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
(1289) The Statute of Quo Warranto is another historical landmark,
showing the jealousy our ancestors felt of officials, bureaucracy; a
writ specially devised to enable them to challenge the right of any
magnate who pretended to power by virtue of holding office, and the
predecessor of our modern _quo warranto_, which we still use at all
times for that purpose, not only as against officers but to test
any special privileges or charters claimed, such as the right to a
monopoly, a franchise, a ferry, etc. These may be still tried by _quo
warranto_; meaning, by what warrant do you claim to exercise this
office, this monopoly, this privilege?
About this time is another statute forbidding usury, and permitting
Christian debtors to retain half of all debts they may owe to the
Jews, who are required to wear the mark of two cables joined on their
coats; and there is the great Statute of Westminster III, _Quia
Emptores_, affecting land tenures, still of importance to the
conveyancers. In 1295 we have the famous Model Parliament; that is to
say, the first one where kings, lords, and commons were joined, the
legislative branches sitting separately and the Commons represented.
Two years later Edward I, carrying on the war in Flanders, was
compelled to grant that great confirmation of the charters already
referred to, that no aid or tax should be taken but by the common
consent of the realm and for the common profit; restoring thus into
the recognized charter that important provision of the original
Charter of John; and it provides that the great charter shall be read
twice a year in every cathedral in England. In our country I am aware
of no provision for reading the Constitution, though the Declaration
of Independence, an obsolete document, is occasionally read upon the
Fourth of July.
In 1305 the Anglo-Norman law reports begin, the Year Books. From then
to now, at least, we have continuous written reports of all important
cases decided in England. This is not to say that we do not have them
before (our people, first in the world's history, has the records of
all its cases in high courts for nigh a thousand years), but they are
now for the first time systematic.
Public-domain text, read in full here on John Shaqi.
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