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Lloyd Kenyon, 1st Baron Kenyon Quotes

Lloyd Kenyon, 1st Baron Kenyon, , was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP.

On 27 March 1784, he was appointed Master of the Rolls, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802. Wikipedia  

✵ 5. October 1732 – 4. April 1802
Lloyd Kenyon, 1st Baron Kenyon photo
Lloyd Kenyon, 1st Baron Kenyon: 92 quotes0 likes

Famous Lloyd Kenyon, 1st Baron Kenyon Quotes

“A Court of equity knows its own province.”

Lloyd Kenyon, 1st Baron Kenyon

Mayor, &c. of Southampton v. Graves (1800), 8 T. R. 592.

“Apprentices and servants are characters perfectly distinct: the one receives instruction, the other a stipulated price for his labour.”

Lloyd Kenyon, 1st Baron Kenyon

The King v. Inhabitants of St. Paul's, Bedford (1797), 6 T. R. 454.

“Concessions made for the purpose of settling the business for which the action is brought, cannot be given in evidence; but facts admitted I have always received.”

Lloyd Kenyon, 1st Baron Kenyon

Turner v. Railton (1796), 2 Esp. 475.

“It is a rule that those who come into a Court of justice to seek redress, must come with clean hands, and must disclose a transaction warranted by law.”

Lloyd Kenyon, 1st Baron Kenyon

Petrie v. Hannay (1789), 3 T. R. 422.

“It is necessary for Courts of Justice to hold a strict hand over summary proceedings before magistrates, and I never will agree to relax any of the rules by which they have been bound. Their jurisdiction is of a limited nature, and they must shew that the party was brought within it.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Stone (1800), 1 East, 650.

“In the hurry of business, the most able Judges are liable to err.”

Lloyd Kenyon, 1st Baron Kenyon

Cotton v. Thurland (1793), 5 T. R. 409.

Lloyd Kenyon, 1st Baron Kenyon Quotes about laws

“All laws stand on the best and broadest basis which go to enforce moral and social duties.”

Lloyd Kenyon, 1st Baron Kenyon

Pasley v. Freeman (1789), 3 T. R. 51.

“He had no right to take the law into his own hands.”

Lloyd Kenyon, 1st Baron Kenyon

Tarleton v. McGawley (1795), 2 Peake, N. P. Ca. 208

“It is a maxim in our law that a plaintiff must shew that he stands on a fair ground when he calls on a Court of justice to administer relief to him.”

Lloyd Kenyon, 1st Baron Kenyon

Booth v. Hodgson (1795), 6 T. R. 409.

“The natural leaning of our minds is in favour of prisoners; and in the mild manner in which the laws of this country are executed, it has rather been a subject of complaint by some that the Judges have given way too easily to mere formal objections on behalf of prisoners, and have been too ready on slight grounds to make favourable representations of their cases. Lord Hale himself, one of the greatest and best men who ever sat in judgment, considered this extreme facility as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence." We must, however, take care not to carry this disposition too far, lest we loosen the bands of society, which is kept together by the hope of reward, and the fear of punishment. It has been always considered, that the Judges in our foreign possessions abroad were not bound by the rules of proceeding in our Courts here. Their laws are often altogether distinct from our own. Such is the case in India and other places. On appeals to the Privy Council from our colonies, no formal objections are attended to, if the substance of the matter or the corpus delicti sufficiently appear to enable them to get at the truth and justice of the case.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Suddis (1800), 1 East, 314. Lord Kenyon is later reported to have written, "I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord Hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their own innocence". King v. Airey (c. 1800), 2 East, 34.

“The practice of the Court forms the law of the Court.”

Lloyd Kenyon, 1st Baron Kenyon

Wilson v. Rastall (1792), 4 T. R. 757.

“Courts of equity make their decrees so as to arrive at the justice of the case without violating the rules of law.”

Lloyd Kenyon, 1st Baron Kenyon

Clayton v. Adams (1796), 6 T. R. 605.

Lloyd Kenyon, 1st Baron Kenyon Quotes about justice

“I have heard that it was the perfection of the administration of criminal justice to take care that the punishment should come to few and the example to many.”

Lloyd Kenyon, 1st Baron Kenyon

Eaton's Case (1793)

“A plaintiff who comes into a Court of justice must show that he is in a condition to maintain his action.”

Lloyd Kenyon, 1st Baron Kenyon

Morton v. Lamb (1797), 7 T. R. 129.

“I hope that there is no jealousy, or even ground of jealousy, on the part of the Americans, but that they know that when their rights come to be discussed here the greatest attention will be paid to their interests. They have long been acquainted with the habits of this country, and with the mode of administering justice here : until within these few years their causes used to come over here to be discussed, and I never heard that the decisions in our Courts ever awakened the least jealousy in the breasts of the inhabitants of that country.”

Lloyd Kenyon, 1st Baron Kenyon

Wilson v. Marryat (1798), 8 T. R. 44.

“It is necessary to the administration of justice that every person who is accused of a crime should have an opportunity of being heard in his defence against the charge of which he is accused.”

Lloyd Kenyon, 1st Baron Kenyon

The King v. Justices of Surrey (1794), 6 T. R. 78.

“The learned counsel has very properly avoided all political discussions unconnected with the subject, and I shall follow his example. Courts of justice have nothing to do with them.”

Lloyd Kenyon, 1st Baron Kenyon

Trial of John Vint and others (1799), 27 How. St. Tr. 640.

“We are obliged to hear all that witnesses have to say; but it is a canticle of Courts of justice that witnesses non numerentur sed ponderentur: they are not to be numbered but weighed. It is the nature of the human mind, it is the perfection of the human heart, to serve a friend in distress; but in doing so, a man should not transgress the higher calls of religion and morality, the obligations of an oath. We are not monks and recluses, as was said in another place,1 but come from a class in society that I hope and believe gives us opportunities of seeing as much of the world, and that has as much virtue amongst its members as any other, however elevated.”

Lloyd Kenyon, 1st Baron Kenyon

Rex v. Rusby (1800), Peake's N. P. Ca. 193.

Lloyd Kenyon, 1st Baron Kenyon: Trending quotes

“What a man does in his closet ought not to affect the rights of third persons.”

Lloyd Kenyon, 1st Baron Kenyon

Outram v. Morewood (1793), 5 T. R. 123.

“The character of the Judges is public property, and if they have done anything amiss, they ought to be censured. But if not, their characters ought to be respected; otherwise the most mischievous consequences will arise to the public.”

Lloyd Kenyon, 1st Baron Kenyon

Holt's Case (1793), 22 How. St. Tr. 1234.

“We must not, by any whimsical conceits supposed to be adapted to the altering fashions of the times, overturn the established law of the land: it descended to us as a sacred charge, and it is our duty to preserve it.”

Lloyd Kenyon, 1st Baron Kenyon

Clayton v. Adams (1796), 6 T. R. 605.

Lloyd Kenyon, 1st Baron Kenyon Quotes

“Sitting in a Court of law, I can receive no evidence but what comes under the sanction of an oath.”

Lloyd Kenyon, 1st Baron Kenyon

Wright v. Barnard (1797), 2 Esp. 701.

“Two universities have been founded in this country, amply endowed and furnished with professors in the different sciences; and I should be sorry that those who have been educated at either of them should undervalue the benefits of such an education.”

Lloyd Kenyon, 1st Baron Kenyon

King v. The College of Physicians (1797), 7 T. R. 288.

“With regard to the construction of statutes according to the intention of the legislature, we must remember that there is an essential difference between the expounding of modern and ancient Acts of Parliament. In early times the legislature used (and I believe it was a wise course to take) to pass laws in general and in few terms; they were left to the Courts of law to be construed so as to reach all the cases within the mischief to be remedied. But in modern times great care has been taken to mention the particular cases in the contemplation of the legislature, and therefore the Courts are not permitted to take the same liberty in construing them as they did in expounding the ancient statutes.”

Lloyd Kenyon, 1st Baron Kenyon

Bradley and another v. Clark (1793), 5 T. R. 201.

“Some modern cases have in my opinion gone too far.”

Lloyd Kenyon, 1st Baron Kenyon

Walford v. Duchess de Pienne (1797), 2 Esp. 555.

“It is not for human judgment to dive into the heart of man, to know whether his intentions are good or evil.”

Lloyd Kenyon, 1st Baron Kenyon

Case of John Lambert and others (1793), 22 How. St. Tr. 1018.

“The discussion which was made by Luther, Melancthon, and the other persons who preceded the Reformation, opened the eyes or the public; and they got rid of the delusions which had been spread by the Pope of Rome, and emancipated mankind from the spiritual tyranny they were under, and brought about the establishment of that religion which we now enjoy in this country.”

Lloyd Kenyon, 1st Baron Kenyon

Reeves' Case (1796), 26 How. St. Tr. 591.

“It is of infinite importance to the public that the acts of magistrates should not only be substantially good, but also that they should be decorous.”

Lloyd Kenyon, 1st Baron Kenyon

The King v. Sainsbury (1791), 4 T. R. 456.

“The family consists of those who live under the same roof with the pater familias; those who form (if I may use the expression) his fire-side.”

Lloyd Kenyon, 1st Baron Kenyon

R. v. Inhabitants of Darlington (1792), 4 T. R. 800.

“There are many situations in life, and particularly in the commercial world, where a man cannot by any diligence inform himself of the degree of credit which ought to be given to the persons with whom he deals; in which cases he must apply to those whose sources of intelligence enable them to give that information. The law of prudence leads him to apply to them, and the law of morality ought to induce them to give the information required.”

Lloyd Kenyon, 1st Baron Kenyon

Pasley v. Freeman (1789), 3 T. R. 51.

“It is impossible for the Court to foresee when a sentence begins how it will end, and, sometimes, mischief is done before we are sure that the sentence will conclude in an offensive manner.”

Lloyd Kenyon, 1st Baron Kenyon

Williams' Case (1797), 26 How. St. Tr. 709.

“The liberty of the press is dear to England; the licentiousness of the press is odious to England: the liberty of it can never be so well protected as by beating down the licentiousness.”

Lloyd Kenyon, 1st Baron Kenyon

Cuthell's Case (1799), 27 How. St. Tr. 674.

“The legislature have anxiously provided for those most useful and deserving body of men, the seamen and marines of this country.”

Lloyd Kenyon, 1st Baron Kenyon

Turtle v. Hartwell (1795), 6 T. R. 429.

“That corporations are the creatures of the Crown must be universally admitted.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Ginever (1796), 6 T. R. 735.

“Modus in rebus—there must be an end of things.”

Lloyd Kenyon, 1st Baron Kenyon

Proceedings against the Dean of St. Asaph (1783), 21 How. St. Tr. 875.

“What is clear to one man may be doubtful to another.”

Lloyd Kenyon, 1st Baron Kenyon

Godfrey v. Hudson (1788), 2 Esp. 500.

“I can't look to contingencies.”

Lloyd Kenyon, 1st Baron Kenyon

Sikes v. Marshal (1799), 2 Esp. 707.

“All Governments rest mainly on public opinion, and to that of his own subjects every wise Sovereign will look. The opinion of his subjects will force a Sovereign to do his duty, and by that opinion will he be exalted or depressed in the politics of the world.”

Lloyd Kenyon, 1st Baron Kenyon

Trial of John Vint and others (1799), 27 How. St. Tr. 640.

“We ought not to decide hastily against the words of an Act of Parliament.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Justices of Flintshire (1797), 7 T. R. 200.

“Notwithstanding all the care and anxiety of the persons who frame Acts of Parliament to guard against every event, it frequently turns out that certain cases were not foreseen.”

Lloyd Kenyon, 1st Baron Kenyon

Farmer v. Legg (1797), 7 T. R. 190.

“Counsel are frequently induced, and they are justified in taking the most favourable view of their clients' case; and it is not fair to pass over any piece of evidence they find difficult to deal with, provided they cite, fairly and correctly, those parts of the evidence they comment upon.”

Lloyd Kenyon, 1st Baron Kenyon

Trial of the Earl of Thanet, and others (1799), 27 How. St. Tr. 940.

“A man may publish anything which twelve of his countrymen think not blamable.”

Lloyd Kenyon, 1st Baron Kenyon

Cuthell's Case (1799), 27 How. St. Tr. 675.

“If I were master of eloquence I would not make the decision of this cause a stage upon which I would display that eloquence. Those things which are very proper for advocates to do, become very improper for the Judge, who has nothing to do, but to state to the jury the short grounds upon which the cause ought to proceed.”

Lloyd Kenyon, 1st Baron Kenyon

Eaton's Case (1793)

“Every irregularity is not erroneous.”

Lloyd Kenyon, 1st Baron Kenyon

Jackson v. Hunter (1794), 6 T. R. 74.

“It cannot but occur to every person's observation, that as long as parties exist in the country (and perhaps it is for the good of the country that parties should exist to a certain degree, because they keep ministers on their guard in their conduct), they will have their friends and adherents. A great political character, who held a high situation in this country some years ago, but who is now dead, used to say that ministers were the better for being now and then a little peppered and salted. And while these parties exist, they will have their friendships and attainments, which will sometimes dispose them to wander from argument to declamation.”

Lloyd Kenyon, 1st Baron Kenyon

Holt's Case (1793), 22 How. St. Tr. 1234.

“We are all desirous to sit as long as we can, but necessity justifies that which it compels; the strength of man is not adequate to this. Lord Mansfield, as little inclined to give way as any man, did give way at a certain hour in the case of Lord Pomfret.”

Lloyd Kenyon, 1st Baron Kenyon

Stone's Case (1796), 25 How. St. Tr. 1290.

“A conviction is in the nature of a verdict and judgment, and therefore it must be precise and certain.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Harris (1797), 7 T. R. 238.

“The use of cases is to establish principles; if the cases decide different from the principles, I must follow the principles, not the decisions.”

Lloyd Kenyon, 1st Baron Kenyon

Duke of Leeds v. New Radnor (1788), 2 Brown's Rep. (by Belt), 339.

“We must judge of a man's motives from his overt acts.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Waddington (1800), 1 East, 158.

“If an infant commit an assault, or utter slander, God forbid that he should not be answerable for it in a Court of justice.”

Lloyd Kenyon, 1st Baron Kenyon

Jennings v. Rundall (1799), 8 T.R. 337.

“I take it that the judgment is an essential point in every conviction, let the punishment be fixed or not.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Harris (1797), 7 T. R. 239.

“Though in a state of society some must have greater luxuries and comforts than others, yet all should have the necessaries of life; and if the poor cannot exist, in vain may the rich look for happiness or prosperity. The legislature is never so well employed as when they look to the interests of those who are at a distance from them in the ranks of society. It is their duty to do so: religion calls for it; humanity calls for it; and if there are hearts who are not awake to either of those feelings, their own interests would dictate it.”

Lloyd Kenyon, 1st Baron Kenyon

Rex v. Rusby (1800), Peake's N. P. Cases 192.

“It is the great duty of every Court of justice to administer justice as well as they can between the litigating parties; another, and not less material, duty is to satisfy those parties that the whole case has been examined and considered.”

Lloyd Kenyon, 1st Baron Kenyon

Booth v. Hodgson (1795), 6 T. R. 408.

“Those regulations that are adapted to the common race of men are the best.”

Lloyd Kenyon, 1st Baron Kenyon

King v. The College of Physicians (1797), 7 T. R. 288.

“The wishes of every human man are, that guilt may not be fixed upon any man; but I confess I am one of those who have not the weakness—which weakness, a Judge at least, and a jury, must get rid of, before they fit themselves to fill the respective stations which they are to fill in the administration of the justice of the country— I say, therefore, I am not one of those who wish under false compassion, inconsistent with the administration of criminal justice, that a person on whom guilt is fairly fixed, should escape the punishment which the law annexes to his guilt.”

Lloyd Kenyon, 1st Baron Kenyon

Stone's Case (1796), 25 How. St. Tr. 1423.

“I should be extremely sorry to find that in a fictitious proceeding, instituted for the more easy attaining of justice, different rules were to obtain in the different Courts.”

Lloyd Kenyon, 1st Baron Kenyon

Goodright v. Rich (1797), 7 T. R. 334.

“Justice requires that a party should be duly summoned and fully heard before he is condemned.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Stone (1800), 1 East, 649.

“Proceedings at law are sufficiently expensive.”

Lloyd Kenyon, 1st Baron Kenyon

Marriott v. Hampton (1797), 2 Esp. 548.

“There is no magic in words.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Inhabitants of North Nibley (1792), 5 T. R. 24; Lord Romilly, Lord v. Jeffkins (1865), 35 Beav. 16.

“Whatever might have been my opinion, had this been a new case, I must hold myself bound by decided cases.”

Lloyd Kenyon, 1st Baron Kenyon

Cross v. Glode (1797), 2 Esp. 575.

“I have often thought since that there is sound sense in what was once said by the late Lord C. J. Eyre, that the sooner a bad precedent was gotten rid of, the better.”

Lloyd Kenyon, 1st Baron Kenyon

King v. Stone (1800), 1 East, 648 n. (a).

“I do not know how far I ought to sit here and suffer a gentleman at the bar to bring forward parts of the Bible in this way. It is for you, gentlemen of the jury, to say whether you wish to hear them read.”

Lloyd Kenyon, 1st Baron Kenyon

Williams' Case (1797), 26 How. St. Tr. 683.

“The liberty of the press has always been, and has justly been, a favourite topic with Englishmen. They have looked at it with jealousy whenever it has been invaded; and though a licenser was put over the press, and was suffered to exist for some years after the coming of William, and after the revolution, yet the reluctant spirit of English liberty called for a repeal of that law; and from that time to this it has not been shackled and limited more than it ought to be.”

Lloyd Kenyon, 1st Baron Kenyon

Case of John Lambert and others (1793), 22 How. St. Tr. 1016.

“There are cases where examinations are admitted, namely, before the coroner, and before magistrates in cases of felony. That appears to me to go rather in support of the general rule than in destruction of it. Every exception that can be accounted for is so much a confirmation of the rule that it has become a maxim, Exceptio probat regulam.”

Lloyd Kenyon, 1st Baron Kenyon

The King v. Inhabitants of Eriswell (1790), 3 T. R. 722.

“Precedent goes in support of justice.”

Lloyd Kenyon, 1st Baron Kenyon

Smith v. Bowles (1797), 2 Esp. 578.

“The common law, though not to be found in the written records of the realm, yet has been long well known. It is coeval with civilised society itself, and was formed from time to time by the wisdom of man. Good sense did not come with the Conquest, or at any other one time, but grew and increased from time to time with the wisdom of mankind.”

Lloyd Kenyon, 1st Baron Kenyon

Rex v. Rusby (1800), Peake's N. P. Cases, 193.

“No stops are ever inserted in Acts of Parliament, or in deeds; but the Courts of law, in construing them, must read them with such stops as will give effect to the whole.”

Lloyd Kenyon, 1st Baron Kenyon

Doe d. Willis and others v. Martin and others (1790), 4 T. R. 65.

“In many cases a party undertakes to prove a custom from the time of legal memory, the reign of Richard the Second; but that proof is generally established by evidence of acts done at a much later period, and frequently no evidence is given beyond the present century.”

Lloyd Kenyon, 1st Baron Kenyon

Withnell v. Gartham (1795), 6 T. R. 397.

“It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced.... One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide.”

Lloyd Kenyon, 1st Baron Kenyon

Bauerman v. Eadenius (1798), 7 T. R. 667.

“The popish religion is now unknown to the law of this country.”

Lloyd Kenyon, 1st Baron Kenyon

Du Barre v. Livette (1791), Peake's N. P. Cases, 79.

“It is sometimes difficult to get rid of first impressions.”

Lloyd Kenyon, 1st Baron Kenyon

Withnell v. Gartham (1795), 6 T. R. 396.

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