Lloyd Kenyon, 1st Baron Kenyon: In-Laws (page 2)

“A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.”

Lloyd Kenyon, 1st Baron Kenyon

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

Law

“Equity will go no further than the law.”

Lloyd Kenyon, 1st Baron Kenyon

Tooke v. Hollingworth (1793), 5 T. R. 225.

Law

“Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for 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 , Exercises

“My Lord… it would be well if you would stick to your good law and leave off your bad Latin.”

Lloyd Kenyon, 1st Baron Kenyon

George III of the United Kingdom; reported in John Campbell, The Lives of the Chief Justices of England: From the Norman Conquest till the death of Lord Tenterden (2006), p. 58.
About

Law

“I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice.”

Lloyd Kenyon, 1st Baron Kenyon

Wakefield's Case (1799), 27 How. St. Tr. 736.

Justice , Law

“No person is less disposed than I am to accommodate the law to the particular convenience of the case: but I am always glad when I find the strict law and the justice of the case going hand in hand together.”

Lloyd Kenyon, 1st Baron Kenyon

Peaceable v. Read and others (1801), 1 East. 573.

Justice , Law , Personality

“There are certain irregularities which are not the subject of criminal law. But when the criminal law happens to be auxiliary to the law of morality, I do not feel any inclination to explain it away.”

Lloyd Kenyon, 1st Baron Kenyon

Young and others v. The King (1789), 3 T. R. 102.

Law , Feeling

“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.”

Lloyd Kenyon, 1st Baron Kenyon

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.
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.

Law , Country , Nature , Way