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Quote by Edward Jenks

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A Short History of English Law: From the Earliest Times to the End of the Year 1919

A Short History of English Law is a scholarly work that meticulously traces the evolution of English legal principles and practices. The book delves into the historical context of various legal developments, examining the impact of social, political, and economic factors on the law. It includes discussions on the Magna Carta, the common law, and the development of legal institutions, offering readers a thorough understanding of the foundational elements of English law. more

Author

Edward Jenks
Edward Jenks

Edward Jenks was a British writer born in 1861 and died in 1939. His works covered a range of fields, including history, philosophy, and literary criticism. Jenks is known for his profound insights into history and philosophy, and his writings have had a significant impact on later scholars. more

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“The 'inquests' which resulted in the compilation of the Domesday Book made a vivid and unfavorable impression on the country. A similar effect was produced by the inquests of 1166 and 1170, before alluded to. Even to this day, the word 'inquisitorial' bears the burden of historical unpopularity.”

“The common law of chattels, that is to say, the law ultimately adopted by the King's courts for the regulation of disputes about the ownership and possession of goods, was, to be a substantial extent, a by-product of that new procedure which had been mainly introduced to perfect the feudal scheme of land law.”

“But we remember that it was just precisely in the reign of Richard II that the Peasants' War, following upon the changes wrought by the visitations of the Great Plague, virtually destroyed serfdom as a personal status.”

“The popularity of the famous device of the use of lands into England is said to be largely due to the mendicant friars of the then new Orders of St. Dominic and St. Francis, who, arriving in this country, in the first half of the thirteenth century, found themselves hampered by their own vows of poverty, no less than by the growing feeling against Mortmain in acquiring the provision of land absolutely necessary for their rapidly developing work.”

“But then a daring evasion by a leading conveyancer, known as the Lease and Release, received judicial sanction; and commenced a successful career of more than 200 years. The Lease and Release, attributed to Serjeant Moore, was based on the fact that the Statute of Inrolments did not apply to terms of years.”

“First in point of time and interest comes the mortgage debt, i.e. the claim for the return of money lent on the security of some tangible object. Such claims are among the earliest fruits of a commercial civilization, and are nearly always affected the same way, viz. by the deposit or pledge of the security with the creditor, to be redeemed or returned on the payment of the debt.”

“We regard an action of Contract as an action to prevent or compensate for a breach of a promise; an action of Tort as an action to to punish or compensate for a wrong, such as assault or defamation, which has not any necessary connection with a promise.”