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
(1509) The reign of Henry VIII was one of personal government; and
in those days personal government resulted in a small output of
law-making by Parliament. Indeed, after 1523, under Cardinal Wolsey,
Parliament was not summoned for seven years. In 1539 the attempt to do
without popular legislation is shown in the act already referred to,
giving royal proclamations of the king and council the force of law, a
definite attempt at personal government which might have resulted in
the establishment of an administrative law fashioned by the executive,
had it not been for the sturdy opposition of the people under weaker
reigns. But under the reign of Henry VIII also the great right of free
speech in Parliament was established; and in 1514 the king manumitted
two villeins with the significant words "Whereas God created all
men free," vulgarly supposed to be original with our Declaration of
Independence.
The important principle of a limitation for prosecutions by the
government for penal offences dates from the first year of Henry
VIII, the period being put, as it still is, at three years; and it is
expressed to be for better peace and justice and to avoid the taking
up of old charges after the evidence has disappeared.
In 1515 is another act of apparel providing, among other things, that
the king only shall wear cloth-of-gold or purple color, or black
fur, and that no man under the degree of a knight may wear "pinched
Shirts." In this reign also comes the famous Statute of Wills,
permitting the disposal of land by devise, the Statute of Uses
and other matters primarily of interest to the lawyer; the first
Bankruptcy Act and the first legislation recognizing the duty of the
secular law to support the poor, perfected only under Queen Elizabeth;
but in the latter part of his reign there is little law-making that
need concern us. The Statutes of Apparel continue, and the statutes
fixing the price of wine, which, indeed, seems to have been the last
subject so regulated. There is the "Bloody Statute" against heresy,
and the first act against witchcraft, Tindale's translation of the
Bible is prohibited, and women and laborers forbidden to read the New
Testament. There is the first act for the preservation of the river
Thames, and also for the cleaning of the river at Canterbury; and the
first game law protecting wild-fowl, and a law "for the breeding of
horses" to be over fifteen hands. The king is allowed to make bishops
and dissolve monasteries; physicians are required to be licensed. The
regrating of wools and fish is again forbidden, and finally there is
an act for the true making of Pynnes; that is to say, they are to be
double headed and the heads "soudered fast to the Shanke."
Public-domain text, read in full here on John Shaqi.
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