by the king a proclamation restraining the abusive venting of tobacco. england and wales. sovereign (1625-1649 : charles i) 1634 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22571 stc 9011 estc s123766 33149911 ocm 33149911 28501 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22571) transcribed from: (early english books online ; image set 28501) images scanned from microfilm: (early english books, 1475-1640 ; 1877:6) by the king a proclamation restraining the abusive venting of tobacco. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.). by robert barker, printer to the kings most excellent maiestie: and by the assignes of iohn bill, imprinted at london : 1633 [i.e. 1634] arms without "c r" at top. those selected to sell must also have license to do so. "giuen at our court at newmarket, the thirteenth day of march, in the ninth yeere of our reigne." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry and trade -law and legislation -great britain -early works to 1800. tobacco industry and trade -bermuda islands -early works to 1800. monopolies -great britain -early works to 1800. great britain -history -charles i, 1625-1649. 2003-10 tcp assigned for keying and markup 2003-11 apex covantage keyed and coded from proquest page images 2003-12 judith siefring sampled and proofread 2003-12 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion by the king. ¶ a proclamation restraining the abusiue venting of tobacco . whereas the kings most excellent maiestie being informed of the abuses dayly arising of the vngouerned selling and retailing of tobacco , by his proclamation lately published , did prohibit all his people , that after the feast of candlemas , which is now last past , none of them out of certaine cities and townes therein specified to haue beene appointed , and within those cities and townes no other but certaine persons named , as in the said proclamation is expressed , and such as from time to time as should be permitted , should sell or deliuer any tobacco by retaile , herein requiring due obedience vntill his maiestie should make other declaration , as by the same proclamation appeareth . sithence which , a great number of his maiesties louing subiects haue repaired to some lords , and others of his maiesties priuie councell , being his maiesties commissioners appointed to treat with them , and haue humbly desired letters patents of licence to sell tobacco by retaile , whereunto his maiesties said commissioners haue consented : but because it is both conuenient and necessary that the number of those that be licensed to sell tobacco by retaile , and also their names be knowne , that in time conuenient notice may be taken from them how much tobacco in each yeere they retaile and uent : that vpon knowledge thereof , his maiesty for preuenting of the issuing out of the realme too great a proportion of the stocke of this kingdome , may giue order for the quantity of tobacco that shall be yeerely brought in : and being resolued that any who from henceforth shall presume to vtter or sell tobacco , not being licensed , shall seuerely be proceeded against : for these and for other causes , the king our soueraigne lord straightly defendeth and commandeth , that neither such as by pretext of being formerly nominated as meet men to retaile tobacco , nor any other from henceforth presume to sell or vtter tobacco by retaile , vntill they shall haue obtained his maiesties licence in that behalfe , any permission or tolleration that may be pretended by the said proclamation , or any other signification notwithstanding , vpon such paines of censure in the court of star-chamber and elsewhere , as may be inflicted vpon contemners of his maiesties commands publiquely proclaimed . wherein his maiestie is pleased , that a part of the fines set vpon the contemners of this command , be conferred vpon those that giue notice of the offenders , so as they may be brought to iudgement . giuen at our court at newmarket , the thirteenth day of march , in the ninth yeere of our reigne . god saue the king. imprinted at london by robert barker , printer to the kings most excellent maiestie : and by the assignes of iohn bill . 1633. by the king a proclamation touching the sealing of tobacco. england and wales. sovereign (1625-1649 : charles i) 1627 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22439 stc 8857 estc s3553 33150449 ocm 33150449 28612 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22439) transcribed from: (early english books online ; image set 28612) images scanned from microfilm: (early english books, 1475-1640 ; 1876:89) by the king a proclamation touching the sealing of tobacco. england and wales. sovereign (1625-1649 : charles i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxvii [1627] requiring virginia tobacco already imported to be sealed within one month. "giuen at our court at white-hall, the thirtienth day of march, in the third yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-10 tcp assigned for keying and markup 2003-11 apex covantage keyed and coded from proquest page images 2003-12 mona logarbo sampled and proofread 2003-12 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion diev et mon droit . honi ✚ 〈◊〉 〈◊〉 〈◊〉 y ✚ pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation touching the sealing of tobacco . whereas we ( by the aduice of our commissioners for our reuenue ) haue resolued to import a quantity of spanish tobacco ( not exceeding fifty thousand weight in any one yeere ) and vtterly to prohibite the importation of any other forreine tobacco , which is not of the growth of our owne plantations , and to prohibite also the planting of all tobacco within these our realmes of england and ireland , and islands there to belonging or adiacent , as by our proclamation , dated the seuenteenth day of february last ( for the reasons therein expressed ) it doth at large appeare : now , because wee are informed , that it will much conduce to our seruice , and the setling of that businesse , for the preuenting of the stealing in of all forreine tobacco , and discouery of the offendours , and for the clearing of all others , who are not offendors , from future trouble , that all the tobacco of the growth of our plantations already imported , shal be sealed by our commissioners to that purpose appointed , aswell as that which shal be hereafter imported , in such sort as by our sayd proclamation is already directed , that so the tobacco of our plantations may bee distinguished from the forreine tobacco , and the tobacco planted within these our realmes , which are prohibited : our will and command therfore is , and we doe hereby declare & publish our royall pleasure to be , that our said commissioners appointed by us for this seruice , shal with al cōuenient speed , seale all the tobacco of the growth of our said plantations already imported in such sort , as they are directed to seale that which shall be hereafter imported . and if any person whatsoeuer , hauing any such tobacco , of the growth of our said plantations , or any of them , which shall refuse to haue the same sealed , or which shall not offer the same to be sealed , as aforesayd , and the same shall hereafter , at any time after one moneth , from the date hereof , be discouered , that the same shall bee taken and reputed for forreine tobacco , or for tobacco of the growth of these our realmes , which hath been prohibited , and which they durst not auow the keeping of , and as such prohibited tobacco shal be taken , and seized as other prohibited tobacco , according to the tenor and true meaning of our said former proclamation , whereof wee will , that euery person , whom it may concerne , do take notice at their perill . giuen at our court at white-hall , the thirtieth day of march , in the third yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m. dc . xxvii . by the king a proclamation touching tobacco. england and wales. sovereign (1603-1625 : james i) 1625 approx. 5 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a22354 stc 8767 estc s3497 33150340 ocm 33150340 28556 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22354) transcribed from: (early english books online ; image set 28556) images scanned from microfilm: (early english books, 1475-1640 ; 1876:29) by the king a proclamation touching tobacco. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 2 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxv [1625] caption title. imprint from colophon. forbidding importation except from bermuda and virginia. "giuen at our court at white-hall, this ninth day of april, in the first yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. 2003-05 tcp assigned for keying and markup 2003-05 spi global keyed and coded from proquest page images 2003-06 mona logarbo sampled and proofread 2003-06 mona logarbo text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. a proclamation touching tobacco . whereas our most deare father , of blessed memorie , deceased , for many weighty and important reasons of state , and at the humble suit of his commons in parliament , did lately publish two seuerall proclamations , the one dated the nine and twentieth day of september , now last past , and the other the second of march following , for the vtter prohibiting of the importation , and vse of all tobacco , which is not of the proper growth of the colonies of virginia and the sommer islands , or one of them , with such cautious , and vnder such paines and penalties , as are in those proclamations at large expressed : wee , tendring the prosperity of those colonies and plantations , and holding it to bee a matter of great consequence vnto us , and to the honour of our crowne , not to desert , or neglect those colonies , whereof the foundations , with hopefull successe , haue been so happily layd by our father , beeing giuen to vnderstand , that diuers persons intending onely their priuate gaine , and neglecting all considerations of the publique , in this short time , whilest wee haue been necessarily taken vp in ordering of the great affaires of our kingdomes and state , haue taken the boldnesse , secretly , and by stealth , to import and vtter great quantities of tobacco , which is not of the growth of the plantations aforesaid , to the vtter destruction of those plantations , as much as in them lieth ; wee haue thought fit , for the preuenting of those inconueniences , which may otherwise ensue , to the irrecouerable dammage of those plantations , and of our seruice , to publish and declare our royall pleasure for the present , touching the premisses , vntill vpon more mature deliberation wee shall see cause to alter , or adde vnto the same , in any part . and wee doe therefore straitly charge and command , that no person whatsoeuer , of what degree or qualitie soeuer , doe at any time hereafter , either directly or indirectly , import , buy , sell or vtter , plant , cherish , or vse , or cause to bee imported , sold , or vttered , cherished , planted , or vsed , in our realmes of england , or ireland , or dominion of wales , or in any isles or places thereunto belonging any tobacco , of any sort whatsoeuer , which is not of the proper growth of the said colonies , or one of them ; and that no person whatsoeuer , by any shift or deuice whatsoeuer , doe receiue , or conceale , or colour the tobacco of any other , so imported , planted , bought , sold , vttered , or vsed within our sayd realmes , or dominions , or the isles or places aforesaid , or any part thereof , vpon paine of forteiture unto us , of all such tobacco so to be imported , bought , sold , planted , vttered , or vsed , contrary to the true meaning of these presents , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the lawes and statutes of these our realms , or by the censure of our courts of star-chamber , in either of our said kingdomes respectiuely , can or may be inflicted vpon the offenders , for contempt of this our royall command ; and to be reputed and taken as enemies to our proceedings , and to those plantations , which so much concerne our honour , and the honour and profit of our state. and our further will and command is , that all the forreigne tobacco , of what sort soeuer , which is not of the proper growth of those plantations or one of them , shall before the fourth day of may , now next ensuing , bee transported out of our realmes and dominions , as by the sayd former proclamations it was directed and commanded , vpon paine of forfeiture thereof , and vpon the other paines and penalties aforesayd to be inflicted vpon the offenders . and our pleasure is , that all such forreigne tobacco may bee freely exported by any person whatsoeuer , without paying to us , or to our vse , any subsidie , or other duetie for the same . giuen at our court at white-hall , this ninth day of april , in the first yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ printed at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . by the king a proclamation for the ordering of tobacco. england and wales. sovereign (1625-1649 : charles i) 1627 approx. 7 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22447 stc 8864 estc s122719 33152847 ocm 33152847 28980 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22447) transcribed from: (early english books online ; image set 28980) images scanned from microfilm: (early english books, 1475-1640 ; 1876:93) by the king a proclamation for the ordering of tobacco. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. [2] leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxvii [1627] caption title. imprint from colophon. forbidding foreign and domestic tobacco; all tobacco from virginia and other colonies to be under the control of commissioners. "giuen at his maiesties court at windsore, the ninth day of august, in the third yeere of his reigne of england, scotland, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -charles i, 1625-1649. 2003-10 tcp assigned for keying and markup 2003-10 aptara keyed and coded from proquest page images 2003-11 mona logarbo sampled and proofread 2003-11 mona logarbo text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation for the ordering of tobacco . the kings most excellent maiestie , and his royall father of blessed memory , hauing at seuerall times and vpon seuerall occasions , published their proclamations concerning tobacco , as well that which hath beene indeauoured to bee planted within this realme , as that which is of the growth of virginia and the sommer islands , and other english colonies and plantations , and also concerning spanish and other forraigne tobacco ; and finding that the inordinate desire of taking tobacco , and the unmoderate thirst of gaine , by the planting and selling of tobacco , cannot otherwise be allayed or moderated ; hath at the last , by the aduice of his priuie counsell , determined vpon this finall resolution touching all sorts of tobacco , in manner following . first , his maiestie doth heereby declare his royall pleasure to be , and doth heereby will and command , that no person whatsoeuer doe at any time heereafter , plant , cherish , or preserue any tobacco , within these his realmes of england or ireland , or dominion of wales , or any the isles , parts , or places , of , or belonging to them or any of them , and if any bee now planted or growing there , that the same bee presently plucked vp and vtterly destroyed , by the owners , planters , tenders , or dressers thereof , and lest they or any of them , should aduenture to neglect the performance heereof , his maiestie doeth further straitly charge and command all constables , tything-men , headboroughs , and other officers within their seuerall limits and iurisdictions , carefully and effectually to see the same executed and performed accordingly . and his maiestie doth further will and command all iustices of peace , maiors , sheriffes , and other principall officers in their seuerall places , within the compasse of their seuerall iurisdictions and authorities , vpon complaint to them made , to cause the same to be duly performed and executed without partialitie , as they and euery of them will answere their contempts in that behalfe at their vttermost perils . and that the tobacco of his maiesties owne plantations and colonies may not bee planted and imported hither without limitation or measure , or vnder colour thereof , the tobacco of the growth of spaine and other forraigne parts , may not be brought into these his realmes , or sold or vttered heere , to the ouerthrow of his colonies abroad , and to the wasting of the wealth and treasure of his kingdomes at home . his maiestie doeth further will and straitly command , that no person whatsoeuer doe at any time heereafter import any tobacco of the growth of spaine , and other forraigne parts out of his owne dominions , nor sell , vtter , or offer to sell , or vtter , or otherwise dispose or keepe any such tobacco , to the intent to sell or vtter the same without his maiesties speciall commission in that behalfe , vpon paine of confiscation and forfeiture thereof , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the lawes of these his realmes , or by his prerogatiue royall which in this case he will not admit to be disputed , may be inflicted vpon the offendors . and because such forraigne tobacco , may not be receiued and vttered , vnder the pretence of the tobacco of the growth of virginia , the summer-ilands , and other colonies and plantations , vnder , and within his maiesties owne dominions , nor the planters , owners , or aduenturers , of , and in these plantations , giue themselues ouer to the planting of tobacco onely , to make a present returne of profit , and neglect to applie themselues to solide commodities fit for the establishing of colonies , which will vtterly destroy these and all other plantations ; his maiestie doth further will and command , that from henceforth no tobacco of the growth of virginia , the summer-ilands , or any other plantations , or colonies , of , or within his owne dominions , bee imported into these his realmes or dominions , or any the ports , hauens , creekes , or places thereof , without his maiesties especiall licence in that behalfe , vnder the great seale of england , and that vpon the importation thereof , the same bee deliuered into the hands of such commissioners , for his maiesties owne immediate vse , as his maiestie vnder his great seale of england shal appoint , at , & for such prices and rates to be paid for the same , as shall be reasonably agreed vpon , betweene the owners or factors of the same , and the kings commissioners on his maiesties behalfe , or if they shall not agree thereon , then to be transported againe , and sold elsewhere , vpon paine of confiscation and forfeiture thereof , and vpon such further paines and penalties , as by the law , or his maiesties prerogatiue royall may be inflicted vpon them . and further his maiestie doth straitly charge and command , that no person whatsoeuer presume to buy any sort of tobacco , within these realmes or dominions , or any hauen , port , creeke , or place thereof , of any other person , then of his maiesties commissioners onely to bee authorised vnder the great seale of england , as aforesaid , and after the same shall bee sealed with a seale to that purpose appointed , and that they , vpon the buying thereof , doe expresse the true time when the same was bought , the quantitie and qualitie thereof , in and by a note in writing indented betweene the buyer and seller , testifying the same vpon the paines and penalties aforesayd , and if during these times of hostility , and tobacco shall bee imported by any of his maiesties owne shippes , or by the ships of any of his subiects , by way of prize , or letters of marque , his further will and pleasure is , that all such tobacco shall be deliuered vnto his maiesties commissioners , at , and for reasonable prices , to bee accomptable therefore to his maiesties vse . and his maiestie doeth hereby straitly charge and command , all customers , controllers , searchers , wayters , and all other officers , ministers , of , or belonging to his customes , and also all iustices of peace , maiors , sheriffes , constables , and other our officers , ministers and louing subiects , in their seuerall places and degrees , to take knowledge of this his royall pleasure and commandement , and to bee ayding , helping and assisting to his maiesties commissioners , and their deputies , factors and seruants , in all things touching and concerning this his seruice , whereof his maiestie is resolued to require a due and strict accompt . giuen at his maiesties court at windsore , the ninth day of august in the third yeere of his reigne of england , scotland , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxvii . by the king a proclamation concerning tobacco. england and wales. sovereign (1625-1649 : charles i) 1631 approx. 7 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22537 stc 8971 estc s3583 33150514 ocm 33150514 28642 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22537) transcribed from: (early english books online ; image set 28642) images scanned from microfilm: (early english books, 1475-1640 ; 1876:132) by the king a proclamation concerning tobacco. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. [2] leaves. by robert barker, printer to the kings most excellent maiestie: and by the assignes of iohn bill, imprinted at london : 1630 [i.e. 1631] caption title. imprint from colophon. forbidding foreign and domestic tobacco; all tobacco from virginia and other colonies must pass customs at london. "giuen at our court at whitehall, the sixt day of ianuary, in the sixt yeere of our reigne." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -charles i, 1625-1649. 2003-10 tcp assigned for keying and markup 2003-10 aptara keyed and coded from proquest page images 2003-11 mona logarbo sampled and proofread 2003-11 mona logarbo text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion ❧ by the king. diev·et·mon·droit honi sit qvi mal y pense royal blazon or coat of arms ¶ a proclamation concerning tobacco . whereas in the reigne of our most deare and royall father , king iames of blessed memory , & since our accesse to the crowne , seuerall proclamations haue been made and published concerning tobacco , yet notwithstanding all the care and prouidence which hath hitherto been vsed , we finde the vnlimited desire of gaine , and the inordinate appetite of taking tobacco , hath so farre preuailed , that tobacco hath been continued to bee planted in great quantities , in seuerall parts of this our realme , and a vast proportion of vnseruiceable tobacco made and brought from our colonies of virginia summer ilands , and other our forreigne plantations , besides an incredible quantity of brasill and spanish tobacco imported hither , and secretly conueyed on land. and it is now come to passe , that those our forreigne plantations , that might become vsefull to this kingdome , lingering onely vpon tobacco , are in apparant danger to be vtterly ruined , vnlesse wee speedily prouide for their subsistence ; the bodies and manners of our people are also in danger to bee corrupted , and the wealth of this kingdome exhausted by so vselesse a weede as tobacco is ; which beeing represented vnto us by the humble petition of our louing subiects the planters and aduenturers in virginia , and also by the like humble petition of the retailers and sellers of tobacco in and about our cities of london and westminster , wee haue thought it worthy of our princely care , as a matter not only fit for our profit , & the profit of our people , but much concerning us in our honour and gouernment so to regulate the same , and compell due obedience thereto , that our forreigne plantations and colonies may bee supported and encouraged , and they made vsefull to this kingdome , by applying themselues to more solide commodities , that the healths of our subiects may be preserued , the wealth of this kingdome enlarged , and the manners of our people so ordered and gouerned , that the world may not iustly taxe us , that these are at once endangered only by the licentious vse of tobacco . and therfore hauing seriously aduised hereof , wee , by the aduice of our priuie councell , haue now resolued vpon , and published these our commands following concerning tobacco , which our royall will and pleasure is , shall be in all things obserued vpon paine of our highest displeasure , and of such paines , penalties and punishments , as by our court of exchequer , and court of starre-chamber , and by any other courts and ministers of iustice , or by our prerogatiue royall can be inflicted vpon the offendors . and first , our will and command is , that no person whatsoeuer doe at any time hereafter plant , preserue , or maintaine any tobacco , which is , hath been , or shall be planted in our kingdomes of england or ireland , or dominion of wales , or in the islands of iersey or guernesey , but that the same bee vtterly displanted and destroyed , and that none presume or aduenture to buy , sell , or vtter any such tobacco , the same being vtterly vnwholesome to bee taken . and further , that no tobacco whatsoeuer be from hencefoorth imported into these our realms , or any hauen , port , creeke or place therof , which is , or shal be of the growth of any the parts or places beyond the seas , belonging to , or vnder the obedience of any foreine king , prince , or state whatsoeuer ; but such , and so much thereof onely , as wee shall specially allow to be imported , vntill it shal be fully setled betweene those forreine princes and us , according to those treaties which are betweene us , that our subiects may not vnthriftily vent the solide commodities of our owne kingdomes , and returne the proceed thereof in smoake . and further we will and command , that no tobacco of the growth of any of our english plantations in virginia the sommer islands , caribee islands , or other islands or places in america , or the coasts thereof , be at any time hereafter imported or brought into our kingdomes of england or ireland , or dominion of wales , at any other port then at , or in our port of london onely , and the same duely entred in our custome-houses there , nor that any greater quantitie thereof bee imported there , then wee by the aduice of our priuie councell shall hold fit , and vnder our priuie seale , shall declare to bee competent for the expence of these our kingdomes , wee not thinking it fit to admit of an immeasurable expence of so vaine and needlesse a commoditie , which ought to bee vsed as a drugge onely , and not so vainely and wantonly as an euill habite of late times hath brought it vnto . and these sorts of tobacco which shall be thus brought from our owne colonies , wee will take present order shall bee well ordered and made vp , and so certified to bee , vnder the hand of the gouernour of that place , and when the same shall be brought hither , shall bee againe searched , tryed and sealed , that our subiects be not abused by corrupt tobacco . and our expresse command is , that whatsoeuer tobacco shall be taken , which shall be imported contrary to this our proclamation , the same shall be forfeited and confiscate , and by the officers of that port or place where it shall bee taken , shall be immediatly burnt . and for the ordering and gouerning of the expence and vse of tobacco when it shall be imported , wee , by the aduice of our priuie councell , shall speedily direct such a course as wee shall hold fit , which wee expect shall be also in all things obserued . and wee straitly charge and command all our customers , comptrollers , searchers , and all other the officers and ministers of our ports , that they and euery of them in their seuerall places , doe carefully and faithfully obserue our royal command , in , and concerning the premisses ; and if any of them shall be found remisse or negligent therein , or to conniue at any such offender , that hee or they shall for such their fault , without any remission be remooued from the place or places of his or their attendance on our seruice . and to the end our pleasure and command hereby published , may be the better executed , wee doe hereby will , require and command , all maiors , sheriffes , iustices of peace , bayliffes , headboroughs , and other our officers and louing subiects whatsoeuer , to be aiding and assisting , and so much as in them lyeth , to take care that the premisses herein mentioned , be duly put in execution , as they tender their duetie and allegeance to us , and will answere the contrary at their vttermost perils . giuen at our court at whitehall the sixt day of ianuary , in the sixt yeere of our reigne . god saue the king. ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie : and by the assignes of iohn bill . 1630. by the king a proclamation for setling the plantation of virginia. england and wales. sovereign (1625-1649 : charles i) 1625 approx. 8 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22363 stc 8774 estc s122663 33150299 ocm 33150299 28545 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22363) transcribed from: (early english books online ; image set 28545) images scanned from microfilm: (early english books, 1475-1640 ; 1876:36) by the king a proclamation for setling the plantation of virginia. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 2 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, printed at london : m.dc.xxv [1625] caption title. imprint from colophon. arms with "c r" at top; imprint begins "printed". "giuen at our court at white-hall, the thirteenth day of may, in the first yeere of our reigne of great britaine, france and ireland." reproduction of original in: henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -early works to 1800. monopolies -great britain -early works to 1800. virginia -history -colonial period, ca. 1600-1775. great britain -history -charles i, 1625-1649. 2003-10 tcp assigned for keying and markup 2003-10 aptara keyed and coded from proquest page images 2004-01 jonathan blaney sampled and proofread 2004-01 jonathan blaney text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion diev et mon droit . ❧ by the king. ❧ a proclamation for setling the plantation of virginia . whereas the colonie of virginia , planted by the hands of our most deare father of blessed memory , for the propagation of christian religion the increase of trade , and the enlarging of his royall empire , hath not hitherto prospered so happily , as was hoped and desired , a great occasion whereof his late maiesty conceiued to be , for that the gouernment of that colony was committed to the company of virginia , encorporated of a multitude of persons of seuerall dispositions , amongst whom the affaires of greatest moment were , and must be ruled by the greater number of uotes and uoyces ; and therefore his late maiestie , out of his great wisedome , and depth of iudgement , did desire to resume that popular gouernment , and accordingly the letters patents of that incorporation , were by his highnesse direction in a legall course questioned , and thereupon iudicially repealed , and adiudged to bee voyde ; wherein his maiesties ayme was onely , to reduce that gouernment into such a right course , as might best agree with that forme which was held in the rest of his royall monarchy , and was not intended by him , to take away , or impeach the particular interest of any priuate plantor , or aduenturer , nor to alter the same , otherwise then should be of necessity for the good of the publique : and wheras we continue the like care of those colonies and plantations , as our late deare father did , and vpon deliberate aduice and consideration , are of the same iudgement that our said father was of , for the gouernment of that colony of virginia ; now lest the apprehension of former personall differences , which haue heretofore happened ( the reuiuing and continuing whereof wee vtterly disallow , and strictly forbid ) might distract the mindes of the plantors and aduenturers , or the opinion , that we would neglect those plantations , might discourage men to goe or send thither , & so hinder the perfecting of that worke , wherin we hold the honor of our deare father deceased , and our owne honour to be deeply engaged ; we haue thought fit to declare , and by our royal proclamation to publish our owne iudgement , and resolution in these things , which by gods assistance wee purpose constantly to pursue . and therefore wee doe by these presents publish and declare to all our louing subiects , and to the whole world , that wee hold those territories of virginia and the sommer-ilands , as also that of new england , where our colonies are already planted , & within the limits & bounds wherof , our late deare father , by his letters patents , vnder his great seale of england , remaining of record , hath giuen leaue and liberty to his subiects to plant and inhabite , to be a part of our royall empire , descended , vpon us and vndoubtedly belonging and appertaining vnto us ; and that we hold our selfe , aswell bound by our regal office , to protect , maintaine , and support the same , and are so resolued to doe , as any other part of our dominions : and that our full resolution is , to the end that there may be one vniforme course of gouernment , in , and through all our whole monarchie , that the gouernment of the colonie of virginia shall immediatly depend vpon our selfe , and not be committed to any company or corporation , to whom it may be proper to trust matters of trade and commerce , but cannot bee fit or safe to communicate the ordering of state-affaires , be they of neuer so meane consequence : and that therefore wee haue determined , that our commissioners for those affaires , shall proceed according to the tenor of our commission directed vnto them , vntill wee shall declare our further pleasure therein . neuerthelesse we doe herby declare , that wee are resolued , with as much conuenient expedition , as our affaires of greater importance will giue leaue , to establish a councell , consisting of a few persons of vnderstanding and qualitie , to whom we will giue trust for the immediate care of the affaires of that colony , and who shall be answerable to us for their proceedings , and in matters of greater moment , shall be subordinate and attendant vnto our priuie councell heere ; and that we will also establish another councell to be resident in virginia , who shall be subordinate to our councell here for that colonie ; and that at our owne charge we will maintaine those publique officers and ministers , and that strength of men , munition , and fortification , as shall be fit and necessary for the defence of that plantation , and will by any course that shall be desired of us , settle and assure the particular rights and interests of euery planter and aduenturer , in any of those territories , which shall desire the same , to giue them full satisfaction for their quiet and assured enioying thereof . and lastly , whereas it is agreed on all sides , that the tobacco of those plantations of virginia and the sommer islands ( which is the onely present meanes for their subsisting ) cannot be managed for the good of the plantations , vnlesse it be brought into one hand , whereby the forreigne tobacco may be carefully kept out , and the tobacco of those plantations may yeeld a certaine and ready price to the owners thereof ; wee doe hereby declare , that to auoid all differences and contrariety of opinions , which will hardly be reconciled amongst the planters and aduenturers themselues , we are resolued to take the same into our owne hands , and by our seruants or agents for us , to giue such prices to the planters and aduenturers for the same , as may giue them reasonable satisfaction and encouragement ; but of the maner thereof , wee will determine hereafter at better leisure : and when we shall haue concluded the same , we shall expect , that all our louing subiects will readily conforme themselues thereunto . and in the meane time , because the importation and vse of forreigne tobacco , which is not of the growth of those plantations , or one of them , will visibly & assuredly vndermine and destroy those plantations , by taking away the meanes of their subsistence , we doe hereby strictly charge and command , that our late proclamation , bearing date the ninth day of april last , intituled , ( a proclamation touching tobacco ) shall in all points and parts thereof , be duely and strictly obserued , vpon paine of our high displeasure , and such further penalties and punishments , as by the sayd proclamation are to be inflicted vpon the offenders . and we doe hereby aduise all our louing subiects , and all others whom it may concerne , not to aduenture the breach of our royall commandement in any of the premisses , we being fully resolued , vpon no importunitie or intercession whatsoeuer , to release or remit the deserued punishment of such , as shall dare to offend against the same , seeing we holde not our selfe onely , but our people interessed therein . giuen at our court at white-hall , the thirteenth day of may , in the first yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ printed at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . by the king a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of virginia and the summer islands, or one of them. england and wales. sovereign (1603-1625 : james i) 1625 approx. 20 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22340 stc 8751 estc s122820 33150623 ocm 33150623 28677 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22340) transcribed from: (early english books online ; image set 28677) images scanned from microfilm: (early english books, 1475-1640 ; 1876:19) by the king a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of virginia and the summer islands, or one of them. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 4 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxiii [1624, i.e. 1625] caption title. imprint from colophon. forbidding importation except from bermuda and virginia, and naming agents to enforce the monopoly. "giuen at our court at theobalds, the second day of march, in the two and twentieth yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp 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tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2003-12 jonathan blaney sampled and proofread 2003-12 jonathan blaney text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion ❧ by the king. ¶ a proclamation for the vtter prohibiting the importation and vse of all tobacco , which is not of the proper growth of the colonies of virginia and the summer islands , or one of them . whereas , at the humble suite of our commons in parliament , by our royall proclamation , bearing date the nine and twentieth day of september now last past , for the reasons therein contained , we haue prohibited the importation and vse of all tobacco , which is not of the proper growth of our colonies of virginia and the summer islands , or one of them ; and whereas , vpon the humble petition of many our louing subiects ▪ being planters or aduenturers in those colonies , and for the support and incouragement of those plantations ( whose prosperous estate we much affect , and shall by all good meanes be alwayes ready to cherish and protect ) we haue beene contented to tolerate the vse of tobacco , of the growth of those plantations for a time , vntill by more solid commodities they be able to subsist otherwise , which ( as we are informed ) they cannot as yet by any meanes doe ; and therefore by our said proclamation , wee did thinke fit to giue particular directions in many things tending to those ends , and did straitly command the due execution and obseruation thereof , vnder the penalties therein contained : now because wee haue beene informed , aswell by the humble certificate of our commissioners for virginia , as by the humble petition of diuers of our louing subiects , the planters and aduenturers of , and in those colonies , that , notwithstanding our royall pleasure was so expressely signified . and the reasons of state are so plainely laid downe , as might haue perswaded euery well affected subiect to the due obseruance thereof ; yet diuers , out of an inordinate desire of priuate gaine , haue wilfully disobeyed our commandement herein , and thereby haue indeauoured , as much as in them lieth , to destroy so noble a worke as the support of those plantations , which so much concernes our honour , and the honour and profit of our people . wee therefore , being very sensible of this neglect and contempt , haue thought good to renew our said proclamation ; and doe hereby signifie and declare vnto all our louing subiects , and vnto all others , our expresse will and pleasure to be , that our said former proclamation , and euery clause , prohibition , article and thing therein contained , shall from hencefoorth be duly obserued and obeyed , with such alterations and additions , as are in these presents contained and expressed , vpon paine of our high displeasure , and such penalties and punishments , as in our said former proclamation are , or in these presents shall be limited or appointed for the offenders thereof . and whereas some haue since our said last proclamation , vnmerchantlike , secretly and cunningly stollen in great parcels of tobacco , contrary to our said proclamation ; wee would haue those persons , and all others by their example know , that they must expect the seueritie of that censure , which our court of starre-chamber shall thinke fit to inflict vpon them , and that wee are resolued not to relent or remit their deserued punishment , but to cause them and all others , that shall dare to offend herein , to bee prosecuted and punished in such measure , as such their high contempt doth deserue . and because we conceiued it would be vtterly in vaine to prohibite the importation of such forreine tobacco , as aforesaid , vnlesse the care and ch●rge of the execution thereof were committed by us , to some fit and able persons , who besides the respect to our seruice , might for their owne particular interests take the same to heart ; therefore we haue by our letters patents vnder our great seale of england , authorized certaine persons , citizens of london , well affected to those plantations , an our seruice , by themselues , and their deputies , to search and inquire into the offences , and offenders against our said proclamation : and wee haue also contracted with them to bee our agents for us , and to our vse to receiue the tobacco of those colonies , at , and for such prices as wee haue agreed to giue for the same ; and besides those prices , to bee giuen to the planters and owners of the said tobacco , our said agents haue further contracted with us , to giue and pay vnto us , and to our vse , such summes of money more , as may giue us reasonable satisfaction for that losse , which otherwise wee should sustaine in our customes and other dueties , and may inable us to beare that charge , which wee haue vndertaken yeerely to disburse for the generall defence and support of those plantations . and we doe further by this our proclamation publish and declare , that we will constantly and inuiolably obserue and performe our said contract , and on our parts , will allow and disburse out of our reuenew , those summes of money for the safety of those plantations , and for the ease of the planters and inhabitants there , which by the said contract hath beene on our parts vndertaken ; whereof we would haue , aswell our said agents , as the planters and aduenturers in those colonies , and all other whom it may concerne , to rest confidently assured . and because wee are giuen to vnderstand , that diuers vsing to trade in tobacco , and hauing a purpose to import , or buy , or sell the same , contrary to the intent of this our proclamation , doe vsually land the same at priuate wharffes , staires , or other places , and send , or conueigh the same vnto the houses , cellers , warehouses , or other places , of , or belonging to others , who are lesse suspected then themselues , thereby to conceale the same from us , and our agents ; wee further will and command , that from hencefoorth no person whatsoeuer , presume , or suffer the said prohibited tobacco to bee landed at any wharffe , staire , or other place , nor receiue , or conceale any such prohibited tobacco , or suffer the same to be bestowed in any of their houses , cellers , warehouses , or other places , vpon paine of our high displeasure , and vpon such paines and penalties , as by this , or our former proclamation , are to be inflicted vpon the principall offenders . and to the intent that all the prohibited tobacco brought in , shal be iustly and truely exported againe , & no part therof sold , or vented within these our kingdomes ; our will and command is , that all the prohibited tobacco which shall be seized within our kingdome of england , shall be brought and deliuered into the ware-house , or storehouse which shall be to that purpose prouided by the said agents , in our city of london ; and all the prohibited tobacco , which shall be seized within our kingdome of ireland , shall bee brought and deliuered into the warehouses , or storehouses which shall to that purpose bee appointed by our agents in our city of dublin , or elsewhere within our said kingdome of ireland . and for the incouragement of those , who shall take paines in the discouery and seizing thereof , our will and pleasure is , that the one halfe of the reasonable value thereof , shall bee paid vnto the seizers thereof in money by our agents , & the tobacco it selfe shall be exported againe by our said agents , or by their appointments : and for the better execution of our seruice herein , we doe hereby giue full power and authority , as well to our agent and agents , as to their deputy and deputies , at all time and times , to enter into , and to search for any prohibited tobacco , contrary to this our proclamation , in any ship , boate , or vessell , or in any house , shop , celler , soller , warehouse , or in any trunke , chest , case , barrell , or pack , cabbin , or any other suspected place whatsoeuer , and finding any such prohibited tobacco , the same to seize and cary away , to be conueyed to such place or warehouse , as our said agent shall appoint for that purpose , as aforesaid . and our expresse will and command is , that neither our said agents , nor any others , doe sell , or vtter any part of the said prohibited tobacco , within any our owne dominions , there to bee spent and vsed , whereby the vent of the tobacco of our colonies aforesaid may any way bee hindred , vpon paine of our heauy displeasure , and such other paines and penalties , as other offenders against this our proclamation are liable vnto . and whereas by our former proclamation , we did command , that from , & after the fiue & twentieth day of march , then , and now next ensuing , no person should sell , vtter , or offer to put to sale , or vse any tobacco , which is not of the proper growth of the colonies aforesaid , and before the ende of forty dayes then next ensuing , should transport out of our said kingdome , all other tobacco , then that of the growth of those colonies ; wee doe now by this our proclamation , ratifie and confirme the same , and command , the same to be duely put in execution : and to the ende there may be no euasion vsed to auoyd the same , wee doe hereby giue full power and commandement to our said agents , by themselues and their deputies , at any time , or times after the said fiue and twentieth day of march now next ensuing , to search for the said prohibited tobacco , and to take a true and exact note and accompt of the quantity thereof , to the intent that the owners thereof , before the ende of forty dayes next ensuing after the said fiue and twentieth day of march , either by themselues , or some other , may export the same by the priuity of the said agents , according to the true intent of this , and of our said former proclamation , and at the end of the said forty dayes , may giue a iust account vnto our said agents , what is become thereof ; & whatsoeuer tobacco which is not of the proper growth of the plantations aforesaid , shall after the said forty dayes be found in the hands of any person whatsoeuer , shall bee seized by our said agents , or their deputies to our vse , and the said person or persons hauing or vsing the same , shall incurre our high displeasure , and bee subiect to such further paines and penalties , as by our said proclamation are to be inflicted vpon any other offenders . and our further will and command is , that all the tobacco of the growth of our colonies aforesaid , shall be brought to the custome-house key of our port of london , and there be deliuered to our agents , or their assignees to our vse , according to our contract aforesaid , or be kept in our said custome-house to bee transported out of our dominions ; and whatsoeuer tobacco of the growth of those plantations , or either of them , shall not be brought to that key , and be deliuered as aforesaid , or for which there shall not bee good security giuen to our agents , within foureteene dayes after the landing thereof , to export the same as aforesaid , the same shall bee forfeited and seized to our vse by our agents or their deputies , as other prohibited tobacco , and this to bee duely obserued vnder the paines and penalties aforesaid . and whereas wee are giuen to vnderstand , that diuerse vsing to trade in tobacco . haue and still doe secretly and vnderhand steale into our kingdomes the said prohibited tobacco and doe so priuily hide and conceale the same , that they cannot be easily discouered , nor found out , and doe either by themselues , or others by them to that purpose imployed , carry the same by small quantities to the houses or shops of our subiects , inhabiting within our said kingdomes , and doe sell or profer the same to bee sold , or else doe secretly and couertly offer to contract for the sale of such prohibited tobacco ; our will and pleasure is , and wee doe hereby straitly charge and command all and euery our louing subiects , to whom any the said prohibited tobacco shal be offered to be sold or contracted for , as aforesaid that immediately vpon the sight of any such prohibited tobacco , or vpon offer to contract for any such tobacco , they make stay thereof , and of such person or persons , as shall either profer the same to sell , or shall offer to contract for any the said prohibited tobacco , and that they and euery of them , who shall haue the said prohibited tobacco so proffered vnto them to be sold , as aforesaid , shall giue notice thereof , and charge the next constable , head-borough , or other officer , with such person or persons , who shall offer to put the same to sale , vpon paine of our high displeasure , and of such other paines and penalties , as other offenders against this our royall proclamation are liable vnto . and wee doe hereby further charge and command all and singuler constables , head-boroughs & other our officers aforesaid , that they and euery of them , vpon notice vnto them giuen of any such prohibited tobacco , as aforesaid , or of any such person and persons so offending , as aforesaid , that they seize the said tobacco , and detaine all such person and persons so offending as they shal haue knowledge of , vntill they haue giuen notice thereof vnto our said agents or their deputie or deputies , and vntill by their meanes the person offending may be brought before such officer as hath power by this our proclamation to take sufficient bond for the appearance of such person , in some of our courts of iustice , to answer for their faults as the same shall deserue . and for the better finding out and discouery of the offences and offenders against our former and this our proclamation , we are well pleased , and doe hereby require and command , that our treasurer , commissioners for our treasury , chancellour and barons of our exchequer now , and for the time being , within our said kingdomes of england and ireland , respectiuely shall and may award such and so many commissions , as they shall thinke meet , to be directed to discreet and fit persons in all or any our ports , or elsewhere , to enquire of and examine vpon oath , or otherwise , all such persons as are , or shall be suspected to haue heretofore offended , or which hereafter shall offend against this , or our former proclamation in this behalfe , or any other person or persons whatsoeuer , for the finding out and discouery of the said offences and offenders , as is before mentioned ; to the end that , as well the importers of such tobacco as the buyers , sellers , spenders , receiuers and concealers thereof , may receiue such condigne punishment by fine or otherwise , for their offences , as by our court of star-chamber , or court of exchequer shall be thought fit : and in case such tobacco shall not , or cannot be taken , or found to bee seized , that then euery such offender shall forfeit and pay to the hands of our agent or agents , in this behalfe for our vse , the full value of such tobacco , as the said offenders heretofore haue , or hereafter shall haue imported , bought , sold , vented or receiued , as aforesaid , beside such further punishment , as shall be fit to be inflicted vpon them for their contempt . and our further will and pleasure is , and we doe hereby declare , that whatsoeuer our said agent or agents , their assignee or assignees , vnder the hands and seales of the greater number of them , haue already done , or shall doe hereafter against any offender or offenders , in requiring and taking the forfeiture of any tobacco , or the value thereof so imported or vttered as aforesaid , or in the mitigating or taking any lesse summe then the value of the same of any such offender in the premisses , or otherwise according to the good discretion of our said agent or agents , wee doe and will from time to time approue and allow of by these presents : and this signification of our pleasure shall be as well vnto our said agent or agents for the time being , as vnto all and euery such commissioner and commissioners which haue beene , or shall be imployed , in , or about this our seruice , a sufficient warrant and discharge in that behalfe , without any account to be by them , or any of them respectiuely yeelded to us , our heires or successors , and without incurring any penalty in the doing or executing of this our seruice and royall command . and forasmuch as heretofore diuers great quantities of tobacco haue beene imported into this realme , vnder the name or names of sundry poore mariners , and other , which are not able to pay the value thereof , nor giue satisfaction for the same , our will and pleasure is , the better to auoyd such frauds and deceipts in time to come , that in whatsoeuer ship , or other uessel , any such tobacco in greater or lesser quantities , shall be found or discouered to haue beene , or to be so imported ▪ and to be shifted away that seizure thereof cannot , or shal not be made , that then such mariners , or others , who shall so import or couler the said tobaccoes , shall not onely be punished , as aforesaid , but that euery master of such ship or uessell , wherein such tobacco shall be so imported or shifted away , as aforesaid , shall forfeit to us the value of the said tobacco , and that such ship or ships shall be arrested , and stayed by the officers of euery port , or any of our agents , their d●puties or assignees respectiuely , vntill the said forfeiture be duly answered and paid to the hands of our said agent or agents to our vse , or su●h others as they sh●ll appoint in that behalfe . and for the better execu●●on of the 〈◊〉 , wee doe straitly charge and commaund all iustices of peace , mayors , sheriffes , bailiffes , constables , hea● boroughs , tythi●gmen , our warden and constable of our cinque ports , and all other our officers and ministers , as well of our admiralties , as otherwise , and all other our louing subiects , to whom it shall or may appertaine , that they and euery of them at all time & times hereafter , and from time to time , vpon sight of our letters patents , granted to our said agents , or of a deputation vnder the hands & seales of our agents , or any three of them , be ayding and assisting to our said agent and agents , and their deputie and deputies , and to such our commissioners , as shall be from time to time appointed for or about this our seruice , and also to be from time to time ayding and assisting to all our searchers , wauers , and to all such other person and persons as shall be authorized by our said agent or agents , or by our customers or farmers of our customes , for the searching , seizing , taking , and carying away of all such tobacco imported , or hereafter to be imported or vttered , or intended to be put to sale contrary to this our royall prohibition and commaund . and if any person or persons shall bee found , priuily or secretly to oppose or animate any others , to contradict or withstand them in the due execution of this our seruice and royall commaund , or to neglect the due execution thereof , that then we do by these presents , straitly charge and command , all and euery our sayd officers respectiuely , that euery such person and persons shall be apprehended and brought before our treasurer , chancellour of our exchequer , or before any the lords or others of our priuy councell , or before our chiefe baron , or some other of the barons of our exchequer for the time being , to receiue such order for condigne punishment to be inflicted vpon them according to their demerits , as shall be fit . giuen at our court at theobalds , the second day of march , in the two and twentieth yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxiiii . 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 approx. 115 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a46717 wing j526 estc r17792 12166317 ocm 12166317 55333 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46717) transcribed from: (early english books online ; image set 55333) images scanned from microfilm: (early english books, 1641-1700 ; 816:22) 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. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. monopolies -england -early works to 1800. 2004-06 tcp assigned for keying and markup 2004-06 aptara keyed and coded from proquest page images 2004-07 rachel losh sampled and proofread 2004-07 rachel losh text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion 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 . 