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
(1487) This year a Statute of Henry VII originates the criminal
jurisdiction of the Court of Star Chamber,[1] an interesting statute
reciting that the Mayor and Aldermen of London have forbidden citizens
to go to fairs or markets, or trade outside the city, which is
declared "contrary to the common weal of England" and the ordinance
made void. In 1495 the laws against riots and unlawful assemblies are
recited and confirmed, and authority to punish and prevent them given
to the justices and the common-law courts, except that the justices
themselves in a case of such disorder by more than forty persons are
to certify the names of the offenders to the king and his council
(that is to say, the Star Chamber) for punishment. In 1495 the
wages of servants in husbandry and of artificers and shipwrights,
master-masons and carpenters are again fixed, with the hours of work
and meal time provided; in March, from 5 a.m. till 7 or 8 p.m., but
with half an hour for breakfast, an hour and a half for dinner, and
half an hour for supper, and in winter time from dawn till sunset, and
"said Artificers and Laborers shall slepe not by day" except between
May and August; but this whole act "for the common wealth of the poor
artificers" is repealed the following year.
[Footnote 1: This court, says Lord Coke, was originally established to
protect subjects against the offences and oppressions of great men by
extortion, frauds, riots, unlawful assemblies, etc., leaving ordinary
offences to the courts of common law, and Clarendon adds that "whilst
it was gravely and moderately governed, it was an excellent expedient
to preserve the peace and security of the kingdom." Nevertheless,
"having become odious by a tyrannical exercise of its powers, it was
abolished by a Statute of 16 Charles I."]
Public-domain text, read in full here on John Shaqi.
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