States. “Regrating” is defined in
some of the early dictionaries as speculating in provisions;
the offence of buying provisions at a market for the
purpose of reselling them within four miles of the
place. The careful regulation of markets and
market towns that existed in early times in England
would not suffer some rich capitalist to go in and
buy all that was offered for sale with intent of selling
it to the same neighborhood at a higher price.
Bishop Hatto of the Rhine, you may remember, paid with
his life for this offence. The prejudice against
this sort of thing has by no means ended to-day.
We have legislation against speculation in theatre
tickets, as well as in cotton or grain. “Engrossing”
is really the result of a successful forestalling,
with or without regrating; that is to say, it is a
complete “corner of the market”; from it
our word “grocer” is derived. Such
corners, if completely successful, would have the
public at their mercy; luckily they rarely are; the
difficulty, in fact, begins when you begin to regrate.
But in artificial commodities it is easier; so in
the Northern Pacific corner, a nearly perfect engrossing;
the shares of stock went to a thousand dollars, and
might have gone higher but for the voluntary interference
of great financiers. Leiter’s Chicago corner
in wheat, Sully’s corner in cotton, were almost
perfect examples of engrossing, but failed when the
regrating began. All these tend to monopoly, and
act, of course, in restraint of trade; the broader
meanings of these two latter more important principles
we leave for later discussion.
(1285) The Statute of Bakers, or Assize of Bread and
Ale, is by some assigned to the 13th of Edward I.
If so, we find all these great modern questions treated
by statute in the reign of the same great law-making
king, Edward I, who well was called the “English
Justinian”; for, in 1305, twenty years later,
we have the first Statute of Conspiracy. This
statute only applies to the maintaining of lawsuits;
but the Statute of Laborers of 1360 declares void all
alliances and covins between masons, carpenters, and
guilds, chapters and ordinances; and from this time
on the statutes recognize the English common law of
conspiracy in general words.
As this is one of the most important doctrines of
the English law, and moreover one which is most criticised
to-day by large interests, both of capital and labor,
it will be wise to dwell upon its historical and logical
origin in this place, though we shall consider it at
length later as it touches various fields of legislation.
It is notable for two most important principles:
first, that it recognizes the great menace of combined
action, and both forbids and punishes combinations
to do an act which might be lawful for the individual;
second, of all branches of civil, as distinct from
criminal, law, it is the one which most largely recognizes
intent; that is to say, the ethical purposes of the
combination. It has been urged in some judicial