Edward Jenks - Law Quotes

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It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those four great pillars of Chancery jurisdiction, the injunction, the decree, the sequestration, and the commission of rebellion.

Edward Jenks
The process of specialization tends, almost inevitably, to narrow the sources from which the rules of any science are drawn; and English law is no exception from this rule.

Edward Jenks
It is the glory of English Law, that its roots are sunk deep into the soil of national history; that it is the slow product of the age long growth of the national life.

Edward Jenks
It is true, that a Law of Contract based on causae will always be an arbitrary and inelastic law; but it is a kind of law with which some great nations are satisfied at the present day.

Edward Jenks
In the Laws of Cnut, it was formally laid down that no one is to bother the King with his complaints, so long as he can get Justice in the Hundred.

Edward Jenks
Thus, at long last, as a visible emblem of unity was daily growing in the new Palace of Justice then being erected in the Strand, half way between the historic site of Westminster the historic centre of the commercial capital of the world, there began to grow up, in the minds of reformers, the vision of a great and united Supreme Court of Justice, with uniform principles, uniform law, and uniform procedure.

Edward Jenks
A statute of 1344 shows some weakness; but the statute of 1391 is memorable, not merely as being the Mortmain Code of three centuries, but as extending the rule of mortmain to all bodies, religious and secular alike, having perpetual succession. For this extension marks the definite recognition by English Law of the corporation, or, as it is sometimes called, the 'fictitious person' - the legal personality which is not restricted to the limits of individual life. The gradual evolution of this institution is one of the most fascinating chapters in legal history...

Edward Jenks
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.

Edward Jenks
This again, led judges and lawyers to insist on the importance of possession, or seisin, as evidence and presumptions of title, and thus to give to the seisin of land that unique importance in English land law which it has ever been held.

Edward Jenks
It was not long before English Law took the one step needed to produce the modern scheme of legal remedies. And when it did, it used the Writ of Trespass as the starting point.

Edward Jenks
The invention of writs was really the making of the English Common Law; and the credit of this momentous achievement, which took place chiefly between 1150 and 1250, must be shared between the officials of the royal Chancery, who framed new forms, and the royal judges, who either allowed them or quashed them.

Edward Jenks
Is it surprising that modern English land law should resemble a chaos rather than a system?

Edward Jenks