a learned History of English Law, was tried on a criminal information filed by order of tHe House of Commons for the publication of a speculative essay on the origin of Par liament, entitled "Thoughts on the English Government." The passage particularly offensive to the Commons represented the King as the ancient stock of the constitu tion, while the Lords and Commons were mere branches which might be lopped off
lication of his Rights of Man (22 St. Tr. 357). Erskine braved the displeasure of the king and the solicitations of his friends in appearing for the defense. He did not seek to vindicate Paine's book on its merits, but contended that according to the law of Eng land a writer is at liberty to address the reason of the nation upon the constitution of the government; such a writer is crimi nal only if he seeks to excite them to dis-
THOMAS PAINE without fatal injury to the constitution it self. Although the jury expressed their dis sent from these ultra-Tory principles, they declined to regard Reeves as a criminal (26 St. Tr. 529). Three great cases of this period, in all of which Erskine continued his noble efforts for free speech, deserve especial notice. In 1792, in the midst of the fears excited by the French Revolution, the government brought Thomas Paine to trial for the pub-
obey the law or caluminates living- magis trates. Opinion is free; conduct alone is amenable to the law. Paine was therefore not to be punished because the jury dis approved of his opinions, unless it was also believed that their character and intention was criminal. Erskine showed from the writings of Locke, Milton, Burke and other speculative writers, how far abstract opin ions upon government had been expressed without legal restraint. Although Paine was
^
