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
that come into our Realm be in such Manner grieved, establish that
when the Letters or the oath be taken their Goods shall be delivered
to them without delay and the bailiffs meddle no more of the same
Goods upon Pain of Imprisonment and pay the Party grieved quatreple
Damages." As is well known, it is the United States custom to insist
upon the oath of the importer, and notwithstanding that, rummage open
his trunks. Or are we to infer that people were more truthful in those
days?
(1354) The export of iron is forbidden, and the justices given power
to punish them that sell iron at too dear a price, but it does not
appear how the prices are to be determined; and the Statute of the
Staple is again re-enacted and the provision made that duty shall be
paid only upon those goods which are actually sold in England and the
merchant may re-export the balance--the first precedent of our laws
of importing under bond. It is notable that this year the Statute of
Laborers is extended to the city of London.
(1357) The Ordinance of Herrings is a most interesting example of
early intelligence in dealing with a modern abuse. It provides "that
no herring shall be bought or sold in the Sea, till the Fishers be
come into the Haven with their Herring, and that the Cable of the Ship
be drawn to the Land." That thereupon they may sell freely, but only
between sunrise and sunset. "The Hundred of Herring shall be ... six
score, and the Last by ten Thousand and all Merchants must sell the
Thousand of Herring after the Rate of the Price of the Last, and the
people of Yarmouth shall sell the last [that is, the ten thousand red
herring], bought for forty shillings for half a mark of gain and not
above; and so the people of London for one mark of gain"; and the
destruction of fish is prevented, but all caught must be sold. It is
well known that the custom was to destroy all the fish brought into
Billingsgate market above a certain quantity, which led Ruskin to cry
out furiously that the real prices of the world were regulated by
Rascals, while the fools are bleating their folly of Supply and
Demand. One may guess to-day that most of the proceedings in the ports
of Boston, New York, or Gloucester would be highly criminal under this
ancient law. So, in the Statute of Dogger (this ancient word meaning
the ships that carry fish for salting to Blakeney, Cromer, and other
ports in the east of England), the price of dogger fish is settled at
the beginning of the day and must be sold at such price "openly, and
not by covin, or privily," nor can fish be bought for resale, but must
be sold within the bounds of the market. To-day there is not a quart
of milk that goes into Boston that is not forestalled, nor possibly
a fish that is not sold at sea or even before its capture; and
the number of middlemen is many--when, indeed, they all are not
consolidated into a trust. The destruction, directly or by cold
storage, of milk, fish, eggs, or other food in order solely to
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