Lloyd Kenyon, 1st Baron Kenyon quote: “A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of la…”

“It is true that Courts of equity, in administering justice, sometimes go further than the Courts of law.”

Richard Arden, 1st Baron Alvanley (1744–1804) British judge and politician

Houghton v. Matthews (1803), 3 Bos. & Pull. 497.

“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

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

Jones v. Smart (1785), 1 T. R. 52.

“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 (1732–1802) British Baron

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

“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.

“I have always thought that formerly there was too confined a way of thinking in the Judges of the common law Courts, and that Courts of equity have risen by the Judges not properly applying the principles of the common law, being too narrowly governed by old cases and maxims, which have too much prevented the public from having the benefit of the common law.”

John Eardley Wilmot (1709–1792) English judge

2 Wils. 341.
Collins v. Blantern (1767)

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it…”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

“The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).
Extra-judicial writings
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.