“It must not be forgotten that the rules of Courts of equity are not, like the rules of the common law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time. In many cases we know the names of the Chancellors who invented them.”

— George Jessel (jurist)

In re Hallett's Estate (1880) 13 Ch.D. 696, 710.

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George Jessel (jurist) 8

British politician 1824–1883

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“There is no doubt whatever that as far as common law is concerned, the Courts in this country have been bound, most of them, by inflexible rules handed down in great measure from the time of the Plantagenets, and until certain modern statutes were passed there was no possibility of altering or improving them.”

James Wilde, 1st Baron Penzance (1816–1899) British judge and rose breeder

Cowan v. Duke of Buccleuch (1876), L. R. 2 Ap. Ca. 355.

“There is no point on which a greater amount of decision is to be found in Courts of law and equity than as to what is reasonable; for instance, reasonable time, reasonable notice, and the like. It is impossible a priori to state what is reasonable in such cases. You must have the particular facts of each case established before you can ascertain what is meant by reasonable time, notice, and the like.”

John Romilly, 1st Baron Romilly (1802–1874) English Whig politician and judge

Labouchere v. Dawson (1872), L. R. 13 Eq. Ca. 325.

“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 (1732–1802) British Baron

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

“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 (1732–1802) British Baron

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

“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 (1732–1802) British Baron

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

“I have always thought it highly injurious to the public that different rules should prevail in the different Courts on the same mercantile case. My opinion has been uniform on that subject. It sometimes indeed happens that in questions of real property Courts of law find themselves fettered with rules, from which they cannot depart, because they are fixed and established rules1; though equity may interpose, not to contradict, but to correct, the strict and rigid rules of law. But in mercantile questions no distinction ought to prevail. The mercantile law of this country is founded on principles of equity; and when once a rule is established in that Court as a rule of property, it ought to be adopted in a Court of law. For this reason Courts of law of late years have said that, even where the action is founded on a tort, they would discover some mode of defeating the plaintiff, unless his action were also founded on equity; and that though the property might on legal grounds be with the plaintiff, if there were any claim or charge by the defendant, they would not consider the retaining of the goods as a conversion.”

Sir Francis Buller, 1st Baronet (1746–1800) British judge

Tooke v. Hollingworth (1793), 5 T. R. 229.

“From time immemorial the mistletoe has been the object of superstitious veneration in Europe.”

James Frazer book The Golden Bough

Source: The Golden Bough (1890), Chapter 65, Balder and the Mistletoe.

“In every age of the world there has been an established system, which has been opposed from time to time by isolated and dissentient reformers. The established system has sometimes fallen, slowly and gradually: it has either been upset by the rising influence of some one man, or it has been sapped by gradual change of opinion in the many.”

Augustus De Morgan (1806–1871) British mathematician, philosopher and university teacher (1806-1871)

Introductory p.1
A Budget of Paradoxes (1872)

“As all those have shown who have discussed civil institutions, and as every history is full of examples, it is necessary to whoever arranges to found a Republic and establish laws in it, to presuppose that all men are bad and that they will use their malignity of mind every time they have the opportunity; and if such malignity is hidden for a time, it proceeds from the unknown reason that would not be known because the experience of the contrary had not been seen, but time, which is said to be the father of every truth, will cause it to be discovered.”

Niccolo Machiavelli book Discourses on Livy

Book 1, Ch. 3 Variant portion: Whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.
Discourses on Livy (1517)

“The fools of the world have been those who have established religions, ceremonies, laws, faith, rule of life.”

Giordano Bruno (1548–1600) Italian philosopher, mathematician and astronomer

Cabal of the Cheval Pegasus (1585)
Context: The fools of the world have been those who have established religions, ceremonies, laws, faith, rule of life. The greatest asses of the world are those who, lacking all understanding and instruction, and void of all civil life and custom, rot in perpetual pedantry; those who by the grace of heaven would reform obscure and corrupted faith, salve the cruelties of perverted religion and remove abuse of superstitions, mending the rents in their vesture. It is not they who indulge impious curiosity or who are ever seeking the secrets of nature, and reckoning the courses of the stars. Observe whether they have been busy with the secret causes of things, or if they have condoned the destruction of kingdoms, the dispersion of peoples, fires, blood, ruin or extermination; whether they seek the destruction of the whole world that it may belong to them: in order that the poor soul may be saved, that an edifice may be raised in heaven, that treasure may be laid up in that blessed land, caring naught for fame, profit or glory in this frail and uncertain life, but only for that other most certain and eternal life.

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George Jessel (jurist) 8

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