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.
Edward JenksWhatever else the Norman Conquest may or may not have done, it made the old haphazard state of legal affairs forever impossible.
Edward JenksBut 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.
Edward JenksBut 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.
Edward JenksOnly 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.
Edward JenksThe 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 JenksFirst 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.
Edward Jenks