Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	law_n	parliament_n	7,812	5	6.7613	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55325	Discourse of trade, coyn, and paper credit, and of ways and means to gain, and retain riches to which is added the argument of a learned counsel upon an action of a case brought by the East-India-Company against Mr. Sands the interloper.	Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel upon an action of the case brought by the East-India-Company against Mr. Thomas Sands, an interloper.	1697 (1697)	Wing P2778; ESTC R17145	112,364	258

the sole Trade to the East-Indies invests you in all the Merchandizes of those Countries and ingrosseth them all into your Hands And if a Patent grant to any the ingrossing of Merchandizes this Patent is against Law and void Ingrossing is in Truth but a Species or another Name for monopolizing for all the Difference between them is that ingrossing is commonly by Agreements and Contracts made betwixt Subjects one with another without the King 's Grant but Monopolies are Ingrossings by Colour of the King's Grants The Case there of John Peachy 3 Inst 181. who 50. E. 3. was severely punished for a Grant under the Great Seal for the sole selling of sweet Wines in London This was ingrossing by Colour of the King's Grant Case of Monop. 11 Rep. 84. Moor. 673. and in Noy and a Monopoly Darcey had the sole importing from beyond Seas and selling of Cards granted him by Patent for 21 Years under a Rent prohibiting all others to sell and this Trin. 44. Eliz. adjudged a void Grant And the Statute 21 Jac. c. 3. declares all Monopolies to be against the common Law So that this being so If this Grant be a Grant to you to ingross or monopolize then by the common Law this Grant is void 3. That that this Grant of sole Trade is against Magna Charta and divers other the ancient Statutes 9 H. 3. Mag. Ch. c. 30. All Merchants if they were not openly prohibited before shall have their safe and sure Conduct to depart out of England and to come into England to buy and sell without any manner of evil Tolls by the old and rightful Customs except in Time of War My Lord Cook saith 2 Inst 57. That the Words in this Act nisi publice prohibeantur are intended a Prohibition by the publick Council of the Kingdom by Act of Parliament This Act then being general all Merchants to have safe Conduct to go out and come into England if not prohibited by Act of Parliament is probably a Declaration of the common Law Stat. 2 E. 3 c. That all Merchants Strangers and Privy may go and come with their Merchandizes into England according to the Form of the Grand Charter Stat. 9 E. 3 c. 1. That all Merchants Strangers and Denizens and all other and every of them of what Estate soever they be shall sell their Merchandizes from whencesoever they come freely without Interruption Except the King's Enemies And that this Act shall be observed and performed notwithstanding any Charters to the contrary And that Charters to the contrary are of no force but are to the King's Damage and to the Oppression of the Commons But your Charter gives you the sole Merchandizing to and from the East-Indies Stat. 14 E. 3. c. 2. Recites Magna Charta and enacts That all Merchants Aliens and Denizens may without Let safely come with their Merchandizes safely carry and safely return Stat. 25 E. 3. c. 2. Confirms the former Statute of 9 E. 3. and enacts That if any Letters Patents Proclamation or Commandment be made to the contrary it shall be void Stat. 2 R. 2. c. 1. and 11. c. 7. Both confirm the two former Statutes and enact That all Letters Patents and Commands to the contrary shall be void By these four Statutes the Freedom of Trade and Traffick is amply establish'd and all Letters Patents Grants Proclamations and commands to the contrary made void if they had not been so at common Law And my Lord Cook 2 Inst 63. upon Consideration of Magna Charta and these Statutes after Examination of several Grants of Tolls and Duties to be paid upon Merchandize saith That upon this Charter this Conclusion is necessarily gathered that all Monopolies concerning Trade and Traffick are against the Liberty and Freedom declared and granted by this Great Charter and divers other Acts of Parliament which are good Commentaries upon this Charter And then cites the other Statute that I have before cited Object But say they tho we have the sole Trade yet we are no Monopoly Resp To prove it to be a Monopoly 3 Inst 181. let us see how a Monopoly is described My Lord Cook in his Chapter of Monopolies describes it An Institution or Allowance by the King 's Grant to any Person or Persons Bodies Politick or Corporate of or for the sole buying or selling or using of any thing whereby any Person or Persons are to be restrained of any Freedom or Liberty that they had before or are hindred in their lawful Trade This Description I think exactly suits with your Patent For 1. By your Patent you have the sole Trade granted to you Sole Trade is sole buying and sole selling for Merchandizing consists in buying and selling The sole using any thing is another general Part of this Description Is not sole Trade sole using or merchandizing And for the latter Part of it whereby any Person is restrained or hindred in his Liberty 2. Your Patent grants to you to seize the Ships and Goods of any that come thither And your bringing this Action shews you are sufficiently a Hinderer of the Liberty of others to trade So that I think you can't deny but that you are comprehended under this Description But for further Evidence of its being a Monopoly let us see what the Evils and Mischiefs are that were in Monopolies which the Law speaks so hard of The Evils and Mischiefs are First That the Price of the Commodity they sell shall be kept and risen higher than otherwise it would be For he that hath the sole Trade will keep up the Price as he pleaseth And this is one of the Evils mentioned in the Case of Monopolies 11 Rep. 86. b. The Truth hereof I think is evident enough and no Man in Reason thinks but he that hath the sole Trade trades for his Advantage And the highest and dearest Rates he can sell at and the cheapest he can buy at are his Advantage Secondly A second Mischief or Evil is that Monopolies or sole Trade is pro privato paululorum quaestu So it is said to be in the Margent of the Book before cited 3 Inst 181. No Man will doubt hereof that considers the present State or Condition of this Company Thirdly Another Evil or Mischief of Monopolies or sole Trade is the Impoverishment and Oppression of the King's Subjects Trade is not in its own Nature fix'd and stable but varying and altering sometimes better sometimes worse Sometimes one Trade beneficial another not according as Wares Sicknesses Scarsity of this or that sort of Commodity or Merchandize in this or that Country Modes Fashions Customs and Habits of Men do occasion And the Merchants by their Education and Observation manage and govern this Trade for the Maintenance of themselves and their Families and the general Good of Men. And direct and imploy their Estates and traffick into this or that Part of the World as Time and Occasion shall give them best Encouragement But