Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
(1387) The barons protested that they would never suffer the kingdom
to be governed by the Roman law, and the judges prohibited it from
being any longer cited in the common-law tribunals;[1] and in 1389 we
find another statute complaining of the courts of the constable and
marshal having cognizance of matters which can be determined by the
common law, and forbidding the same; and the statute of the previous
year concerning laborers is confirmed, except that wages are to be
fixed by a justice of the peace, "Forasmuch as a Man cannot put the
Price of Corn and other Victuals in certain." Shoemakers are forbidden
to be tanners, and tanners to be shoemakers; a statute which seems
to have been much debated, for it is continually being repealed and
re-enacted for a hundred years to follow.
[Footnote 1: Spence, I Eq. Jur., 346.]
(1392) The Statute of York, giving free trade to merchants, is
re-enacted, and it is specified that they may sell in gross or by
retail "notwithstanding any Franchise, Grant or Custom," but they are
forbidden to sell to each other for purposes of regrating and they
must sell wines in the original package and "Spicery by whole Vessels
and Bales." "All the weights and measures throughout the Realm
shall be according to the Standard of the Exchequer"--save only in
Lancashire, where they are used to giving better measure.
(1402) Laborers are forbidden to be hired by the week or to be paid
for holidays or half days. In 1405 the old Statute of Laborers is
re-enacted, particularly the cruel law forbidding any one to take up
any other trade than husbandry after the age of twelve, nor can any
one bind his child as apprentice to learn a trade unless he has twenty
shillings per annum in landed property.
(1414) The 2d of Henry V recites the Statute of the 13th of Henry
IV against rioters, but power to suppress them is intrusted to the
justices of the peace and the common-law courts "according to the law
of the land." Only if default is made in suppressing them the king's
commission goes out under the great seal, showing the beginning of
the use of the executive arm in suppressing riots, of which our
most famous instance was the action of President Cleveland in the
Pullman-car strike in Chicago in 1893. And in the same statute the
chancery arm is invoked, that is to say, if any person complain that
a rioter or offender flee or withdraw himself, a bill issues from
the chancery, and if the person do not appear and yield, a writ of
proclamation issues that he be attainted, a more severe punishment
than the six months' imprisonment usually meted out to our contemners.
It is interesting to notice that the bills (petitions for legislation)
are now in English; though the statutes enacted are still in French or
Latin.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account