Lloyd Kenyon

lord, law, time, court, libels, mean, iu and terrors

Page: 1 2

With the press Lord Kenyon was in high favour ; for he struck sternly and with indignation at those offenders who are the peculiar objects of popular dislike. But while doing so he frequently gave too easy credit to accusation, and allowed himself to punish often with a severity not sufficiently tempered. The vices of the wealthy, and those which affected the domestic relatious, met with no favour from him. Against gambling he set himself with the utmost atcruuoas; he even threatened that if any prosecutions were fairly brought before him, and the guilty parties convicted, whatever might be their rank or station in the country, though they were the first ladies iu the land, they should certaluly exhibit themselves in the pillory. As a judge, he recognised no distinction between the gamblers of St. James's and the pickpockets of the Strand. Lord Kenyon exerted himself to the utmost to put an end to duelling, and ho declared that whoever was convicted of having murdered his fellow-creature iu a duel should suffer the course of the law ; and he on more than one occasion directed the jury to that conclusion, but without success. Flagitious libels against individuals were punished by him with merited severity.

But of all writings, those partaking of the character of political libels were those against which he directed, with the most unflinching perseverance, all the terrors of the law. This was a more dangerous and delicate ground to tread upon, and his conduct will probably find few approvers now. Certain it is, that since the time of Lord Kenyon the practice of prosecuting for political libels has gradually fall= into (ileum; nor would tho pillory, as part of the punishment for -• putting forth opinions, however mischievous or absurd, be at this time tolerated.

Lord Kenyon trusted too much to the power of the terrors of the law iu guarding the rights of property from fraud or violence; and he inflicted death as the most terrible and therefore the most preventive punishment. That this proceeded rather from a mistaken judgment —an ignorance of, or a want of power to give sufficient weight to, those circumstances which exert a more powerful influence upon human character, and not from a cold and sanguinary disposition—the following anecdote may be considered as a proof:—He passed sentence of death upon a young woman who had committed a theft; she fainted. Lord Kenyon, in great agitation, cried out, "I don't mean to

hang you ; will nobody tell her that I don't mean to hang her ?" Indeed, in behalf of poor and ignorant offenders who were the dupes or tools of knaves his kindly feelings were often displayed, and humble individuals of the working classes who were harassed by informers were sure to be shielded by him. . A prosecution was com menced against a man for practising the trade of a tailor without having served an apprenticeship, and an attempt was made to punish him for several acts done in the same day. "Prosecute the man," said Lord Kenyon, "for different acts in one day I Why not sue for penalties on every stitch I" Lord Mansfield, when chief-justice, had somewhat unsettled the bounds of the courts of law; but Lord Kenyon, with much wisdom, reverted to the ancient strictness, and be expressed his determination to maintain it He wisely refused to allow the plain words of a statute to be refined sway, however severe in its enactments, by any subtle sophistry. " The arguments," he said, " that have been pressed upon us might have had some effect if they were addressed to the legislature ; but we are sitting in a court of law, and must administer justice according to the known laws of the laud. Let application be made to the legislaturo to amend the act : as long as it remains upon the statute-book we must enforce it." At Nisi nit's he never brought a book with him into court to refer to. The extent as well as the arrangement of his legal knowledge needed uo such assistance. In performing the laborious duties of his profession he was diligent and exact, and proceeded with so much expedition as often to get through twenty-five or twenty-six causes to the entire 'satisfaction of the court. His adjudications, though occa sionally objected to at the time, are now regarded as of the highest authority.

He died in 1802, sorrow-stricken by the loss of his eldest son, after having accumulated a fortune of 300,000G.

Io his private habits Lord Kenyon was temperate, frugal even to parsimony, and an early riser. For his happiness he looked to his home, being most deeply attached to his family. He entirely disre garded outward appearance; his dress was shabby, his equipage mean, while ho entirely neglected to exercise the hospitality becoming his high station and large fortune.

(Law Magazine, No. 37, p. 49.)

Page: 1 2