The Speeches of the Hon. Thomas Erskine: (now Lord Erskine), when at the Bar, on Subjects Connected with the Liberty of the Press, and Against Constructive Treasons, Volume 1J. Ridgway, 1810 - Freedom of the press |
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acquit admit affidavit afterwards almanacks answer appears applied argument Asaph assembled authority averment Bearcroft believe bill bound Bushel's cause charge Chief Justice constitution Counsel Court of King's crime criminal intention Crown Dean of St Defendant's Dialogue direction doctrine duty Erskine evidence fact of publication Gentlemen give Greenwich Hospital guilty of publishing high treason honour House of Commons House of Lords indictment inference innocent innuendos Judge's judgment jurisdiction Juror Jury Justice Buller King King's Bench Landmen learned friend learned Judge liberty lishing Lord George Gordon Lord Mansfield Lordship matter mean ment multitude neral never object opinion pamphlet paper Parliament petition present principle printed Prisoner proof prosecution Prosecutor protection question of law question of libel reason record Scotland seditious Sir William Jones special verdict supposed tell thing tion told trial verdict of Guilty whole witnesses words Wrexham
Popular passages
Page 385 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 351 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it.
Page 281 - For, as Sir Matthew Hale well observes, (c) it would be a most unhappy case for the judge himself, if the prisoner's fate depended upon his directions; unhappy, also, for the prisoner; for if the judge's opinion must rule the verdict, the trial by jury would be useless.
Page 184 - Wherever law ends, tyranny begins, if the law be transgressed to another's harm. And whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command to compass that upon the subject which the law allows not, ceases in that to be a magistrate, and acting without authority may be opposed, as any other man who by force invades the right of another.
Page 352 - Now you are to consider, whether these words I have read to you, do not tend to beget an ill opinion of the administration of the government ? To tell us, that those that are employed know nothing of the matter, and those that do know are not employed. Men are not adapted to offices, but offices to men, out of a particular regard to their interest, and not to their fitness for the places; this is the purport of these papers.
Page 366 - the first command and counsel of my youth always to do what my conscience told me to be my duty, and to leave the consequences to God. I shall carry with me the memory, and, I trust, the practice of this paternal lesson to the grave.
Page 32 - Lord has, in my mind, acted such a part" * » * ' [Here, Lord Mansfield observing the Counsel heated with his subject, and growing personal on the first Lord of the Admiralty, told him that Lord was not before the Court.'} " I know that he is not formally before the Court ; but, for that very reason, I will bring him before the Court.
Page 96 - George had never been there, advised him to recollect himself, he desired to consult his notes. First, he is positively sure, from his memory, that he had seen him there; then he says he cannot trust his memory without referring to his papers ; on looking at them, they contradict him ; and he then confesses, that he never saw Lord George Gordon at Greenwood's room in January, when his note was taken, nor at any other time. But why did he take notes ? He said it was because he foresaw what would happen....
Page 386 - Provided also, that in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move in arrest of judgment on such ground and in such manner as by law he or they, might have done before the passing of this act, any thing herein contained to the contrary notwithstanding.
Page 96 - ... fabrication to give the show of correctness to his evidence, attacked him with a shrewdness for which he was wholly unprepared. You remember the witness had said, that he always took notes when he attended any meetings where he expected their deliberations might be attended with dangerous consequences. ' Give me one instance,' says Mr. Kenyon, ' in the whole course of your life, where you ever took notes before.