Quote: Justice delayed is justice denied (Variations on a theme)

[Garson O'Toole]

Justice delayed is justice denied

The Yale Book of Quotations cites a seminal speech by William
Gladstone in 1868 that contains this quote.

The cites below are listed chronologically. Initial cites are
thematically linked to the target quotation, and later cites more
closely conform to the precise phraseology. These are precursors and
near-misses.

Cite: 1215 (amended 1225) Magna Carta Text at Fordham University
website (Translation from Latin)

To no one will we sell, to no one deny or delay right or justice.

http://www.fordham.edu/halsall/source/magnacarta.html


Cite: 1661, Sunegoros Thalassios: A View of the Admiral Jurisdiction
by John Godolphin, Introduction, Page unnumbered (GB Page xxxvi),
Printed by W. Godbid for Edmund Paxton, London.

To deny or delay Justice is Injustice

http://books.google.com/books?id=NY5HAAAAYAAJ&q=%22delay+Justice%22#v=snippet&


Cite: from YBQ: 1693, William Penn, Fruits of Solitude.

Our law says well, "To delay justice, is injustice."


In 1815 a variation of the expression appears in a textbook. Lesson
for today: If you hedge a phrase with a qualifier then it will not
achieve aphorism status.

Cite: 1815, Occasional Reflections, Offered Principally for the Use of
Schools by George Dillwyn, Page 13, Printed for the Author by David
Allinson, Burlington, New Jersey.

Justice delayed is little better than justice denied.

http://books.google.com/books?id=5XYXAAAAYAAJ&q=%22justice+delayed%22#v=snippet&


In 1823 an author attempts to create the longest and clumsiest version
of the nascent adage.

Cite: 1823 October, The Edinburgh Review, "Art. XII. Observations on
the Judges of the Court of Chancery and the Practice and Delays
complained of in that Court", Page 252, Number LXXVII, Archibald
Constable and Company, Edinburgh.

We enter into none of the generalities, which are sufficiently
familiar upon this subject; but it is obvious that justice delayed,
and, by delay, encumbered with an increasing and overwhelming load of
expense, may become, at length, hardly worth obtaining.

http://books.google.com/books?id=6jAbAAAAYAAJ&q=%22justice+delayed%22#v=snippet&


In 1832 another aspirant attempts to construct the adage, but the
result is hedged with an elaborate qualifier.

Cite: 1832 January, American Jurist, Miscellany and Intelligence, Page
251, Number XIII, Stimpson and Clapp and Freeman and Bolles, Boston.

Suitors have an unquestionable right to a prompt disposition of their
causes, and justice delayed is often almost as injurious in its
consequences, as justice denied.

http://books.google.com/books?id=GM9LAAAAYAAJ&q=%22justice+delayed%22#v=snippet&


In 1838 the central idea of the adage is described as an axiom.

Cite: 1838 February 3, The Literary Gazette, To Correspondents, Page
76, Column 3, Published for the Proprietors at the Literary Gazette
Office, London.

Having heard the legal axiom, that justice delayed was as bad as
justice denied, we last week inserted a letter from Mr. Howitt without
comment ...

http://books.google.com/books?id=1KPHtO3mpLAC&q=%22justice+delayed%22#v=snippet&


In 1843 the humor magazine Punch punctures the high-flown rhetoric
concerning justice in the Magna Carta.

Cite: 1843 July to December, Punch, or the London Charivari. The Comic
Blackstone, Page 205, Column 2, Volume V, Number 122, Bradbury and
Evans, London.

As to justice never being sold, let any man look at the bill of costs
he gets from his attorney. As to its being denied, let him seek
justice in a Court of Requests ; and as to its being delayed, let him
commence a suit in Chancery.

http://books.google.com/books?id=YkwPAQAAIAAJ&q=%22justice+never%22#v=snippet&


In 1848 an author approaches the aphorism, but the version written
qualifies its statement by using the word "approaches".

Cite: 1848, Horace: With Notes by Charles Girdlestone and William
Alexander Osborne, Page 125, "Printed for Longman, Brown, Green, and
Longmans", London.

Justice delayed approaches to injustice, and the penalties of the law,
if long deferred, lose their efficacy for their most important uses,
to deter offenders and prevent offence.

http://books.google.com/books?id=QScEAAAAQAAJ&q=%22Justice+delayed%22#v=snippet&


In 1849 a wordsmith almost crafts the aphorism. But half-measures are
unacceptable when creating a quotation for the ages.

Cite: 1849, Strathmore: A Tragic Play in Five Acts by J. Westland
Marston, Page 50, C. Mitchell, Red Lion Court, Fleet Street, London.

Justice delayed is half denied.

http://books.google.com/books?id=wlIEAAAAQAAJ&q=%22Justice+delayed%22#v=snippet&


Finally, Gladstone gets it right in 1868 with "Justice delayed is
justice denied".

Garson

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