Fellows Of The Royal Society

"When I hear of an ‘equity’ in a case like this, I am reminded of a blind man in a dark room—looking for a black hat—which isn’t there."

"The rain, it raineth on the just And also on the unjust fella: But chiefly on the just, because The unjust steals the just’s umbrella."

"We must take the thing in the grip of our hands."

"If no appeal were possible, I have no great hesitation in saying that this would not be a desirable country to live in. . . . It is quite true that there is enough difficulty in appealing as it is; but if there is to be no appeal at all possible the system would be intolerable."

"The director is really a watch-dog, and the watch-dog has no right without the knowledge of his master to take a sop from a possible wolf."

". . . The fallacious use of the principle that you cannot look into a man's mind. It is said you cannot do that: therefore what follows? It is said that you are to have fixed rules to tell you that he must have meant something, one way or the other, when certain exterior phenomena arise. The answer is that there is no such thing as an absolute criterion which gives you certain index to a man's mind. There is nothing outside his mind which is an absolute indication of what is going on inside. So far from saying that you cannot look into a man's mind, you must look into it, if you are going to find fraud against him: and unless you think you see what must have been in his mind, you cannot find him guilty of fraud."

"An honest blunder in the use of the language is not dishonest... What is honest is not dishonest."

"The duty to prosecute, or not to prosecute, is a social and not a legal duty, which depends on the circumstances of each case. It cannot be said that it is a moral duty to prosecute in all cases. The matter depends on considerations, which vary according to each case. But the person who has to act is bound morally to be influenced by no indirect motive. He is morally bound to bring a fair and honest mind to the consideration and to exercise his decision from a sense of duty to himself and others."

"People must not be wiser than the experience of mankind."

"Judges, like Caesar's wife, should be above suspicion."

"The only case in which I can conceive a person having breakfast over night is that he is not likely to have it next morning."

"At common law, the Attorney-General is, when he is exercising his functions as an officer of the Crown, in no case that I know of a Court in the ordinary sense."

"Like my brothers who sit with me, I am extremely reluctant to decide anything except what is necessary for the special case, because I believe by long experience that judgments come with far more weight and gravity when they come upon points which the Judges are bound to decide, and I believe that obiter dicta, like the proverbial chickens of destiny, come home to roost sooner or later in a very uncomfortable way to the Judges who have uttered them, and are a great source of embarrassment in future cases. Therefore I abstain from putting a construction on more than it is necessary to do for this particular case."

"The law has armed the High Court of Justice with the power, and imposed on it the duty of preventing brevi manu and by summary proceedings any attempt to interfere with the administration of justice. It is on that ground, and not on any exaggerated notion of the dignity of individuals that insults to Judges are not allowed."

"The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice."

"Stereotyped rules laid down by judicial writers cannot be accepted as infallible canons of interpretation in these days, when commercial transactions have altered in character, and increased in complexity; and there can be no hard-and-fast rule by which to construe the multiform commercial agreements with which in modern times we have to deal."

"A collection of records may be the result of professional knowledge, research, and skill, just as a collection of curiosities is the result of the skill and knowledge of the antiquarian or virtuoso."

"Courts do not exist for the sake of discipline, but for the sake of deciding matters in controversy."

"The Court must never forget, and will never forget, first of all, the rights of family life which are sacred."

"Most businesses require liberal dealing."

"It is a Reasonable presumption that a man who sleeps upon his rights has not got much right."

"One does not like to differ from a man without knowing the reasons which influenced him."

"Unless Parliament has conferred upon the Court that power in language which is unmistakable, the Court is not to assume that Parliament intended to do that which so seriously affect foreigners who are not resident here, and might give offence to foreign Governments. Unless Parliament has used such plain terms as show that they really intended us to do that, we ought not to do it."

"I know of no duty of the Court which it is more important to observe, and no powers of the Court which it is more important to enforce, than its power of keeping public bodies within their rights. The moment public bodies exceed their rights] they do so to the injury and oppression of private individuals, and those persons are entitled to be protected from injury arising from such operations of public bodies."

"I do not mean to say that the Court could not give leave to amend, but I cannot conceive that the Court would listen to an application for leave to amend after the trial. That could not have been intended: it would be opposed to all principles of justice."

"It appears to me wrong in principle for any Court or Judge to impose fetters on the exercise by themselves or others of powers which are left by law to their discretion in each case as it arises."

"Trade unions up to a certain point have been recognised now as organs for good. They are the only means by which workmen can protect themselves from the tyranny of those who employ them. But the moment that trade unions become tyrants in their turn, they are engines for evil: they have no right to prevent people from working on any terms that they choose."

"I confess that when I am sought to be driven to a conclusion which appears to me unreasonable and unjust, I at once suspect the validity of the premises, even if I can detect no flaw in the reasoning from them."

"When we find a series of decisions running down from the time of Sir William Grant, we should be very cautious, and very slow to overrule them."

"A proceeding may be perfectly legal and may yet be opposed to sound commercial principles."

"I do not see why, if we can tell what a man intends, and can give effect to his intention as expressed, we should be driven out of it by other cases or decisions in other cases. I always protest against anything of the sort."

"The welfare of a child is not to be measured by money only, nor by physical comfort only."

"There is nothing illegal in keeping up a tomb; on the contrary, it is a very laudable thing to do."

"We, as lawyers, as men of business, as men of experience, know perfectly well what evils necessarily result from handing over a great family estate to a mortgagee in possession, whose only chance of getting his money is to sacrifice the interests of everybody to money-getting."

"A very ingenious attempt to drive a coach-and-four through this Act of Parliament."

"I think that common law is better than equity."

"I do not wish to shake titles, and I shall do precisely what our predecessors have always done—leave the case where it is. It is a rock ahead that everybody knows."

"I take it that reasonable human conduct is part of the ordinary course of things."

"As no Court has ever attempted to define fraud, so no Court has ever attempted to define undue influence, which includes one of its many varieties."

"A salvage service which hardly exceeds ordinary towage is naturally remunerated on a very different scale from an heroic rescue from imminent destruction."

"The invention of the symbol ≡ by Gauss affords a striking example of the advantage which may be derived from an appropriate notation, and marks an epoch in the development of the science of arithmetic."

"Mathews was an accomplished classical scholar; and besides Latin and Greek he was proficient in Hebrew, Sanskrit and Arabic. He also possessed great musical knowledge and skill. His versatility led a colleague at Bangor to assert that Mathews could equally well fill four or more chairs at the college."

"Mathews had a knowledge of Latin and Greek as minute and accurate as that generally possessed by professional classical scholars. He wrote pure and elegant Latin."

"As Gauss first pointed out, the problem of cyclotomy, or division of the circle into a number of equal parts, depends in a very remarkable way upon arithmetical considerations. We have here the earliest and simplest example of those relations of the theory of numbers to transcendental analysis, and even to pure geometry, which so often unexpectedly present themselves, and which, at first sight, are so mysterious."

"A great deal of misunderstanding is avoided if it be remembered that the terms infinity, infinite, zero, infinitesimal must be interpreted in connexion with their context, and admit a variety of meanings according to the way in which they are defined."

"That a formal science like algebra, the creation of our abstract thought, should thus, in a sense, dictate the laws of its own being, is very remarkable. It has required the experience of centuries for us to realize the full force of this appeal."

"It may fairly be said that the germs of the modern algebra of linear substitutions and concomitants are to be found in the fifth section of the Disquisitiones Arithmeticae; and inversely, every advance in the algebraic theory of forms is an acquisition to the arithmetical theory."

"Strictly speaking, the theory of numbers has nothing to do with negative, or fractional, or irrational quantities, as such. No theorem which cannot be expressed without reference to these notions is purely arithmetical: and no proof of an arithmetical theorem, can be considered finally satisfactory if it intrinsically depends upon extraneous analytical theories."

"But perhaps you may ask, whether Time was not before the World was created? And if Time does not flow in the Extramundane Space, where nothing is: A mere Vacuum? I answer, that since there was Space before the World was created, and that there now is an Extramundane, infinite Space, (where God is present)... Time existed before the World began, and does exist together with the World in the Extramundane Space, because 'tis possible that some Thing might have existed long before the World was made; and there may now be something in the Extramundane Space, capable of such a Continuance: Some Sun might have given Light long before; and at present this, or some other like it, may diffuse Light thro' Imaginary Spaces. Time therefore does not imply an actual Existence, but only the Capacity or Possibility of the Continuance of Existence; just as Space expresses the Capacity of a Magnitude contain'd in it."

"Thus we see that in the time of Barrow, Newton, and Leibniz the ground had been surveyed, and in many directions levelled; all the material was at hand, and it only wanted the master mind to "finish the job." This was possible in two directions, by geometry or by analysis; each method wanted a master mind of a totally different type, and the men were forthcoming. For geometry, Barrow; for analysis, Newton, and Leibniz with his inspiration in the matter of the application of the simple and convenient notation of his calculus of s to s and to geometry. With all due honour to these three mathematical giants, however, I venture to assert that their discoveries would have been well-nigh impossible... if they had lived a hundred years earlier; with the possible exception of Barrow, who, being a geometer, was more dependent on the ancients and less on the moderns of his time than were the two analysts, they would have been sadly hampered but for the preliminary work of Descartes and the others I have mentioned (and some I have not—such as Oughtred), but especially Descartes."