date

[copyist’s hand] nd To Erskine
[copyist’s hand]

nd

To Erskine

3.

Now then as to the persons to whom in the first place under the name of Whigs, Your Lordship’s eloquence has, on this occasion, been pleased to direct our eyes. These are the Whigs of 1688. Hoping for Your Lordship’s pardon, I decline lifting up my eyes, for the present at least, towards any of those | | Yes, were there any of them in a way to become Candidates for Westminster: or even for any other seat. But M r Lamb’s Great Great Grandfather is too generous I am persuaded to entertain, on this or any other occasion, a thought of attempting to supplant his Honourable Great Great Grandson. This much for the House of Commons. Though all the Erskines, if I understand right, have Kings for fore-fathers, your Lordship and your Lordship’s great Great Grandfather are not exactly the same person. A truth so vulgar, your Lordship’s eloquence seems not to have been perfectly aware of: but to us, who are plain men, it has become necessary to have it in remembrance. Thus much for the House of Lords.

The shades of departed heroes being thus dismissed, I proceed to existing flesh and blood. | | in the concisest manner possible, follows a list of their alledged merits, acknowledged by me beforehand in the quality of good deeds.

1. Merit I. p. 5. A o 177 . American War. This gave rise to ‘a general Spirit of reform’. Opposing the war, Whigs favoured reform.

2. Merit II. A o 17 . Vindication of the Rights of Juries. Rex versus Shipley. Per Kings Bench, we are entitled to make the jury verdict. Per Erskine for Defendant: Not so, but the Jury. Argument after argument, Erskine ultimately and virtually triumphant. N.B. Erskine a Whig.

3. Merit III p. 6. Fox’s Libel Act A o 17 . Juries established in the right of giving their own verdict, law as well as fact included.

4. Merit IV. p. 7. A o 1789 &c. French Revolution. Whigs took advantage of it: supported the Revolutionists: opposed Britain’s interference: formed themselves into a Society – that of the Friends of the people – for introducing reform into the parliamentary representation.

5. Merit V. p. 9. A o 1793. Publishing a Declaration exposing the vices of the existing system of Representation.
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  • Title: [1819 March 17 Lett. II. + + To Erskine]
    Description: 1819 March 17 Lett. II. + +

    To Erskine

    II. Whig Merits

    §.2 Merits consolidated

    7

    1

    5

    1 Merit I. p. 5. A o 177-: American War. This gave rise to “a general spirit of reform”. Opposing the war, Whigs favoured reform.

    2. Merit II. A o 17| | Vindication of the Rights of Juries. Rex versus Shipley. Per King’s Bench. We are entitled to make the Jury’s Verdict. Per Erskine for Defendant. Not so, but the Jury. Argument after argument, Defendant /Erskine/ ultimately triumphant. N.B. Erskine a Whig.

    3. Merit III. p.6 Fox’s Libel Act. A o 17-. Juries established with right of giving them their own Verdict, law as well as fact included.

    4. Merit IV. p. 7. A o 1789 &c. French Revolution. Whigs took advantage of it, supported the Revolutionists: opposed Britains interference: formed themselves into a Society – that of the Friends of the People – for introducing reform into the parliamentary representation.

    5. Merit V. p. 9. A o 1793. Publishing a /their/ Declaration exposing the vices of the existing system of Representation.

    6. Merit VI. p. 10. A o 1794. When the Ultra-Whigs, who were for carrying the above Whig theory into practice were prosecuted for it, the Whigs – though they would not go along with them /stopped shut/ – gave them, when under prosecution, their countenance and support. Erskine, then a Parliament man, and a Whig leader, gave up for the time his “lucrative practice” in Westminster Hall, and pleaded at the Old Bailey gratis.

    7. Merit VII p. 12. A o 1794 to 1818. Opposing divers liberticide Bills: namely Meeting-prevention-Bills, and others which are indicated.
  • Title: [[copyist’s hand] nd [wm 1818]]
    Description: [copyist’s hand]

    nd [wm 1818]

    To Erskine

    1

    Under this head, one case stands preminent. It is that of Doctor Shipley, still Dean of Saint Asaph. In the natural order of things it stood first in your Lordships thoughts. In that case the Whigs were M r Erskine: it brought forth the first fruits of that eloquence of which the latest, but not (I hope) the last fruits are before me. Sir William | | wrote a pamphlet. D r Shipley published it. By the Attorney General it was deemed a libel. D r Shipley, my old schoolfellow and | | was prosecuted for it. M r Erskine was his Counsel. M r Erskine made a stand. M r Fox found, by this means, time enough to bring in a Bill, which, as far as it went, was a very good Bill, and passed into a very good law.

    It declared that in case of libel instead of its depending upon the arbitrary power of a Judge or Judges alone to cause a written discourse to be deemed a libel it should not be in their power without the concurrence the like arbitrary power in the hands of a Jury. M r Erskine pleaded with most extraordinary ability, with corresponding intrepidity and perseverance and with more than expected success. M r Erskine had been retained and feed for doing so: it had become his duty so to do: had M r Erskine been retained on the other side, he would have done his duty. M r Erskine never shrunk from any such duty. Englishmen, aye and Scotchmen too, always do their duty. England expects every man to do his duty. It was Lord Nelson’s duty to kill Frenchmen by sea: he killed plenty of them. It was the Duke of Wellington’s duty to kill them by land: he killed plenty of them. Being his inclination, it became thereby his duty to kill the Flemish press: he killed the flemish press. It was M r Erskine’s duty to save Jury trial: he saved it. Had it been his duty to kill Jury trial, he would have killed it. The duty which comes fee in hand need never fear neglect: except indeed when a prospect is seen of some greater gain in case of its being neglected; or some more than equivalent damage in case of its not being neglected. Good deed nay excellent deed | |: self sacrifice, no. Without a Press more or less free, no field have any opposition to fight a Ministry in. In Parliament they were beaten of course. I come back to my text. Self-sacrifice none: merit therefore none.
  • Title: [1819 May 1. + Lett. II. Whig Merits]
    Description: 1819 May 1. +

    Lett. II. Whig Merits

    3

    Now then as to the persons, to whom in the first place, under the name of Whigs, Your Lordship’s eloquence has, on this occasion, been pleased to direct our eyes. These are the Whigs of 1688. Hoping for Your Lordship’s pardon, I decline lifting up my eyes for the present at least, towards any of those heroes. Yes, were they any of them in a way to become Candidates for Westminster: – or even for any other seat. But M r Lambs Great-great-grandfather is too generous I am persuaded to entertain, on this or any other occasion a thought of attempting to supplant his Honourable Great-great-grandson. Thus much for the House of Commons. Though all the Erskines, if I understand aright, have Kings for forefathers, Your Lordship and Your Lordship’s Great-Great-grandfather are not exactly the same person; A truth so vulgar, Your Lordships eloquence seems not to have been perfectly aware of: but to us, who are plain men, it has become necessary to have it in remembrance. Thus much for the House of Lords.