHEN.

The Inner Temple,

31st December 1898.

SIR WALTER RALEIGH[1]

Raleigh's trial is so closely connected with the politics of the time that it cannot be properly understood without reference to them. James owed his succession to the throne, at all events the undisputed recognition of his right to that succession, in a great measure to Cecil's elaborate and careful preparations. It was therefore natural enough that Cecil's position as chief minister should be confirmed at the beginning of the new reign: but this fact drove two important parties into opposition to the new order of things. The Earl of Northumberland, Lord Grey, Lord Cobham, and Sir Walter Raleigh found themselves deprived of all chance of obtaining power, and the Catholics gradually realised that their position was not likely to be substantially improved. Northumberland indeed was won back by promises of royal favour, but Raleigh was deprived of his captainship of the Royal Guards and his post of Warden of the Stannaries, whilst his monopoly in wine was threatened. The all-important question of foreign politics formed a centre on which the international struggle for power turned. James himself was a stranger to the national hatred for the Spaniards which had hitherto been Raleigh's guiding principle. Cecil was probably more anxious for peace than anything else, though desirous to do all he could to advance the power of the Netherlands and hold the Spaniards in check. Meanwhile the various foreign powers concerned prepared to make what profit they could out of the altered state of England. A mission from the Netherlands effected practically nothing. The Duke of Sully, the ambassador from Henry iv. of France, obtained some assistance towards prolonging the defence of Ostend against the Spanish forces. The Archduke Albert[2] sent the Duke of Aremberg, not to negotiate, but to protract the time till the Court of Spain could decide upon a policy.

Northumberland, together with Raleigh and Cobham, seem to have made overtures to Sully which were rejected, on which the two latter transferred their attentions to the Spanish interest, and certainly put themselves into communication with Aremberg. Meanwhile an extreme and apparently weak party among the Catholics entered into an obscure and violent undertaking popularly known as the 'surprising' or 'Bye' plot as contrasted with Raleigh's, known as the 'Main.' Watson, a secular priest, whose main motive, in Professor Gardiner's view, was a hatred of the Jesuits, had taken a leading part in reconciling the English Catholics to James's accession. Irritated by the exaction of fines for recusancy instituted at the beginning of the new reign, he allied himself with Clarke, another priest, Sir Griffin Markham, a Catholic gentleman discontented with the government for private reasons, George Brooke, Lord Cobham's brother, and Lord Grey. A fantastic scheme propounded by Markham was adopted, and the conspirators decided to seize the King while hunting, to carry him to the Tower, on the plea of protecting him from his enemies, and there install themselves in power under the shadow of his name. They were, as represented by Coke in Raleigh's trial, to swear to protect the Sovereign from all his enemies, and they affected to have a large following in the country. Copley, an insignificant recruit, was added to the party, and the execution of the plot was fixed for the 24th of June. On that day, however, their partisans proved to be too few for their designs, and the next day Grey separated himself from them. Meanwhile the Jesuits had become aware of the plot and communicated their knowledge to the