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
(1623) In the beginning, the statute recites that "Your most excellent
Majestie in your Royall Judgment ... did In the yeare ... 1610 ...
publish in Print to the whole Realme and to all Posteritie, that all
Graunt of Monapolyes and of the benefitt of any penall Lawes, or of
power to dispence with the Lawe ... are contrary to your Majesties
Lawes, which your Majesties Declaracon is truly consonant and
agreeable to the auncient and fundamentall Lawes of this your
Realme.... Nevertheles ... many such Graunts have bene undulie
obteyned ... For avoyding whereof and preventinge of the like in tyme
to come, May it please your most excellent Majestic ... that it may be
declared and enacted, and be it declared and enacted by the authoritie
of this present Parliament That all Monapolies and all Commissions
Graunts Licenses Charters and lettres patents heretofore made or
graunted, or hereafter to be made or graunted to any person or persons
Bodies Politique or Corporate whatsoever of or for the sole buyinge
sellinge makinge workinge or usinge of any things within this Realme
or the Dominion of Wales, or of any other Monopolies, or of Power
Libertie or Facultie to dispence with any others, or to give Licence
or Toleracon to doe use or exercise any thinge against the tenor or
purport of any Lawe or Statute ... are altogether contrary to the laws
of this realm and so are or shall be utterly void and in no wise to be
put in use or execution." Section 2 provides that all such monopolies
and the force and validity of them ought to be and should forever
hereafter be examined, tried, and determined by and according to
the common law; section 4, that a party aggrieved might have treble
damages, as in our modern Sherman Act. There followed provisos for
exempting existing patents for twenty-one years or less for new
inventions or like future patents for fourteen years or less, the
charters of the city of London, or any custom or customs of London, or
any other city or town, for corporations, companies, or fellowships of
any art, trade, occupation, or mystery; that is to say, exempting the
guilds, but these guilds by this time had long ceased to be societies
of actual journeymen or handicraftsmen. This great statute may fairly
be classed among the constitutional documents of England, and it left
the great fabric of the English common law guaranteeing freedom of
labor and liberty of trade, Magna Charta itself recognizing this
principle, and the Statute of Westminster I forbidding forestalling
and excessive toll contrary to the laws of England, as it has remained
until the present day--only rediscovered in the statutes of our
Southern and Western States aimed against trusts, and reapplied by
Congress, in the Sherman Act, to interstate commerce; but in neither
case added to, nor, possibly, improved.
Public-domain text, read in full here on John Shaqi.
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