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.
British Baron; (1732-1802)
Lloyd Kenyon, 1st Baron Kenyon (5 October 1732 – 4 April 1802) was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice of the United Kingdom.
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Alternative Names:
Lloyd Kenyon, 1st Baron Kenyon, Baron of Gredington
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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.
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We are obliged to hear all that witnesses have to say; but it is a canticle of Courts of justice that witnesses non numerentur sed ponderentur: they are not to be numbered but weighed. It is the nature of the human mind, it is the perfection of the human heart, to serve a friend in distress; but in doing so, a man should not transgress the higher calls of religion and morality, the obligations of an oath. We are not monks and recluses, as was said in another place,1 but come from a class in society that I hope and believe gives us opportunities of seeing as much of the world, and that has as much virtue amongst its members as any other, however elevated.
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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.
If I were master of eloquence I would not make the decision of this cause a stage upon which I would display that eloquence. Those things which are very proper for advocates to do, become very improper for the Judge, who has nothing to do, but to state to the jury the short grounds upon which the cause ought to proceed.