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Edward Jenks Biography

Edward Jenks, FBA (1861–1939) was an English jurist, and noted writer on law and its place in history. Born on 20 February 1861 in Lambeth, London, to Robert Jenks, upholsterer, and his wife Frances Sarah, née Jones, he was educated at Dulwich College (1874-77) and King's College, Cambridge, where he was scholar (1886) and, in 1889-95, fellow. He graduated B.A., LL.B. in 1886, and M.A. in 1890. He was awarded the Le Bas Prize and the Thirlwall Prize and was chancellor's medallist. In 1887 he was called to the Bar and for the next two years lectured at Pembroke and Jesus colleges, Cambridge.

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Edward Jenks Quotes

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.

Drawn, Law, Process, Source, Sources

What is technically called the 'fungibility' of money, is its chief value as an article of commerce; and this fact could not long remain recognized, even by such a conservative class as legal officials.

Class, Commerce, Facts, Long, Recognized, Value

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.

Country, Famous, Land, Largely, Mendicant, Order

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.

Facts, Generating, Importance, Institutions, Movable, Word

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.

Achievement, Framed, Judging, Law, Officials, Shared

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.

Character, Injunction, Men, Necessity, Stars, State

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.

Country, Book, Historical, Domesday, 1166

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.

Careers, Received, Release, Successful, Terms, Years

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.

Chattels, Common, Kings, Land, Law, Say

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.

Action, Compensate, Connections, Defamation, Prevent, Promise

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.

1653, 4Th Of July, Administration, Long, Meet, Real

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.

Arbitrary, Based, Inelastic, Kind, Law, Nations

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

Chaos, Land, Law, Resemble, System

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.

English, Glory, Law, Long, Roots, Slow

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.

Civilization, Firsts, Interest, Redeemed, Return

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.

Daily, Emblem, Growing Up, Half, Law, Long

Only when a disputed point has long caused bloodshed and disturbance, or when a successful invader (military or theological) insists on a change, is it necessary to draw up a code.

Code, Draw, Long, Military, Successful