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
We are now approaching the end of our task, for the legislation after
James I, with the exception of a few great acts, such as the Statute
of Frauds and the Habeas Corpus Act, hardly concerns us as not being
part of our inherited common law. The reigns of Elizabeth and James
are to us principally notable for the increase of the feeling against
monopolies, ending in the great Statute of James I. While we still
find restrictions upon trade in market towns or in the city of
London, they always appear as local restrictions and are usually soon
repealed. The prejudice against regrating, that is to say, middlemen,
continues, as is shown in a Statute of Edward VI, providing that no
one shall buy butter or cheese unless to sell the same only by retail
in open shop. That is to say, there must be no middleman between the
producer and the retailer, and a definition of the word "retail" is
given. In 1552, the 7th of Edward VI is a celebrated statute called
the Assize of Fuel, applied to the city of London, notable because
it forbids middlemen and provides that no one shall buy wood or coal
except such as will burn or consume the same, "Forasmuche as by the
gredye appetite and coveteousnes of divers persons, Fuell Coles and
Woodd runethe many times throughe foure or fyve severall handes or
moe before it comethe to thandes of them that for their necessite doo
burne ... the same"--under penalty of treble value.
In 1551 is the last elaborate act against regrators, forestallers, and
engrossers, made perpetual by 13 Elizabeth, and only repealed in 1772.
It recognizes all previous laws against them, but recites that they
have not had good effect, and therefore in the first section gives a
precise definition. _Forestalling_--the buying of victuals or other
merchandise on their way to a market or port, or contracting to buy
the same before they arrive at such market or city, or making any
motion for the enhancing of the price thereof, or to prevent the
supply, that is, to induce any person coming to the market, etc., to
stay away. _Regrating_ is narrowed to victuals, alive or dead, and to
the reselling them at the fair or market where they were bought or
within four miles thereof; and _engrossing_ is given a definition very
similar to our "buying of futures." That is to say, it is the buying
or contracting to buy any corn growing in the fields or any other
victuals within the Realm of England with intent to sell the same
again. The penalty for all such offences is two months' imprisonment
and forfeiture of the value of the goods, but for a third offence the
person suffers forfeiture and may be imprisoned. There is an important
recognition of modern political economy made in the proviso that
persons may engross corn, etc., when it sells at or below a certain
price, not, however, forestalling it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account