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
maintain the price should to-day be a misdemeanor; and these early
doctrines of forestalling and restraining trade should be to-day more
intelligently applied by our judges--or by the legislatures, if our
lawyers have forgotten them--for they all are "highly criminal at the
common law."
In the reign of Edward III appears one of many cruel ordinances for
Ireland. Although the Roman Church was then, of course, universal, the
statute is addressed to "the Archbishops, Bishops, Abbots, Priors and
our Officers both great and small of our land of Ireland," and
recites that "through default of good government and the neglect
and carelessness of the royal officers there [this is probably true
enough] our land of Ireland and the Clergy and People thereof have
been manifoldly disturbed and grieved; and the Marches of said Land
situate near the Enemy, laid waste by Hostile Invasions, the Marches
being slain and plundered and their Dwellings horribly burnt." The
Marchers were, of course, mainly of English descent; and one notes
that the Irish are frankly termed the Enemy. As a method of meeting
this evil, the Saxon intelligence of the day could find no better
remedy than to lay it to "marriages and divers other Ties and the
nursing of Infant Children among the English and the Irish, and
Forewarnings and Espyals made on both Sides by the Occasions
aforesaid," and it therefore forbids such marriages to be contracted
between English and Irish, "and other private Ties and nursing of
Infant Children." The statute notes that these dissensions do not
occur only between the English and those of Irish blood, but as well
between the English of birth and the English of descent living in
Ireland; a condition which has, indeed, continued till to-day, Parneil
and a host of famous Irishmen being of pure English descent.
Public-domain text, read in full here on John Shaqi.
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