ALICE LISLE, 239

_The portraits of_ SIR WALTER RALEIGH _and_ LORD RUSSELL _are taken from

photographs of pictures in the National Portrait Gallery, by permission

of_ Messrs. WALKER and BOUTALL.

To G. DE L'E. D.

DEAR GERALD,--As you suggested the idea of this book to me, and as I

know that whether it succeeds or fails I can count confidently on your

sympathy, I will throw into the form of a letter to you the few remarks

which I might otherwise put into a preface. For as I have confessions to

make which amount almost to an apology, I had rather address them to one

who is pledged to express the most favourable possible view of my

literary efforts, such as they are, than to that hypothetical reader, of

whose tastes I feel most shamefully ignorant, though I am ready to

assume everything in his favour.

Far abler writers than I have frequently dilated on the charms attending

a study of the reports of State Trials, as they are best known to the

world; namely, in one-and-twenty stately volumes compiled by the

industrious Howells, father and son, and published, a year after the

battle of Waterloo, by the combined efforts of on a few of my

contemporaries the idea that persons long since dead on the block or the

gallows were Englishmen very much like ourselves, my object is secured.

My task has been confined to a selection of passages to be transferred

bodily from Howell's pages; to providing in an abbreviated form the

connecting-links between them; and to the supply of sufficient notes to

enable the ordinary reader to understand the main outlines of the

stories of which the trial generally constitutes the catastrophe. As to

my takings from Howell, I need say but little. I have indicated their

existence by a change of type. I have carefully preserved those

departures from conventional grammar, and that involved and uncouth,

but, for that very reason, life-like style of narration which he and his

predecessors inherited from the original but unknown authorities. As to

my abbreviations, I am fully aware that they do not represent any very

high literary effort. It is, I suppose, impossible that mere

condensation of another man's narrative should be done very well; but it

can certainly be done very ill. My aim, therefore, has been rather to

escape disaster than to achieve any brilliant success. The charm of

State Trials lies largely in matters of detail:--that Hale allowed two

old women to be executed for witchcraft; that Lord Russell was obviously

a traitor; that an eminent judge did not murder a woman in the early

part of his career; and that a sea-captain did murder his brother in

order to inherit his wealth, are in themselves facts of varying

importance. What the trials in these cases tell us, however, as nothing

else can, is what were the popular beliefs as to witchcraft shared by

such a man as Hale; how revolutions were planned while such things were

still an important factor in practical politics; and what was the state

of the second city in the kingdom when a man could be kidnapped in its

busiest streets by a gang of sailors and privateers-men. And this effect

can only be reproduced by considering a mass of detail, picturesque

enough in itself, but not always strictly relevant to the matter in

hand. Again, to a lawyer at all events, it is impossible to omit those

matters which show that the process which goes on at regular intervals

in all the criminal courts in the country is essentially the same that

it always has been since the Reformation; and accordingly I have not

hesitated to indicate as fully as my original made possible the

procedure, in the narrower sense of the word, followed at the various

trials reported. In the matter of notes I have done my best, in a very

narrow compass, to indicate how the trials were connected with

contemporary history. I have also reminded the reader (to use the

conventional phrase) of the fate of the various characters who are to be

met with in each trial. In particular, I have aimed at bringing to the

fore what must, after all, be the main point of interest in any trial;

namely, who were the counsel briefed, and how they came to be briefed;

who were the judges that tried it, how they came to be judges, and what

position they held in the opinion of the junior bar at the time. For

this part of my work I have taken care to have recourse to the best and

most modern authority, and have stated hardly any facts which are not

vouched for by the editor of the _Dictionary of National 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,

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