Lloyd Kenyon, 1st Baron Kenyon: Trending quotes (page 3)

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“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.

Men , Truth , Fear , Justice

“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

Law

“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.

Justice , Law

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

Lloyd Kenyon, 1st Baron Kenyon

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

Law

“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.

Justice

“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.

Decision

“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.

Justice , Nature

“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.

God , Justice

“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.

Life , Religion , Feeling , Heart

“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.

Justice

“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.

Men

“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.

Justice , Law , Personality , Falseness

“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

“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.

Justice

“Proceedings at law are sufficiently expensive.”

Lloyd Kenyon, 1st Baron Kenyon

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

Law

“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).

Sense