Kimber v. The Press Association (1892), L.R. 1 Q.B. [1893], p. 69.
Russell v. The Mayor of Devon (1788), 1 T. R. 673.
“I'd rather ten guilty persons should escape, than one innocent should suffer.”
Attributed by Edward Seymour in 1696 during the parliamentary proceedings against John Fenwick ( "I am of the same opinion with the Roman, who, in the case of Catiline, declared, he had rather ten guilty persons should escape, than one innocent should suffer" http://books.google.com/books?id=dIM-AQAAMAAJ&pg=PA565), to which Lieutenant General Harry Mordaunt replied "The worthy member who spoke last seems to have forgot, that the Roman who made that declaration was suspected of being a conspirator himself" (Caesar was the only one who spoke in the Senate against executing Catiline's co-conspirators and was indeed suspected by some to be involved in the plot). However, the Caesar's corresponding speech as transmitted by Sallust http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Sallust/Bellum_Catilinae*.html#51 contains no such phrase, even though it appears to be somewhat similar in spirit ("Whatever befalls these prisoners will be well deserved; but you, Fathers of the Senate, are called upon to consider how your action will affect other criminals. All bad precedents have originated in cases which were good; but when the control of the government falls into the hands of men who are incompetent or bad, your new precedent is transferred from those who well deserve and merit such punishment to the undeserving and blameless.") The first person to undoubtedly utter such a dictum was in fact John Fortescue ("It is better to allow twenty criminals to mercifully avoid death than to unjustly condemn one innocent person"). It should also be noted that whether the exchange between Seymour and Mordaunt even happened is itself not clearly established http://books.google.com/books?id=IitDAAAAcAAJ&pg=PA694.
Misattributed
“All judges had rather that ten innocent should suffer than that one guilty should escape.”
Victor Frankenstein of Justine Moritz in Ch. 8
Frankenstein (1818)
This is true even when he is not a man, but rather a boy. Boys are taught early that they must act like men. Crying, they are told, is what girls do. They are discouraged from expressing hurt, sadness, fear, disappointment, insecurity, embarrassment and other such emotions. It is because males are thought to be and are expected to be tough that they may be treated more harshly. Thus, corporal punishment and various other forms of harshness may be inflicted on them but often not on females, who are purportedly more sensitive.
Source: The Second Sexism: Discrimination Against Men and Boys (2012), Chapter 3, part 1: Beliefs about Males
Source: Emotional amoral egoism (2008), p.203
KUOW.org audio program (7 September 2005) http://www.kuow.org/defaultProgram.asp?ID=9423 (RealAudio)
De laudibus legum Angliae (c. 1470), reported in Bartlett's Familiar Quotations, 10th ed. (1919).
11 How. St. Tr. 1208.
Trial of Sir Edward Hales (1686)
Allinson v. General Council of Medical Education and Registration (1894), L. R. [1894], 1 Q. B. p. 758.
