to prohibit people from eating anything but fish in
Lent, entitled “An Acte to encourage the Seamen
of England to take Fishe, wherebie they may encrease
to furnishe the Navie of England.” There
was an act for the relief of skinners, and a charter
given by Queen Elizabeth in the twenty-first year
of her reign to the Eastland merchants for a monopoly
of trade in those countries; it would be interesting
could these early corporation charters and monopoly
grants be printed, for they are not usually found
in the statutes of the realm. In 1605 stage players
are forbidden from swearing on the stage. In
1606 is an elaborate act for the regulation of the
spinning, weaving, dyeing, and width of woollen cloth,
and the same year is an act for “repressinge
the odious and loathsome synne of Drunckennes,”
imposing a penalty or fine and the stocks. In
1609 an act of Edward IV is revived, forbidding the
sale of English horns unwrought, that people of strange
lands do come in and carry the same over the sea and
there work them, one of the latest statutes against
the export of raw material. In the last year of
his reign comes the great Statute of Monopolies noted
in the last chapter, and an act extending the benefit
of clergy to women convicted of small felonies, for
which they had previously suffered death, and another
act for the repression of drunkenness. And the
last statute we shall note, like the first, is concerned
with regrating and engrossing; that is to say, it
re-enacts the Statute of Edward VI prohibiting the
engrossing of butter and cheese, and prohibiting middlemen.
Thus restraint of trade and freedom of labor begin
and end as the most usual subjects of English popular
law-making.
* * * *
*
A few words upon Cromwell’s legislation may
be of interest; for though it was all repealed and
left no vestige in the laws of England, it had some
effect upon the legislation of Massachusetts, Rhode
Island, and Connecticut. Under the Commonwealth
there was but one legislative chamber, and over that
the protector exercised far more control than had
been ventured by the maddest Stuart or Tudor.
One would suppose that a period which represented
the supremacy of the common people would be marked
by a mass of popular legislation. Quite the contrary
is the fact. In the first place, the Instrument
of Government, prepared by the so-called Barebones
Parliament, was supposed to be a sort of constitution;
as a symbol of the change from absolute personal government
to constitutional government under this Instrument,
Cromwell exchanged his military sword for the civil
common sword carried by General Lambert, who was at
the head of the deputation praying the Lord General
to accept the office of protector. It vested
the supreme power in him, acting with the advice of
the Council, with whose consent alone he could make
war, and that Council was to choose future protectors.
The legislative power resided in a single chamber,