The Argument of the Lord Chief Justice of the Court of King's Bench concerning the great case of monopolies, between the East-India Company, plantiff, and Thomas Sandys, defendant wherein their patent for trading to the East-Indies, exclusive of all others, is adjudged good.
      
       
         
           1689
        
      
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             The Argument of the Lord Chief Justice of the Court of King's Bench concerning the great case of monopolies, between the East-India Company, plantiff, and Thomas Sandys, defendant wherein their patent for trading to the East-Indies, exclusive of all others, is adjudged good.
             Jeffreys, George Jeffreys, Baron, 1644 or 5-1689.
             Sandys, Thomas.
             England and Wales. Court of King's Bench.
             East India Company.
          
           [4], 32 p.
           
             Printed, and are sold by Randal Taylor ...,
             London :
             1689.
          
           
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
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           East India Company.
           Monopolies -- England -- Early works to 1800.
        
      
    
     
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           THE
           ARGUMENT
           OF
           THE
           
             Lord
             Chief
             Justice
          
           OF
           THE
           Court
           of
           King's
           Bench
           CONCERNING
           The
           GREAT
           CASE
           OF
           MONOPOLIES
           ,
           BETWEEN
           The
           EAST
           —
           INDIA
           Company
           ,
           Plaintiff
           ,
           AND
           THOMAS
           SANDYS
           ,
           Defendant
           .
        
         
           Wherein
           their
           Patent
           for
           Trading
           to
           the
           East-Indies
           ,
           Exclusive
           of
           all
           others
           ,
           is
           adjudged
           good
           .
        
         
           Entred
           Trin.
           35
           Car.
           2.
           
           B.
           R.
           Rot.
           126.
           
             and
             Adjudged
          
           Termino
           S.
           Hilar.
           annis
           36
           &
           37
           Car.
           2.
           
           &
           Primo
           Jac.
           2.
           
        
         
           LONDON
           ,
           Printed
           ,
           and
           are
           Sold
           by
           
             Randal
             Taylor
          
           ,
           near
           Stationers-Hall
           ,
           MDCLXXXIX
           .
        
      
       
         
         
         
           The
           Publisher
           to
           the
           Reader
           .
        
         
           TO
           commend
           this
           Argument
           I
           'll
           not
           undertake
           ,
           because
           of
           the
           Author
           ;
           but
           yet
           I
           may
           tell
           you
           what
           is
           told
           me
           ,
           That
           it
           is
           worthy
           any
           Gentleman's
           perusal
           ,
           for
           the
           Subject
           is
           of
           concern
           to
           the
           Publick
           in
           general
           ,
           and
           to
           every
           individual
           Man
           in
           the
           Kingdom
           either
           immediately
           or
           by
           Consequence
           ,
           since
           Trade
           is
           the
           Life
           of
           a
           Nation
           ,
           and
           all
           Men
           are
           Traders
           either
           by
           themselves
           or
           others
           ;
           the
           Consequences
           of
           it
           are
           Strength
           ,
           Wealth
           ,
           and
           Employment
           to
           all
           sorts
           of
           People
           whatsoever
           :
           And
           that
           ,
           and
           nothing
           but
           that
           ,
           can
           secure
           the
           Peace
           of
           the
           Country
           ,
           it
           employing
           both
           Rich
           and
           Poor
           ,
           and
           keeping
           all
           from
           Idleness
           ,
           and
           so
           prevents
           Ill
           Men
           from
           disturbing
           the
           Government
           by
           Treasons
           ,
           or
           the
           Subject
           by
           Felonies
           ,
           both
           which
           are
           most
           frequent
           when
           Trade
           is
           dull
           ,
           and
           Men
           are
           Idle
           ;
           when
           the
           Exchange
           is
           thin
           ,
           and
           Shops
           are
           empty
           .
        
         
           'T
           would
           be
           an
           endless
           Task
           to
           recount
           the
           Desolations
           and
           Ruins
           that
           have
           happened
           to
           States
           and
           Kingdoms
           by
           Sloth
           ,
           Luxury
           ,
           Idleness
           ,
           and
           the
           neglect
           of
           Commerce
           ,
           and
           the
           prodigious
           Benefits
           that
           have
           accrued
           to
           several
           Countries
           by
           the
           contrary
           ,
           and
           to
           our
           own
           in
           particular
           ;
           and
           the
           vigilant
           Care
           and
           Zeal
           ,
           which
           wise
           Kings
           ,
           Princes
           ,
           and
           other
           Sovereign
           Potentates
           ,
           have
           always
           had
           and
           used
           for
           the
           Countenance
           and
           Promotion
           of
           Traffick
           ,
           within
           their
           respective
           Territories
           .
        
         
           That
           Foreign
           Trade
           is
           of
           absolute
           necessity
           ,
           and
           infinite
           advantage
           to
           England
           ,
           is
           as
           apparent
           as
           that
           we
           are
           an
           Island
           peculiarly
           adapted
           ,
           and
           prepared
           for
           it
           by
           Nature
           her self
           ;
           insomuch
           that
           Shipping
           ,
           which
           at
           first
           was
           an
           Invention
           of
           the
           Deity
           ,
           for
           the
           Use
           of
           Noah
           and
           his
           Family
           ,
           seems
           a
           Blessing
           design'd
           ,
           most
           particularly
           for
           us
           ,
           to
           render
           us
           sociable
           with
           the
           Inhabitants
           of
           Foreign
           Countries
           ,
           that
           we
           might
           borrow
           of
           their
           Necessities
           ,
           and
           vent
           our
           own
           Superfluities
           to
           them
           instead
           ou
           't
           ;
           and
           so
           maintain
           a
           Correspondence
           with
           all
           the
           habitable
           World.
           
        
         
           That
           Foreign
           Commerce
           cannot
           be
           advantagiously
           maintained
           without
           Societies
           instituted
           for
           that
           purpose
           ,
           is
           sufficiently
           manifested
           to
           all
           considerate
           Men
           ,
           from
           the
           Policies
           of
           other
           Laws
           abroad
           ,
           which
           establish
           them
           ,
           and
           from
           the
           Provisions
           of
           our
           own
           ,
           which
           allow
           and
           protect
           them
           ,
           and
           from
           the
           necessity
           of
           the
           thing
           it self
           ,
           as
           appears
           by
           the
           vast
           Charge
           ,
           (
           in
           Intelligence
           ,
           Factors
           ,
           Castles
           ,
           Forts
           ,
           Men
           ,
           Arms
           ,
           &c.
           )
           
           and
           the
           wise
           Conduct
           requisite
           for
           the
           support
           of
           such
           a
           Commerce
           ,
           which
           without
           the
           united
           Aid
           of
           a
           considerable
           number
           of
           understanding
           Merchants
           ,
           upon
           a
           considerable
           Stock
           ;
           must
           necessarily
           be
           obnoxious
           to
           the
           growing
           Incroachments
           of
           neighbouring
           Countries
           ,
           (
           which
           use
           the
           Policy
           of
           setled
           Companies
           )
           and
           to
           the
           other
           mischievous
           Casualties
           ,
           that
           may
           daily
           happen
           through
           the
           Indiscretion
           and
           Rashness
           ,
           and
           other
           weakness
           in
           Stock
           or
           Conduct
           of
           particular
           individual
           Persons
           ,
           exercising
           such
           Traffick
           .
        
         
           As
           for
           the
           East-India
           Company
           ,
           they
           support
           the
           Crown
           by
           the
           incredible
           Customs
           ,
           which
           are
           yearly
           paid
           by
           it
           ;
           they
           bear
           a
           considerable
           Proportion
           of
           publick
           and
           necessary
           Subsidies
           ;
           they
           enrich
           the
           Nation
           by
           their
           Importations
           ;
           they
           Convert
           Infidels
           ,
           or
           at
           least
           civilize
           them
           ,
           and
           make
           them
           more
           humane
           by
           their
           Correspondencies
           ;
           they
           employ
           vast
           numbers
           of
           Poor
           People
           ;
           they
           negotiate
           vast
           Sums
           of
           private
           Persons
           Monies
           ,
           which
           would
           otherwise
           lie
           dead
           or
           useless
           :
           They
           educate
           and
           breed
           vast
           numbers
           of
           Sea
           men
           for
           the
           Services
           of
           War
           ;
           they
           build
           and
           employ
           Vessels
           of
           great
           Burden
           ,
           useful
           to
           the
           Crown
           and
           Publick
           upon
           emergent
           Occasions
           :
           Their
           Naval
           Force
           is
           part
           of
           the
           Defence
           of
           the
           Kingdom
           ;
           their
           Trading
           Fleet
           ,
           is
           both
           the
           Glory
           and
           Riches
           of
           the
           Nation
           ;
           they
           have
           improved
           and
           do
           maintain
           the
           Spirit
           of
           Commerce
           to
           that
           degree
           ,
           as
           preserves
           the
           Balance
           of
           Trade
           between
           us
           and
           our
           Neighbours
           in
           its
           just
           Proportions
           ;
           which
           Company
           ,
           were
           it
           dissolved
           ,
           their
           Trade
           and
           Strength
           would
           increase
           ,
           and
           ours
           decay
           ,
           and
           we
           should
           be
           reduced
           to
           our
           Primitive
           State
           of
           Self-subsistance
           ,
           and
           our
           Merchants
           ,
           (
           now
           the
           Pride
           of
           England
           ,
           and
           the
           Envy
           of
           the
           World
           )
           must
           become
           Domestick
           Pedlers
           ,
           for
           an
           home
           ignoble
           Traffick
           from
           Cities
           to
           Towns
           ,
           and
           from
           Towns
           to
           Villes
           ,
           
             &
             sic
             retrorsum
          
           :
           For
           these
           Reasons
           is
           the
           ensuing
           Argument
           published
           .
        
      
    
     
       
         
         
           THE
           ARGUMENT
           OF
           THE
           Lord
           Chief
           Justice
           Jeffreys
           ,
           Concerning
           the
           Great
           CASE
           of
           MONOPOLIES
           .
        
         
           
             
               
                 
                   PLEA
                   .
                
                 
                   I.
                   DEfendant
                   demands
                   Oyer
                   of
                   the
                   Letters
                   Patents
                   which
                   are
                   set
                   forth
                   
                     in
                     haec
                     verba
                  
                   .
                   In
                   which
                   (
                   as
                   it
                   hath
                   been
                   observed
                   )
                   the
                   penalty
                   of
                   Forfeiture
                   of
                   Ship
                   and
                   Goods
                   ,
                   one
                   moiety
                   to
                   the
                   King
                   ,
                   and
                   the
                   other
                   to
                   the
                   Company
                   ,
                   and
                   Imprisonment
                   is
                   omitted
                   .
                
                 
                   II.
                   There
                   is
                   also
                   a
                   Clause
                   ,
                   that
                   the
                   Company
                   may
                   License
                   Strangers
                   or
                   others
                   ,
                   and
                   that
                   the
                   King
                   will
                   not
                   without
                   the
                   consent
                   of
                   the
                   Company
                   give
                   Licences
                   ,
                   &c.
                   
                
                 
                   III.
                   That
                   none
                   shall
                   have
                   a
                   Vote
                   in
                   the
                   General
                   Assembly
                   but
                   he
                   that
                   hath
                   500
                   l.
                   Stock
                   .
                
                 
                   IV.
                   And
                   there
                   is
                   another
                   Clause
                   which
                   hath
                   not
                   been
                   mentioned
                   by
                   the
                   Councel
                   on
                   either
                   side
                   ,
                   that
                   if
                   it
                   should
                   hereafter
                   appear
                   to
                   his
                   Majesty
                   or
                   his
                   Successors
                   ,
                   that
                   that
                   Grant
                   or
                   the
                   continuance
                   thereof
                   shall
                   not
                   be
                   profitable
                   to
                   his
                   Majesty
                   ,
                   his
                   Heirs
                   and
                   Successours
                   ,
                   or
                   to
                   this
                   Realm
                   ,
                   that
                   after
                   three
                   years
                   warning
                   under
                   the
                   Privy
                   Seal
                   or
                   Sign
                   Manuel
                   ,
                   the
                   same
                   should
                   be
                   utterly
                   void
                   .
                
                 
                   For
                   Plea
                   ,
                   the
                   Defendant
                   says
                   by
                   an
                   Act
                   of
                   Parliament
                   made
                   15
                   E.
                   3.
                   
                   It
                   is
                   enacted
                   ,
                   that
                   the
                   Sea
                   shall
                   be
                   open
                   for
                   all
                   Merchants
                   to
                   pass
                   with
                   their
                   Merchandizes
                   where
                   they
                   please
                   ,
                   and
                   that
                   the
                   Defendant
                   by
                   vertue
                   of
                   that
                   Act
                   ,
                   and
                   according
                   to
                   the
                   Common
                   Law
                   of
                   England
                   did
                   Traffick
                   within
                   those
                   places
                   mentioned
                   in
                   the
                   Declaration
                   without
                   any
                   Licence
                   ,
                   and
                   against
                   the
                   will
                   of
                   the
                   Company
                   as
                   the
                   Plaintiffs
                   have
                   declared
                   
                     prout
                     ei
                     bene
                     licuit
                  
                   .
                
              
            
          
        
         
           
             Plaintiff
             Demurrs
          
           .
        
         
           In
           the
           debate
           of
           this
           Case
           at
           the
           Bar
           there
           were
           several
           matters
           discoursed
           of
           ,
           but
           at
           length
           by
           the
           consent
           of
           both
           sides
           ,
           as
           I
           apprehend
           ,
           the
           Case
           was
           resolved
           into
           these
           two
           Points
           .
        
         
           I.
           Whether
           these
           Letters
           Patents
           giving
           or
           granting
           Licence
           or
           Liberty
           to
           the
           Plaintiffs
           to
           exercise
           the
           sole
           Trade
           to
           the
           Indies
           within
           the
           limits
           of
           their
           Grant
           ,
           with
           prohibition
           to
           all
           others
           ,
           be
           good
           in
           Law.
           
        
         
           II.
           Admitting
           the
           Grant
           good
           ,
           whether
           this
           Action
           be
           maintainable
           for
           the
           Plaintiffs
           .
        
         
         
           Now
           to
           let
           me
           into
           the
           Debate
           of
           these
           two
           Points
           :
           I
           think
           not
           amiss
           to
           remember
           some
           things
           that
           have
           been
           mentioned
           by
           the
           Counsel
           that
           I
           think
           are
           no
           ways
           in
           Question
           .
        
         
           I.
           At
           this
           time
           I
           conceive
           therefore
           ,
           that
           whether
           the
           King
           may
           prohibit
           his
           Subjects
           from
           going
           beyond
           the
           Seas
           by
           Writ
           ,
           or
           otherwise
           ,
           by
           his
           absolute
           Prerogative
           without
           giving
           any
           reason
           ,
           is
           not
           the
           Question
           ,
           nor
           sure
           was
           it
           ever
           thought
           a
           Question
           till
           it
           was
           lately
           stirred
           at
           the
           Bar.
           For
           the
           Writ
           in
           
             Fitz.
             N.
             B.
          
           85.
           and
           the
           Register
           import
           no
           such
           thing
           ,
           and
           our
           Books
           say
           ,
           the
           Surmises
           mentioned
           in
           those
           Writs
           are
           not
           traversable
           :
           so
           is
           Dyer
           165.
           
           &
           296.
           for
           surely
           the
           King
           may
           restrain
           his
           Subjects
           from
           going
           beyond
           Sea
           ,
           and
           is
           not
           bound
           to
           give
           any
           reason
           for
           his
           so
           doing
           ;
           but
           that
           is
           not
           now
           in
           Question
           .
        
         
           II.
           In
           the
           next
           place
           ,
           I
           do
           not
           conceive
           there
           is
           any
           difference
           (
           tho
           much
           discourse
           hath
           been
           about
           Indians
           and
           Infidels
           )
           whether
           the
           East-Indies
           were
           at
           the
           time
           of
           the
           Grant
           of
           this
           Patent
           inhabited
           by
           Christians
           or
           Infidels
           ;
           tho
           by
           the
           way
           in
           the
           debating
           of
           this
           Case
           ,
           I
           shall
           shew
           ,
           perhaps
           that
           matter
           may
           in
           some
           measure
           affect
           the
           Defendant
           ,
           but
           will
           not
           at
           all
           affect
           the
           Grant
           to
           the
           Plaintiffs
           .
           So
           that
           I
           conceive
           that
           whether
           this
           Country
           or
           Place
           ,
           or
           any
           other
           be
           inhabited
           by
           Christians
           or
           Infidels
           that
           is
           not
           otherwise
           provided
           for
           by
           Act
           of
           Parliament
           ,
           will
           make
           but
           the
           same
           Question
           .
        
         
           III.
           Whether
           every
           Clause
           and
           Article
           in
           these
           Letters
           Patents
           ,
           viz.
           Touching
           forfeiture
           of
           Ship
           and
           Goods
           ,
           Imprisonments
           ,
           or
           divers
           other
           clauses
           contained
           in
           the
           Charter
           be
           legal
           or
           not
           ,
           is
           not
           now
           in
           question
           .
           For
           surely
           it
           would
           be
           hard
           to
           maintain
           them
           all
           ,
           and
           therefore
           the
           Plaintiffs
           Councel
           have
           avoided
           those
           Questions
           by
           bringing
           this
           Action
           ;
           and
           tho
           the
           Defendants
           Councel
           have
           mentioned
           them
           ,
           yet
           surely
           it
           was
           onely
           intended
           to
           fully
           the
           Cause
           ,
           and
           not
           that
           they
           thought
           them
           to
           affect
           the
           Question
           .
        
         
           IV.
           Nor
           is
           it
           the
           Question
           ,
           Whether
           by
           this
           Grant
           to
           the
           Plaintiffs
           the
           King
           has
           fettered
           or
           confined
           his
           Prerogative
           by
           putting
           in
           a
           Covenant
           to
           exclude
           himself
           from
           granting
           Licences
           to
           others
           of
           his
           Subjects
           to
           trade
           within
           the
           limits
           of
           the
           Plaintiffs
           Charter
           ;
           tho
           Mr.
           
           William's
           (
           always
           a
           friend
           to
           the
           Kings
           Prerogative
           )
           in
           tenderness
           and
           care
           thereof
           seemed
           to
           be
           surprised
           by
           the
           inconsiderate
           extravagancy
           of
           the
           Grant
           ,
           and
           would
           have
           us
           believe
           that
           he
           was
           afflicted
           with
           the
           dismal
           Consequences
           that
           must
           necessarily
           ensue
           by
           the
           King
           's
           parting
           with
           so
           great
           a
           Prerogative
           ,
           and
           that
           either
           by
           the
           advice
           ,
           consent
           ,
           or
           the
           inadvertency
           of
           his
           Attorney
           General
           and
           the
           rest
           of
           his
           Councel
           ,
           by
           having
           a
           greater
           regard
           to
           the
           
             East
             India
          
           Company
           for
           the
           sake
           of
           their
           Money
           than
           they
           had
           to
           the
           King
           in
           discharge
           of
           their
           duty
           .
           To
           acquit
           them
           and
           us
           therefore
           of
           that
           Dilemma
           ,
           I
           am
           of
           opinion
           ,
           though
           it
           makes
           nothing
           to
           the
           question
           that
           is
           now
           before
           us
           :
           The
           King
           may
           grant
           Licences
           to
           any
           of
           his
           Subjects
           to
           trade
           to
           the
           Indies
           notwithstanding
           the
           Charter
           or
           any
           Article
           ,
           Clause
           or
           Condition
           therein
           contained
           to
           the
           contrary
           ,
           and
           notwithstanding
           any
           Caution
           or
           advertisement
           that
           in
           his
           argument
           he
           gave
           to
           the
           King
           ,
           or
           his
           reflection
           that
           he
           made
           upon
           his
           Councel
           either
           for
           their
           ignorance
           or
           hasly
           inadvertency
           in
           the
           passing
           of
           that
           Grant
           ;
           and
           I
           am
           the
           rather
           induced
           to
           be
           of
           that
           persuasion
           ,
           for
           that
           the
           most
           learned
           of
           our
           Profession
           whose
           Opinions
           have
           been
           quoted
           by
           him
           and
           others
           that
           have
           argued
           on
           the
           Defendants
           
           side
           were
           then
           of
           the
           Kings
           Councel
           ,
           and
           were
           privy
           to
           ,
           and
           advised
           both
           these
           Letters
           Patents
           and
           all
           others
           of
           the
           like
           nature
           that
           have
           been
           granted
           for
           these
           hundred
           years
           last
           past
           .
           I
           therefore
           think
           fit
           to
           say
           ,
           that
           I
           believe
           Mr.
           Attorney
           General
           ,
           and
           the
           rest
           of
           the
           King's
           Councel
           have
           discharged
           their
           Duty
           as
           well
           to
           the
           King
           ,
           by
           maintaining
           of
           this
           Grant
           ,
           as
           Mr.
           Williams
           has
           in
           this
           instance
           manifested
           his
           Loyalty
           by
           endeavouring
           to
           destroy
           it
           .
           In
           short
           therefore
           ,
           as
           I
           said
           before
           ,
           every
           Clause
           in
           this
           Charter
           is
           not
           to
           be
           maintained
           ,
           and
           therefore
           is
           not
           to
           affect
           the
           Question
           now
           to
           be
           determined
           .
        
         
           V.
           Whereas
           it
           has
           been
           objected
           ,
           that
           tho
           upon
           the
           Pleadings
           it
           is
           agreed
           ,
           that
           the
           Defendant
           never
           was
           a
           Member
           of
           the
           East-India
           Company
           ,
           nor
           had
           any
           Licence
           from
           them
           to
           trade
           to
           the
           Indies
           ,
           yet
           he
           might
           have
           a
           Licence
           from
           the
           King
           ,
           which
           ,
           as
           I
           conceive
           ,
           the
           King
           is
           not
           debarred
           to
           grant
           by
           any
           Clause
           in
           the
           Letters
           Patents
           ;
           yet
           I
           am
           of
           opinion
           ,
           that
           if
           the
           Defendant
           had
           any
           such
           License
           ,
           it
           ought
           to
           have
           been
           shewn
           on
           his
           part
           ,
           which
           not
           being
           done
           ,
           it
           ought
           to
           be
           taken
           by
           us
           ,
           as
           I
           believe
           the
           truth
           of
           the
           Fact
           is
           ,
           the
           Defendant
           never
           had
           any
           such
           Licence
           .
        
         
           VI.
           It
           was
           observed
           ,
           that
           the
           Plaintiffs
           in
           their
           Declaration
           had
           alledged
           ,
           that
           this
           Trade
           could
           not
           be
           managed
           but
           
             per
             hujusmodi
             Corpus
             Corporatum
          
           ;
           and
           by
           this
           means
           they
           had
           excluded
           the
           King
           from
           Constituting
           any
           more
           Companies
           to
           trade
           within
           their
           Limits
           ,
           tho
           perhaps
           the
           advantage
           of
           this
           Kingdom
           might
           hereafter
           require
           it
           :
           Nay
           ,
           tho
           the
           Indians
           might
           desire
           a
           further
           Treaty
           of
           Commerce
           ,
           or
           that
           the
           Trade
           of
           these
           places
           might
           require
           more
           Companies
           to
           be
           erected
           ;
           yet
           say
           they
           ,
           this
           Grant
           hath
           made
           the
           Plaintiffs
           a
           mere
           Republick
           ,
           and
           thereby
           has
           altered
           the
           Constitution
           of
           England
           in
           the
           management
           of
           Trade
           by
           Common-wealths
           ,
           by
           placing
           it
           in
           Companies
           ,
           who
           (
           were
           they
           Independant
           upon
           the
           Crown
           )
           are
           truly
           so
           called
           .
           Yet
           in
           as
           much
           as
           I
           did
           before
           observe
           ,
           that
           the
           King
           is
           not
           by
           this
           Grant
           either
           excluded
           from
           making
           any
           new
           Treaties
           with
           the
           Indians
           ,
           or
           from
           making
           any
           Corporations
           or
           granting
           any
           other
           Licences
           to
           any
           of
           the
           rest
           of
           his
           Subjects
           ,
           notwithstanding
           any
           of
           the
           Clauses
           in
           the
           Charter
           :
           So
           I
           am
           of
           opinion
           ,
           that
           that
           Objection
           also
           does
           not
           affect
           the
           Question
           now
           to
           be
           determined
           ,
           and
           for
           that
           reason
           amongst
           others
           ,
           I
           thought
           it
           not
           improper
           to
           mention
           that
           Clause
           in
           the
           Charter
           that
           was
           omitted
           at
           the
           Bar
           ,
           which
           the
           King
           has
           annexed
           as
           a
           Condition
           to
           his
           Grant
           ,
           that
           if
           it
           should
           hereafter
           appear
           to
           his
           Majesty
           or
           his
           Successors
           ,
           that
           that
           Grant
           or
           the
           continuance
           thereof
           in
           the
           whole
           or
           in
           any
           part
           ,
           should
           not
           be
           profitable
           to
           his
           Majesty
           ,
           his
           Heirs
           and
           his
           Successors
           ,
           or
           to
           this
           Realm
           ,
           that
           after
           three
           years
           warning
           by
           War
           ,
           under
           the
           Kings
           Seal
           or
           Sign
           Manual
           ,
           should
           be
           made
           utterly
           void
           .
           So
           that
           it
           appearing
           that
           the
           King
           hath
           neither
           divested
           himself
           of
           the
           power
           ,
           nor
           at
           the
           time
           of
           the
           Grant
           did
           design
           to
           be
           prevented
           to
           shew
           his
           inclination
           for
           the
           promoting
           of
           the
           advantage
           of
           his
           Kingdom
           ,
           has
           given
           himself
           scope
           enough
           to
           obviate
           all
           those
           Emergencies
           .
           Yet
           by
           the
           way
           I
           cannot
           but
           observe
           ,
           that
           Mr.
           Williams
           to
           shew
           his
           dislike
           to
           a
           Commonwealth
           ,
           declared
           it
           to
           be
           absolutely
           opposite
           to
           the
           interest
           of
           a
           Single
           Person
           ,
           but
           the
           Single
           Person
           he
           concerned
           himself
           for
           was
           not
           the
           King
           and
           his
           Prerogative
           ,
           but
           his
           Client
           the
           Defendant
           ,
           and
           his
           Trade
           ,
           who
           tho
           I
           cannot
           in
           propriety
           of
           Speech
           call
           a
           Commonwealth
           ;
           yet
           I
           cannot
           
           but
           think
           this
           opposition
           of
           his
           seems
           to
           proceed
           from
           a
           Republican
           Principle
           ;
           for
           he
           by
           his
           Interloping
           has
           been
           the
           first
           Subject
           that
           within
           this
           Kingdom
           for
           near
           an
           hundred
           years
           last
           past
           ,
           hath
           in
           
           Westminster-Hall
           publickly
           opposed
           himself
           against
           the
           King's
           undoubted
           Prerogative
           in
           the
           Grant
           now
           before
           us
           ;
           and
           I
           hope
           by
           this
           Example
           the
           rest
           of
           his
           Majesties
           Subjects
           will
           be
           deterred
           from
           the
           like
           disobedience
           .
        
         
           There
           were
           some
           other
           superfluous
           Objections
           made
           against
           the
           Clauses
           in
           the
           Charter
           ,
           and
           against
           the
           Formality
           of
           the
           Pleadings
           ,
           which
           I
           think
           not
           necessary
           to
           remember
           ,
           and
           therefore
           having
           thus
           premised
           ,
           I
           shall
           now
           descend
           to
           those
           Points
           I
           think
           only
           material
           in
           this
           Cause
           .
        
         
           I.
           The
           first
           and
           great
           Point
           in
           this
           Cause
           ,
           is
           ,
           Whether
           this
           Grant
           of
           the
           sole
           Trade
           to
           the
           Indies
           ,
           to
           the
           East-India
           Company
           exclusive
           of
           all
           others
           ,
           be
           a
           good
           Grant
           in
           Law
           or
           not
           ,
           and
           I
           am
           of
           opinion
           it
           is
           ,
           and
           by
           the
           way
           I
           cannot
           but
           make
           the
           same
           remark
           in
           this
           Case
           as
           my
           Lord
           Chief
           Baron
           Flemming
           made
           in
           the
           great
           Case
           of
           Bates
           in
           the
           
             Exchequer
             ,
             Lane
          
           ,
           fol.
           27.
           that
           it
           is
           a
           great
           Grace
           and
           Eminent
           Act
           of
           condescension
           in
           the
           King
           to
           this
           Defendant
           ,
           that
           he
           does
           permit
           this
           great
           Point
           of
           his
           Prerogative
           to
           be
           disputed
           in
           
           Westminster-Hall
           ;
           but
           by
           this
           he
           does
           sufficiently
           signifie
           to
           all
           his
           Subjects
           ,
           that
           he
           will
           persist
           in
           nothing
           ,
           though
           it
           seem
           never
           so
           much
           for
           his
           advantage
           ,
           but
           according
           to
           the
           Laws
           of
           the
           Land.
           I
           shall
           therefore
           endeavour
           to
           make
           it
           appear
           that
           he
           is
           invested
           with
           this
           Prerogative
           by
           the
           Law
           of
           this
           Nation
           ;
           But
           by
           the
           Law
           I
           do
           not
           only
           mean
           the
           customary
           Common
           Law
           or
           Statutes
           of
           this
           Realm
           which
           are
           Native
           and
           peculiar
           to
           this
           Nation
           ,
           which
           as
           Mr.
           Attorney
           well
           observed
           are
           not
           adapted
           to
           this
           purpose
           .
           But
           such
           other
           Laws
           also
           as
           be
           common
           to
           other
           Nations
           as
           well
           as
           ours
           ,
           and
           have
           been
           received
           and
           used
           time
           out
           of
           mind
           by
           the
           King
           and
           people
           of
           England
           in
           divers
           Cases
           ,
           and
           by
           such
           antient
           Usage
           are
           become
           the
           Laws
           of
           England
           in
           those
           Cases
           ;
           namely
           ,
           the
           General
           Law
           of
           Nations
           ,
           the
           Law-Merchant
           ,
           the
           Imperial
           or
           Civil
           Law
           ,
           every
           of
           which
           Laws
           so
           far
           forth
           as
           the
           same
           have
           been
           received
           and
           used
           in
           England
           time
           out
           of
           mind
           ,
           may
           be
           properly
           said
           to
           be
           the
           Laws
           of
           England
           .
        
         
           And
           for
           the
           better
           communicating
           my
           Thoughts
           upon
           this
           Subject
           ,
           I
           will
           proceed
           by
           these
           Steps
           :
        
         
           1.
           
           I
           will
           very
           briefly
           consider
           of
           the
           Inland
           Trade
           within
           this
           Kingdom
           ,
           and
           the
           Forein
           Trade
           with
           other
           Nations
           ,
           and
           therein
           observe
           that
           the
           King's
           Prerogative
           is
           concerned
           in
           both
           ,
           and
           that
           there
           is
           a
           great
           difference
           between
           both
           allowed
           by
           the
           Municipal
           Laws
           of
           this
           Kingdom
           .
        
         
           2.
           
           I
           shall
           shew
           that
           the
           Liberty
           of
           Forein
           Trade
           may
           be
           restrained
           .
        
         
           3.
           
           That
           Forein
           Trade
           and
           Commerce
           being
           introduced
           by
           the
           Law
           of
           Nations
           ,
           ought
           to
           be
           governed
           and
           judged
           according
           to
           those
           Laws
           .
        
         
           4.
           
           That
           by
           the
           Laws
           of
           Nations
           the
           Regulation
           and
           restraint
           of
           Trade
           and
           Commerce
           is
           reckoned
           
             Inter
             Juris
             Regalia
          
           ,
           i.
           e.
           the
           Prerogative
           of
           the
           Supream
           Magistrate
           .
        
         
           5.
           
           That
           though
           by
           the
           Laws
           of
           this
           Land
           ,
           and
           by
           the
           Laws
           of
           all
           other
           Nations
           ,
           Monopolies
           are
           prohibited
           ,
           yet
           Societies
           to
           trade
           ,
           such
           as
           the
           Plaintiffs
           ,
           to
           certain
           places
           exclusive
           of
           others
           ,
           are
           no
           Monopolies
           by
           the
           Laws
           of
           this
           Land
           ,
           but
           are
           allowed
           to
           be
           erected
           both
           
           here
           and
           in
           other
           Countreys
           ,
           and
           are
           strengthened
           by
           the
           usage
           and
           practice
           of
           both
           ,
           in
           all
           times
           .
        
         
           6.
           
           I
           shall
           shew
           the
           Authorities
           that
           are
           extant
           in
           our
           Books
           ,
           together
           with
           such
           Presidents
           ,
           Reasons
           both
           publick
           and
           politick
           ;
           for
           as
           my
           Lord
           Fleming
           says
           ,
           that
           such
           Reasons
           are
           good
           directions
           for
           our
           judgments
           in
           such
           Cases
           as
           these
           ;
           being
           demonstrations
           of
           the
           course
           of
           Antiquity
           ;
           and
           therein
           also
           observe
           the
           necessity
           and
           advantage
           of
           such
           Societies
           ,
           and
           by
           the
           way
           endeavour
           to
           answer
           the
           several
           Acts
           of
           Parliaments
           ,
           Presidents
           and
           Authorities
           ,
           with
           all
           other
           the
           objections
           that
           have
           been
           made
           against
           my
           Conclusion
           .
        
         
           1.
           
           First
           then
           ,
           to
           consider
           the
           difference
           between
           the
           Inland
           and
           the
           Forein
           Trade
           allowed
           of
           in
           our
           Books
           ,
           and
           that
           the
           King's
           Prerogative
           doth
           affect
           both
           .
           As
           to
           Manufactures
           under
           which
           all
           sorts
           of
           Artificers
           are
           concerned
           ,
           I
           think
           they
           remain
           with
           the
           most
           Liberty
           by
           the
           Common
           Law
           ;
           and
           as
           Mr.
           Attourney
           observed
           ,
           the
           Publick-weal
           is
           little
           concerned
           therein
           ,
           only
           to
           preserve
           every
           one
           in
           the
           quiet
           enjoyment
           of
           the
           fruits
           of
           his
           own
           labour
           and
           industry
           ,
           yet
           even
           in
           that
           the
           King's
           Prerogative
           hath
           not
           been
           totally
           excluded
           ;
           for
           as
           it
           is
           taken
           notice
           of
           in
           our
           Books
           ,
           that
           all
           things
           that
           are
           this
           day
           enjoyed
           by
           Custome
           or
           Prescription
           ,
           had
           their
           Commencement
           by
           Royal
           Grant
           ,
           and
           by
           that
           means
           no
           Artificer
           within
           the
           City
           of
           London
           can
           at
           this
           day
           use
           two
           Trades
           ,
           
             i.
             e
          
           ,
           a
           Carpenter
           cannot
           use
           the
           Trade
           of
           a
           Joyner
           ,
           or
           a
           Bricklayer
           of
           a
           Plaisterer
           .
        
         
           2.
           
           As
           to
           the
           Trade
           of
           Merchandize
           or
           Inland
           Commerce
           generally
           speaking
           ,
           it
           had
           the
           next
           Freedom
           by
           the
           Common
           Law
           ,
           but
           was
           subject
           nevertheless
           to
           be
           limited
           or
           restrained
           by
           the
           King's
           Prerogative
           in
           several
           particulars
           .
           As
           for
           instance
           ,
           to
           prevent
           all
           forestalling
           and
           ingrossing
           .
        
         
           So
           Mr.
           Attorney
           did
           well
           observe
           ,
           that
           numbers
           of
           people
           could
           not
           meet
           to
           traffick
           or
           Merchandize
           without
           being
           in
           danger
           of
           being
           punished
           as
           unlawful
           Assemblies
           ,
           the
           Crown
           therefore
           granted
           the
           liberties
           of
           Fairs
           and
           Markets
           for
           the
           sake
           of
           Commerce
           and
           Trade
           ;
           all
           which
           did
           originally
           proceed
           from
           the
           Crown
           ,
           and
           therefore
           by
           abusing
           those
           liberties
           may
           still
           be
           forfeited
           to
           the
           Crown
           ;
           and
           passing
           by
           all
           other
           instances
           ,
           I
           shall
           only
           instance
           one
           taken
           notice
           of
           in
           our
           Books
           ,
           which
           well
           considered
           may
           go
           a
           great
           way
           in
           the
           Case
           at
           the
           Bar
           ▪
           Register
           ,
           fol.
           107.
           
        
         
           The
           King
           grants
           to
           the
           Abbot
           of
           Westminster
           and
           his
           Successours
           ,
           that
           they
           should
           hold
           a
           Fair
           at
           Westminster
           thirty
           odd
           days
           together
           ,
           with
           a
           prohibition
           that
           no
           Man
           should
           buy
           or
           fell
           within
           seven
           Miles
           of
           that
           Fair
           during
           that
           time
           ,
           and
           the
           King
           does
           there
           command
           the
           Sheriffs
           of
           London
           by
           his
           Writ
           to
           seize
           the
           body
           of
           an
           Inhabitant
           of
           Salisbury
           for
           selling
           Cloaths
           in
           London
           within
           the
           time
           of
           the
           Fair
           :
           Now
           here
           is
           a
           Charter
           granted
           to
           a
           particular
           Person
           exclusive
           of
           others
           ,
           for
           a
           time
           subject
           to
           more
           Objections
           than
           the
           Charter
           now
           in
           Question
           ,
           yet
           approved
           of
           by
           our
           Books
           .
        
         
           Hence
           it
           came
           that
           Corporations
           were
           erected
           ,
           and
           Trade
           confined
           to
           Places
           and
           Persons
           exclusive
           of
           others
           ;
           for
           all
           such
           came
           originally
           from
           the
           Crown
           ,
           and
           as
           I
           said
           before
           in
           the
           Case
           of
           Fai●s
           ,
           so
           I
           may
           now
           say
           in
           the
           Case
           of
           Corporations
           ,
           that
           though
           they
           claim
           Liberties
           and
           Privileges
           by
           prescription
           :
           yet
           these
           originally
           proceeded
           from
           the
           Crown
           ,
           and
           are
           therefore
           forfeitable
           to
           the
           
           Crown
           ,
           an
           Eminent
           instance
           hereof
           is
           that
           great
           Case
           of
           the
           City
           of
           London
           for
           abusing
           their
           Liberties
           ,
           which
           they
           claimed
           by
           prescription
           confirmed
           by
           divers
           Charters
           and
           Acts
           of
           Parliament
           by
           Judgment
           of
           this
           Court
           ,
           their
           Liberties
           and
           Franchises
           were
           seized
           into
           the
           King's
           Hands
           ,
           and
           therefore
           remain
           as
           a
           Vill
           to
           all
           intents
           and
           purposes
           till
           his
           Majesty
           shall
           be
           pleased
           of
           his
           Bounty
           to
           restore
           them
           .
        
         
           Now
           that
           the
           Inland
           Traffick
           is
           most
           concerned
           either
           in
           Corporations
           ,
           Markets
           or
           Fairs
           which
           all
           proceeds
           from
           the
           Crown
           ,
           does
           plainly
           evince
           that
           the
           King's
           Prerogative
           has
           a
           more
           immediate
           influence
           over
           Dealings
           in
           Merchandizes
           than
           it
           has
           over
           other
           Mechanick
           Crafts
           and
           Mysteries
           ;
           and
           that
           as
           Mr.
           Attorney
           did
           well
           observe
           to
           prevent
           Frauds
           ,
           Deceits
           and
           other
           abuses
           either
           in
           Weight
           ,
           Measures
           ,
           or
           otherwise
           ,
           which
           would
           certainly
           interrupt
           such
           Commerce
           ;
           but
           our
           Law
           goes
           yet
           a
           Step
           further
           ,
           and
           allows
           further
           difference
           between
           Inland
           Merchandize
           and
           Forein
           ,
           and
           allows
           a
           different
           way
           of
           determining
           Controversies
           that
           arise
           thereupon
           ,
           the
           Common
           Law
           and
           Statutes
           of
           this
           Realm
           allowing
           the
           Law-Merchant
           ,
           which
           is
           part
           of
           the
           Law
           of
           Nations
           ,
           should
           decide
           such
           Controversies
           to
           .
           
             Decimo
             tertio
             H.
             4.
             fol.
          
           19.
           a
           Complaint
           made
           to
           the
           King
           and
           Council
           of
           some
           goods
           taken
           away
           from
           a
           Merchant
           ;
           it
           was
           moved
           in
           that
           Case
           ,
           that
           the
           matter
           might
           be
           determined
           at
           the
           Common
           Law
           ,
           but
           the
           Lord
           Chancellour
           said
           ,
           that
           the
           Suit
           being
           brought
           by
           a
           Merchant
           who
           is
           not
           bound
           to
           sue
           according
           to
           the
           Common
           Law
           to
           have
           his
           Cause
           tried
           by
           twelve
           Men
           ,
           and
           to
           observe
           the
           other
           Solemnities
           of
           our
           Law
           ,
           but
           shall
           sue
           in
           Chancery
           according
           to
           the
           Law
           of
           Nature
           ,
           which
           is
           the
           Universal
           Law
           of
           the
           World.
           And
           it
           is
           in
           that
           Case
           agreed
           by
           all
           the
           Judges
           ,
           that
           if
           Forein
           Merchandize
           were
           stoln
           or
           waived
           ,
           they
           could
           not
           be
           seized
           as
           other
           England
           Merchandizes
           might
           be
           by
           the
           Rules
           of
           the
           Common
           Law
           ,
           as
           Waifs
           and
           Strays
           ,
           which
           shews
           plainly
           there
           is
           a
           difference
           in
           the
           consideration
           of
           our
           Law
           between
           forein
           Merchandizes
           that
           cross
           the
           Seas
           ,
           and
           other
           Inland
           Goods
           and
           Commodities
           .
           If
           two
           Merchants
           be
           Partners
           in
           Merchandizes
           ,
           one
           shall
           have
           an
           Action
           of
           Accompt
           against
           the
           other
           
             secundum
             Legem
             Mercatoriam
          
           ,
           says
           the
           Register
           ,
           fol.
           135.
           and
           
             F.
             N.
             B.
             117.
             
             D.
          
           and
           yet
           by
           the
           Rule
           of
           the
           Common
           Law
           ,
           if
           two
           Men
           be
           jointly
           possessed
           of
           other
           Goods
           which
           are
           no
           Merchandize
           ,
           the
           one
           cannot
           bring
           an
           Action
           of
           Accompt
           against
           the
           other
           ,
           if
           one
           of
           the
           Merchants
           dies
           ,
           the
           Executor
           may
           bring
           his
           Accompt
           against
           the
           Surviver
           for
           his
           moiety
           .
           
             Reg.
             135.
             
             F.
             N.
             B.
          
           117.
           but
           if
           it
           were
           a
           Copartnership
           for
           other
           Goods
           ,
           it
           would
           survive
           
             per
             Jus
             accrescendi
          
           according
           to
           the
           Rules
           of
           the
           Common-Law
           .
        
         
           In
           an
           Action
           of
           Debt
           upon
           a
           Simple
           Contract
           ,
           the
           Defendant
           may
           wage
           his
           Law
           ,
           but
           it
           is
           otherwise
           in
           a
           Contract
           about
           Merchandize
           in
           
           Lanes's
           Reports
           ,
           
           Bates's
           Case
           agreed
           ,
           
             Reg.
             260.
             A.
          
           At
           Common
           Law
           ,
           the
           Goods
           of
           Ecclesiastical
           Persons
           were
           excused
           from
           Toll
           ;
           but
           says
           the
           Writ
           
             dum
             tamen
             Merchandizas
             aliquas
             non
             exercitat
             de
             iisdem
             ,
          
           it
           shews
           that
           then
           they
           fall
           under
           another
           consideration
           ;
           if
           one
           Man
           wrongs
           another
           Man
           of
           his
           goods
           ,
           here
           an
           Action
           of
           Trespass
           will
           lie
           ;
           but
           if
           a
           Merchants
           goods
           be
           taken
           upon
           or
           beyond
           the
           Seas
           ,
           there
           must
           be
           a
           Writ
           of
           Reprizal
           to
           obtain
           Satisfaction
           ,
           the
           Parliament
           Roll
           ,
           3
           
             Ed.
             1.
             
             M.
             19.
             in
             Archivis
             Turris
             Londini
             ,
          
           where
           the
           Bayliffs
           of
           Southampton
           are
           commanded
           by
           Writ
           ,
           
             quod
             omnes
             Mercatores
             Leodienses
             ad
             partes
             Angliae
             
             accidentes
             per
             bona
             &
             Catalla
             sua
             distringantur
             secundum
             Legem
             Mercatoriam
             &
             Consuetudinem
             regni
             ad
             satisfaciendum
             Mercatoribus
             Florentinis
             ,
          
           &c.
           
           Where
           by
           the
           way
           observe
           ,
           that
           
             Lex
             Mercatoria
          
           ,
           which
           differs
           from
           the
           ordinary
           Common
           Law
           ,
           is
           said
           to
           be
           
             Consuetudo
             regni
             Angliae
          
           ,
           by
           which
           we
           may
           observe
           ,
           that
           Forein
           Merchandizes
           and
           Traders
           differ
           from
           others
           in
           the
           Eye
           of
           Law
           ,
           even
           by
           the
           allowance
           of
           the
           Common
           Law
           it self
           .
        
         
           Several
           Acts
           of
           Parliament
           have
           been
           also
           made
           for
           the
           more
           speedy
           Recovery
           of
           Debts
           contracted
           for
           Merchandizes
           ,
           as
           the
           Statute
           of
           Action
           Burnel
           ,
           the
           Statute
           
             de
             Mercatoribus
          
           ,
           and
           the
           Statute
           
             Vicesimo
             Septimo
             ,
             Ed.
             3.
             
             Cap.
          
           2.
           
           Amongst
           other
           things
           it
           is
           enacted
           ,
           That
           for
           Merchandizes
           taken
           away
           ,
           the
           Party
           shall
           be
           arrested
           ,
           and
           speedy
           and
           ready
           Process
           shall
           be
           against
           him
           from
           day
           to
           day
           ,
           and
           from
           hour
           to
           hour
           according
           to
           the
           Law-Merchant
           ,
           and
           not
           at
           the
           Common
           Law.
           So
           the
           Statute
           for
           erecting
           the
           Court
           of
           Ensurance
           designed
           for
           the
           speedy
           ease
           of
           Merchants
           ,
           has
           left
           the
           determination
           according
           to
           the
           Law
           of
           Merchants
           ,
           and
           therefore
           hath
           ordered
           the
           Judg
           of
           the
           Admiralty's
           Court
           always
           to
           preside
           in
           those
           Commissions
           :
           by
           all
           which
           I
           think
           I
           may
           fairly
           conclude
           there
           is
           a
           great
           difference
           allowed
           of
           between
           the
           Inland
           and
           Forein
           Commerce
           ;
           and
           that
           ,
        
         
           II.
           I
           shall
           endeavour
           to
           prove
           that
           the
           Liberty
           of
           Forein
           Trade
           may
           be
           restrained
           .
        
         
           And
           here
           I
           must
           premise
           ,
           that
           as
           at
           first
           all
           Things
           were
           promiscuously
           common
           and
           undivided
           to
           all
           ,
           so
           the
           free
           Exercise
           of
           this
           Universal
           Right
           was
           then
           instead
           of
           Property
           ;
           but
           as
           soon
           as
           the
           number
           of
           men
           increased
           ,
           and
           they
           found
           by
           experience
           the
           inconveniency
           of
           holding
           all
           things
           in
           common
           ,
           things
           were
           reduced
           into
           Property
           by
           agreement
           and
           Compact
           ,
           either
           Express
           as
           by
           Partition
           ,
           or
           implied
           by
           
             Primier
             Occupancy
          
           .
        
         
           After
           this
           Government
           was
           established
           ,
           and
           Laws
           were
           made
           even
           for
           the
           ordering
           those
           things
           to
           which
           no
           man
           had
           any
           Right
           .
           As
           for
           Example
           ,
           Deserts
           ,
           Places
           uninhabited
           ,
           Islands
           in
           the
           Seas
           ,
           Wild
           Beasts
           ,
           Fishes
           and
           Birds
           ,
           the
           former
           were
           usually
           gained
           and
           disposed
           of
           by
           him
           that
           had
           the
           Sovereignty
           over
           the
           People
           ;
           the
           latter
           by
           him
           that
           had
           the
           Dominion
           over
           the
           Lands
           and
           Waters
           ,
           who
           might
           forbid
           all
           others
           from
           Hunting
           ,
           Fishing
           ,
           &c.
           
        
         
           And
           in
           Vertue
           of
           this
           Universal
           Law
           ,
           his
           Majesty
           and
           his
           Predecessors
           have
           always
           disposed
           of
           the
           several
           Plantations
           abroad
           that
           have
           been
           discovered
           or
           gained
           by
           any
           of
           their
           Subjects
           ,
           and
           may
           do
           for
           the
           future
           in
           case
           any
           other
           be
           discovered
           and
           acquired
           .
           For
           tho
           the
           Laws
           of
           Nations
           can
           command
           nothing
           which
           the
           Law
           of
           Nature
           forbids
           :
           yet
           they
           may
           bound
           and
           circumscribe
           that
           which
           the
           Law
           of
           Nature
           leaves
           free
           ,
           and
           forbid
           that
           which
           naturally
           may
           be
           lawful
           .
           Now
           to
           apply
           this
           to
           our
           present
           purpose
           of
           Trade
           and
           Commerce
           ,
           Mr.
           Williams
           quoted
           that
           common
           saying
           ,
           
             Commercia
             debent
             esse
             libera
          
           ,
           from
           whence
           he
           infers
           ,
           that
           by
           the
           Law
           of
           Nature
           and
           Nations
           ,
           the
           Sea
           and
           Trade
           ,
           and
           Traffick
           ought
           to
           be
           free
           as
           the
           Air
           ,
           and
           for
           that
           he
           has
           cited
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             ,
             Cap.
             3.
             
             Wellwoods
          
           Abridgment
           of
           Sea-Laws
           ,
           in
           his
           Epistle
           to
           the
           Lord
           Admiral
           ;
           
             Grotius
             de
             Mari
             libero
          
           ,
           where
           he
           says
           ,
           
             Mare
             &
             Littora
             Maris
             Jure
             Gentium
             sunt
             communia
             .
             Britton
             ,
             Cap.
             33.
             
             De
             perchase
             le
             mere
             &
             le
             air
             sunt
             thores
             Common
             .
          
           Sir
           
             John
             Burrough
          
           
           his
           Sovereignty
           of
           the
           Seas
           .
           
             Baldus
             de
             rerum
             Dominiis
          
           .
           But
           I
           think
           none
           of
           those
           Books
           can
           warrant
           his
           conclusion
           ,
           for
           surely
           that
           Expression
           
             Commercia
             sunt
             libera
          
           ,
           cannot
           possibly
           be
           understood
           in
           such
           a
           literal
           sense
           ,
           that
           every
           man
           in
           every
           Nation
           should
           be
           at
           liberty
           to
           trade
           either
           in
           what
           Commodities
           ,
           or
           to
           what
           place
           or
           at
           what
           time
           soever
           he
           shall
           think
           fit
           ;
           for
           I
           took
           it
           to
           be
           granted
           by
           all
           that
           argued
           for
           the
           Defendants
           ,
           that
           Trade
           and
           Commerce
           must
           be
           subject
           to
           some
           Laws
           ;
           and
           Grotius
           in
           his
           Book
           
             de
             Mari
             libero
          
           ,
           proposes
           this
           main
           design
           to
           prove
           ,
           that
           any
           one
           Nation
           had
           not
           power
           to
           hinder
           another
           Nation
           from
           free
           Commerce
           ,
           and
           that
           the
           Spaniards
           therefore
           had
           no
           right
           to
           prohibit
           the
           Dutch
           from
           trading
           into
           such
           part
           of
           Indies
           whereof
           the
           Spaniards
           were
           not
           possessed
           ,
           upon
           pretence
           that
           they
           had
           the
           Dominion
           of
           those
           Seas
           ,
           
             Inter
             Nos
             &
             Hispanos
          
           ,
           says
           he
           ,
           
             heac
             Controversia
             est
             ,
             sitne
             immensum
             &
             vastum
             Mare
             regni
             unius
             nec
             maritimi
             accessio
             ?
             Populóne
             unquam
             jus
             sit
             volentes
             populos
             prohibere
             ne
             vendant
             ,
             ne
             permutent
             ,
             ne
             denique
             commeent
             inter
             sese
          
           ;
           and
           for
           the
           benefit
           of
           his
           Countrymen
           he
           doth
           therefore
           assert
           ,
           
             licere
             cuivis
             genti
             quamvis
             alteram
             adire
             cumque
             ea
             negotiare
             ,
          
           which
           ,
           taking
           that
           to
           be
           true
           which
           by
           the
           Law
           of
           Nations
           is
           certainly
           otherwise
           :
           yet
           nothing
           can
           be
           inferred
           from
           thence
           but
           onely
           the
           Question
           of
           Commerce
           between
           one
           Nation
           and
           another
           ,
           and
           how
           that
           was
           before
           Leagues
           and
           Treaties
           were
           made
           ,
           little
           may
           perhaps
           be
           found
           ,
           as
           Mr.
           Attorney
           well
           observed
           ,
           besides
           the
           Laws
           of
           Hospitality
           ,
           which
           do
           not
           give
           any
           Demandable
           Right
           ;
           but
           surely
           Grotius
           there
           hath
           no
           particular
           respect
           to
           particular
           Subjects
           of
           this
           or
           any
           other
           Nation
           ,
           how
           far
           the
           Supream
           Power
           of
           any
           Nation
           may
           erect
           a
           Society
           of
           Trade
           to
           a
           certain
           place
           ,
           and
           for
           certain
           Commodities
           exclusive
           of
           all
           other
           Subjects
           of
           their
           own
           .
        
         
           And
           that
           plainly
           appears
           both
           from
           the
           Scope
           of
           his
           Book
           ,
           as
           also
           for
           that
           for
           several
           Years
           both
           before
           and
           at
           the
           Time
           of
           publishing
           that
           Treatise
           ,
           the
           
             Dutch
             East-India
          
           Company
           was
           established
           ,
           which
           I
           shall
           have
           farther
           occasion
           to
           discourse
           of
           by
           and
           by
           .
           As
           for
           
           Welwood's
           Epistle
           ,
           I
           have
           seldom
           observed
           that
           Epistles
           have
           been
           cited
           in
           Westminster-Hall
           as
           Authorities
           :
           yet
           supposing
           it
           to
           be
           so
           ,
           that
           all
           loyal
           Subjects
           shall
           have
           their
           Petition
           granted
           to
           Safety
           and
           Security
           in
           their
           Trade
           ;
           I
           suppose
           Welwood
           little
           dreamt
           of
           Interlopers
           ,
           when
           he
           talked
           of
           loyal
           Subjects
           ,
           if
           it
           can
           be
           meant
           only
           of
           such
           who
           may
           trade
           by
           Law
           ,
           that
           is
           ,
           to
           beg
           the
           Question
           in
           respect
           of
           the
           Plaintiff
           and
           Defendant
           :
           as
           to
           that
           of
           Britton
           that
           the
           Sea
           is
           common
           ,
           it
           is
           answered
           ,
           by
           what
           hath
           been
           said
           before
           .
           And
           VVelwood
           Page
           66.
           says
           that
           by
           commune
           or
           publicum
           is
           meant
           a
           thing
           common
           for
           the
           Use
           of
           any
           one
           sort
           of
           People
           ,
           according
           to
           that
           saying
           ,
           
             Roma
             communis
             Patria
             est
          
           ,
           but
           not
           for
           all
           of
           all
           Nations
           ;
           VVelwood
           page
           66.
           
           That
           Passage
           of
           Burrough
           is
           only
           observed
           to
           prove
           the
           Kings
           Prerogative
           within
           the
           four
           Seas
           .
           And
           though
           Mr.
           VVilliams
           would
           have
           insinuated
           ,
           as
           the
           Sturgeons
           and
           other
           great
           Fish
           and
           Wrecks
           and
           the
           like
           had
           come
           to
           the
           King
           by
           the
           Statute
           of
           the
           17.
           
           E.
           3.
           
           C.
           11.
           that
           Act
           was
           but
           a
           Declaration
           of
           the
           common
           Law
           ,
           for
           he
           had
           it
           by
           the
           Right
           of
           his
           Prerogative
           ,
           Plowden's
           Commentaries
           in
           the
           Case
           of
           Mines
           ,
           Cook
           5.
           
           Sir
           Henry
           Constable's
           Case
           ;
           these
           things
           were
           vested
           in
           the
           King
           by
           his
           Prerogative
           by
           the
           common
           Law
           ,
           yet
           I
           cannot
           but
           observe
           that
           the
           Treatise
           of
           
             Mare
             liberum
          
           on
           which
           Mr.
           
           Williams
           so
           much
           relyed
           ,
           was
           craftily
           writ
           to
           overthrow
           the
           King's
           Prerogative
           in
           that
           beneficial
           Part
           thereof
           ,
           relating
           to
           the
           Fishing
           on
           the
           English
           Coasts
           ;
           and
           contains
           a
           plain
           Proclamation
           for
           all
           Persons
           of
           any
           Nation
           indifferently
           to
           Fish
           in
           all
           kinds
           of
           Seas
           ,
           for
           says
           cap.
           5.
           fol.
           10.
           
             quae
             autem
             Navigationis
             eadem
             Piscatus
             habenda
             est
             ratio
             ,
             ut
             communis
             maneat
             omnibus
          
           ;
           and
           herein
           though
           Mr.
           VVilliams
           intends
           to
           make
           good
           the
           Premisses
           ;
           I
           presume
           that
           Mr.
           Pollexfen
           that
           argued
           on
           the
           same
           side
           ,
           has
           a
           greater
           concern
           for
           his
           Friends
           in
           the
           West
           than
           to
           join
           with
           him
           to
           make
           good
           that
           conclusion
           .
           And
           before
           I
           go
           off
           from
           this
           Point
           ,
           I
           think
           it
           not
           amiss
           ,
           the
           better
           to
           clear
           the
           way
           to
           my
           conclusions
           ,
           to
           give
           some
           Instances
           wherein
           other
           Nations
           as
           well
           as
           our
           own
           ,
           have
           not
           onely
           thought
           it
           legal
           ,
           but
           necessary
           for
           their
           several
           publick
           Advantages
           to
           put
           restrictions
           upon
           Trade
           ,
           and
           did
           not
           think
           it
           injurious
           to
           natural
           Equity
           ,
           and
           the
           Freedom
           of
           Mankind
           so
           much
           discoursed
           of
           on
           the
           other
           side
           .
           To
           give
           some
           few
           instances
           :
           
             Videmus
             Jura
             Commerciorum
          
           ,
           says
           
             Bodin
             de
             Repub.
          
           lib.
           1.
           chap.
           7.
           
           
             Non
             solum
             omnibus
             populorum
             principumque
             inter
             se
             conventis
             ,
             verumetiam
             singularum
             Statutis
             ,
          
           &c.
           
           And
           after
           he
           has
           enumerated
           the
           Compacts
           for
           Trade
           between
           the
           Pope
           and
           the
           Venetians
           ,
           between
           the
           Citizens
           of
           the
           Hantz
           Towns
           ,
           and
           the
           Kings
           of
           
             England
             ,
             France
             ,
             Spain
          
           ,
           and
           several
           other
           Countreys
           :
           illi
           ,
           says
           he
           ,
           
             inter
             se
             Commercium
             multis
             modis
             personarum
             ,
             mercium
             ,
             locorum
             ,
             temporum
             atque
             omni
             aliâ
             Ratione
             coarctarunt
             .
          
           So
           is
           Marguardus
           ,
           fol.
           155.
           and
           Buchanan
           in
           his
           7th
           Book
           
             de
             rebus
             Scotiae
          
           ,
           and
           in
           all
           Countreys
           the
           Importation
           and
           Exportation
           of
           some
           Commodities
           ,
           are
           prohibited
           ,
           as
           Salt
           from
           France
           ,
           Horses
           from
           other
           Countreys
           ,
           Wool
           from
           hence
           .
           In
           whomsoever
           that
           Power
           of
           restraint
           does
           remain
           the
           Power
           of
           Licensing
           some
           and
           restraining
           of
           others
           surely
           does
           also
           remain
           by
           parity
           of
           Reason
           ;
           but
           of
           that
           more
           by
           and
           by
           :
           and
           as
           Mr.
           Attorney
           did
           truly
           observe
           upon
           perusal
           of
           the
           Statutes
           that
           are
           now
           in
           Print
           relating
           to
           Trade
           ,
           the
           Parliaments
           have
           in
           all
           Ages
           even
           to
           this
           Kings
           Reign
           since
           his
           Restauration
           ,
           thought
           fit
           to
           make
           more
           Laws
           to
           prohibit
           forein
           Trade
           than
           to
           encrease
           it
           ,
           as
           looking
           upon
           it
           more
           advantageous
           to
           the
           Common-weal
           .
           And
           thus
           having
           observed
           that
           other
           Nations
           as
           well
           as
           we
           have
           not
           onely
           thought
           it
           legal
           ,
           but
           necessary
           to
           make
           Laws
           for
           the
           restraint
           of
           Trade
           ,
           and
           thereby
           thought
           they
           did
           no
           injustice
           to
           the
           Liberty
           of
           Mankind
           ,
        
         
           III.
           I
           proceed
           to
           the
           next
           Step.
           I
           shall
           therefore
           thirdly
           ,
           endeavour
           to
           prove
           that
           Forein
           Trade
           and
           Commerce
           being
           introduced
           by
           the
           Laws
           of
           Nations
           ,
           ought
           to
           be
           governed
           and
           judged
           according
           to
           those
           Laws
           ,
           and
           I
           do
           not
           know
           of
           any
           Statute
           or
           Book
           of
           the
           Common
           Law
           now
           in
           Print
           that
           doth
           oppose
           this
           Assertion
           ,
           
             Cokes
             3.
             
             Inst.
             fol.
          
           181.
           in
           the
           Margin
           cited
           by
           the
           Defendants
           Councel
           at
           the
           Bar
           ;
           Commercium
           ,
           says
           he
           ,
           
             Jure
             gentium
             esse
             debet
          
           ;
           nay
           ,
           it
           is
           the
           Express
           Text
           of
           the
           Law
           ,
           
             ex
             Jure
             Gentium
             Commercia
             sunt
             instituta
             ,
          
           which
           being
           laid
           down
           as
           undeniably
           true
           ,
           and
           so
           admitted
           to
           be
           by
           the
           Defendants
           Councel
           ;
           I
           would
           infer
           from
           thence
           ,
           since
           Commerce
           and
           Traffick
           are
           founded
           upon
           the
           Law
           of
           Nations
           by
           the
           natural
           reasons
           of
           things
           ,
           all
           Controversies
           arising
           about
           the
           same
           ,
           should
           be
           determined
           by
           the
           same
           Laws
           ,
           especially
           where
           there
           is
           no
           positive
           and
           express
           Law
           in
           that
           Countrey
           where
           such
           Controversies
           do
           arise
           to
           determine
           them
           by
           .
           And
           Mr.
           Williams
           seems
           to
           allow
           ,
           that
           these
           are
           
           no
           such
           Laws
           in
           this
           Kingdom
           ,
           for
           he
           thinks
           that
           the
           Controversie
           now
           before
           us
           is
           not
           to
           be
           decided
           ,
           but
           by
           Parliament
           .
        
         
           All
           other
           Nations
           have
           governed
           themselves
           by
           this
           Principle
           ,
           and
           upon
           this
           ground
           stands
           the
           Court
           of
           Admiralty
           in
           this
           Kingdom
           ,
           viz.
           that
           there
           might
           be
           uniform
           Judgments
           given
           there
           to
           all
           other
           Nations
           in
           the
           World
           in
           Causes
           relating
           to
           Commerce
           ,
           Navigation
           ,
           and
           the
           like
           ;
           and
           in
           as
           much
           as
           the
           Common
           and
           Statute
           Laws
           of
           this
           Realm
           ,
           are
           too
           straight
           and
           narrow
           to
           govern
           and
           decide
           Differences
           arising
           about
           Foreign
           Commerce
           ,
           and
           can
           never
           be
           thought
           to
           bear
           any
           sort
           of
           Proportion
           to
           the
           universal
           Law
           of
           all
           Nations
           ,
           as
           the
           Interests
           of
           all
           Foreign
           Trade
           ,
           do
           necessitate
           them
           to
           contend
           for
           :
           It
           will
           become
           us
           that
           are
           Judges
           in
           Westminster-Hall
           ,
           for
           the
           better
           determining
           this
           Case
           ,
           to
           observe
           the
           Methods
           used
           by
           our
           Predecessors
           in
           determining
           such
           like
           Causes
           ,
           and
           take
           notice
           of
           the
           Law
           of
           Nations
           .
        
         
           The
           Common
           Law
           ,
           by
           the
           several
           Authorities
           I
           cited
           before
           ,
           takes
           notice
           of
           the
           Law-Merchant
           ,
           and
           as
           the
           Book
           of
           Ed.
           4.
           before
           cited
           ,
           says
           it
           is
           part
           of
           the
           Law
           of
           Nations
           ,
           and
           leaves
           the
           determination
           to
           be
           according
           to
           that
           Law
           ,
           the
           several
           Acts
           of
           Parliament
           I
           before
           cited
           ,
           make
           a
           particular
           Provision
           ,
           that
           matters
           of
           this
           nature
           should
           be
           determined
           according
           to
           the
           Law-Merchant
           ,
           which
           is
           part
           of
           the
           Law
           of
           Nature
           and
           Nations
           ,
           and
           is
           universal
           ,
           and
           one
           and
           the
           same
           in
           all
           Countries
           in
           the
           World
           ,
           and
           therefore
           Cicero
           speaking
           of
           this
           Law
           ,
           says
           ,
           
             Non
             erit
             alia
             Lex
             Romae
             ,
             alia
             Athenis
             ,
             alia
             nunc
             ,
             alia
             post
             hac
             ,
             sed
             &
             inter
             omnes
             gentes
             &
             omni
             tempore
             una
             eademque
             lex
             obtinebit
          
           ;
           and
           I
           the
           rather
           thought
           my self
           obliged
           more
           industriously
           to
           search
           into
           the
           Law
           of
           Nations
           ,
           the
           better
           to
           enable
           me
           to
           give
           Judgment
           in
           this
           Case
           ,
           the
           Consequence
           whereof
           will
           affect
           the
           King's
           Subjects
           in
           all
           Parts
           of
           the
           World
           ,
           and
           I
           was
           minded
           thereof
           particularly
           ,
           by
           my
           Lord
           Chief
           Baron
           Flemming
           ,
           in
           the
           giving
           Judgment
           in
           the
           great
           Case
           of
           Bates
           about
           the
           Imposition
           upon
           Currants
           ,
           
             Lane
             fol.
          
           27.
           and
           does
           not
           only
           affirm
           it
           as
           necessary
           ,
           but
           the
           common
           Practices
           of
           all
           Judges
           in
           all
           Ages
           .
        
         
           Do
           not
           we
           leave
           the
           determination
           of
           Ecclesiastical
           Causes
           to
           be
           decided
           according
           to
           the
           Ecclesiastical
           Laws
           ,
           Foreign
           Matters
           ,
           Matters
           of
           Navigation
           ,
           Leagues
           ,
           Truces
           ,
           Embassies
           ,
           nay
           ,
           even
           in
           the
           Case
           at
           the
           Bar
           ,
           the
           stopping
           of
           the
           Defendants
           Ship
           by
           an
           Admiralty
           Process
           ,
           was
           left
           by
           the
           Opinion
           of
           all
           this
           Court
           ,
           and
           afterwards
           by
           the
           Courts
           of
           Common-Pleas
           and
           Exchequer
           ,
           to
           be
           decided
           in
           the
           Admiralty
           ,
           and
           by
           virtue
           of
           a
           Process
           out
           of
           that
           Court
           ,
           his
           Ship
           is
           detained
           to
           this
           day
           ;
           and
           as
           I
           said
           ,
           that
           Court
           proceeds
           according
           to
           the
           Law
           of
           Nations
           ,
           and
           the
           Matters
           before
           specified
           ,
           are
           not
           to
           be
           controled
           by
           the
           Rules
           of
           the
           Common
           Law.
           
        
         
           And
           if
           Customs
           make
           a
           Law
           ,
           then
           the
           Custom
           of
           Nations
           is
           surely
           the
           Law
           of
           Nations
           ,
           which
           brings
           me
           to
           my
           next
           particular
           ,
           which
           is
           the
           main
           thing
           upon
           which
           this
           Cause
           will
           turn
           .
        
         
           Therefore
           ,
           4thly
           ,
           I
           conceive
           ,
           that
           both
           by
           the
           Laws
           of
           Nations
           ,
           and
           by
           the
           Common
           Law
           of
           England
           ,
           the
           Regulation
           ,
           Restraint
           and
           Government
           of
           foreign
           Trade
           and
           Commerce
           ,
           is
           reckoned
           
             inter
             Jura
             Regalia
             ,
             i.
             e.
          
           is
           in
           the
           Power
           of
           the
           King
           ,
           and
           't
           is
           his
           undoubted
           Prerogative
           ,
           and
           is
           not
           abridged
           or
           controled
           by
           any
           Act
           of
           Parliament
           now
           in
           force
           .
        
         
         
           This
           Question
           is
           not
           concerning
           the
           Consequences
           of
           this
           Power
           ,
           or
           any
           Inconveniences
           that
           may
           happen
           thereupon
           ,
           because
           upon
           Inconveniences
           arising
           ,
           the
           King
           is
           to
           be
           supplicated
           to
           redress
           them
           ,
           which
           I
           shall
           farther
           take
           notice
           of
           ,
           when
           I
           come
           to
           answer
           the
           particular
           Objections
           made
           against
           this
           Grant.
           
        
         
           
             Commerciorum
             Jura
             sunt
             Privilegiata
             ac
             non
             nisi
             iis
             concessa
             qui
             exercendorum
             Mercatorum
             licentiam
             Principis
             indultu
             &
             authoritate
             meruerunt
             ,
          
           is
           the
           very
           express
           Text
           of
           the
           Civil
           Law
           ,
           and
           so
           is
           
             Carpzovires
             ,
             Const.
             n.
             5.
             
             Bodinus
             de
             Republica
             ,
             lib.
             1.
             
             Cap.
          
           7.
           says
           
             quae
             tametsi
             Jure
             gentium
             esse
             videantur
             prohibere
             tametsi
             saepe
             á
             Principibus
             videmus
             ,
          
           and
           in
           Cap.
           6.
           quoted
           by
           Mr.
           Attorney
           ,
           That
           the
           Laws
           of
           Commerce
           are
           contained
           in
           the
           particular
           Compacts
           and
           Agreements
           of
           People
           and
           Princes
           .
           So
           Salmasius
           pag.
           236.
           
           
             Mercatura
             est
             Res
             indifferens
             in
             qua
             Magistratus
             vel
             in
             vetando
             vel
             permittendo
             suam
             pro
             Commodo
             Reipublicae
             potest
             imponere
             Authoritatem
             .
             So
             Carpzovires
             ,
          
           a
           famous
           German
           Lawyer
           in
           his
           
             Decisions
             lib.
             Decis
             .
             105.
             
             N.
             13.
             
             &
             14.
             
             Exempla
             haud
             rara
             sunt
             ubi
             Privilegio
             &
             edicto
             Principis
             commercia
             ad
             certas
             Personas
             certave
             loca
             restringere
             videmus
          
           ;
           These
           Rules
           and
           Principles
           asserted
           to
           be
           the
           Laws
           of
           Nations
           ,
           agree
           with
           the
           Principles
           of
           our
           Laws
           ;
           Mr.
           Attorney
           in
           his
           Argument
           in
           this
           Cause
           cited
           many
           Records
           and
           Presidents
           to
           make
           good
           this
           Assertion
           ,
           which
           I
           think
           he
           did
           with
           great
           clearness
           :
           I
           therefore
           will
           content
           my self
           with
           as
           few
           of
           them
           as
           I
           can
           ,
           and
           only
           remind
           you
           of
           such
           as
           I
           think
           absolutely
           necessary
           to
           make
           good
           my
           Assertion
           ,
           which
           I
           will
           do
           by
           these
           steps
           .
        
         
           I
           conceive
           the
           King
           had
           an
           absolute
           Power
           to
           forbid
           Foreigners
           ,
           whether
           Merchants
           or
           others
           ,
           from
           coming
           within
           his
           Dominions
           ,
           both
           in
           times
           of
           War
           and
           in
           times
           of
           Peace
           ,
           according
           to
           his
           Royal
           Will
           and
           Pleasure
           ,
           and
           therefore
           gave
           safe
           Conducts
           to
           Merchants
           Strangers
           to
           come
           in
           in
           all
           Ages
           ,
           and
           at
           his
           Pleasure
           commanded
           them
           out
           again
           by
           his
           Proclamation
           or
           Order
           of
           Council
           ,
           of
           which
           there
           is
           no
           Kings
           Reign
           without
           many
           Instances
           ;
           and
           the
           Statute
           of
           
             Magna
             Charta
          
           ,
           Chap.
           30.
           so
           much
           insisted
           upon
           by
           the
           Defendants
           Councel
           ,
           is
           but
           a
           general
           safe
           Conduct
           ;
           
             Omnes
             Mercatores
             nisi
             publice
             ante
             prohibiti
             fuerint
             habeant
             salvum
             &
             securum
             Conductum
             ,
             &c.
             
          
           Where
           by
           the
           way
           I
           must
           observe
           ,
           That
           Mercatores
           ,
           says
           my
           Lord
           Cook
           ,
           in
           his
           Comment
           upon
           the
           Chapter
           ,
           is
           only
           intended
           of
           Merchants
           Strangers
           ,
           for
           I
           cannot
           find
           ,
           that
           in
           those
           days
           any
           of
           the
           Subjects
           of
           this
           Kingdom
           did
           apply
           themselves
           to
           foreign
           Trade
           ,
           or
           at
           least
           the
           Trade
           was
           not
           so
           considerable
           ,
           as
           to
           be
           taken
           notice
           of
           in
           any
           Book
           or
           Record
           that
           I
           can
           meet
           with
           ;
           and
           before
           the
           making
           of
           that
           Statute
           ,
           my
           Lord
           
             Coke
             2.
             
             Institut
             .
             fol.
          
           57.
           does
           agree
           ,
           that
           the
           King
           might
           and
           did
           prohibit
           Strangers
           at
           his
           pleasure
           :
           But
           he
           conceives
           ,
           and
           with
           great
           respect
           be
           it
           spoken
           to
           his
           Memory
           ;
           I
           think
           ,
           without
           any
           colour
           of
           Reason
           ,
           would
           make
           these
           words
           ,
           
             nisi
             publice
             prohibeantur
          
           ,
           to
           intend
           only
           a
           Prohibition
           by
           Parliament
           ;
           and
           his
           Reason
           is
           ,
           for
           that
           it
           concerns
           the
           whole
           Realm
           :
           Now
           did
           the
           coming
           in
           of
           Strangers
           concern
           the
           Realm
           ,
           after
           the
           making
           of
           the
           Act
           ,
           more
           than
           it
           did
           before
           ?
           Surely
           no.
           Doth
           not
           the
           Power
           of
           making
           War
           and
           Peace
           absolutely
           belong
           to
           the
           King
           by
           his
           Prerogative
           ?
           and
           is
           not
           that
           of
           publick
           concern
           to
           the
           Kingdom
           ?
           and
           is
           not
           the
           Prohibition
           of
           Strangers
           ,
           a
           natural
           dependant
           upon
           that
           Prerogative
           ?
           if
           the
           word
           publice
           there
           had
           been
           out
           ,
           there
           had
           been
           no
           
           colour
           for
           that
           conceit
           ,
           and
           surely
           the
           King's
           Proclamation
           will
           make
           the
           matter
           as
           publick
           as
           an
           Act
           of
           Parliament
           can
           do
           ;
           nay
           ,
           and
           I
           may
           say
           ,
           more
           ,
           for
           Acts
           of
           Parliament
           anciently
           were
           made
           publick
           by
           Proclamation
           ;
           for
           in
           our
           Books
           we
           have
           many
           Instances
           of
           Writs
           directed
           to
           Sheriffs
           of
           Counties
           ,
           to
           cause
           Acts
           of
           Parliament
           to
           be
           published
           by
           Proclamation
           ,
           and
           so
           was
           the
           constant
           and
           ancient
           usage
           ;
           and
           it
           is
           not
           more
           natural
           for
           Strangers
           that
           are
           abroad
           to
           take
           notice
           of
           the
           King
           's
           publick
           Edicts
           ,
           which
           is
           known
           to
           be
           of
           great
           Importance
           in
           all
           Countries
           ,
           more
           than
           they
           would
           of
           an
           Act
           of
           Parliament
           ,
           that
           affects
           the
           King
           's
           own
           Dominions
           only
           ;
           besides
           it
           appears
           more
           impertinent
           ,
           if
           you
           turn
           those
           words
           into
           a
           Proviso
           ,
           and
           then
           it
           will
           amount
           to
           no
           more
           in
           plain
           English
           than
           this
           ,
           provided
           ,
           that
           this
           Law
           shall
           continue
           ,
           except
           it
           be
           hereafter
           repealed
           ,
           which
           surely
           would
           be
           very
           ridiculous
           .
        
         
           Mr.
           Attorney
           and
           Mr.
           Sollicitor
           ,
           both
           in
           their
           Arguments
           ,
           quoted
           several
           Records
           and
           Precedents
           ,
           where
           the
           King
           in
           all
           times
           after
           the
           making
           of
           that
           Act
           ,
           did
           prohibit
           Strangers
           from
           coming
           in
           ,
           and
           did
           command
           them
           out
           when
           they
           were
           here
           at
           pleasure
           ;
           I
           shall
           not
           trouble
           you
           with
           the
           Repetition
           of
           the
           Records
           ,
           for
           they
           were
           many
           :
           Nay
           ,
           the
           King
           ,
           when
           Acts
           of
           Parliament
           had
           prohibited
           ,
           did
           grant
           safe-Conduct
           ,
           and
           of
           that
           sort
           ,
           in
           Rolls
           Prerogative
           180.
           you
           will
           find
           several
           Instances
           ,
           and
           in
           the
           several
           Acts
           of
           Parliament
           ,
           cited
           by
           Mr.
           Attorney
           ,
           to
           confirm
           the
           King's
           Prerogative
           ,
           as
           to
           safe-Conducts
           it
           doth
           appear
           .
           
             Syderfyn
             ,
             fol.
          
           441.
           
           It
           is
           said
           ,
           that
           the
           King
           ,
           by
           the
           Common
           Law
           ,
           might
           prohibit
           the
           Importation
           of
           Foreign
           Goods
           ;
           and
           whoever
           acted
           against
           such
           Prohibition
           ,
           forfeited
           his
           Ship.
           
        
         
           The
           King
           might
           prohibit
           any
           of
           his
           Subjects
           from
           going
           beyond
           the
           Seas
           at
           pleasure
           ,
           and
           recall
           them
           again
           as
           he
           thought
           fit
           ;
           and
           that
           ,
           as
           I
           have
           said
           before
           ,
           without
           giving
           any
           reason
           :
           the
           Books
           of
           
             Fitzherbert's
             N.
             B.
          
           and
           Register
           before-cited
           ,
           makes
           this
           evident
           :
           Mr.
           Attorney
           indeed
           cited
           many
           Instances
           ,
           wherein
           the
           Kings
           had
           made
           use
           of
           their
           Prerogatives
           ,
           
           as
           ,
           7
           
             Ed.
             2.
             
             M.
             10.
             
             Quadragesimo
             Ed.
             3.
             
             M.
          
           24.
           
           Stat.
           of
           5
           
             R.
             2.
             
             Cap.
          
           2.
           which
           confirms
           it
           ,
           3.
           
           Inst.
           179.
           
           
             Vicesimo
             quinto
             Ed.
             3.
             
             M.
          
           10.
           with
           many
           more
           ;
           and
           indeed
           ,
           I
           think
           ,
           it
           was
           not
           deny'd
           ,
           but
           that
           after
           a
           Prohibition
           it
           was
           an
           Offence
           ,
           admitted
           of
           by
           the
           Defendants
           Councel
           ,
           for
           any
           Subjects
           to
           go
           beyond
           the
           Seas
           ;
           Dyer
           165.
           and
           296.
           agrees
           it
           .
        
         
           And
           that
           is
           sufficient
           for
           the
           present
           purpose
           ,
           there
           being
           a
           Prohibition
           in
           the
           Charter
           ,
           in
           question
           to
           all
           Persons
           that
           are
           not
           there
           mention'd
           .
        
         
           What
           influence
           the
           King's
           Prerogative
           must
           necessarily
           have
           upon
           Foreign
           Trade
           and
           Commerce
           ,
           appears
           by
           his
           frequent
           granting
           Letters
           of
           mark
           and
           reprizal
           ,
           these
           are
           not
           allowed
           of
           by
           the
           Law
           of
           Nature
           ,
           Civil
           or
           Common
           Law
           ;
           for
           thereby
           no
           man
           is
           bound
           by
           anothers
           Act
           ,
           without
           his
           Consent
           ,
           but
           by
           the
           general
           Consent
           of
           Nations
           ,
           
             humana
             necessitate
             exigente
          
           .
           The
           King
           only
           has
           the
           power
           of
           making
           Leagues
           and
           Truces
           with
           Foreign
           Princes
           ,
           upon
           which
           only
           all
           Foreign
           Trade
           does
           depend
           ,
           and
           those
           Leagues
           are
           made
           upon
           such
           Terms
           and
           Conditions
           ,
           and
           under
           such
           limitations
           ,
           as
           both
           Princes
           think
           fit
           ;
           many
           Instances
           to
           this
           purpose
           were
           also
           cited
           by
           Mr.
           Attorney
           ,
           to
           which
           I
           refer
           my self
           ,
           and
           the
           differences
           that
           arise
           from
           Merchants
           beyond
           the
           Seas
           ,
           are
           to
           be
           determin'd
           according
           to
           those
           Leagues
           ,
           and
           cannot
           be
           decided
           by
           the
           Municipal
           Laws
           of
           this
           Realm
           ,
           which
           cannot
           be
           put
           in
           Execution
           in
           Foreign
           Parts
           .
        
         
         
           Fourthly
           ,
           The
           King
           is
           absolutely
           Master
           of
           War
           and
           Peace
           ,
           which
           he
           could
           not
           be
           ,
           in
           case
           he
           had
           not
           a
           Power
           to
           lay
           restraint
           upon
           his
           own
           Subjects
           ,
           in
           relation
           to
           Foreign
           Commerce
           :
           Since
           
             eo
             ipso
          
           ,
           that
           War
           is
           proclaimed
           ,
           all
           publick
           Commerce
           is
           prohibited
           ,
           and
           the
           Councel
           that
           argu'd
           for
           the
           Defendant
           ,
           admitted
           ,
           That
           the
           King
           might
           prohibit
           his
           Subjects
           to
           go
           or
           trade
           beyond
           the
           Seas
           in
           cases
           of
           Wars
           or
           Plagues
           .
           How
           strangely
           preposterous
           then
           would
           it
           be
           for
           a
           man
           to
           imagine
           ,
           that
           the
           King
           should
           have
           an
           absolute
           Power
           of
           War
           and
           Peace
           ,
           and
           yet
           be
           deny'd
           of
           the
           means
           to
           preserve
           the
           one
           and
           prevent
           the
           other
           !
           Is
           not
           that
           therefore
           the
           great
           Reason
           why
           the
           King
           is
           at
           so
           great
           Expence
           in
           maintaining
           Ambassadors
           and
           Envoys
           in
           all
           the
           Trading
           parts
           of
           the
           World
           ,
           without
           which
           ,
           we
           should
           be
           in
           a
           perpetual
           state
           of
           War
           ?
           Would
           it
           not
           be
           monstrous
           ,
           that
           when
           the
           King
           is
           entered
           into
           League
           with
           any
           Sovereign
           Prince
           in
           a
           matter
           of
           Trade
           ,
           very
           advantageous
           to
           his
           People
           ,
           to
           have
           it
           in
           the
           power
           of
           any
           one
           of
           his
           Subjects
           to
           destroy
           it
           ?
           as
           for
           instance
           ,
           Suppose
           a
           League
           between
           our
           King
           and
           the
           Emperor
           of
           Morocco
           ,
           for
           a
           Trade
           to
           Tangier
           ,
           were
           made
           upon
           Condition
           ,
           that
           no
           English
           Ship
           coming
           there
           for
           Commerce
           should
           be
           above
           a
           hundred
           Tun
           ,
           and
           a
           Fleet
           of
           Merchants
           Ships
           within
           that
           Condition
           ,
           were
           in
           Port
           at
           Tangier
           ;
           and
           Mr.
           Sands
           with
           the
           same
           Obstinacy
           ,
           as
           he
           seems
           to
           appear
           in
           this
           Case
           ,
           should
           have
           gone
           with
           a
           Ship
           of
           above
           a
           hundred
           Tun
           to
           Tangier
           ,
           that
           would
           have
           been
           an
           absolute
           breach
           of
           the
           League
           ,
           we
           should
           have
           been
           immediately
           in
           a
           state
           of
           War
           ,
           the
           Merchants
           Goods
           and
           Ships
           absolutely
           forfeited
           to
           the
           Emperor
           ,
           by
           the
           Law
           of
           Nations
           ;
           and
           they
           and
           their
           Families
           thereby
           undone
           without
           any
           remedy
           ,
           till
           Mr.
           Sands
           should
           be
           pleased
           to
           return
           into
           England
           ,
           and
           also
           bring
           with
           him
           an
           Estate
           sufficient
           to
           make
           them
           a
           Recompence
           ;
           and
           then
           also
           ,
           perhaps
           ,
           it
           would
           be
           difficult
           to
           contrive
           such
           an
           Action
           in
           our
           Law
           ,
           to
           compel
           Mr.
           Sands
           to
           do
           it
           :
           besides
           ,
           the
           King
           has
           no
           other
           way
           ,
           if
           his
           Ambassadors
           and
           Ministers
           in
           Foreign
           Parts
           cannot
           prevail
           ,
           that
           right
           should
           be
           done
           to
           his
           Subjects
           ;
           or
           if
           Mr.
           
           Sands's
           Interloping
           Ship
           ,
           and
           all
           its
           Cargo
           ,
           had
           been
           wrongfully
           taken
           away
           from
           him
           by
           any
           Foreign
           Prince
           ,
           but
           by
           the
           King
           's
           declaring
           of
           a
           War
           ,
           and
           compelling
           them
           to
           make
           Restitution
           by
           force
           ;
           the
           Consequence
           whereof
           will
           affect
           more
           than
           Foreign
           Traders
           would
           be
           then
           concern'd
           ,
           both
           in
           their
           Persons
           and
           Purses
           ,
           and
           it
           would
           be
           very
           hard
           for
           all
           the
           King's
           Subjects
           to
           lie
           under
           the
           burden
           and
           charge
           ,
           and
           the
           profits
           and
           advantages
           accrue
           only
           to
           a
           few
           ;
           and
           here
           by
           the
           way
           ,
           I
           think
           it
           not
           improper
           to
           take
           notice
           of
           an
           Objection
           ,
           that
           was
           made
           by
           the
           Defendant's
           Councel
           ,
           of
           the
           unreasonableness
           that
           the
           King
           should
           be
           entrusted
           with
           this
           Prerogative
           :
           For
           as
           well
           as
           he
           may
           restrain
           Persons
           travelling
           to
           the
           Indies
           ,
           he
           may
           also
           restrain
           them
           from
           Trading
           into
           any
           other
           part
           of
           the
           World.
           The
           very
           Objection
           seems
           to
           carry
           an
           unsavory
           ,
           as
           well
           as
           an
           unreasonable
           mistrust
           in
           a
           Subject
           to
           his
           Prince
           ;
           for
           as
           it
           is
           a
           Maxim
           in
           our
           Law
           ,
           the
           King
           cannot
           be
           presumed
           to
           do
           wrong
           ;
           and
           I
           am
           sure
           the
           constant
           Practice
           of
           our
           Present
           King
           ,
           has
           not
           given
           us
           the
           least
           umbrage
           for
           such
           Diffidence
           :
           and
           I
           think
           I
           may
           truly
           say
           ,
           we
           are
           as
           safe
           by
           our
           Princes
           own
           natural
           Inclinations
           ,
           as
           we
           can
           be
           by
           any
           Law
           in
           this
           particular
           ;
           the
           King
           has
           the
           absolute
           Power
           of
           pardoning
           all
           Offenders
           ,
           by
           his
           inherent
           Prerogative
           ,
           which
           an
           Act
           of
           Parliament
           cannot
           deprive
           him
           of
           ;
           the
           Case
           of
           Murther
           is
           a
           full
           Instance
           of
           that
           ,
           nor
           
           was
           that
           Prerogative
           ever
           disputed
           in
           any
           Age
           ,
           tho
           never
           so
           troublesome
           ,
           saving
           in
           that
           single
           Case
           of
           the
           Earl
           of
           Danby
           ,
           and
           that
           without
           any
           Reason
           that
           I
           could
           ever
           hear
           of
           :
           Is
           it
           therefore
           to
           be
           objected
           ,
           and
           presumed
           ,
           that
           the
           King
           will
           Pardon
           all
           the
           Traytors
           ,
           Murtherers
           and
           Robbers
           ,
           and
           other
           Felons
           ,
           and
           make
           use
           of
           his
           Prerogative
           to
           let
           all
           Malefactors
           escape
           ?
        
         
           The
           King
           is
           the
           Fountain
           of
           Honour
           ,
           as
           well
           as
           of
           Justice
           ,
           and
           in
           vertue
           of
           that
           Prerogative
           ,
           may
           ennoble
           as
           many
           of
           his
           Subjects
           as
           he
           pleases
           ,
           and
           thereby
           exempt
           them
           from
           Arrests
           ,
           and
           other
           common
           Processes
           of
           the
           Law
           ,
           by
           means
           whereof
           Men
           do
           more
           speedily
           recover
           their
           just
           Debts
           ,
           and
           have
           redress
           for
           Injuries
           .
           Is
           it
           therefore
           to
           be
           presumed
           the
           King
           will
           make
           such
           a
           glut
           of
           Noblemen
           ,
           because
           he
           may
           do
           it
           ?
        
         
           And
           as
           this
           is
           against
           his
           Inclination
           ,
           so
           certainly
           it
           is
           against
           his
           Interest
           ,
           to
           make
           such
           Grants
           as
           the
           Defendant's
           Councel
           seems
           to
           fear
           ;
           for
           it
           is
           more
           for
           the
           King's
           benefit
           than
           it
           can
           be
           for
           his
           Subjects
           ,
           the
           greater
           the
           Importation
           of
           Foreign
           Commodities
           is
           ,
           for
           from
           thence
           arise
           his
           Customs
           and
           Impositions
           ,
           those
           necessary
           supports
           of
           the
           Crown
           ;
           and
           therefore
           in
           some
           sence
           the
           King
           is
           the
           only
           Person
           truly
           concerned
           in
           this
           Question
           :
           For
           this
           Island
           supported
           its
           Inhabitants
           in
           many
           Ages
           ,
           without
           any
           Foreign
           Trade
           at
           all
           ,
           having
           in
           it
           all
           things
           necessary
           for
           the
           Life
           of
           Man.
           
        
         
           
             Terra
             suis
             contenta
             bonis
             ,
             non
             indiga
             mercis
             ,
          
           Says
           the
           Poet.
           
        
         
           And
           truly
           ,
           I
           think
           ,
           if
           at
           this
           day
           most
           of
           the
           East-India
           Commodities
           were
           absolutely
           prohibited
           ,
           tho
           it
           might
           be
           injurious
           as
           to
           the
           profit
           of
           some
           few
           Traders
           ,
           it
           would
           not
           be
           so
           to
           the
           generality
           of
           the
           Inhabitants
           of
           this
           Realm
           .
           And
           therefore
           as
           I
           have
           offered
           these
           few
           Instances
           to
           prove
           the
           King
           should
           have
           such
           a
           Prerogative
           ,
           in
           the
           next
           place
           ,
           I
           come
           to
           shew
           that
           the
           Kings
           of
           England
           have
           exercised
           this
           their
           Prerogative
           in
           all
           Ages
           ;
           and
           as
           the
           King
           has
           the
           power
           of
           restraint
           of
           Foreign
           Trade
           ,
           so
           he
           is
           the
           only
           Judge
           when
           it
           is
           proper
           to
           use
           that
           power
           ,
           which
           seems
           plainly
           to
           be
           for
           the
           same
           reason
           :
           And
           ,
           I
           think
           ,
           Mr.
           
           Williams's
           remark
           of
           the
           difficulty
           of
           this
           Case
           ,
           that
           it
           should
           necessitate
           the
           King
           to
           call
           a
           Parliament
           to
           assist
           him
           with
           power
           to
           determine
           this
           Question
           ,
           is
           not
           to
           be
           passed
           by
           without
           some
           Observation
           .
        
         
           God
           be
           praised
           't
           is
           in
           the
           King's
           power
           to
           call
           and
           dissolve
           Parliaments
           ,
           when
           and
           how
           he
           pleases
           ,
           and
           he
           is
           the
           only
           Judg
           of
           these
           
             Ardua
             Regni
          
           ,
           that
           he
           should
           think
           fit
           to
           consult
           with
           the
           Parliament
           about
           ;
           and
           Mr.
           Williams
           would
           do
           well
           to
           save
           himself
           the
           trouble
           of
           advising
           the
           King
           of
           what
           things
           are
           fit
           for
           him
           to
           consult
           with
           his
           Parliament
           about
           ,
           till
           such
           time
           as
           he
           be
           thereunto
           called
           ;
           but
           it
           hath
           been
           too
           much
           practised
           at
           this
           and
           other
           Bars
           in
           Westminster-Hall
           of
           late
           years
           ,
           to
           captivate
           the
           
             Lay
             Gens
          
           ,
           by
           lessening
           the
           power
           of
           the
           King
           ,
           and
           advancing
           ,
           I
           had
           almost
           said
           ,
           the
           Prerogative
           of
           the
           People
           ;
           and
           from
           hence
           comes
           the
           many
           mischiefs
           to
           the
           King's
           Subjects
           in
           parts
           abroad
           ,
           by
           making
           the
           Power
           of
           the
           King
           thought
           so
           inconsiderable
           ,
           as
           tho
           he
           were
           a
           mere
           Duke
           of
           Venice
           ,
           being
           absolutely
           dependent
           upon
           his
           Parliament
           .
           Would
           it
           not
           be
           mightily
           for
           the
           Honour
           and
           Dignity
           of
           the
           Crown
           of
           England
           ,
           think
           ye
           ,
           That
           the
           Emperor
           of
           Fez
           and
           Morocco
           ,
           or
           any
           Prince
           of
           the
           remote
           
           parts
           of
           the
           World
           should
           be
           told
           ,
           that
           Mr.
           Sands
           one
           of
           the
           King
           of
           Great
           Britains
           Subjects
           came
           into
           the
           Emperour's
           Territories
           against
           his
           Prince's
           consent
           ,
           and
           that
           he
           had
           no
           power
           to
           hinder
           him
           ,
           unless
           he
           would
           consult
           with
           all
           his
           Nobles
           and
           the
           Representatives
           of
           all
           his
           common
           Subjects
           to
           assist
           therein
           ?
           Would
           not
           the
           Emperour
           believe
           Sands
           to
           be
           the
           greater
           Prince
           of
           the
           two
           ?
           But
           though
           such
           sort
           of
           Declamations
           are
           so
           much
           for
           the
           service
           of
           the
           Crown
           ,
           and
           for
           the
           Honour
           of
           the
           Kingdom
           as
           they
           would
           have
           it
           believed
           ;
           yet
           I
           think
           they
           have
           the
           same
           tendency
           of
           Duty
           and
           Service
           to
           the
           King
           ,
           with
           some
           other
           matters
           that
           of
           late
           have
           happened
           amongst
           us
           ,
           viz.
           Some
           have
           been
           so
           concerned
           as
           well
           for
           the
           safety
           and
           security
           of
           his
           Majesties
           sacred
           Person
           ,
           and
           to
           make
           him
           formidable
           to
           his
           rebellious
           Subjects
           at
           home
           ,
           as
           to
           desire
           that
           his
           Guards
           might
           be
           discharged
           ,
           because
           it
           looked
           as
           tho
           he
           designed
           to
           rule
           by
           a
           Standing
           Army
           ,
           and
           to
           shew
           their
           tenderness
           to
           his
           Sacred
           Life
           ,
           would
           have
           him
           removed
           from
           the
           assistance
           of
           evil
           Counsellours
           ,
           as
           they
           called
           them
           ,
           and
           put
           himself
           into
           the
           hands
           of
           Assassinates
           ,
           as
           though
           one
           murdered
           Prince
           were
           not
           sufficient
           to
           satisfie
           that
           piece
           of
           State-policy
           ,
           in
           one
           and
           the
           same
           Age
           ;
           and
           in
           order
           that
           he
           might
           have
           sufficient
           to
           support
           the
           Necessity
           as
           well
           as
           Dignity
           of
           a
           Crown
           ,
           which
           all
           good
           Subjects
           are
           zealous
           for
           ;
           some
           of
           late
           have
           industriously
           endeavoured
           to
           have
           prevented
           him
           from
           being
           able
           to
           borrow
           any
           Money
           upon
           the
           Credit
           of
           any
           part
           of
           his
           Revenue
           ;
           a
           priviledg
           that
           the
           meanest
           of
           the
           Persons
           concerned
           in
           that
           Question
           ,
           would
           think
           themselves
           highly
           injured
           to
           be
           debarred
           of
           :
           These
           and
           the
           like
           attempts
           if
           not
           prevented
           ,
           will
           render
           the
           King
           and
           his
           Government
           low
           and
           despicable
           in
           all
           other
           parts
           of
           the
           World
           :
           and
           as
           for
           the
           instance
           between
           a
           Denizen
           and
           a
           Man
           Naturalized
           ,
           I
           think
           it
           rather
           makes
           against
           ,
           than
           for
           Mr.
           
           Williams's
           Conclusion
           ,
           as
           to
           the
           main
           Question
           ;
           for
           though
           the
           King
           cannot
           Naturalize
           a
           Man
           ,
           and
           thereby
           give
           him
           inheritable
           bloud
           as
           a
           natural
           born
           Subject
           to
           inherit
           Lands
           :
           yet
           he
           may
           make
           an
           Alien
           a
           Denizen
           ,
           and
           by
           that
           means
           he
           becomes
           to
           have
           as
           much
           priviledg
           as
           any
           of
           the
           King
           's
           natural
           Subjects
           hath
           ,
           as
           to
           Trade
           and
           Commerce
           ,
           which
           is
           the
           onely
           question
           now
           before
           us
           ;
           and
           I
           cannot
           help
           being
           of
           Opinion
           ,
           that
           this
           Kingdom
           was
           in
           greater
           regard
           abroad
           ,
           and
           the
           Inhabitants
           thereof
           more
           prosperous
           at
           home
           ,
           when
           the
           Prerogative
           of
           the
           Crown
           was
           more
           absolute
           than
           now
           it
           is
           ;
           therefore
           it
           is
           our
           Duty
           as
           good
           Judges
           as
           well
           as
           good
           Subjects
           ,
           to
           endeavour
           to
           support
           it
           as
           much
           as
           we
           can
           by
           Law.
           And
           so
           I
           proceed
           to
           mention
           some
           Presidents
           and
           Authorities
           ,
           whereby
           the
           Kings
           of
           England
           have
           in
           all
           ages
           exercised
           this
           part
           of
           their
           Prerogative
           of
           Restraining
           ,
           disposing
           and
           ordering
           matters
           of
           Commerce
           and
           Forein
           Trade
           by
           Royal
           Licences
           ,
           Charters
           and
           Dispensations
           .
        
         
           And
           herein
           I
           shall
           content
           my self
           with
           as
           much
           brevity
           as
           I
           can
           ,
           onely
           in
           producing
           some
           few
           of
           those
           many
           instances
           ,
           which
           were
           with
           great
           care
           and
           industry
           found
           out
           by
           Mr.
           Attorney
           ,
           and
           Mr.
           Sollicitor
           ,
           and
           by
           them
           so
           learnedly
           and
           properly
           applied
           to
           the
           Case
           in
           question
           .
        
         
           I.
           Therefore
           it
           has
           been
           well
           observed
           ,
           that
           the
           Staples
           which
           were
           the
           common
           and
           publick
           Marts
           for
           all
           Merchants
           to
           resort
           to
           ,
           were
           first
           erected
           by
           the
           King's
           Prerogative
           without
           any
           Act
           of
           Parliament
           ,
           
           as
           it
           doth
           plainly
           appear
           by
           the
           several
           Acts
           of
           Parliament
           mentioned
           at
           the
           Bar
           ,
           either
           for
           setting
           the
           Places
           ,
           or
           enlarging
           the
           Commodities
           that
           were
           permitted
           to
           be
           brought
           to
           the
           Staple
           ;
           for
           surely
           in
           all
           times
           when
           the
           Staple
           was
           fixed
           in
           the
           Dominions
           of
           any
           other
           Prince
           ,
           that
           must
           be
           done
           by
           League
           ,
           which
           none
           can
           make
           but
           the
           King.
           To
           instance
           one
           Authority
           for
           all
           ;
           the
           Stat.
           2
           
             Ed.
             3.
             
             Cap.
          
           9.
           expresly
           says
           ,
           It
           is
           enacted
           ,
           that
           the
           Staples
           beyond
           the
           Seas
           ,
           and
           on
           this
           side
           ,
           ordained
           by
           Kings
           in
           time
           past
           ,
           &c.
           Mr.
           Attorney
           and
           Mr.
           Sollicitor
           cited
           several
           Records
           and
           other
           Acts
           of
           Parliaments
           ,
           that
           allow
           this
           to
           be
           the
           King's
           Prerogative
           absolutely
           ,
           which
           I
           shall
           onely
           name
           ,
           they
           having
           opened
           the
           particulars
           at
           large
           ,
           
             viz.
             Vicesimo
          
           E
           1.
           
           
             Plac.
             Parl.
             Rolls
             :
             Abrid
          
           .
           fol.
           108.
           130.
           
           
             Octavo
             E
             3.
             numero
             20.
             27
             
             E.
             3.
             
             Cap.
             1.
             43.
             
             E.
             3.
             
             Cap.
             1.
             47.
             
             E.
             3.
             
             N.
             17.
             
             Prim.
             R.
             2.
             
             N.
          
           98.
           with
           many
           more
           ,
           which
           did
           not
           onely
           Licence
           Merchants
           to
           repair
           to
           their
           several
           Staples
           ,
           but
           prohibited
           them
           from
           carrying
           their
           Staple
           Commodities
           to
           any
           other
           places
           ;
           and
           the
           several
           Acts
           of
           Parliaments
           made
           touching
           the
           Staple
           ,
           onely
           inflicted
           greater
           Forfeitures
           upon
           the
           Persons
           offending
           ,
           more
           than
           the
           King
           by
           his
           Prerogative
           did
           inflict
           ,
           but
           neither
           added
           to
           ,
           or
           diminished
           any
           part
           of
           the
           Power
           of
           the
           Crown
           :
           the
           truth
           whereof
           will
           also
           farther
           appear
           by
           the
           consent
           of
           the
           Parliament
           ,
           plainly
           declared
           in
           several
           Statutes
           following
           ,
           
             viz.
             2
             Hen.
             5.
             
             Cap.
             6.
             2
             
             Hen.
             6.
             
             Cap.
             4.
             8
             
             Hen.
             6.
             
             Cap.
          
           17
           ,
           and
           27.
           by
           which
           and
           several
           other
           instances
           ,
           both
           by
           Mr.
           Sollicitor
           and
           Mr.
           Attorney
           ,
           I
           do
           conceive
           it
           does
           plainly
           appear
           that
           the
           Statute
           of
           2
           of
           
             Ed.
             3.
             
             Cap.
             9.
             
             Nono
             l.
             3.
             cap.
             1.
             
             Decimo
             quarto
             Ed.
             3.
             cap.
          
           2.
           the
           Stat.
           of
           
             Decimo
             quinto
          
           ,
           Ed.
           3.
           mentioned
           in
           the
           Defendants
           Plea
           ,
           
             Decimo
             8.
             
             Ed.
             3.
             cap.
          
           3.
           which
           the
           Defendants
           Councel
           have
           so
           much
           insisted
           upon
           for
           the
           opening
           the
           Liberty
           of
           Trade
           ,
           onely
           concerned
           Merchants
           of
           the
           Staples
           ,
           and
           by
           the
           Acts
           of
           Parliaments
           made
           relating
           to
           that
           Trade
           ,
           since
           particularly
           mentioned
           by
           Mr.
           Attorney
           stand
           now
           repealed
           .
        
         
           And
           tho
           the
           place
           of
           the
           Staple
           as
           well
           as
           the
           Commodities
           were
           ascertained
           by
           Acts
           of
           Parliaments
           ;
           yet
           the
           King
           granted
           to
           Merchants
           Licences
           to
           trade
           elswhere
           ,
           which
           Prerogative
           is
           allowed
           of
           by
           Acts
           of
           Parliaments
           ,
           and
           other
           Authorities
           in
           our
           Books
           :
           for
           instance
           ,
           amongst
           many
           others
           ,
           the
           Stat.
           8
           
             Hen.
             6.
             21.
             22
             
             Hen.
             6.
             cap.
             4.
             15
             
             Hen.
             6.
             cap.
             3.
             27
             
             Hen.
             6.
             cap.
             1.
             1
             
             Hen.
             7.
             fol.
             3.
             
             A.
             13
             Ed.
             4.
             fol.
             3.
             l.
             5
             E.
          
           4.
           33.
           amongst
           other
           Books
           make
           it
           appear
           .
        
         
           And
           as
           well
           as
           the
           King
           ,
           before
           those
           Acts
           of
           Parliaments
           mentioned
           ,
           ordered
           the
           Merchandizes
           of
           the
           Staple
           ,
           so
           all
           other
           Forein
           Trade
           not
           taken
           notice
           of
           by
           Acts
           of
           Parliaments
           ,
           were
           begun
           and
           absolutely
           disposed
           of
           by
           the
           King's
           Prerogative
           ;
           for
           as
           my
           Lord
           Coke
           in
           his
           Comment
           upon
           
             Magna
             Charta
             ,
             cap.
          
           30.
           does
           truly
           observe
           ,
           that
           by
           Mercatores
           ,
           there
           onely
           is
           meant
           Merchant-strangers
           ;
           for
           as
           I
           said
           ,
           I
           do
           not
           find
           that
           any
           of
           the
           Subjects
           of
           this
           King
           meddled
           in
           Forein
           Trade
           in
           many
           years
           after
           the
           making
           of
           that
           Act
           :
           the
           first
           instance
           I
           meet
           with
           ,
           is
           in
           
             Malin's
             Lex
             Mercatoria
             ,
             fol.
          
           150.
           of
           the
           Society
           of
           Merchants
           which
           is
           the
           Staples
           Adventurers
           ,
           made
           by
           a
           Grant
           from
           King
           Edw.
           III.
           and
           were
           called
           the
           Brotherhood
           of
           St.
           
             Thomas
             a
             Becket
          
           of
           Canterbury
           till
           the
           time
           of
           Hen.
           7.
           who
           confirmed
           their
           Charter
           ,
           but
           changed
           their
           Name
           to
           that
           of
           Merchant-Adventurers
           ,
           by
           which
           Name
           they
           continued
           a
           Corporation
           .
        
         
         
           ●
           And
           that
           the
           King
           did
           shut
           and
           open
           Forein
           Trade
           at
           his
           pleasure
           ,
           by
           many
           instances
           mentioned
           by
           Mr.
           Attorney
           and
           Mr
           Sollicitor
           ,
           does
           farther
           appear
           ,
           33
           
             Hen.
             3.
             memb
             .
             1.
             2
             
             E.
             3.
             pars
             secunda
             memb
             .
             35.
             3
             
             Hen.
             3.
             
             N.
             33.
             
             Rolls
             Prerogative
          
           170.
           and
           214.
           before-cited
           ,
           
             primo
             Hen.
             5.
             41.
             decimo
             octavo
             Hen.
             6.
             
             N.
          
           60.
           and
           the
           Stat.
           of
           12
           
             Hen
             7.
             cap.
          
           6.
           which
           I
           have
           caused
           to
           be
           searched
           ;
           and
           in
           
           Plowden's
           Commentaries
           in
           the
           great
           Case
           of
           Mines-Royal
           ,
           it
           is
           set
           down
           as
           a
           Rule
           that
           antient
           Charters
           and
           Grants
           of
           the
           Crown
           are
           the
           best
           Evidences
           of
           the
           Prerogative
           .
           Phil.
           and
           Mary
           erected
           the
           Corporation
           of
           Russia
           Merchants
           by
           Charter
           ,
           with
           a
           Prohibition
           to
           others
           with
           the
           like
           Conditions
           within
           mentioned
           in
           the
           Charter
           at
           the
           Bar
           ,
           and
           was
           afterwards
           approved
           of
           in
           Parliament
           ,
           in
           8
           Eliz.
           and
           the
           Forfeiture
           mentioned
           in
           the
           Letters
           Patents
           made
           more
           effectual
           ;
           and
           as
           Mr.
           Attorney
           did
           truly
           observe
           ,
           that
           when
           Callis
           was
           taken
           ,
           and
           thereby
           the
           Staples
           unsetled
           ,
           Queen
           Eliz.
           thought
           according
           to
           the
           President
           of
           the
           Russia
           and
           other
           Companies
           ,
           it
           was
           most
           advantageous
           for
           the
           carrying
           on
           of
           Trade
           and
           Forein
           Commerce
           to
           erect
           Societies
           and
           Corporations
           ,
           which
           was
           well
           approved
           of
           in
           those
           times
           ,
           and
           so
           has
           continued
           ever
           since
           undisturbed
           until
           this
           present
           Question
           ,
           which
           I
           shall
           more
           particularly
           insist
           upon
           when
           I
           come
           to
           discourse
           of
           the
           next
           Head.
           
        
         
           And
           here
           by
           the
           way
           I
           shall
           onely
           remember
           ,
           that
           there
           were
           many
           Records
           and
           Books
           cited
           by
           the
           Councel
           at
           the
           Bar
           ,
           to
           prove
           the
           difference
           between
           alien
           Enemies
           and
           alien
           Armies
           ,
           and
           how
           these
           Infidels
           are
           in
           Law
           look'd
           upon
           as
           perpetual
           Enemies
           ,
           and
           the
           many
           Cases
           that
           were
           cited
           about
           the
           Jews
           and
           others
           I
           think
           will
           not
           be
           necessary
           to
           be
           farther
           insisted
           upon
           ;
           for
           I
           conceive
           they
           do
           not
           concern
           the
           Question
           that
           is
           now
           before
           us
           :
           for
           were
           not
           the
           Charter
           now
           in
           question
           in
           being
           ,
           it
           would
           be
           worth
           while
           for
           Mr.
           Sands
           to
           consider
           how
           far
           he
           might
           be
           obnoxious
           to
           punishment
           for
           trading
           with
           Infidels
           ,
           who
           are
           in
           Law
           called
           
             Perpetui
             inimici
          
           ,
           and
           therefore
           I
           conceive
           it
           is
           as
           Penal
           for
           any
           of
           the
           King's
           Subjects
           to
           trade
           with
           Infidels
           who
           are
           alien
           Enemies
           without
           a
           Royal
           Licence
           ,
           as
           it
           is
           to
           trade
           with
           alien
           Armies
           contrary
           to
           a
           Royal
           Prohibition
           :
           and
           I
           cannot
           conjecture
           how
           he
           will
           avoid
           this
           Rock
           ,
           notwithstanding
           his
           pretended
           skill
           in
           Navigation
           ,
           without
           making
           use
           of
           this
           Charter
           as
           a
           safe-conduct
           to
           him
           by
           Implication
           ,
           though
           he
           seems
           here
           so
           much
           to
           struggle
           against
           ,
           and
           how
           far
           that
           would
           prevail
           for
           his
           benefit
           may
           be
           also
           considered
           .
           But
           as
           I
           said
           before
           ,
        
         
           IV.
           The
           true
           Question
           is
           ,
           Whether
           this
           be
           a
           good
           Grant
           to
           the
           Plaintiffs
           of
           a
           sole
           Trade
           to
           the
           Indies
           ,
           were
           the
           Inhabitants
           thereof
           Christians
           or
           Infidels
           exclusive
           of
           others
           ,
           be
           good
           or
           not
           ,
           is
           the
           true
           Question
           ,
           and
           therefore
           I
           proceed
           to
           the
           next
           Step
           ,
           that
           though
           unlawful
           Engrossing
           and
           Monopolies
           are
           prohibited
           by
           the
           Laws
           of
           this
           and
           of
           other
           Nations
           ,
           yet
           I
           do
           conceive
           that
           the
           Charter
           now
           in
           question
           of
           a
           sole
           Trade
           exclusive
           of
           others
           ,
           is
           no
           such
           unlawful
           engrossing
           or
           Monopoly
           ,
           but
           is
           supported
           and
           encouraged
           as
           conducing
           to
           publick
           benefit
           by
           the
           Law
           ,
           Practice
           and
           usage
           of
           this
           and
           other
           Countreys
           :
           and
           herein
           by
           the
           way
           ,
           though
           the
           word
           
             Monopoly
             or
             Engrossing
          
           generally
           spoken
           of
           are
           odious
           in
           the
           eye
           of
           our
           Law
           ,
           yet
           some
           Engrossings
           ,
           and
           so
           some
           Monopolies
           are
           allowed
           of
           in
           our
           Books
           ,
           and
           so
           I
           desire
           to
           be
           understood
           ,
           when
           I
           say
           
             a
             lawful
             or
             unlawful
             Monopoly
          
           ,
           or
           
           
             a
             lawful
             or
             unlawful
             Engrossing
          
           ;
           and
           in
           as
           much
           as
           this
           is
           the
           great
           ,
           and
           as
           I
           think
           ,
           the
           onely
           Objection
           that
           either
           hath
           or
           can
           be
           made
           against
           the
           present
           Charter
           ;
           I
           shall
           be
           the
           more
           particular
           in
           giving
           my
           Opinion
           therein
           ,
           with
           the
           Reasons
           aud
           Authorities
           that
           have
           induced
           me
           thereunto
           .
        
         
           I
           premise
           onely
           this
           ,
           that
           in
           all
           those
           Countreys
           where
           Societies
           of
           Trade
           are
           erected
           by
           the
           Supreme
           Power
           exclusive
           of
           all
           others
           ;
           as
           the
           Case
           at
           the
           Bar
           ,
           Monopolies
           are
           forbidden
           ,
           and
           are
           as
           severely
           punished
           by
           their
           Laws
           as
           they
           can
           be
           by
           the
           Common
           and
           Statute-Laws
           of
           England
           ,
           viz.
           in
           
             Holland
             ,
             Germany
             ,
             France
             ,
             Spain
             ,
          
           &c.
           
        
         
           And
           so
           where
           ever
           the
           Civil
           Law
           prevails
           ,
           Monopolies
           are
           punished
           with
           Confiscation
           of
           Goods
           and
           Banishment
           ,
           
             C.
             de
             Monopoliis
             &
             Cens.
             Forens
             .
          
           part
           .
           1.
           fol.
           497.
           
        
         
           Now
           though
           Monopolies
           are
           forbidden
           ,
           yet
           that
           cannot
           be
           understood
           to
           be
           so
           universally
           true
           (
           as
           no
           general
           Law
           can
           ever
           be
           )
           that
           it
           should
           in
           no
           respect
           and
           upon
           no
           occasion
           or
           emergency
           whatsoever
           admit
           of
           any
           Exception
           or
           Limitation
           .
        
         
           The
           Exceptions
           thereof
           may
           be
           such
           as
           these
           :
        
         
           I.
           Though
           no
           private
           Persons
           can
           have
           the
           sole
           Trade
           to
           themselves
           by
           their
           own
           private
           authority
           ;
           yet
           this
           may
           be
           granted
           to
           a
           publick
           Society
           by
           the
           Prerogative
           of
           the
           Prince
           ;
           if
        
         
           II.
           It
           be
           upon
           good
           cause
           ,
           and
           for
           the
           publick
           advantage
           of
           the
           Kingdom
           .
        
         
           III.
           From
           the
           necessity
           of
           beginning
           and
           carrying
           on
           such
           Trades
           and
           Forein
           Commerce
           ,
           which
           can
           be
           onely
           done
           by
           Companies
           and
           Societies
           .
        
         
           IV.
           Such
           Companies
           and
           Societies
           ought
           to
           be
           continued
           and
           supported
           upon
           the
           Natural
           Equity
           and
           Justice
           ,
           that
           no
           other
           Persons
           should
           be
           permitted
           either
           to
           reap
           the
           profit
           ,
           or
           to
           endanger
           the
           loss
           of
           what
           hath
           been
           begun
           and
           been
           carried
           on
           by
           them
           with
           great
           hazard
           and
           expence
           .
        
         
           Now
           in
           as
           much
           as
           Forein
           Trade
           can
           never
           be
           of
           advantage
           to
           this
           Kingdom
           ,
           except
           the
           ballance
           be
           kept
           equal
           between
           this
           and
           other
           Countreys
           ,
           which
           can
           never
           be
           done
           but
           by
           keeping
           up
           to
           proportionable
           Rules
           ,
           for
           the
           regulation
           thereof
           with
           the
           other
           Countreys
           :
           and
           because
           as
           I
           said
           before
           ,
           the
           Municipal
           Laws
           of
           this
           Realm
           seem
           too
           scanty
           for
           that
           purpose
           ,
           I
           will
           therefore
           first
           consider
           how
           this
           Question
           stands
           as
           to
           the
           Law
           ,
           of
           Nations
           ;
           and
           then
           how
           it
           is
           considered
           by
           our
           Law
           ,
           producing
           Authorities
           in
           both
           ,
           to
           make
           good
           my
           Assertion
           ,
           and
           because
           I
           thought
           the
           former
           more
           natural
           and
           effectual
           for
           the
           decision
           of
           this
           Question
           ,
           made
           me
           more
           inquisitive
           than
           otherwise
           I
           should
           have
           been
           .
           Cujacius
           ,
           lib.
           16.
           obser
           .
           23.
           distinguishes
           
             inter
             monopolia
             licita
             &
             illicita
          
           .
        
         
           Licitum
           Monopolium
           ,
           
             says
             he
          
           ,
           est
           ,
           si
           certis
           personis
           vel
           quod
           potius
           est
           certo
           Collegio
           concesserit
           Princeps
           ut
           ei
           soli
           Jus
           sit
           vendendi
           certae
           mercis
           ;
           
             and
             therefore
             recites
             a
             Law
             of
             the
             Emperours
          
           Theodosius
           ,
           and
           Valentinian
           ,
           
             by
             which
             certain
             Governours
             of
             Commerce
             were
             appointed
             ,
          
           Edictali
           Lege
           sancita
           ,
           ut
           nulli
           mercatori
           nisi
           ad
           designata
           Loca
           temporibus
           praestitutis
           ad
           negotiationis
           suae
           species
           distrahendas
           passim
           liceret
           accedere
           ,
           &c.
           
        
         
         
           Carpzovires
           
             in
             his
             Decisions
             before
             mentioned
          
           ,
           lib.
           2.
           
           Decis
           .
           105.
           
           N.
           13
           
             &
             14.
             makes
             this
             no
             new
             Case
          
           ;
           Et
           certe
           (
           non
           est
           novum
           )
           modum
           Commerciis
           (
           quae
           tamen
           liberrima
           esse
           debent
           )
           poni
           ex
           causa
           nimirum
           publicae
           utilitatis
           vel
           Necessitatis
           ,
           ex
           quo
           monopolia
           ,
           alias
           prohibita
           jure
           subsistunt
           .
        
         
           
             And
             again
          
           ,
           exempla
           haud
           rara
           sunt
           ubi
           Necessitat
           ,
           &
           
             edicto
             principis
          
           monopolia
           quandoque
           probari
           :
           Commercia
           
             ad
             certas
             personas
             &
             loca
          
           restringi
           videmus
           .
        
         
           Idem
           Decis
           .
           4.
           
           N.
           10.
           
           &
           N.
           13.
           
           Nimirum
           exercitium
           ac
           permissio
           monopoliorum
           à
           principis
           arbitrio
           dependet
           ,
           &c.
           Scacca
           de
           Commerci●s
           .
           
             Q.
             7.
             fol.
             301.
             
             N.
          
           15.
           
           Hoc
           non
           procedit
           in
           monopolio
           ,
           autoritate
           principis
           sive
           Reipub.
           contracto
           .
           Quia
           sicut
           monopolia
           ,
           privatâ
           autoritate
           contracta
           Reipub.
           sunt
           perniciosa
           :
           Ita
           haec
           ,
           quae
           legis
           autoritate
           ,
           ex
           justa
           contrahuntur
           causa
           Reipub.
           valde
           utilia
           sunt
           .
        
         
           Grotius
           de
           
             J.
             B.
          
           &
           P.
           lib.
           2.
           cap.
           12.
           sect
           .
           16.
           
           Monopolia
           non
           omnia
           cum
           jure
           naturae
           pugnant
           :
           Nam
           possunt
           interdum
           à
           summa
           potestate
           permitti
           ,
           justa
           de
           causa
           &
           pretio
           .
        
         
           He
           gives
           amongst
           others
           these
           two
           Examples
           .
        
         
           I.
           From
           the
           History
           of
           Joseph
           ,
           when
           he
           was
           Vice-roy
           in
           Egypt
           ,
           Which
           is
           ,
           says
           he
           ,
           an
           illustrious
           instance
           of
           this
           matter
           .
        
         
           II.
           That
           under
           the
           Romans
           ,
           the
           Alexandrians
           had
           the
           sole
           Trade
           for
           all
           Indian
           and
           Ethiopick
           Commodities
           .
        
         
           So
           
             Thuanus
             ,
             lib.
          
           32.
           gives
           an
           instance
           of
           a
           Grant
           from
           the
           French
           King
           ,
           An
           ,
           1604.
           for
           the
           sole
           Trade
           into
           Canada
           or
           new
           France
           ,
           for
           which
           he
           gives
           this
           reason
           ,
           
             Ne
             gravis
             esset
             aerario
             ad
             sublevandos
             Navigationis
             illinc
             institutae
             sumptus
             .
          
        
         
           Which
           I
           conceive
           will
           go
           a
           great
           way
           in
           supporting
           all
           such
           Trading
           Companies
           ,
           as
           cannot
           be
           begun
           but
           by
           a
           publick
           Expence
           .
        
         
           C.
           de
           monopoliis
           
             the
             Prohibition
             is
             expresly
             limited
          
           ,
           Nisi
           Privilegium
           vel
           alia
           Consuetudo
           in
           utilitatem
           publicam
           vergens
           resistat
           .
        
         
           Mercatura
           est
           res
           indifferens
           ,
           in
           qua
           magistratus
           ,
           vel
           in
           vetando
           ,
           vel
           permittendo
           suam
           pro
           Commodo
           Reipub.
           potest
           interponere
           Autoritatem
           .
           Salmas
           .
           
             de
             foen
          
           Trapezit
           .
           fol.
           236.
           
           Hoc
           solum
           permissum
           est
           Regi
           ut
           possit
           prohibere
           ,
           ne
           aliis
           vendat
           salem
           .
           Alciat
           .
           in
           Q.
           inter
           publica
           17.
           in
           Fin.
           
             F.
             de
          
           verb.
           Sign
           .
           
             As
             it
             is
             at
             this
             day
             practised
             in
          
           France
           ,
           Thuan.
           lib.
           5.
           
        
         
           Sic
           in
           sale
           vendensi
           ,
           monopolia
           etiam
           hodie
           in
           Italiâ
           licite
           exerceri
           ,
           è
           Superiorum
           permissione
           .
           Scaccha
           de
           mercat
           .
           
             part
             .
             4.
             
             N.
          
           30.
           
        
         
           Sic
           in
           Reipub.
           Lubecensi
           ,
           certis
           quibusdam
           mercatoribus
           ob
           praedictas
           rationes
           Jus
           coquendi
           Sacchari
           ,
           &
           salis
           speciali
           Privilegio
           concessum
           est
           .
           Marguard
           .
           
             lib.
             4.
             c.
             7.
             
             N.
          
           29.
           
        
         
           And
           then
           as
           to
           the
           Usage
           .
        
         
           Haec
           est
           communissima
           omnium
           ,
           nullo
           prorsus
           reluctante
           Doctorum
           sententia
           ,
           quod
           jura
           hujusmodi
           Emporalia
           &
           Regalia
           possunt
           acquiri
           non
           modo
           per
           concessionem
           summi
           principis
           sed
           etiam
           Consuetudine
           &
           Praescriptione
           .
           Lessius
           de
           Justitia
           ,
           
             lib.
             2.
             c.
             22.
             
             Dub.
          
           21.
           
        
         
           By
           the
           Imperial
           Laws
           ,
           Commerce
           and
           Traffick
           have
           received
           several
           other
           limitations
           ;
           sometimes
           the
           Subjects
           of
           the
           Empire
           have
           been
           forbidden
           to
           trade
           to
           certain
           places
           particularly
           named
           .
           And
           in
           general
           by
           other
           Constitutions
           forbidden
           to
           export
           Coin
           ,
           Gold
           or
           Arms
           to
           any
           of
           the
           barbarous
           Nations
           .
        
         
         
           And
           that
           the
           Law
           or
           Custom
           of
           Nations
           is
           so
           ,
           the
           practice
           does
           evince
           .
        
         
           And
           first
           in
           Germany
           ,
           where
           the
           Law
           prohibiteth
           all
           Monopolies
           ;
           yet
           see
           how
           the
           Law
           there
           stands
           in
           respect
           of
           our
           Case
           .
        
         
           Circa
           Monopolia
           autem
           ,
           quae
           exercentur
           adversus
           Cives
           ,
           observandum
           ,
           non
           esse
           illicitum
           ,
           si
           non
           cuivis
           quodvis
           negotiationis
           genus
           exercere
           conceditur
           ,
           sed
           
             illis
             duntaxat
          
           qui
           ad
           idem
           exercendum
           juxta
           instituta
           Civitatis
           sibi
           Jus
           quaesiverunt
           ,
           quemadmodum
           in
           rebuspub
           .
           Europaeis
           tecta
           quaedam
           praestitisse
           oportet
           eum
           ,
           qui
           mercatorium
           aut
           opificium
           aliquod
           t●ll●re
           vult
           .
        
         
           This
           as
           to
           Corporations
           .
        
         
           As
           to
           Trading
           Societies
           ,
           thus
           :
        
         
           Sed
           &
           fieri
           potest
           ,
           ut
           à
           
             summa
             potestate
             Societati
             mercatorum
             indulgeatur
             certum
             genus
          
           Mercium
           ex
           
             certis
             locis
          
           advehere
           ,
           
             exclusis
             reliquis
          
           ,
           cujus
           privilegii
           concedendi
           variae
           possunt
           esse
           Causae
           .
        
         
           I.
           Nam
           Commercia
           quae
           ad
           
             loca
             remotissima
          
           instituerentur
           ,
           priusquam
           rite
           stabiliantur
           ,
           magnos
           requirunt
           sumptus
           &
           
             ancipiti
             eventui
             initio
             sunt
             obnoxia
          
           ;
           Ergo
           Authoribus
           talium
           Commerciorum
           cavendum
           est
           ,
           
             Ne
             quod
             ab
             ipsis
          
           constitutum
           
             magno
             cum
             periculo
          
           &
           sumptu
           sunt
           ,
           alii
           
             gratis
             intercipiant
          
           .
        
         
           II.
           Ac
           praeterea
           ejusmodi
           Societates
           privilegiatae
           opibus
           suis
           Reipub
           .
           exigente
           necessitate
           ,
           felicius
           possunt
           quam
           singula
           succurrere
           .
        
         
           III.
           Videntur
           etiam
           meliori
           fide
           Commercia
           tractari
           ,
           ac
           
             Majorem
             Copiam
             Mercium
          
           hoc
           modo
           posse
           advehi
           ,
           neque
           de
           tot
           fraudibus
           &
           compendiis
           cogitare
           necessum
           habent
           ,
           quorum
           lucrum
           in
           commune
           velut
           aerarium
           redactum
           aequalibus
           portionibus
           distribuitur
           .
        
         
           Puffendorf
           de
           Jure
           Naturae
           &
           Gentium
           ,
           
             lib.
             5.
             fol.
             655.
             
             A
             learned
             Author
             does
             more
             at
             large
             describe
             it
             .
          
        
         
           It
           has
           been
           a
           Question
           sometimes
           debated
           ,
           Whether
           the
           Society
           entred
           into
           by
           the
           
             Hanse
             Towns
          
           were
           not
           against
           Law
           :
           
             Quippe
             quod
             speciem
             Monopolii
             prae
             se
             ferre
             videtur
             ,
             ut
             certis
             locis
             merces
             emant
             confaederati
             quae
             rursus
             pretio
             eo
             ,
             quo
             volunt
             ,
             vendant
             .
          
        
         
           This
           is
           the
           same
           Objection
           now
           made
           against
           the
           Charter
           at
           the
           Bar.
           
        
         
           But
           the
           Answer
           given
           was
           twofold
           ,
           and
           will
           come
           home
           to
           this
           Case
           .
        
         
           I.
           That
           the
           Emperour
           Charles
           IV.
           has
           given
           his
           approbation
           ,
           and
           made
           it
           lawful
           by
           his
           Authority
           .
        
         
           II.
           That
           they
           had
           continued
           in
           possession
           of
           this
           Society
           so
           long
           ,
           that
           now
           the
           length
           of
           time
           (
           together
           with
           the
           Prince's
           consent
           )
           removed
           all
           doubt
           whatsoever
           ,
           
             Carpsovirez
             de
             Lege
             Regia
             Germanorum
          
           ,
           cap.
           6.
           sect
           .
           10.
           
           And
           the
           Charter
           now
           in
           Question
           ,
           and
           other
           Charters
           of
           like
           nature
           granted
           by
           the
           Kings
           of
           England
           ,
           which
           I
           shall
           have
           occasion
           to
           remember
           by
           and
           by
           ,
           remained
           undisturbed
           without
           the
           least
           interruption
           as
           long
           as
           this
           Society
           did
           before
           this
           Question
           was
           stated
           .
        
         
           And
           though
           according
           to
           the
           Rules
           of
           our
           Laws
           ,
           such
           a
           length
           of
           time
           does
           not
           obtain
           the
           Credit
           of
           a
           Prescription
           ;
           yet
           by
           the
           Law
           of
           Nations
           and
           the
           practices
           of
           all
           other
           Countries
           which
           are
           only
           adapted
           for
           this
           purpose
           ,
           it
           is
           otherwise
           .
           
             Praescriptio
             enim
             tam
             longi
             temporis
             vim
             legis
             obtinet
             ,
             imo
             tollit
             omne
             vitium
             .
          
        
         
         
           Praescriptio
           temporis
           Immemorialis
           ,
           quae
           privilegiata
           est
           ,
           &
           ex
           vitioso
           etiam
           titulo
           dominium
           &
           jus
           tribuit
           ,
           omnesque
           Solemnitates
           ,
           etiam
           extrinsecus
           ,
           negotio
           accessisse
           praesumit
           tanti
           temporis
           Antiquitas
           ,
           num
           .
           10.
           n.
           Atque
           omnem
           Monopolii
           respectum
           
             Consuetudo
             Immemorialis
          
           vel
           
             Caesarum
             approbatio
          
           excludit
           ,
           n.
           10.
           26.
           
        
         
           Quia
           Consuetudo
           Immemorialis
           Caesarum
           scitu
           &
           concessu
           haec
           antiqua
           societas
           fulcitur
           omnis
           Monopolii
           respectus
           etiam
           minimus
           laeserat
           ,
           Marg.
           
             lib.
             4.
             cap.
             7.
             n.
          
           50.
           
        
         
           And
           as
           these
           Hanse
           Towns
           were
           one
           of
           the
           first
           Corporations
           of
           Trade
           ,
           I
           have
           read
           of
           ,
           so
           was
           it
           thought
           the
           Interest
           of
           England
           to
           support
           and
           encourage
           them
           .
           I
           find
           above
           60
           (
           some
           say
           80
           )
           Towns
           and
           Cities
           united
           their
           Stocks
           ,
           making
           
             Lubeck
             ,
             Brunswick
             ,
             Dantzick
          
           and
           Cullen
           ,
           the
           chief
           places
           of
           their
           Residence
           ;
           and
           so
           great
           was
           their
           Trade
           and
           Credit
           under
           that
           Constitution
           ,
           that
           many
           Princes
           granted
           them
           large
           Priviledges
           ,
           and
           they
           kept
           Courts
           by
           their
           Deputies
           and
           Councels
           at
           Bergen
           .
        
         
           By
           the
           Laws
           of
           Spain
           ,
           all
           Monopolies
           are
           forbidden
           ,
           and
           under
           the
           same
           Penalties
           appointed
           by
           the
           Civil
           Law
           :
           Yet
           there
           also
           a
           right
           may
           be
           acquired
           to
           a
           sole
           Trade
           ,
           by
           Licence
           obtained
           from
           the
           King
           ,
           or
           by
           Prescription
           .
        
         
           Quinta
           partida
           Tit.
           7.
           leg
           .
           2.
           membris
           hoc
           Commercium
           Maritimum
           exclusis
           caeteris
           ad
           20
           annos
           concederetur
           .
        
         
           Neque
           ulla
           re
           se
           magis
           prodidit
           Imperii
           odium
           Batavicae
           nostris
           diebus
           ,
           (
           Deo
           ita
           volente
           )
           constituti
           magnitudo
           ,
           &
           felicitas
           ,
           quam
           Navigationum
           in
           Indias
           Orientales
           susceptarum
           Constantia
           &
           Successus
           ,
           ad
           quas
           ut
           
             aerario
             parceretur
          
           Societates
           institutae
           ,
           Cautumque
           tandem
           ,
           ut
           sub
           unam
           Societatem
           omnes
           coirent
           ,
           quod
           alioqui
           experimento
           constitisset
           ,
           
             Aromatum
             pretia
          
           ab
           Insulanis
           
             ob
             emptorum
             Frequentiam
             augeri
          
           &
           cum
           alii
           aliis
           
             praevertere
             &
             lucrum
          
           ad
           se
           aliorum
           damno
           derivare
           satagerent
           ,
           ubi
           concordia
           maxima
           est
           opus
           ,
           aemulationum
           &
           dissidii
           semina
           spargi
           .
        
         
           I
           come
           in
           the
           next
           place
           to
           make
           it
           appear
           ,
           that
           as
           well
           as
           the
           Law
           of
           Nations
           ,
           and
           the
           Practice
           of
           all
           other
           Countries
           ,
           warrants
           the
           like
           Grants
           and
           Restrictions
           with
           the
           Case
           at
           the
           Bar
           ;
           so
           I
           conceive
           this
           Charter
           of
           sole
           Trade
           to
           the
           Indies
           ,
           excluding
           others
           ,
           is
           neither
           opposed
           by
           the
           Common
           Law
           ,
           or
           prohibited
           by
           any
           Act
           of
           Parliament
           ;
           but
           is
           supported
           by
           both
           ,
           as
           will
           more
           evidently
           appear
           by
           the
           practice
           and
           constant
           usage
           in
           all
           times
           .
        
         
           Therefore
           ,
           tho
           engrossing
           be
           a
           Crime
           ,
           odious
           in
           the
           Law
           ,
           and
           punishable
           ;
           yet
           all
           manner
           of
           engrossing
           is
           not
           .
        
         
           Therefore
           in
           the
           Case
           of
           Foreign
           Trade
           ,
           which
           is
           only
           applicable
           to
           the
           Case
           at
           the
           Bar
           ,
           it
           was
           resolved
           by
           all
           the
           Judges
           of
           
             England
             ,
             3.
             
             Instit.
          
           196.
           
           That
           Merchants
           may
           buy
           beyond
           Sea
           in
           gross
           ,
           and
           sell
           here
           again
           in
           gross
           also
           ;
           I
           say
           ,
           that
           all
           Monopolies
           are
           not
           unlawful
           .
           Generally
           speaking
           they
           are
           ,
           and
           therefore
           I
           will
           admit
           the
           Description
           of
           an
           unlawful
           Monopoly
           ,
           made
           by
           my
           Lord
           
             Cook
             ,
             3.
             
             Instit.
          
           181.
           
        
         
           A
           Monopoly
           ,
           is
           an
           Institution
           or
           Allowance
           by
           the
           King
           ,
           by
           his
           Grant
           ,
           Commission
           or
           otherwise
           ,
           to
           any
           Person
           or
           Persons
           ,
           Bodies
           Politick
           or
           Corporate
           ,
           of
           or
           for
           the
           sole
           buying
           ,
           selling
           ,
           making
           ,
           working
           ,
           or
           using
           any
           thing
           whereby
           any
           Person
           or
           Persons
           ,
           Bodies
           Politick
           or
           Corporate
           ,
           are
           sought
           to
           be
           restrained
           of
           any
           Freedom
           or
           Liberty
           they
           had
           before
           ,
           or
           hindred
           in
           their
           lawful
           Trade
           .
        
         
         
           Now
           if
           the
           Subjects
           of
           England
           had
           not
           before
           this
           Grant
           ,
           a
           freedom
           and
           liberty
           to
           Trade
           to
           the
           Indies
           ,
           against
           the
           King's
           Royal
           Pleasure
           ,
           the
           Charter
           at
           the
           Bar
           will
           be
           no
           Monopoly
           within
           that
           Rule
           .
        
         
           Now
           that
           they
           had
           no
           such
           liberty
           ,
           hath
           been
           sufficiently
           proved
           by
           the
           several
           Prohibitions
           mentioned
           before
           ,
           and
           the
           many
           more
           Instances
           thereof
           cited
           by
           Mr.
           Attorney
           and
           Mr.
           Sollicitor
           ;
           and
           it
           would
           be
           very
           strange
           ,
           that
           the
           King
           might
           prohibit
           Foreigners
           from
           coming
           here
           into
           England
           ,
           and
           not
           prohibit
           his
           own
           Subjects
           from
           going
           into
           Foreign
           Countries
           .
        
         
           And
           it
           is
           not
           denied
           ,
           but
           if
           the
           King
           should
           Proclaim
           a
           War
           with
           the
           Indians
           ,
           that
           then
           it
           would
           be
           a
           Prohibition
           to
           all
           his
           Subjects
           to
           have
           any
           Commerce
           with
           them
           ;
           nay
           ,
           and
           he
           might
           continue
           that
           War
           as
           long
           as
           he
           pleases
           ,
           and
           by
           that
           means
           all
           his
           Subjects
           would
           be
           as
           well
           prevented
           of
           any
           of
           the
           Commodities
           of
           that
           Country
           :
           and
           also
           of
           exporting
           any
           of
           our
           Commodities
           thither
           :
           So
           that
           surely
           this
           Charter
           ,
           with
           these
           Restrictions
           ,
           is
           much
           better
           than
           a
           total
           Exclusion
           ;
           and
           therefore
           Foreign
           Trade
           is
           not
           like
           our
           home
           Trade
           ,
           to
           which
           the
           word
           Monopolies
           is
           properly
           applicable
           ;
           for
           that
           cannot
           be
           totally
           excluded
           for
           any
           time
           ,
           tho
           never
           so
           small
           by
           any
           Act
           of
           Prerogative
           .
        
         
           Object
           .
           Ay
           but
           ,
           say
           the
           Defendant's
           Councel
           ,
           tho
           the
           King
           can
           by
           his
           Prerogative
           ,
           prohibit
           all
           Trade
           to
           any
           Country
           upon
           such
           great
           Emergencies
           as
           War
           and
           Plague
           ,
           &c.
           yet
           to
           grant
           liberty
           to
           some
           ,
           and
           exclude
           others
           ,
           that
           makes
           the
           Grant
           at
           the
           Bar
           be
           thought
           a
           Monopoly
           ,
           which
           is
           still
           begging
           the
           Question
           ;
           for
           if
           the
           King
           by
           his
           Prerogative
           ,
           have
           the
           power
           of
           restraining
           and
           disposing
           Foreign
           Trade
           ,
           where
           Acts
           of
           Parliament
           have
           not
           interposed
           ,
           as
           by
           the
           Presidents
           already
           cited
           I
           conceive
           clearly
           he
           has
           as
           inherent
           to
           his
           Crown
           ,
           and
           therefore
           ,
           as
           he
           may
           restrain
           all
           ,
           so
           he
           may
           restrain
           any
           part
           by
           the
           same
           parity
           of
           Reason
           .
        
         
           If
           the
           King
           proclaims
           a
           War
           with
           any
           Country
           ,
           which
           is
           a
           general
           Prohibition
           of
           Trade
           ,
           and
           should
           order
           ,
           that
           
             John
             a
             Styles
          
           ,
           or
           a
           dozen
           or
           any
           greater
           number
           of
           his
           Subjects
           ,
           &c.
           and
           give
           them
           Instructions
           to
           treat
           for
           a
           Peace
           ,
           and
           the
           Persons
           so
           appointed
           should
           carry
           on
           a
           Trade
           ,
           would
           not
           Mr.
           Sands
           ,
           do
           you
           think
           ,
           have
           as
           much
           reason
           to
           murmur
           ,
           that
           he
           was
           none
           of
           those
           Ambassadors
           ,
           as
           he
           has
           now
           by
           being
           not
           comprized
           within
           the
           Charters
           ?
           And
           would
           it
           not
           be
           thought
           an
           Arrogancy
           and
           Sauciness
           in
           him
           to
           demand
           an
           account
           of
           the
           Instruction
           given
           by
           the
           King
           to
           such
           Ambassadors
           ?
           or
           durst
           he
           Trade
           there
           till
           a
           Peace
           were
           proclaimed
           with
           that
           Country
           ?
        
         
           
             And
             the
             gloss
             upon
             that
             Law
             says
          
           Mercatores
           non
           faciant
           inter
           Monopolium
           de
           re
           non
           vendenda
           nisi
           pro
           certo
           pretio
           ,
           vel
           de
           non
           exercendo
           officium
           nisi
           per
           eos
           recipiatur
           Officiales
           &
           Socios
           :
           Possunt
           tamen
           haec
           facere
           cum
           consensu
           &
           scientia
           Regis
           &
           contra
           facientes
           perpetuo
           exulabunt
           ,
           &
           eorum
           bona
           Regi
           applicantur
           .
        
         
           Ex
           Privilegio
           ergo
           Regis
           possunt
           similiter
           &
           Consuetudine
           vel
           praescriptione
           ,
           quia
           quod
           Privilegio
           acquiritur
           ,
           etiam
           praescriptione
           acquiri
           potest
           .
        
         
           
             And
             there
             quotes
          
           ubi
           dicitur
           ,
           quod
           potest
           concedi
           Privilegium
           ;
           quod
           quis
           solus
           piscetur
           in
           certa
           parte
           Maris
           ,
           &
           aliàs
           potest
           prohibere
           .
        
         
           3.
           
           In
           France
           
             Monopolies
             are
             prohibited
             also
          
           ,
           Sub
           poena
           Confiscationis
           corporis
           &
           bonorum
           indict
           .
           Const.
           Fr.
           1.
           
           Art.
           191.
           
        
         
         
           Notwithstanding
           which
           ,
           there
           are
           established
           several
           Corporations
           for
           Trade
           ,
           I
           will
           name
           but
           two
           ,
           Anno
           1657.
           
           The
           French
           King
           makes
           a
           grant
           of
           the
           sole
           Fishery
           in
           his
           Dominions
           to
           a
           Society
           ,
           excluding
           others
           upon
           pain
           that
           Interlopers
           should
           incur
           the
           Penalty
           
             de
             Confiscation
             des
             vaisseaux
             &
             Merchantdizes
             &
             de
             dix
             mille
             Livres
             d'
             Amendes
             .
             Aytz.
          
           vol.
           4.
           
           Pag.
           207.
           
        
         
           And
           in
           the
           Year
           1664.
           the
           East-India
           Company
           by
           his
           Declaration
           ,
           with
           an
           Exclusion
           to
           all
           others
           ,
           like
           our
           East-India
           Company
           p.
           74
           ,
           75.
           
        
         
           In
           the
           
             Vnited
             Provinces
          
           ,
           the
           Laws
           against
           Monopolies
           are
           the
           same
           ,
           yet
           there
           always
           were
           several
           Trading
           Corporations
           exclusive
           of
           all
           others
           ,
           3
           June
           1621.
           
           In
           the
           Charter
           of
           the
           
             Dutch
             West-India
          
           Company
           ,
           it
           is
           granted
           thus
           ;
           And
           in
           case
           any
           one
           shall
           go
           to
           or
           negotiate
           in
           any
           of
           the
           aforesaid
           Places
           granted
           to
           this
           Company
           ,
           without
           consent
           of
           the
           said
           Company
           ,
           it
           shall
           be
           upon
           pain
           and
           forfeiture
           of
           such
           Ship
           and
           Goods
           ,
           as
           shall
           be
           found
           to
           Trade
           in
           those
           Coasts
           and
           Places
           ,
           which
           being
           presently
           and
           on
           all
           sides
           on
           the
           behalf
           of
           the
           said
           Company
           set
           upon
           ,
           taken
           ,
           and
           as
           forfeited
           ,
           shall
           be
           and
           remain
           to
           the
           Use
           of
           the
           said
           Company
           .
           Aytz.
           vol.
           1.
           p.
           62.
           
           Sess.
           1.
           
        
         
           And
           in
           case
           such
           Ships
           or
           Goods
           be
           sold
           ,
           or
           fly
           into
           Lands
           or
           Havens
           ,
           the
           Riggers
           and
           Part-owners
           thereof
           shall
           and
           may
           be
           distrained
           to
           the
           value
           of
           the
           said
           Ships
           and
           Goods
           .
        
         
           That
           the
           aforesaid
           Company
           shall
           within
           the
           said
           limits
           make
           Governors
           ,
           Officers
           of
           War
           and
           Justice
           ;
           and
           for
           the
           other
           necessary
           Services
           for
           the
           Preservation
           of
           the
           Places
           ,
           and
           maintaining
           of
           good
           Order
           ,
           Policy
           and
           Justice
           ,
           and
           the
           advancement
           of
           their
           Trade
           ,
           shall
           appoint
           ,
           dispose
           and
           displace
           ,
           and
           substitute
           others
           in
           their
           Places
           ,
           as
           they
           shall
           find
           their
           Affairs
           do
           require
           .
        
         
           All
           Ships
           coming
           to
           any
           place
           where
           the
           Company
           have
           their
           Garison
           and
           Government
           ,
           shall
           not
           transport
           thence
           any
           Men
           ,
           Goods
           or
           Money
           ,
           without
           leave
           and
           consent
           of
           the
           Councel
           ,
           upon
           the
           pain
           and
           forfeiture
           of
           six
           Months
           wages
           ,
           &c.
           
        
         
           In
           the
           Grant
           to
           the
           
             Dutch
             India
          
           Company
           ,
           20.
           
           Mar.
           1602.
           
           That
           no
           body
           ,
           of
           what
           Quality
           or
           Condition
           soever
           ,
           shall
           ,
           for
           the
           space
           of
           twenty
           one
           years
           pass
           Eastwards
           of
           the
           
             Cape
             of
             Good
             Hope
          
           ,
           upon
           forfeiture
           of
           Ships
           and
           Goods
           .
           Aytz.
           1.
           vol.
           fol.
           157.
           
        
         
           That
           the
           said
           Company
           may
           appoint
           Governours
           and
           Offices
           of
           War
           and
           Justice
           ,
           and
           for
           other
           necessary
           Services
           ,
           for
           the
           Preservation
           of
           their
           Places
           and
           Maintenance
           of
           good
           Order
           ,
           Policy
           and
           Justice
           .
        
         
           The
           said
           Officers
           to
           take
           the
           Oath
           of
           Supremacy
           to
           the
           
             States
             General
          
           ,
           and
           of
           Fidelity
           ,
           as
           to
           what
           concerns
           Trade
           and
           Traffick
           to
           the
           Company
           .
        
         
           And
           afterwards
           ,
           the
           9th
           of
           Sept.
           1606.
           a
           Placaet
           was
           published
           ,
           That
           no
           body
           ,
           directly
           or
           indirectly
           ,
           shall
           pass
           or
           trade
           beyond
           the
           
             Cape
             of
             Good
             Hope
          
           ,
           upon
           pain
           of
           Death
           and
           forfeiture
           of
           their
           Ships
           or
           Goods
           ,
           which
           shall
           be
           found
           to
           have
           done
           or
           to
           do
           so
           .
           And
           tho
           they
           should
           absent
           themselves
           out
           of
           the
           
             Vnited
             Provinces
          
           ,
           yet
           the
           Sentence
           shall
           go
           on
           and
           be
           decreed
           and
           executed
           ,
           with
           the
           present
           Confiscation
           ,
           and
           selling
           of
           their
           Goods
           ,
           Actions
           and
           Credits
           .
        
         
           Idem
           Page
           158.
           
           And
           surely
           the
           Dutch
           have
           been
           always
           by
           us
           esteemed
           as
           our
           greatest
           and
           most
           dangerous
           Rivals
           in
           Trade
           .
        
         
           And
           as
           for
           the
           Reason
           and
           Necessity
           of
           establishing
           this
           way
           of
           Trading
           by
           Companies
           ,
           see
           the
           Judgment
           of
           
             Thuanus
             ,
             lib.
             Hist.
             124.
             
             &
          
           130.
           
        
         
         
           
             Where
             making
             mention
             of
             the
          
           East-Indies
           ,
           
             he
             saith
             thus
          
           :
           Diversis
           itineribus
           hujus
           Regionis
           Incolarumque
           Ingeniis
           cognitis
           tanta
           frequentiâ
           
             à
             privatis
          
           haec
           ipsa
           Navigatio
           &
           Commercium
           exercitum
           fuit
           ut
           
             alter
             alterum
             fere
             ivisset
             perditum
          
           .
        
         
           Ad
           obviandum
           itaque
           huic
           malo
           ,
           visum
           fuit
           ,
           An.
           1602.
           quibusdam
           hujus
           Navigationis
           mercatoribus
           ,
           praepotentum
           Ordinum
           consensu
           certum
           constituere
           corpus
           cujus
           tantummodo
           ,
           &c.
           
        
         
           The
           Indians
           being
           Infidels
           are
           by
           Laws
           esteemed
           common
           Enemies
           ,
           and
           the
           Opinion
           of
           my
           Lord
           Cook
           in
           
           Michelboum's
           Case
           I
           think
           therefore
           to
           be
           Law
           ,
           notwithstanding
           the
           Objections
           that
           have
           been
           made
           against
           it
           ,
           which
           none
           of
           our
           Books
           warrant
           ;
           Now
           the
           King
           by
           his
           Charter
           makes
           the
           Plantiffs
           as
           it
           were
           his
           Embassadours
           to
           concert
           a●
           Peace
           ,
           and
           Mr
           Sands
           murmurs
           because
           he
           is
           not
           one
           of
           them
           .
        
         
           The
           King
           may
           grant
           a
           Fair
           or
           Market
           to
           every
           Subject
           he
           has
           ,
           but
           because
           he
           grants
           that
           priviledg
           to
           some
           of
           his
           Subjects
           ,
           have
           the
           rest
           any
           just
           ground
           of
           complaint
           ;
           because
           the
           King
           may
           pardon
           every
           Offender
           ,
           but
           will
           not
           pardon
           any
           Highway-men
           now
           in
           Newgate
           ;
           must
           those
           Goal-birds
           therefore
           think
           themselves
           injured
           in
           their
           liberty
           and
           property
           ?
           Because
           the
           King
           granted
           to
           his
           Town
           of
           Hull
           ,
           that
           no
           other
           Ships
           should
           be
           there
           freighted
           for
           Forein
           parts
           ,
           till
           the
           Ships
           of
           that
           Town
           were
           first
           freighted
           ,
           as
           he
           did
           
             Rot.
             Claus.
             41.
             
             E.
             3.
             memb
             .
          
           25.
           did
           
             London
             ,
             Dover
          
           ,
           or
           any
           other
           Town
           of
           Trade
           complain
           ?
           Would
           any
           of
           these
           Gentlemen
           that
           contend
           for
           this
           liberty
           of
           Trade
           ,
           adventure
           with
           their
           Fortunes
           to
           Algiers
           ,
           and
           when
           they
           are
           seized
           upon
           by
           the
           Algierines
           ,
           tell
           them
           we
           are
           English-men
           ,
           and
           we
           have
           by
           the
           common
           Law
           of
           England
           ,
           and
           many
           Statutes
           of
           our
           Kingdom
           ,
           which
           support
           the
           liberty
           of
           the
           Subject
           ,
           a
           freedom
           to
           trade
           wherever
           we
           please
           ?
           Or
           would
           not
           they
           rather
           say
           ,
           we
           have
           a
           Pass
           from
           the
           King
           of
           England
           ,
           and
           rely
           upon
           that
           which
           presumes
           Treaties
           ,
           Leagues
           and
           Truces
           between
           Princes
           ;
           and
           in
           case
           that
           will
           not
           prevail
           ,
           the
           King
           will
           see
           them
           righted
           :
           And
           in
           the
           Charter
           that
           is
           now
           before
           us
           ,
           there
           is
           a
           particular
           restriction
           and
           limitation
           of
           Trade
           to
           any
           Prince
           in
           Amity
           with
           our
           King.
           
        
         
           Now
           as
           the
           constant
           Usage
           and
           practice
           of
           other
           Countries
           ,
           warrants
           such
           Societies
           as
           these
           ,
           so
           does
           ours
           too
           :
           for
           as
           I
           said
           ,
           the
           Hanse
           Towns
           were
           some
           of
           the
           first
           Corporations
           of
           Trade
           that
           we
           read
           of
           in
           History
           ;
           so
           was
           it
           thought
           the
           Interest
           of
           England
           to
           support
           and
           encourage
           them
           .
        
         
           
             K.
             H.
          
           III.
           gave
           them
           great
           Priviledges
           and
           the
           Still
           yards
           for
           their
           Residence
           ,
           which
           they
           enjoyed
           near
           three
           hundred
           years
           ,
           managing
           their
           Trade
           by
           an
           Alderman
           and
           Council
           called
           
             the
             Guild
             of
             the
             Hanse
          
           ,
           engrossing
           the
           Trade
           of
           England
           for
           Grain
           ,
           Cables
           ,
           Masts
           ,
           Pitch
           ,
           Tar
           ,
           &c.
           and
           under
           that
           colour
           the
           Jacobsons
           at
           this
           day
           claim
           several
           Priviledges
           .
        
         
           It
           is
           observed
           by
           many
           Historians
           ,
           that
           the
           most
           flourishing
           Trades
           have
           been
           begun
           by
           united
           Stocks
           and
           Policies
           .
        
         
           In
           this
           Kingdom
           a
           Patent
           was
           first
           obtained
           for
           the
           erecting
           the
           Staple
           ,
           from
           E.
           3.
           before
           any
           Act
           of
           Parliament
           intermedled
           in
           that
           Trade
           ,
           and
           proceeded
           under
           several
           Regulations
           till
           the
           time
           of
           Queen
           Eliz.
           In
           the
           Book
           I
           cited
           before
           
             Malyns
             Lex
             Mercatoria
          
           ,
           fol.
           150.
           says
           ,
           
           this
           Company
           of
           Merchants
           are
           above
           four
           hundred
           years
           standing
           ,
           as
           that
           Book
           reckons
           from
           1248.
           when
           the
           said
           Merchants
           obtained
           Priviledges
           of
           John
           Duke
           of
           Brabant
           ,
           and
           were
           called
           the
           Brotherhood
           of
           St.
           
             Thomas
             Becket
          
           of
           Canterbury
           ,
           which
           were
           confirmed
           by
           King
           
             E.
             3.
             
             H.
             4.
             
             H.
             5.
             
             E.
             4.
             
             H.
             6.
             
             R.
             3.
             
             H.
          
           7.
           who
           gave
           them
           the
           Name
           of
           Merchant-Adventurers
           ,
           and
           after
           him
           confirmed
           by
           
             H.
             8.
             
             E.
          
           6.
           
           Q.
           M.
           Q.
           Eliz.
           and
           King
           James
           ,
           not
           without
           many
           Enemies
           and
           Opposers
           ,
           especially
           ,
           says
           that
           Book
           of
           late
           ,
           taxing
           them
           to
           be
           Monopolies
           and
           unprofitable
           to
           the
           Commonwealth
           ,
           being
           that
           all
           our
           Cloaths
           are
           not
           Dressed
           and
           Dyed
           in
           England
           ,
           yet
           it
           still
           prevailed
           as
           being
           thought
           for
           publick
           good
           .
        
         
           And
           its
           observable
           ,
           that
           Queen
           Eliz.
           did
           not
           only
           confirm
           what
           was
           done
           by
           her
           Predecessors
           ,
           but
           augmented
           and
           greatly
           enlarged
           the
           priviledges
           of
           this
           antient
           Company
           ,
           and
           confirmed
           the
           Charter
           on
           the
           Muscovy
           Company
           ,
           granted
           by
           Philip
           and
           Mary
           ,
           and
           set
           up
           several
           other
           Companies
           ,
           as
           that
           of
           Exeter
           mentioned
           at
           the
           Bar
           ;
           the
           East-India
           Company
           ,
           the
           Levant
           and
           the
           East-land
           Company
           .
           And
           although
           that
           antient
           and
           beneficial
           Company
           of
           Staplers
           was
           often
           opposed
           by
           particular
           Persons
           ,
           and
           complained
           of
           as
           a
           Monopoly
           intrenching
           upon
           the
           liberty
           of
           the
           Subject
           in
           several
           Parliaments
           in
           the
           time
           of
           
             H.
             4.
             
             H.
             7.
             
             E.
          
           6.
           and
           Q.
           Mary
           ;
           yet
           all
           parties
           being
           heard
           ,
           these
           complaints
           were
           fully
           answered
           ,
           and
           the
           Companies
           priviledges
           ratified
           and
           enlarged
           .
        
         
           Again
           ,
           In
           Queen
           Eliz.
           time
           ,
           the
           Cloathiers
           having
           prevailed
           against
           the
           Company
           ,
           the
           Cloathing
           countreys
           were
           almost
           quickly
           ruined
           and
           reduced
           to
           that
           extremity
           ,
           that
           the
           29
           Eliz.
           the
           Lords
           of
           the
           Council
           sent
           for
           the
           Members
           of
           that
           Company
           ,
           desiring
           them
           to
           reassume
           their
           Priviledges
           ,
           and
           chearfully
           to
           proceed
           in
           their
           Society
           ,
           with
           assurance
           of
           all
           Countenance
           and
           Assistance
           from
           the
           Government
           .
           And
           in
           the
           Reign
           of
           King
           James
           ,
           after
           several
           Interlopers
           had
           endeavoured
           to
           destroy
           the
           Company
           ,
           the
           King
           published
           his
           Proclamation
           to
           restore
           the
           Company
           to
           its
           antient
           Priviledges
           .
        
         
           So
           did
           King
           Charles
           the
           First
           7.
           
           Dec.
           34.
           
           Reciting
           ,
           
             Whereas
             we
             have
             taken
             into
             our
             Princely
             consideration
             the
             manifold
             benefits
             that
             redound
             to
             this
             Kingdom
             ;
             and
             finding
             how
             much
             Order
             and
             Government
             will
             conduce
             to
             the
             encrease
             and
             advancement
             of
             the
             same
             ;
             We
             have
             thought
             fit
             with
             the
             advice
             of
             our
             Privy
             Councel
             ,
             &c.
             
          
           There
           He
           gives
           an
           establishment
           to
           the
           Company
           ,
           and
           prohibits
           any
           to
           intrudeupon
           their
           priviledges
           ,
           upon
           pain
           of
           such
           punishments
           as
           the
           Star-Chamber
           shall
           inflict
           .
        
         
           Since
           this
           it
           may
           be
           worth
           consideration
           ,
           whether
           the
           breaking
           of
           this
           Company
           has
           not
           occasioned
           the
           great
           decay
           of
           our
           Trade
           in
           Wool
           :
           it
           being
           agreeable
           to
           reason
           ,
           that
           as
           no
           Law
           can
           be
           effectual
           without
           Courts
           of
           Justice
           to
           put
           them
           in
           execution
           ,
           nor
           a
           stragling
           Army
           subsist
           without
           Discipline
           :
           so
           a
           stragling
           Trade
           managed
           by
           particular
           persons
           ,
           whilst
           every
           one
           strives
           to
           advance
           his
           own
           private
           Interest
           ,
           will
           ruine
           the
           Trade
           in
           general
           ,
           especially
           such
           a
           hazardous
           Trade
           as
           this
           to
           the
           East-Indies
           ,
           which
           already
           hath
           been
           so
           chargeable
           ,
           and
           can
           onely
           be
           prevented
           by
           the
           Conduct
           and
           Government
           of
           a
           publick
           Society
           :
           and
           surely
           to
           look
           after
           and
           settle
           these
           matters
           ,
           properly
           belongs
           to
           the
           care
           and
           prudence
           of
           our
           Governours
           .
        
         
         
           Now
           I
           shall
           observe
           how
           the
           practice
           has
           been
           both
           in
           Qeen
           Elizabeths
           time
           and
           ever
           since
           ,
           and
           that
           although
           many
           Charters
           like
           ours
           at
           the
           Bar
           have
           been
           granted
           ,
           and
           none
           ever
           demanded
           by
           any
           Judgment
           in
           
           Westminster-Hall
           ,
           or
           so
           much
           as
           objected
           against
           ,
           save
           onely
           that
           of
           the
           Canary
           Patent
           ,
           till
           this
           Cause
           at
           the
           Bar
           ,
           and
           tho
           several
           attempts
           have
           been
           made
           both
           in
           Parliament
           and
           in
           the
           Courts
           at
           
           Westminster-Hall
           against
           Monopolies
           ;
           yet
           this
           Charter
           and
           others
           of
           the
           like
           nature
           were
           never
           look'd
           upon
           under
           that
           Character
           :
           for
           instance
           .
        
         
           I.
           A
           Charter
           was
           granted
           2.
           of
           Eliz.
           to
           the
           Merchants
           of
           Exeter
           for
           the
           sole
           Trade
           of
           France
           ,
           excluding
           all
           other
           Merchants
           of
           Exeter
           not
           of
           that
           Company
           ,
           continued
           undisturbed
           ,
           and
           prevailed
           against
           a
           great
           opposition
           that
           was
           made
           against
           it
           in
           Parliament
           .
           King
           Edward
           VI.
           and
           King
           Philip
           and
           Mary
           ,
           having
           granted
           a
           Charter
           like
           ours
           to
           the
           Russia
           Company
           ,
           which
           continued
           in
           peace
           till
           the
           8.
           of
           the
           Queen
           ,
           when
           the
           Parliament
           taking
           notice
           of
           that
           Patent
           ,
           thought
           fit
           to
           confirm
           it
           with
           all
           the
           commendations
           imaginable
           ,
           and
           was
           so
           far
           from
           thinking
           it
           a
           Monopoly
           ,
           that
           it
           says
           ,
           the
           Commonwealth
           before
           that
           time
           had
           received
           great
           advantages
           by
           it
           ,
           and
           grants
           ,
           and
           inflicts
           greater
           and
           other
           Penalties
           than
           were
           or
           could
           be
           inflicted
           by
           the
           Letters
           Patents
           :
           and
           it
           is
           observable
           ,
           that
           there
           were
           some
           Interlopers
           upon
           that
           Trade
           in
           those
           days
           ,
           and
           had
           been
           liable
           to
           the
           Forfeitures
           inflicted
           by
           those
           Letters
           Patents
           ,
           and
           were
           therefore
           forced
           to
           apply
           themselves
           to
           that
           Parliament
           ,
           and
           did
           obtain
           a
           special
           Proviso
           to
           excuse
           those
           Forfeitures
           ,
           which
           had
           not
           that
           Act
           of
           Parliament
           been
           made
           ,
           they
           had
           been
           liable
           to
           ,
           which
           I
           take
           to
           be
           an
           Authority
           full
           as
           to
           the
           case
           at
           the
           Bar.
           
        
         
           Queen
           Elizabeth
           during
           her
           Reign
           granted
           several
           Charters
           of
           the
           like
           nature
           ,
           which
           pass'd
           the
           perusal
           of
           her
           Attorney
           and
           Sollicitor
           ,
           learned
           Men
           in
           our
           Profession
           .
           In
           the
           beginning
           of
           her
           Reign
           my
           Lord
           Chief
           Baron
           Weston
           was
           Sollicitor
           ,
           Sir
           
             Gilbert
             Gerrard
          
           Attorney
           General
           ,
           and
           pass'd
           those
           Patents
           both
           to
           the
           Russia
           and
           Exeter
           Companies
           :
           23
           Eliz.
           my
           Lord
           Chief
           Justice
           Popham
           was
           Attorney
           ,
           and
           Lord
           Chancellour
           Egerton
           Sollicitor
           ,
           in
           whose
           times
           some
           few
           such
           Charters
           were
           also
           granted
           like
           to
           this
           at
           the
           Bar
           :
           and
           then
           my
           Lord
           Cook
           was
           Attorney
           General
           ,
           and
           my
           Lord
           Chief
           Baron
           Flemming
           Sollicitor
           General
           ,
           who
           approved
           thereof
           ;
           and
           it
           is
           observable
           ,
           that
           in
           the
           43
           and
           44
           of
           the
           Queen
           ,
           the
           Parliament
           took
           notice
           of
           many
           Patents
           of
           Monopolies
           ,
           as
           it
           appears
           by
           the
           Books
           cited
           at
           the
           Bar.
           
           Townsend's
           Collections
           244
           and
           245.
           the
           Parliament
           seem'd
           to
           be
           as
           high
           as
           ever
           they
           were
           in
           any
           Age
           before
           ,
           and
           particularly
           were
           incensed
           by
           those
           Pattents
           :
           a
           list
           of
           all
           were
           brought
           in
           by
           Mr.
           Secretary
           Caecil
           ,
           that
           were
           thought
           grievous
           or
           prejudicial
           to
           the
           Commonwealth
           ;
           and
           though
           there
           were
           a
           Catalogue
           of
           forty
           or
           fifty
           ,
           amongst
           whom
           that
           of
           Darcy
           is
           one
           ;
           yet
           the
           Parliament
           nor
           none
           other
           complained
           of
           any
           Charter
           granted
           to
           Corporations
           ,
           but
           they
           continued
           undisturbed
           .
           And
           by
           the
           way
           't
           is
           not
           amiss
           to
           observe
           ,
           that
           
           Darcy's
           Patent
           was
           not
           immediately
           damned
           in
           Parliament
           ,
           but
           referred
           to
           take
           its
           fate
           in
           
           Westminster-Hall
           ;
           the
           great
           reason
           that
           guided
           that
           Judgment
           was
           the
           restraint
           that
           was
           put
           upon
           the
           Home-Trade
           ;
           and
           so
           it
           appears
           in
           More
           's
           Reports
           672.
           and
           thus
           stood
           these
           Charters
           ;
           the
           China
           Charter
           ,
           the
           
           Turky
           Company
           ,
           the
           Barbary
           Company
           ,
           the
           Guiny
           Company
           ,
           all
           Charters
           of
           sole
           Trade
           ,
           excluding
           others
           ,
           remained
           in
           Trade
           during
           all
           Queen
           Elizabeths
           time
           .
        
         
           But
           in
           the
           third
           year
           of
           King
           James
           was
           the
           first
           Act
           made
           for
           opening
           a
           general
           Trade
           to
           
             Spain
             ,
             Portugal
          
           and
           France
           ,
           to
           all
           the
           King's
           Subjects
           ,
           which
           could
           not
           be
           done
           in
           
           Westminster-Hall
           ,
           as
           appears
           by
           the
           Preamble
           to
           that
           Act
           ;
           nor
           does
           that
           Act
           call
           those
           Charters
           Monopolies
           ,
           or
           open
           a
           free
           Trade
           to
           any
           other
           parts
           of
           the
           World
           ,
           but
           leaves
           all
           Charters
           of
           Forein
           Trade
           ,
           save
           to
           
             Spain
             ,
             Portugal
          
           and
           France
           ,
           to
           remain
           as
           they
           did
           before
           .
           And
           in
           the
           4.
           
           
             Jac.
             cap.
          
           9.
           there
           is
           notice
           taken
           particularly
           of
           the
           Charter
           granted
           to
           the
           Exeter
           Merchants
           of
           the
           sole
           Trade
           to
           France
           ,
           and
           because
           it
           was
           thought
           to
           be
           damned
           by
           the
           general
           words
           of
           that
           Statute
           D.
           3.
           yet
           it
           is
           there
           enacted
           and
           declared
           that
           the
           said
           Statute
           of
           Patents
           neither
           did
           or
           should
           dissolve
           ,
           annihilate
           ,
           or
           impeach
           the
           said
           Charter
           ,
           or
           the
           said
           Company
           in
           any
           of
           their
           Priviledges
           ,
           Liberties
           ,
           or
           Immunities
           granted
           unto
           them
           by
           the
           said
           Charter
           ,
           any
           thing
           contained
           in
           that
           general
           Act
           to
           the
           contrary
           notwithstanding
           ;
           and
           from
           this
           Act
           of
           Parliament
           .
           I
           observe
           two
           things
           :
        
         
           I.
           That
           the
           Parliament
           thought
           that
           the
           Charter
           to
           Exeter
           for
           sole
           Trade
           to
           France
           ,
           exclusive
           of
           others
           ,
           was
           for
           the
           publick
           benefit
           and
           weal
           of
           that
           City
           .
        
         
           II.
           That
           the
           Letters
           Patents
           were
           good
           in
           Law
           ,
           and
           did
           not
           want
           the
           assistance
           of
           an
           Act
           of
           Parliament
           to
           support
           them
           ;
           for
           that
           Act
           does
           not
           confirm
           those
           Letters
           Patents
           ,
           but
           provides
           onely
           that
           the
           Statute
           3.
           
           Jac.
           should
           not
           by
           general
           words
           be
           thought
           to
           Impeach
           or
           destroy
           them
           .
           Now
           had
           the
           Parliament
           thought
           the
           Charter
           void
           or
           infirm
           ,
           they
           might
           have
           confirmed
           or
           strengthened
           it
           as
           the
           Russia
           Patent
           was
           ;
           but
           they
           concluded
           ,
           that
           had
           it
           not
           been
           for
           the
           Statute
           of
           tertio
           ,
           the
           Charter
           was
           good
           to
           all
           intents
           and
           purposes
           :
           and
           this
           I
           take
           to
           be
           a
           full
           Authority
           in
           the
           Case
           at
           the
           Bar.
           But
           to
           proceed
           ,
           the
           Greenland
           Patent
           for
           sole
           Fishing
           exclusive
           of
           others
           granted
           by
           Queen
           Eliz.
           is
           held
           good
           ,
           Rolls
           part
           .
           5.
           fol.
           3.
           
           Taylor
           of
           Ipswich
           his
           Case
           ,
           and
           the
           Case
           of
           the
           Abbot
           of
           Westminster
           ,
           is
           agreed
           to
           be
           Law
           in
           
           Darcy's
           Case
           ,
           Moor
           673.
           by
           Mr.
           Justice
           Doderidge
           ;
           and
           by
           the
           way
           ,
           he
           gives
           good
           Advice
           to
           all
           Persons
           that
           dispute
           the
           King's
           Prerogative
           ;
           and
           for
           the
           friendship
           I
           bear
           to
           Mr.
           Sands
           and
           others
           that
           are
           now
           in
           Court
           ,
           and
           I
           think
           need
           the
           Advice
           ,
           I
           shall
           read
           the
           very
           words
           of
           the
           Book
           ,
           He
           that
           hews
           above
           his
           Hands
           Chips
           will
           fall
           into
           his
           Eyes
           :
           
             Et
             qui
             majestatem
             serutatur
             principis
             opprimetur
             splendore
             ejus
             .
          
        
         
           In
           King
           
           James's
           time
           many
           Grants
           like
           ours
           were
           made
           ,
           but
           particularly
           in
           7.
           
           Jac.
           the
           Patent
           granted
           to
           the
           East-India
           Company
           by
           Queen
           Eliz.
           was
           the
           advice
           of
           all
           her
           Council
           ,
           as
           well
           as
           by
           my
           Lord
           Hubbard
           then
           Attorney
           General
           ,
           and
           Sir
           
             Francis
             Bacon
          
           Sollicitor
           General
           ,
           confirmed
           and
           allowed
           ,
           with
           the
           same
           clauses
           as
           the
           Charter
           at
           the
           Bar
           ,
           and
           so
           remained
           undisturbed
           and
           uninterrupted
           all
           King
           
           James's
           Reign
           ,
           and
           was
           not
           thought
           to
           be
           any
           whit
           touched
           or
           aimed
           at
           by
           the
           Proviso
           in
           the
           Statute
           43
           
             Eliz.
             cap.
             1.
             sect
          
           .
           9.
           that
           Act
           only
           pointing
           at
           the
           Monopoly
           Patents
           complained
           of
           in
           that
           Parliament
           of
           43
           of
           the
           Queen
           ,
           which
           I
           mentioned
           before
           :
           Then
           comes
           the
           Statute
           so
           much
           insisted
           on
           by
           the
           Defendants
           Councel
           ,
           commonly
           called
           
             the
             
             Statute
             of
             Monopolies
          
           ,
           Stat.
           21
           Jac.
           cap
           3.
           which
           certainly
           doth
           not
           at
           all
           affect
           the
           Case
           at
           the
           Bar.
           For
           first
           ,
           this
           Charter
           is
           not
           a
           general
           Grant
           for
           the
           sole
           
             buying
             ,
             selling
             ,
             making
             ,
             using
          
           of
           any
           thing
           within
           this
           Realm
           ,
           which
           are
           the
           very
           words
           of
           the
           Acts
           :
           nor
           does
           this
           Charter
           give
           the
           East-India
           Company
           ,
           licence
           or
           toleration
           
             to
             do
             ,
             use
             ,
             or
             exercise
          
           any
           thing
           against
           the
           tenour
           or
           purport
           of
           any
           Law
           or
           Statute
           ,
           which
           are
           the
           onely
           things
           provided
           against
           by
           that
           by
           Act.
           But
           the
           Parliament
           then
           seemed
           to
           take
           the
           same
           general
           care
           of
           all
           such
           Charters
           as
           this
           at
           the
           Bar
           ,
           as
           the
           Parliament
           did
           in
           3.
           
           Jacob.
           of
           that
           particular
           Charter
           of
           Exeter
           ;
           and
           therefore
           to
           the
           end
           that
           those
           words
           in
           the
           beginning
           of
           this
           Act
           of
           Monopolies
           might
           not
           be
           thought
           to
           extend
           to
           Charters
           to
           Corporations
           for
           Trade
           ;
           there
           is
           a
           Proviso
           ,
           sect
           .
           9.
           
           That
           that
           Act
           shall
           not
           extend
           to
           any
           
             Corporations
             ,
             Companies
          
           ,
           or
           Fellowships
           ,
           &c.
           erected
           for
           the
           maintenance
           ,
           enlargement
           or
           ordering
           any
           Trade
           or
           Merchandize
           ,
           but
           leaves
           the
           same
           as
           they
           were
           before
           that
           Act
           without
           any
           Immutation
           :
           and
           it
           is
           observable
           ,
           that
           the
           Parliament
           then
           thought
           a
           General
           Saving
           sufficient
           to
           support
           those
           Charters
           that
           were
           then
           in
           being
           ,
           to
           Corporations
           for
           Trade
           and
           Merchandize
           ,
           but
           made
           particular
           Proviso's
           for
           the
           saving
           of
           Patents
           for
           Inland
           Commodities
           ,
           viz.
           such
           as
           Salt
           ,
           Gunpowder
           ,
           Ordinance
           ,
           Shot
           ,
           and
           the
           like
           .
        
         
           So
           that
           this
           Company
           was
           in
           full
           possession
           of
           their
           priviledge
           of
           sole
           Trade
           ,
           exclusive
           of
           others
           ,
           all
           King
           James
           ,
           and
           K.
           Charles
           the
           first
           his
           time
           ,
           till
           all
           the
           Prerogatives
           of
           the
           Crown
           were
           invaded
           ,
           and
           the
           crowned
           Head
           too
           was
           taken
           off
           by
           Traytors
           and
           Rebels
           ,
           but
           the
           Providence
           of
           God
           having
           restored
           us
           our
           King
           ,
           and
           reinvested
           him
           with
           all
           his
           undoubted
           Prerogatives
           ,
           as
           well
           as
           restored
           us
           to
           our
           antient
           Rights
           and
           Priviledges
           ,
           and
           scarce
           ,
           as
           I
           may
           say
           ,
           warm
           in
           his
           Throne
           ;
           but
           amongst
           the
           other
           considerations
           that
           he
           had
           for
           the
           publick
           weal
           of
           his
           Subjects
           ,
           he
           considers
           the
           publick
           advantage
           of
           this
           Kingdom
           arising
           by
           Trade
           ,
           and
           amongst
           them
           one
           of
           his
           first
           thoughts
           are
           fix'd
           upon
           this
           Company
           :
           for
           the
           third
           of
           April
           ,
           1661.
           
           He
           by
           his
           Letters
           Patents
           taking
           notice
           of
           the
           Charters
           of
           Queen
           Elizabeth
           and
           King
           James
           ,
           granted
           to
           the
           East-India
           Company
           ,
           and
           of
           the
           injuries
           that
           were
           done
           to
           them
           by
           the
           late
           Troubles
           ,
           with
           the
           advice
           of
           his
           Council
           ,
           and
           approbation
           of
           Mr.
           Attorney
           Palmer
           and
           my
           Lord
           Chancellour
           Finch
           ,
           he
           granted
           and
           confirmed
           to
           them
           all
           their
           priviledges
           .
           The
           27th
           of
           May
           in
           the
           20th
           of
           his
           Reign
           ,
           Lord
           Chancellour
           Finch
           being
           Attorney
           ,
           and
           my
           Lord
           Keeper
           that
           now
           is
           Sollicitor
           ,
           he
           confirms
           this
           Charter
           ,
           and
           grants
           to
           the
           East-India
           Company
           other
           priviledges
           by
           an
           other
           Charter
           in
           the
           28th
           year
           of
           his
           Reign
           ;
           at
           which
           time
           the
           Lord
           Keeper
           was
           Attorney
           ,
           and
           Sir
           
             William
             Jones
          
           Sollicitor
           :
           he
           confirms
           the
           former
           ,
           and
           grants
           more
           priviledges
           :
           and
           in
           the
           25th
           year
           of
           his
           Reign
           by
           the
           Charter
           now
           in
           question
           ,
           passed
           with
           the
           approbation
           of
           the
           present
           Attorney
           and
           Sollicitor
           ,
           Men
           of
           great
           Ability
           in
           their
           Professions
           ,
           and
           of
           whom
           ,
           were
           they
           not
           present
           ,
           I
           should
           say
           much
           more
           ,
           the
           Charter
           to
           this
           Company
           was
           confirm'd
           with
           additional
           Priviledges
           .
        
         
           Nor
           has
           this
           Charter
           passed
           only
           the
           approbation
           of
           his
           Majesty
           and
           Council
           since
           his
           happy
           Restauration
           ,
           but
           the
           Parliament
           has
           likewise
           taken
           notice
           of
           it
           ;
           the
           Statute
           14
           
             Car.
             2.
             cap.
          
           24.
           takes
           notice
           of
           it
           ,
           
           to
           be
           of
           great
           advantage
           to
           the
           Publick
           .
           The
           Stat.
           of
           the
           29th
           of
           this
           King
           for
           Pole-money
           ,
           Taxes
           them
           at
           twenty
           shillings
           for
           every
           hundred
           Pound
           in
           stock
           ;
           in
           the
           great
           Case
           between
           Skinner
           and
           the
           East-India
           Company
           ,
           the
           House
           of
           Commons
           defended
           them
           ,
           even
           to
           an
           eruption
           between
           the
           two
           Houses
           .
        
         
           Mr.
           Jenks
           and
           some
           other
           Linnen-Drapers
           and
           Tradesmen
           of
           London
           ,
           taking
           the
           advantage
           of
           the
           Heats
           that
           too
           frequently
           possessed
           the
           House
           of
           Commons
           of
           late
           years
           ,
           especially
           against
           the
           Point
           of
           Prerogative
           ,
           did
           furiously
           attack
           the
           East-India
           Company
           ,
           but
           without
           any
           success
           ;
           and
           this
           Company
           was
           never
           assaulted
           in
           Westminster
           Hall
           till
           this
           Case
           at
           the
           Bar
           ;
           I
           cannot
           help
           therefore
           this
           Observation
           ,
           that
           as
           the
           King
           by
           his
           Charter
           1661
           ,
           takes
           notice
           ,
           that
           the
           Charters
           granted
           by
           Queen
           Elizabeth
           and
           King
           James
           remain
           uninterrupted
           till
           the
           late
           Rebellion
           ;
           so
           the
           Interlopers
           against
           the
           King's
           Prerogative
           in
           this
           particular
           ,
           and
           the
           horrid
           Conspirators
           against
           the
           King's
           Life
           in
           this
           last
           hellish
           Conspiracy
           ,
           first
           appeared
           in
           
           Westminster-Hall
           about
           the
           same
           time
           .
        
         
           As
           to
           the
           Objections
           I
           have
           not
           yet
           given
           answer
           to
           ,
           I
           think
           they
           are
           but
           few
           :
           my
           Lord
           Cokes
           Opinion
           cited
           by
           Mr.
           
             Pollexfen
             ,
             2
             Instit.
          
           540.
           where
           my
           Lord
           observes
           new
           things
           which
           with
           fair
           pretences
           prove
           hurtful
           to
           the
           Commonwealth
           ;
           and
           amongst
           them
           reckons
           that
           new
           Corporations
           trading
           into
           Forein
           parts
           and
           at
           home
           ,
           which
           under
           the
           fair
           pretences
           of
           Order
           and
           Government
           ,
           in
           conclusion
           tend
           to
           the
           hindrance
           of
           Trade
           and
           Traffick
           ,
           and
           in
           the
           end
           produce
           Monopolies
           ,
           does
           not
           at
           all
           concern
           the
           Case
           at
           the
           Bar
           ;
           for
           this
           Charter
           that
           hath
           continued
           for
           one
           hundred
           years
           without
           any
           interruption
           till
           of
           late
           ,
           can
           neither
           be
           thought
           a
           new
           Corporation
           ,
           or
           hindrance
           of
           Trade
           ;
           and
           Sir
           
             Edward
             Coke
          
           when
           he
           was
           Attorney
           General
           ,
           and
           past
           this
           Charter
           ,
           was
           as
           learned
           in
           the
           Law
           as
           he
           was
           when
           he
           published
           that
           Book
           ,
           and
           was
           turned
           out
           of
           being
           Chief
           Justice
           ,
           did
           not
           think
           this
           Charter
           needed
           that
           Caution
           .
        
         
           As
           to
           the
           Case
           of
           the
           Canary
           Patent
           between
           Horn
           and
           Ivy
           ,
           that
           cannot
           affect
           the
           Case
           at
           the
           Bar.
           
        
         
           I.
           For
           first
           ,
           The
           Judgment
           in
           that
           Case
           was
           given
           upon
           the
           point
           of
           Pleading
           ,
           and
           not
           upon
           the
           validity
           of
           the
           Patent
           .
        
         
           II.
           That
           Patent
           was
           in
           perfect
           opposition
           to
           that
           Statute
           3.
           
           Jac.
           that
           opened
           a
           free
           Trade
           to
           Spain
           ,
           and
           therefore
           could
           not
           be
           restrained
           by
           the
           King's
           Letters
           Patents
           ,
           but
           there
           is
           no
           such
           Objection
           to
           our
           Case
           .
        
         
           The
           Councel
           that
           argued
           for
           the
           Defendant
           seemed
           to
           allow
           the
           Charters
           to
           the
           
             Virginia
             ,
             Turkey
          
           ,
           and
           Eastland
           Companies
           ,
           which
           are
           exclusive
           of
           others
           ,
           to
           be
           good
           ,
           because
           they
           're
           managed
           by
           a
           Regulation
           and
           not
           a
           Joint
           stock
           ,
           which
           surely
           can
           make
           no
           difference
           ;
           for
           it
           is
           a
           Grant
           of
           a
           sole
           Trade
           to
           them
           exclusive
           of
           others
           as
           well
           as
           the
           Case
           at
           the
           Bar
           ,
           and
           it
           's
           as
           hard
           to
           get
           into
           the
           Turky
           Company
           as
           it
           is
           into
           this
           ,
           and
           may
           be
           more
           chargeable
           :
           for
           you
           cannot
           be
           a
           Member
           of
           the
           Turkey
           Company
           ,
           but
           you
           must
           be
           a
           Freeman
           of
           the
           City
           of
           London
           ,
           and
           makes
           you
           liable
           to
           all
           the
           great
           Offices
           of
           Charge
           in
           that
           Government
           ,
           but
           a
           Freedom
           of
           the
           East-India
           Company
           may
           be
           purchased
           at
           a
           much
           easier
           rate
           ;
           the
           Members
           of
           the
           East-India
           Company
           are
           as
           visible
           as
           those
           of
           the
           Turkie
           :
           and
           though
           it
           was
           said
           ,
           the
           
           East-India
           Company
           were
           sometimes
           invisible
           ,
           yet
           were
           the
           Turky
           Company
           infected
           with
           so
           many
           Interlopers
           as
           the
           East-India
           Company
           have
           ,
           they
           would
           not
           appear
           so
           glorious
           and
           spendid
           as
           they
           now
           do
           ,
           and
           as
           I
           heartily
           wish
           they
           may
           long
           continue
           .
           But
           the
           King
           by
           this
           Charter
           has
           reserved
           to
           himself
           a
           Power
           to
           destroy
           and
           alter
           the
           whole
           Charter
           ,
           or
           any
           part
           thereof
           ,
           so
           as
           to
           put
           it
           into
           a
           way
           of
           Regulation
           instead
           of
           a
           Joint-stock
           ,
           in
           such
           manner
           as
           he
           shall
           in
           his
           great
           Wisdom
           think
           fit
           ;
           therefore
           it
           becomes
           us
           in
           Duty
           and
           Modesty
           to
           wait
           till
           we
           receive
           his
           further
           Royal
           Pleasure
           therein
           .
           And
           whereas
           it
           was
           objected
           at
           the
           Bar
           ,
           because
           the
           King
           cannot
           lay
           any
           Imposition
           upon
           Forein
           Trade
           ,
           therefore
           he
           cannot
           restrain
           it
           :
        
         
           I
           do
           not
           know
           to
           what
           end
           that
           Objection
           was
           made
           ,
           because
           it
           does
           not
           affect
           the
           Question
           at
           the
           Bar
           ;
           but
           lest
           it
           may
           obtain
           the
           effect
           that
           I
           presume
           was
           aimed
           at
           ,
           I
           think
           not
           amiss
           to
           say
           ,
           that
           even
           at
           this
           day
           there
           is
           much
           more
           may
           be
           said
           in
           the
           maintenance
           of
           the
           King's
           Prerogative
           in
           
           Westminster-Hall
           ,
           in
           that
           Case
           ,
           than
           can
           be
           offered
           against
           his
           Prerogative
           in
           this
           ;
           but
           in
           as
           much
           as
           that
           and
           several
           other
           Objections
           against
           the
           Charter
           proceeded
           from
           unreasonable
           as
           well
           as
           unmannerly
           mistrusts
           they
           have
           of
           the
           Crown
           ;
           I
           cannot
           but
           remember
           that
           his
           Sacred
           Majesty
           was
           not
           so
           mistrustful
           of
           them
           ;
           for
           he
           since
           his
           Restauration
           has
           bestowed
           upon
           his
           Subjects
           more
           than
           all
           his
           Predecessors
           ,
           put
           them
           all
           together
           since
           the
           Conquest
           ever
           did
           .
           Nay
           ,
           he
           in
           a
           moment
           frankly
           bestowed
           upon
           us
           more
           than
           ever
           he
           desires
           he
           shall
           be
           trusted
           with
           again
           ;
           for
           by
           his
           Act
           of
           Indempnity
           he
           bestowed
           upon
           his
           Subjects
           their
           Lives
           ,
           Liberties
           and
           Estates
           which
           were
           all
           justly
           and
           legally
           forfeited
           to
           him
           by
           the
           late
           Rebellion
           ,
           the
           consideration
           whereof
           will
           prevent
           all
           fears
           and
           jealousies
           ,
           and
           promote
           in
           all
           Loyal
           hearts
           a
           firm
           resolution
           to
           sacrifice
           their
           Lives
           and
           Fortunes
           ,
           so
           freely
           bestowed
           upon
           us
           by
           him
           ,
           to
           maintain
           the
           Crown
           and
           just
           Prerogatives
           thereof
           ,
           so
           that
           it
           may
           have
           a
           perpetual
           continuance
           in
           that
           Royal
           Family
           in
           a
           lawful
           Succession
           ,
           which
           I
           heartily
           pray
           may
           be
           so
           long
           as
           the
           Sun
           and
           Moon
           endures
           .
        
         
           From
           what
           hath
           been
           said
           ,
           I
           hope
           it
           doth
           plainly
           appear
           ,
           that
           since
           the
           Law
           of
           this
           Land
           and
           the
           Law
           of
           Nature
           and
           Nations
           ,
           allow
           the
           Power
           of
           making
           Companies
           to
           manage
           Traffick
           ,
           exclusive
           to
           all
           others
           to
           be
           in
           the
           Prince
           ;
           That
           this
           is
           reckoned
           to
           be
           
             inter
             Jura
             regalia
          
           ;
           That
           no
           Act
           of
           Parliament
           does
           restrain
           this
           Prerogative
           ;
           That
           the
           practice
           of
           all
           Europe
           has
           been
           accordingly
           ;
           That
           particularly
           such
           Companies
           have
           been
           erected
           in
           England
           ,
           and
           those
           Companies
           have
           been
           in
           quiet
           possession
           of
           their
           Priviledges
           ,
           for
           such
           a
           number
           of
           years
           ;
           That
           they
           have
           passed
           the
           approbation
           of
           so
           many
           learned
           Men
           ;
           That
           they
           have
           been
           thought
           for
           the
           publick
           advantage
           of
           the
           Nation
           ,
           by
           so
           many
           Kings
           and
           Princes
           ,
           with
           the
           advice
           of
           their
           Council
           both
           in
           and
           out
           of
           Parliament
           ;
           That
           all
           Statutes
           and
           Authorities
           of
           Law
           that
           we
           can
           meet
           with
           in
           our
           Books
           affirm
           it
           ,
           and
           none
           that
           I
           can
           meet
           with
           oppose
           it
           .
        
         
           That
           the
           East-India
           Company
           have
           solely
           run
           the
           hazard
           ,
           and
           been
           at
           great
           Expences
           ;
           
           
             
               In
               discovering
               Places
               ,
            
             
               Erecting
               Forts
               ,
               and
               keeping
               Forces
               ,
            
             
               Setling
               Factories
               ,
            
             
               And
               making
               Leagues
               and
               Treaties
               abroad
               ,
            
          
        
         
           It
           would
           be
           against
           natural
           Justice
           and
           Equity
           (
           which
           no
           Municipal
           Law
           can
           take
           away
           )
           for
           others
           to
           reap
           the
           benefit
           and
           advantage
           of
           all
           this
           .
        
         
           Especially
           since
           all
           this
           has
           been
           occasioned
           by
           an
           Act
           of
           the
           Publick
           ,
           and
           by
           the
           just
           Prerogative
           of
           the
           Crown
           under
           which
           they
           claim
           .
        
         
           So
           that
           now
           supposing
           the
           matter
           had
           been
           doubtful
           at
           the
           beginning
           (
           as
           yet
           the
           contrary
           is
           evident
           )
           yet
           after
           so
           many
           years
           undisputed
           ,
           and
           uniterrupted
           Prerogative
           of
           the
           King
           ,
           and
           the
           possession
           of
           the
           Companies
           pursuant
           thereunto
           ;
           and
           yet
           the
           Laws
           having
           always
           been
           open
           to
           any
           Subjects
           who
           conceive
           themselves
           grieved
           ,
           that
           Speech
           which
           Josephus
           records
           of
           King
           Agrippa
           to
           those
           Jews
           ,
           who
           after
           many
           years
           endeavoured
           to
           recover
           their
           lost
           pretence
           ,
           may
           be
           applied
           to
           these
           clamorous
           Interlopers
           .
        
         
           Intempestivum
           est
           nunc
           libertatem
           concupiscere
           ,
           olim
           ne
           amitteretur
           certatum
           oportuit
           .
           Non
           amantes
           libertatis
           dicendi
           estis
           ,
           sed
           subditi
           contumaces
           .
        
         
           And
           so
           the
           Romans
           answered
           Antiochus
           (
           to
           shew
           the
           injustice
           of
           his
           Demands
           )
           That
           he
           required
           those
           Cities
           which
           his
           Precessor
           for
           so
           many
           years
           had
           never
           enjoyed
           .
        
         
           And
           Queen
           Elizabeth
           pleaded
           against
           the
           King
           of
           Denmark
           for
           the
           rights
           of
           Fishing
           upon
           the
           coasts
           of
           Norway
           and
           New-Island
           ,
           That
           neither
           his
           Great
           Grandfather
           ,
           Grandfather
           nor
           Father
           ,
           had
           exacted
           any
           thing
           for
           it
           ,
           and
           therefore
           concluded
           it
           to
           be
           unjust
           .
        
         
           
             Cambden
             Eliz
             ,
             sub
          
           Anno
           1600.
           
        
         
           So
           that
           I
           conclude
           the
           First
           ,
           and
           as
           I
           conceive
           the
           onely
           Point
           in
           this
           Case
           ,
           that
           Letters
           Patents
           that
           give
           Licence
           and
           Liberty
           to
           the
           Plaintiffs
           to
           exercise
           the
           sole
           Trade
           to
           the
           Indies
           within
           the
           limits
           of
           their
           Grant
           ,
           exclusive
           of
           all
           others
           ,
           is
           a
           good
           Grant
           in
           Law.
           
        
         
           II.
           I
           do
           conceive
           that
           the
           Defendant
           trading
           to
           the
           Indies
           contrary
           to
           this
           Charter
           ,
           may
           be
           punished
           by
           Information
           at
           the
           Suit
           of
           the
           King
           ,
           and
           that
           this
           Action
           by
           the
           Plaintiffs
           is
           also
           well
           brought
           ;
           but
           in
           as
           much
           as
           I
           have
           detained
           you
           so
           long
           upon
           the
           first
           Point
           ,
           I
           shall
           trespass
           upon
           your
           patience
           but
           a
           few
           words
           to
           this
           .
        
         
           I.
           Therefore
           ,
           I
           conceive
           the
           Plaintiff
           need
           not
           alledg
           any
           special
           Damage
           ,
           no
           more
           than
           the
           Grantee
           of
           a
           Fair
           ,
           Market
           ,
           or
           any
           other
           Franchise
           .
        
         
           II.
           The
           Action
           is
           brought
           ,
           and
           grounded
           upon
           the
           Grant
           of
           the
           sole
           and
           intire
           Trade
           ,
           which
           ,
           as
           I
           conceive
           is
           a
           Franchise
           the
           King
           may
           grant
           ,
           and
           is
           like
           the
           Case
           of
           New
           Inventions
           ,
           upon
           which
           Letters
           Patents
           ,
           Actions
           are
           brought
           by
           every
           days
           experience
           ,
           and
           the
           prohibiting
           Clause
           is
           added
           onely
           to
           make
           the
           thing
           more
           notorious
           ;
           and
           that
           Interlopers
           in
           case
           they
           should
           be
           prosecuted
           at
           the
           King's
           Suit
           ,
           should
           be
           more
           inexcusable
           ,
           and
           until
           you
           can
           imagine
           there
           may
           be
           as
           many
           East-India
           Companies
           as
           there
           are
           Commoners
           and
           School-Masters
           in
           England
           ,
           Mary's
           Case
           ,
           Cook
           9.
           can
           never
           be
           thought
           an
           Objection
           .
           As
           to
           the
           Objection
           in
           the
           11
           
             Rep.
             88.
             
             Rolls
          
           Abridgment
           ,
           
           part
           .
           106.
           
           
           Darcy's
           Case
           ,
           that
           admitting
           the
           Grant
           or
           Disponsation
           to
           Darcy
           had
           been
           good
           for
           the
           sole
           importing
           of
           Forein
           Cards
           :
           yet
           that
           being
           onely
           a
           Dispensation
           to
           the
           Stat.
           of
           E.
           4.
           and
           did
           only
           exclude
           Darcy
           from
           the
           penalty
           of
           that
           Act
           ,
           he
           could
           not
           maintian
           the
           Action
           ;
           but
           if
           in
           case
           that
           Grant
           had
           vested
           an
           Interest
           ,
           as
           our
           Grant
           at
           the
           Bar
           does
           ,
           he
           might
           have
           brought
           an
           Action
           ,
           as
           my
           Lord
           Rolls
           says
           in
           the
           next
           Paragraph
           ,
           may
           be
           collected
           out
           of
           
           Darcy's
           Case
           .
        
         
           The
           Case
           upon
           Patents
           of
           new
           Inventions
           are
           full
           Authorities
           in
           the
           Case
           at
           the
           Bar
           ;
           and
           so
           is
           that
           Case
           of
           the
           Abbot
           of
           
             Westminster
             ,
             Re.
          
           fol.
           107.
           
           Wherein
           upon
           the
           Grant
           of
           the
           Market
           for
           thirty
           days
           ,
           exclusive
           of
           others
           ,
           is
           particularly
           set
           forth
           in
           the
           Action
           ;
           and
           the
           Salisbury
           man
           that
           brought
           Cloth
           to
           London
           ,
           and
           sold
           the
           same
           contrary
           to
           that
           Charter
           ,
           is
           prosecuted
           in
           an
           Action
           of
           Trespass
           upon
           the
           Case
           ,
           at
           the
           Suit
           of
           the
           Abbot
           ,
           and
           the
           Writ
           concludes
           (
           supposing
           the
           Grant
           good
           )
           
             in
             nostri
             contemptum
             &
             praedicti
             Abbatis
             grave
             damnum
             ac
             Fr.
             &
             libertatum
             suarum
             praedictarum
             laesionem
             manifestam
             ,
          
           which
           is
           an
           Authority
           full
           as
           to
           this
           Point
           .
        
         
           Upon
           the
           whole
           matter
           I
           am
           of
           the
           same
           Opinion
           with
           my
           Brothers
           ,
           and
           do
           conceive
           that
           that
           Grant
           to
           the
           Plaintiffs
           of
           the
           Sole
           Trade
           to
           the
           Indies
           ,
           exclusive
           of
           others
           ,
           is
           a
           good
           Grant
           ,
           and
           that
           the
           Action
           is
           well
           brought
           :
           and
           therefore
           let
           the
           Plaintiff
           take
           his
           Judgment
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A46717-e320
           
             Roll
             
               's
               Ab.
               2.
               fo
            
             .
             214.
             
             Commons
             pray
             leave
             to
             export
             and
             import
             Foreign
             Goods
             at
             their
             pleasure
             ,
             except
             Goods
             of
             the
             Staple
             ,
             notwithstanding
             any
             Proclamation
             to
             the
             contrary
             .
             
               Resp.
               le
               Roy
               voet
               estre
               advise
               parson
               Councel
               .