John Eardley Wilmot Quotes

It is a strange, wild jurisdiction, where the jurors are judges both of law and fact, and ignorant country fellows2 are to determine the nicest points of law.

It is the principle of the common law, that an officer ought not to take money for doing his duty.

If once we go upon niceties of construction, we shall not know where to stop. For one nicety is made a foundation for another; and that other for a third; and so on, without end.

I cannot help thinking that where a person appeals to the Law of England, he must take his remedy according to the Law of England to which he has appealed.

An hiatus in government is so detested and abhorred, that the law says, "the King never dies," that there may never be a "cesser" of regal functions for a moment.

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.

Settlements are supposed in law to be indifferent to paupers; though they are often in fact desirous of one in preference to another.

The sentences of foreign Courts have always some degree of regard paid to them by the Courts of justice here: and it is very right that an attention should be paid to them, as far as they ought to have weight in the case depending.

These laws must be construed according to the intention of them: and the circumstances of things at the time of enacting them ought to be taken into consideration.

A course of precedents and judicial proceedings in Courts of justice make the law: it would be endless to cite cases upon it. A course of practice for a few years has been held to controul an Act of Parliament.

Nothing could be of worse consequence, than that an officer of the Court should combine with a criminal to frustrate the sentence of the Court.

There is no merit in a settlement: it depends upon positive law.

The manner of the transaction was to gild over and conceal the truth; and whenever Courts of law see such attempts made to conceal such wicked deeds they will brush away the cobweb varnish and show the transactions in their true light.

God forbid that the rights of the innocent should be lost and destroyed by the offence of individuals.

The statute law is the will of the legislature in writing; the common law is nothing else but statutes worn out by time; all our law began by consent of the legislature, and whether it is now law by usage or writing, it is the same thing.