Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

(1427) The next year the attempt to fix wages by law is again abandoned, and they are to be fixed by the justices, “because Masters cannot get Servants without giving higher Wages than allowed by the Statute.”

The exact time of the appearance of the modern corporation has been a matter of some doubt.  Its invention was probably suggested by the monastic corporation, or the city guild.  This whole matter must be left for a later chapter, but we must note the phraseology of a statute of Henry VI in 1426, which speaks of “Guilds, Fraternities, and other Companies corporate,” and requiring them to record before justices of the peace all their charters, letters-patent, and ordinances or by-laws, which latter must not be against the common profit of the people, and the justices of the peace or chief marshal are given authority to annul such of their by-laws as are not reasonable and for the common profit—­the fountain and origin of a most important doctrine of the modern law of restraint of trade and conspiracy.

(1444) Servants in husbandry purposing to leave their masters were required to give warning by the middle of the term of service so that the “Master may provide another Servant against the End of his Term.”  Again a maximum price is fixed for the wages of servants, laborers, and artificers:  the common servant of husbandry, fifteen shillings a year, with money for clothing, eleven shillings; and women servants ten shillings, with clothing price of four shillings, and meat and drink.  But winter wages are less and harvest wages more than in summer; and men who refuse to serve by the year are declared vagabonds.

(1450) John Cade was attainted of treason, and in 1452 comes the famous statute giving the chancellor power to issue writs of proclamation against rioters or persons guilty of other offences against the peace, with power to outlaw upon default, quoted by Spence[1] as the foundation of the practice of issuing injunctions to preserve the peace, now bitterly complained of by Mr. Gompers and others; and it is most noteworthy as sustaining this adverse view that the Statute of Henry VI itself makes special exception, “That no Matter determinable by the Law of this Realm shall be by the same Act determined in other Form than after the Course of the same Law in the King’s Courts having Determination of the same Law,” and the act itself is only to endure for seven years.

[Footnote 1:  “1 Eq.  Jur.,” 353.]

(1487) This year a Statute of Henry VII originates the criminal jurisdiction of the Court of Star Chamber,[1] an interesting statute reciting that the Mayor and Aldermen of London have forbidden citizens to go to fairs or markets, or trade outside the city, which is declared “contrary to the common weal of England” and the ordinance made void.  In 1495 the laws against riots and unlawful assemblies are recited and confirmed, and authority to punish and prevent them given to the justices and the common-law

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Popular Law-making from Project Gutenberg. Public domain.