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Lloyd Kenyon, 1st Baron Kenyon, , was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP.

On 27 March 1784, he was appointed Master of the Rolls, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802. Wikipedia  

✵ 5. Ottobre 1732 – 4. Aprile 1802
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Lloyd Kenyon, 1st Baron Kenyon: 92   frasi 0   Mi piace

Lloyd Kenyon, 1st Baron Kenyon: Frasi in inglese

“I do not know how far I ought to sit here and suffer a gentleman at the bar to bring forward parts of the Bible in this way. It is for you, gentlemen of the jury, to say whether you wish to hear them read.”

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Lloyd Kenyon, 1st Baron Kenyon

Williams' Case (1797), 26 How. St. Tr. 683.

“The liberty of the press has always been, and has justly been, a favourite topic with Englishmen. They have looked at it with jealousy whenever it has been invaded; and though a licenser was put over the press, and was suffered to exist for some years after the coming of William, and after the revolution, yet the reluctant spirit of English liberty called for a repeal of that law; and from that time to this it has not been shackled and limited more than it ought to be.”

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Lloyd Kenyon, 1st Baron Kenyon

Case of John Lambert and others (1793), 22 How. St. Tr. 1016.

“There are cases where examinations are admitted, namely, before the coroner, and before magistrates in cases of felony. That appears to me to go rather in support of the general rule than in destruction of it. Every exception that can be accounted for is so much a confirmation of the rule that it has become a maxim, Exceptio probat regulam.”

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Lloyd Kenyon, 1st Baron Kenyon

The King v. Inhabitants of Eriswell (1790), 3 T. R. 722.

“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.”

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Lloyd Kenyon, 1st Baron Kenyon

Rex v. Rusby (1800), Peake's N. P. Cases, 193.

“No stops are ever inserted in Acts of Parliament, or in deeds; but the Courts of law, in construing them, must read them with such stops as will give effect to the whole.”

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Lloyd Kenyon, 1st Baron Kenyon

Doe d. Willis and others v. Martin and others (1790), 4 T. R. 65.

“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.”

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Lloyd Kenyon, 1st Baron Kenyon

Withnell v. Gartham (1795), 6 T. R. 397.

“It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced.... One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide.”

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Lloyd Kenyon, 1st Baron Kenyon

Bauerman v. Eadenius (1798), 7 T. R. 667.

“The popish religion is now unknown to the law of this country.”

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Lloyd Kenyon, 1st Baron Kenyon

Du Barre v. Livette (1791), Peake's N. P. Cases, 79.

“It is sometimes difficult to get rid of first impressions.”

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Lloyd Kenyon, 1st Baron Kenyon

Withnell v. Gartham (1795), 6 T. R. 396.

“It is our duty to take care that persons in pursuing their own particular interests do not transgress those laws which were made for the benefit of the whole community.”

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Lloyd Kenyon, 1st Baron Kenyon

King v. Waddington (1800), 1 East, 158.

“It is of great importance that the laws by which the contracts of so numerous and so useful a body of men as the sailors are supposed to be guided, should not be overturned.”

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Lloyd Kenyon, 1st Baron Kenyon

Cutter v. Powell (1795), 6 T. R. 320.

“The power of free discussion is the right of every subject of this country. It is a right to the fair exercise of which we are indebted more than to any other that was ever claimed by Englishmen. All the blessings we at present enjoy might be ascribed to it.”

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Lloyd Kenyon, 1st Baron Kenyon

King v. Reeves (1796), Peake's Nisi Prius Cases, 85.

“To enter into the hearts of men belongs to him who can explore the human heart.”

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Lloyd Kenyon, 1st Baron Kenyon

Eaton's Case (1793)

“The situation the Lord Mayor holds is the first officer of the first city in the world in point of commerce and riches, and everything that can constitute the magnificence of a city. He is a judicial officer, and a municipal officer too, and from these combined characters there are duties incumbent upon him, which by all the ties that can bind a man to the discharge of duty, he is bound to discharge. It stands at the head of his duties, next after protecting the religion which binds us to God, to govern that civil policy which binds government together, and prevents us from being a state of anarchy and confusion.”

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Lloyd Kenyon, 1st Baron Kenyon

Eaton's Case (1793)

“Many people there are in this kingdom who never see a Gazette to the day of their deaths, and very mischievous would be the consequences if they were bound by a notice inserted in it.”

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Lloyd Kenyon, 1st Baron Kenyon

Graham v. Hope (1794), 1 Peake, N. P. Ca. 155; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 99.

“A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.”

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Lloyd Kenyon, 1st Baron Kenyon

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

“Really I wish I was more acquainted than I am, with the course of criminal jurisdiction—if the question had never been decided, I should have extreme doubts upon it, and those extreme doubts which I should have would lead me in a criminal case to do otherwise than I should do in a civil case—in every civil case [I speak in the hearing of a great many professional gentlemen] wherever I have serious doubts, I follow the doctrine which I have collected to be laid down by Lord Hardwicke; I receive the evidence, giving the jury the best instruction I can upon the effect of it; and I do it in the case of civil proceedings, without running the risk of doing any hurt, because if I receive it improperly, a season will come when the Court can correct my error.”

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Lloyd Kenyon, 1st Baron Kenyon

Stone's Case (1796), 25 How. St. Tr. 1272.

“Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.”

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Lloyd Kenyon, 1st Baron Kenyon

Wilson v. Rastall (1792), 4 T. R. 757.

“If people with the very best intentions carry on prosecutions that are oppressive, the end may not always perhaps sanctify the means.”

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Lloyd Kenyon, 1st Baron Kenyon

Williams' Case (1797), 26 How. St. Tr. 704.

“I cannot help observing, that many of those who have written in support of our ancient system of jurisprudence, the growth of the wisdom of man for so many ages, are not as they are alleged by some to be men writing from their closets without any knowledge of the affairs of life, but persons mixing with the mass of society, and capable of receiving practical experience of the soundness of the maxims they inculcate.”

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Lloyd Kenyon, 1st Baron Kenyon

King v. Waddington (1800), 1 East, 157.

“I desire that after I have given the judgment of the Court, that judgment may not be talked about; I have given it upon my oath, and am answerable to my country for it. I have been before reminded that these things are not passing in a corner, but in the open face of the world; I hope I need not be admonished that I am to administer justice; if I have done amiss, let the wrath and indignation of Parliament be brought out against me; let me be impeached; I am ready to meet the storm whenever it comes, having at least one protection; the consciousness that I am right. In protecting the dignity of the Court, I do the best thing I can do for the public: for if my conduct here is extra-judicially arraigned, the administration of justice is arraigned and affronted, and that no man living shall do with impunity.”

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Lloyd Kenyon, 1st Baron Kenyon

Proceedings against the Dean of St. Asaph (1783), 21 How. St. Tr. 875.

“My Lord… it would be well if you would stick to your good law and leave off your bad Latin.”

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Lloyd Kenyon, 1st Baron Kenyon

George III of the United Kingdom; reported in John Campbell, The Lives of the Chief Justices of England: From the Norman Conquest till the death of Lord Tenterden (2006), p. 58.
About

“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.”

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Lloyd Kenyon, 1st Baron Kenyon

Wakefield's Case (1799), 27 How. St. Tr. 736.

“No person is less disposed than I am to accommodate the law to the particular convenience of the case: but I am always glad when I find the strict law and the justice of the case going hand in hand together.”

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Lloyd Kenyon, 1st Baron Kenyon

Peaceable v. Read and others (1801), 1 East. 573.

“I must treat with reverence everything which Lord Kenyon has said: but not everything which text writers have represented him to have said, which he did not say.”

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Lloyd Kenyon, 1st Baron Kenyon

Lefroy, C.J., Persse v. Kinneen (1859), (Lr. Rep.) L. T. Vol. 1 (N. S.), 78.
About

“The interest of the public is never better advanced than when we can inculcate by our rules the advantage of acting honestly.”

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Lloyd Kenyon, 1st Baron Kenyon

Cuming v. Sharland (1801), 1 East, 413.

“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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Lloyd Kenyon, 1st Baron Kenyon

Rex v. Rusby (1800), Peake's N. P. Ca. 193.

“In dispensing the criminal justice of the country, we have sometimes an arduous task to perform. It is not a pleasant thing, most certainly, to condemn any one of our fellow creatures to punishment; but those who are entrusted with the administration of the criminal justice of a country, must summon up their fortitude, and render justice to the public, as well as justice tempered with mercy to the individual.”

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Lloyd Kenyon, 1st Baron Kenyon

Trial of the Earl of Thanet, and others (1799), 27 How. St. Tr. 939.

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