Speeches of Lord Erskine, when at the Bar: On Miscellaneous Subjects |
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Page 11
... protected by the benevo- lence of our institutions , the utmost good faith would , on his part , be due to the public if he had consciousness and reason to reflect upon the ob- ligation . The duty , therefore , devolves on me , There ...
... protected by the benevo- lence of our institutions , the utmost good faith would , on his part , be due to the public if he had consciousness and reason to reflect upon the ob- ligation . The duty , therefore , devolves on me , There ...
Page 12
... protection of the law for the unhappy man be- fore you . I should , indeed , be ashamed if I were to say any thing of the rule in the abstract by which he is to be judged , which I did not honestly feel ; and I am sorry , therefore ...
... protection of the law for the unhappy man be- fore you . I should , indeed , be ashamed if I were to say any thing of the rule in the abstract by which he is to be judged , which I did not honestly feel ; and I am sorry , therefore ...
Page 17
... protect a man from criminal responsibility , there must be a TOTAL deprivation of memory and understanding . I admit that this is the very expression used , both by Lord Coke and by Lord Hale ; but the true interpretation of it * N . B ...
... protect a man from criminal responsibility , there must be a TOTAL deprivation of memory and understanding . I admit that this is the very expression used , both by Lord Coke and by Lord Hale ; but the true interpretation of it * N . B ...
Page 18
... protect a man from punishment , he must be in such a state of prostrated intellect , as not to know his name , nor his condition , nor his relation towards others - that if a husband , he should not know he was married ; or , if a ...
... protect a man from punishment , he must be in such a state of prostrated intellect , as not to know his name , nor his condition , nor his relation towards others - that if a husband , he should not know he was married ; or , if a ...
Page 22
... protection of insanity to a man who only exhibits violent passions and malignant resent- ments , acting upon real circumstances ; who is im pelled to evil from no morbid delusions ; but who proceeds upon the ordinary perceptions of the ...
... protection of insanity to a man who only exhibits violent passions and malignant resent- ments , acting upon real circumstances ; who is im pelled to evil from no morbid delusions ; but who proceeds upon the ordinary perceptions of the ...
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Speeches of Lord Erskine, When at the Bar, on Miscellaneous Subjects ... Thomas Erskine No preview available - 2018 |
Common terms and phrases
admit adultery affection appear appoint Attorney-General authority Bingham bishop of Bangor Bishop of Landaff cause character charged church circumstances civil client commission of govern committed conduct considered constitution convicted council counsel court of King's crime criminal Cuthell Cuthell's damages defendant delusion deputy registrar diocese duty evidence facts Gentlemen Grindley Grindley's guilty happiness honor human indictment injury insanity intention judge judgment jurisdiction jury justice King King's Bench learned friend libel Lord Erskine Lord Mansfield Lord Pigot Lordship magistrate majority manner ment mind murder nature negligence never non compos mentis offence passions person pistol plaintiff possession present President principle prisoner proceeding proof prosecution prosecutor protection proved publisher punishment question racter reason refused religion respect riot sion situation speech stand subversion supposed Tanjore thing tion transaction trial trust unhappy verdict violence Wakefield whole witness
Popular passages
Page 96 - I am not ripe to pass sentence on the gravest public bodies, intrusted with magistracies of great authority and dignity, and charged with the safety of their fellowcitizens, upon the very same title that I am. I really think that for wise men this is not judicious, for sober men not decent, for minds tinctured with humanity not mild and merciful.
Page 166 - riot' is described to be a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 205 - Evil into the mind of God or man May come and go, so unapproved, and leave No spot or blame behind...
Page 15 - It is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances, duly to be weighed and considered both by judge and jury ; lest, on the one side, there be a kind of inhumanity towards the defects of human nature ; or, on the other side, too great an indulgence given to great crimes...
Page 13 - ... man which makes him accountable for his actions, and that the deprivation of reason acquits him of crime. This principle is indisputable ; yet so fearfully and wonderfully are we made, — so infinitely subtle is the spiritual part of our being, — so difficult is it to trace with accuracy the effect of diseased intellect upon human action, that I may appeal to all who hear me, whether there are any causes more difficult, or which indeed so often confound the learning of the judges themselves,...
Page 228 - Whose heart he knows he has not ; though she brings A mine of gold, a kingdom for her dowry. For let her seem, like the night's shadowy queen, Cold and contemplative — he cannot trust her : She may, she will, bring shame and sorrow on ¡lira : The worst of sorrows, and the worst of shames ! Glen.
Page 222 - Mr. Bingham this day could have, by me, addressed to you his wrongs in the character of a plaintiff demanding reparation, what damages might I not have asked for him; and, without the aid of this imputed eloquence, what damages might I not have expected ? " I would have brought before you a noble youth, who had fixed his affections upon one of the most beautiful of her sex, and who enjoyed hers in return. I would have shown you their suitable condition ; I would have painted the expectation of an...
Page 9 - ... of the supposed assassin was touched. In this unparalleled scene of calm forbearance, the King himself, though he stood first in personal interest and feeling as well as in command, was a singular and fortunate example. The least appearance of emotion on the part of that august personage, must unavoidably have produced a scene quite different, and far less honorable than the court is now witnessing; but His Majesty remained unmoved, and the person apparently offending was only secured, without...
Page 205 - ... that you are of a different sex. It is that which enables you, in the same manner, to live familiarly with your nearest female relations, without those desires which are natural to man. " Next to the tie of blood (if not, indeed, before it), is the sacred and spontaneous relation of friendship. The man who comes under the roof of a married friend ought to be under the dominion of the same moral restraint ; and, thank God, generally is so, from the operation of the causes which I have described....
Page 209 - For it is not an open enemy that hath done me this dishonour ; for then I could have borne it : neither was it mine adversary that did magnify himself against me ; for then peradventure I would have hid myself from him : but it was even thou, my companion, my guide, and mine own familiar friend.