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
established in the middle of the fourteenth century the great English
principle of freedom of life and trade. The legislation of this great
reign ends with the prohibition of practising lawyers from sitting in
Parliament and an ordinance that women might not practise law or "sue
in court by way of Maintenance or Reward, especially Alice Perrens,"
Alice Perrers or Pierce having become unpopular as the mistress of the
elderly king. Our courts have usually held that there is no common-law
principle forbidding women to practise law, but from this ancient
statute it would appear that such decisions are erroneous.
(1381) In 5 Richard II is a law absolutely forbidding the sale of
sweet wines at retail. This law, with the testimony of Shakespeare,
goes to show that England liked their wines dry (sack), but the act is
repealed the following year, only that sweet wines must be sold at
the same price as the wines of the Rhine and Gascony; and in the same
year, more intelligent than we, is a statute permitting merchants to
ship goods in foreign ships when no English ships are to be had. In
1383, according to Spence, the barons protested that they would never
suffer the kingdom to be governed by the Roman law, and the judges
prohibited it from being any longer cited in the common-law tribunals.
The rest of the statutes of Richard II are taken up with the important
statutes concerning riots and forcible entries, and regulating labor,
as set forth in the last chapter.
The troublesome reign of Richard II closes with an interesting attempt
to make its legislation permanent, as has sometimes been attempted
in our State constitutions. The last section of the last law of King
Richard declares "That the King by the Assent of the said Lords and
Knights [note it does not say by consent of the Commons], so assigned
by the said Authority of Parliament, will and hath ordained that ...
to repeal or to attempt the repeal of any of the said Statutes
is declared to be high treason," and the man so doing shall have
execution as a traitor. Notwithstanding, in the following year the
first act of Henry IV repeals the whole Parliament of the 21st of
Richard II and all their statutes; that it be "wholly reversed,
revoked, voided, undone, repealed, and adnulled for ever"--so we with
the States in rebellion, and so Charles II with the acts of Cromwell.
Public-domain text, read in full here on John Shaqi.
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