The Emancipation of Massachusetts by Brooks Adams
page 150 of 432 (34%)
page 150 of 432 (34%)
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Such was the undoubted theory, and evidently there must always have been some practical means of checking the abuse of power by these strong organizations. In semi-barbarous ages the sovereign took matters into his own hands by seizing the franchise, and even the Plantagenets repeatedly suspended or revoked the liberties of London,--often, no doubt, for cause, but sometimes also to make money by a resale; and a succession of these arbitrary forfeitures demonstrated that charters to be of value must be beyond the grantor's control. Resort was had to the courts, as a matter of course, and finally it was settled that relief should be given by a writ of _quo warranto_, upon which the question of the violation of privileges could be tried; and curious records still remain of ancient litigations of this nature. In 1321 complaint was made against the London Weavers for injuring the public by passing regulations tending to raise the price of cloth. [Footnote: _Liber Customarum_, i. 416-424.] It was alleged that the guild, with this intent, had limited the working hours in the day, the working days in the year, and the number of apprentices the freemen might employ; and the prayer was that for these abuses the charter should be annulled. The cause was tried before a jury, who found the truth of some of the charges; but the judgment is lost, as the roll is imperfect. There was danger, moreover, to the citizen from the oppression of these powerful bodies, as well as to the public from their usurpations; and were authority wholly wanting, argument would be almost unnecessary to prove that some appellate tribunal must always have had jurisdiction to pass upon the validity of corporate legislation; for otherwise any summary |
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