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
Two years before this great statute, the process of impeachment, not
employed for nearly two hundred years, had been revived against Sir
Giles Mompesson and Sir Francis Mitchell, who in the Parliament of
1621 were impeached "for fraud and oppression committed as patentees
for the exclusive manufacture of gold and silver thread, for
the inspection of inns and hostelries, and for the licensing of
ale-houses. While no definite articles were presented according to
modern forms, an accusation was made by the Commons and a judgment
rendered by the Lords, condemning both to fine, imprisonment, and
degradation from the honor of knighthood." Nevertheless, Charles
I revived the system of monopolies and raised revenue by their
application to almost every article of ordinary consumption as well as
by enormous fines inflicted through the Star Chamber, both important
matters leading to his dethronement.[1] Elizabeth granted monopolies
on the perfectly madern pretence that a monopoly, be it made by law or
by tariff, is for the benefit of the public good, though at the same
time possibly a private profit to certain individuals, friends of the
sovereign.
[Footnote 1: See Dowell, "History of Taxation," vol. I, pp. 204-209.]
But all this early legislation of England was far better and more
advanced than our own; for in all these questions of duties on exports
and duties on imports and monopolies, they never consider the man who
has the monopoly, the producer; but always they are avowed to
be, petitioned for, declared to be, only in the interests of the
_consumer_; which cannot be said to be the case with ourselves.
V
OTHER LEGISLATION IN MEDIAEVAL ENGLAND
(1275) The Statute of Westminster I has sometimes been termed a great
English code; it is certainly a comprehensive statement by statute of
a considerable portion of existing law. In our consideration of
labor and conspiracy laws we have had to include statutes of later
centuries. Now, returning to the year of the Statute of Westminster,
we found, in 1275, also the Statute of Bigamy, aimed against priests
with more than one wife. It is to be noted that this was centuries
before the celibacy of priests became one of the doctrines of the
Roman Catholic Church. It is also interesting that this early statute
refers to the pope as "the Bishop of Rome"--but only as printed since
1543.
Public-domain text, read in full here on John Shaqi.
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