Lloyd Kenyon, 1st Baron Kenyon Quotes

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.

The wishes of every human man are, that guilt may not be fixed upon any man; but I confess I am one of those who have not the weakness—which weakness, a Judge at least, and a jury, must get rid of, before they fit themselves to fill the respective stations which they are to fill in the administration of the justice of the country— I say, therefore, I am not one of those who wish under false compassion, inconsistent with the administration of criminal justice, that a person on whom guilt is fairly fixed, should escape the punishment which the law annexes to his guilt.

The use of cases is to establish principles; if the cases decide different from the principles, I must follow the principles, not the decisions.

Notwithstanding all the care and anxiety of the persons who frame Acts of Parliament to guard against every event, it frequently turns out that certain cases were not foreseen.

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.

It cannot but occur to every person's observation, that as long as parties exist in the country (and perhaps it is for the good of the country that parties should exist to a certain degree, because they keep ministers on their guard in their conduct), they will have their friends and adherents. A great political character, who held a high situation in this country some years ago, but who is now dead, used to say that ministers were the better for being now and then a little peppered and salted. And while these parties exist, they will have their friendships and attainments, which will sometimes dispose them to wander from argument to declamation.

We are all desirous to sit as long as we can, but necessity justifies that which it compels; the strength of man is not adequate to this. Lord Mansfield, as little inclined to give way as any man, did give way at a certain hour in the case of Lord Pomfret.

The discussion which was made by Luther, Melancthon, and the other persons who preceded the Reformation, opened the eyes or the public; and they got rid of the delusions which had been spread by the Pope of Rome, and emancipated mankind from the spiritual tyranny they were under, and brought about the establishment of that religion which we now enjoy in this country.

That corporations are the creatures of the Crown must be universally admitted.

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.

In many cases a party undertakes to prove a custom from the time of legal memory, the reign of Richard the Second; but that proof is generally established by evidence of acts done at a much later period, and frequently no evidence is given beyond the present century.

It is necessary for Courts of Justice to hold a strict hand over summary proceedings before magistrates, and I never will agree to relax any of the rules by which they have been bound. Their jurisdiction is of a limited nature, and they must shew that the party was brought within it.

In the hurry of business, the most able Judges are liable to err.

I hope that there is no jealousy, or even ground of jealousy, on the part of the Americans, but that they know that when their rights come to be discussed here the greatest attention will be paid to their interests. They have long been acquainted with the habits of this country, and with the mode of administering justice here : until within these few years their causes used to come over here to be discussed, and I never heard that the decisions in our Courts ever awakened the least jealousy in the breasts of the inhabitants of that country.

Though in a state of society some must have greater luxuries and comforts than others, yet all should have the necessaries of life; and if the poor cannot exist, in vain may the rich look for happiness or prosperity. The legislature is never so well employed as when they look to the interests of those who are at a distance from them in the ranks of society. It is their duty to do so: religion calls for it; humanity calls for it; and if there are hearts who are not awake to either of those feelings, their own interests would dictate it.