Edward Jenks Quotes
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In the year 1871, Mr. Gladstone's Government introduced and passed the first Trade Union Act, by far the most important victory, up to that time achieved by the champions of labour organizations.
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It may be that the requirement of a preliminary approval by the Grand Jury, of all accusations of a serious nature, justified the boast that a man was presumed to be innocent until he was 'found' guilty; but that presumption certainly ceased to have practical application, so soon as the Grand Jury had returned a 'true bill'.
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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.
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The thegn who deems an unjust doom is to lose his thegnship. It is a principle which can be widely applied.
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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.
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Thus the period we are studying is remarkable for achieving, not merely the right of free alienation of land, but also the right of alienation by secret conveyance. The latter achievement we may sometimes regret; but it was, probably, necessary for the complete emancipation of land from its its ancient tribal and feudal bonds.
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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.
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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.
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The progress of the nation in wealth and refinement, however, naturally brought with it an increase in the number of crimes, as the old definition of offences became inadequate.
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The feudal warranty is, doubtless derived from the ancient duty of the feudal lord to protect his liege man 'with fire and sword against all deadly'. It was of the essence of the feudal bond, that the vassal should be under his lord's protection.
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But the fact that the word "chattel" has survived as the inclusive legal term for all movable goods, points, not merely to the great importance of cattle in primitive times, but to the importance of the notion of sale or barter in generating the institution of property.
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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.
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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.
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Every man, noble and simple alike, should hold his land as a pledge of god behaviour. His duties, to King, lord, and neighbour, should be settled once and for all; and, if he failed in them, he should be turned out of his home and left to starve. It was a drastic scheme; but a conqueror holding a conquered country by the force of the sword cannot afford to be squeamish.
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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.
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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.
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Whatever else the Norman Conquest may or may not have done, it made the old haphazard state of legal affairs forever impossible.
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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.
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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.
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The 'Little' or 'Barebones' Parliament, summoned by Oliver Cromwell to meet at Westminster on 4th July, 1653, after the dissolution of the remains of the Long Parliament, may have been an unpractical body, so far as the task of administration in troublous times was concerned. But it seems quite possible that the wealth of contumely and scorn which has been poured upon it was, originally, due quite as much to the fierce anger of vested interests against outspoken criticism, as to any real vagueness or want of practical wisdom in the plans of the House itself.
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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.
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The practice of creating chartered joint-stock companies of a modern type seems to have begun at the commencement of the seventeenth century; and the formation of the East India Company is one of the earliest, if not the very earliest, examples. At first, it appears, the 'joint stock' of the company was separately made up for each ship; perhaps for each voyage. But, in the year 1612 the Company made the momentous resolve to have one joint stock for the whole of its affairs, and thus inaugurated a new epoch. The East India Company, or Companies, (for there were two of them), were followed by the Hudson's Bay Company (1670), the existence of which was recognized by statute in 1707, and by the Bank of England and the notorious South Sea Company.
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Is it surprising that modern English land law should resemble a chaos rather than a system?
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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.