Excerpt from The Law of Mortgage in India
Early notions of security - Real security, a development of mature jurisprudence - Short historical sketch of Roman law of pledge - Similar notions traceable in early Hindu and Mahomedan law - Classification of securities by Roman lawyers - Rights of pledgor and pledgee in Roman Law, and in systems founded upon Roman law - Mortgages of land in England - Rights of mortgagor and mortgagee - Influence of civil law.
The history of archaic institutions shows how very slowly the most familiar juridical conceptions of the present day have been matured. Few persons, I venture to affirm, would think of questioning the truth of this assertion at the present day; and yet even a slight acquaintance with juridical literature will show that it is only recently that wild speculation and rash assertion have given place to sober reasoning and careful observation. Comparative jurisprudence in a few short years has accomplished many striking results; but not the least important of these, is the dissipation of the delusions which once clustered round the early history of law. Experience, however, tells us that speculative errors possess remarkable vitality; and it would be rash to suppose that delusions once so common have wholly died out in our time.
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