Speeches of Lord Erskine, While at the Bar (Volume 1 )

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1870 Excerpt: ... Argument in the King's Bench in support of the Rights of Juries. By the Honorable THOMAS ERSKINE. I Am now to have the honor to address myself to your lordship in support of the rule granted to me by the court upon Monday last, which, as Mr. Bearcroft has truly said, and seemed to mark the observation with peculiar emphasis, is a rule for a new trial. Much of my argument, according to his notion, points another way; whether its direction be true, or its force adequate to the object, it is now my business to show. In rising to speak at this time, I feel all the advantage conferred by the reply over those whose arguments are to be answered; but I feel a disadvantage likewise, which must suggest itself to every intelligent mind. In following the objections of Xo more fitting words of eulogy can be pronounced upon this effort of Mr. Erskine's, than those of Lord Campbell. He says: Erekine's addresses to the court in moving, and afterwards in supporting his rule, display, beyond all comparison, the most perfect union of argument and eloquence ever exhibited in Westminster Hall. He laid down five propositions, most logically framed and connected, which, if true, completely established his case; and he supported them with a depth of learning which would have done honor to Selden or Hale, while he was animated with an enthusiasm which was peculiarly his own. Though appealing to judges who heard him with aversion or indifference, he was as spirited as if the decision had depended on a favorable jury, whose feelings were entirely under his control. So thoroughly had he mastered the subject, and so clear did he make it, that he captivated alike old black-letter lawyers and statesmen of taste and refinement. so many learned persons, offered under different arrangeme...