the case of monopoly Edward darcy esquire a groom of the Chamber to queen  Elizabeth bring a action on the case against Thomas allein haberdasher of  London and declare that queen Elizabeth June year  intend that her subject be  able man to exercise husbandry shall apply themselves there unto and that they  shall not employ themselves to the make of play card which have not be any  ancient manual occupation within this realm and that the make of such a  multitude of card card play be become very frequent and chief among servant  and apprentice and poor artificer and to the end her subject may apply  themselves to more faithful and necessary trade by her letter patent under the  great seal of the same do grant unto Ralph bow Esqire full power licence and  authority by himself his servant factor and deputy to provide and buy in any  part beyond the sea all such play card as he think good and to bring they  within this realm and to sell and utter they within the same and that he his  servant factor and deputy shall have and enjoy the whole Trade traffic and  merchant of all play card and by the say letter patent further grant to the  say Ralph bow that the say Ralph bow his servant factor and deputy and no  other shall have the make of play card within the realm to have and to hold  for twelve year and by the say letter patent the queen charge and command that  no person or person beside the say Ralph c shall bring any card within the  realm during those twelve year nor shall buy sell or offer to be sell within  the say realm within the say term any play card nor shall make or cause to be  make any play card within the say realm upon pain of the queen gracious  displeasure and of such fine and punishment as offender in the case of  voluntary contempt deserve and afterward the queen Aug year  Elizabeth by her  letter patent recite the former grant make to Ralph bow grant the plaintiff  his executor administrator and their deputy the same privilege authority and  other the say premise for one and twenty year after the end of the former time  render to the queen hundred mark per annum and further grant to he a seal for  to mark the card and further declare that after the end of the say term of  twelve year sure June a Elizabeth the plaintiff cause to be make four hundred  gross of card for the necessary use of the subject to be sell within this  realm and have spend in the work of they l and that the defendant know the say  grant and prohibition in the plaintiff letter patent and other the premise  of Mars Elizabeth without the queen licence or the plaintiff c at Westminster  do cause eighty gross of play card to be make and as well those as other gross  of play card of which many be make within the realm or bring within the realm  by the plaintiff or his servant factor or deputy c nor mark with his seal he  have import within the realm and have sell and utter they to sundry person  unknown and show some in certain for which the plaintiff can not utter his  play card c contra form predict literar to stand open et in contempt  speech  owner queen whereby the plaintiff be disable to pay his farm rend to the  plaintiff damage the defendant beside to one half gross plead not guilty and  as to that he plead that the city of London be a ancient city and within the  same time out of mind there have be a society of haberdasher and that within  the say city there be a custom quoth who mask de joint pursuit that use to be  et to become used to pass through to sell et freely merchandizare all men   remember et all res merchandizabiles infra hoc kingdom England de wherever  well whoever mask c and plead that he be fellow citizen et libre a human being  de community et joint pursuit that and sell the say half gross of play card be  make within the realm c as it be lawful from he to do upon which the plaintiff  do demurrer in law and this case be argue at the bar by Dodderidg full Fleming  solicitor and coke attorney general for the plaintiff and by George crook  Altham and Tanfield for the defendant and in this case two general question be  move and argue at the bar arise upon the two distinct grant in the say letter  patent videlicet if the say grant to the plaintiff of the sole make of card  within the realm be good or not if the licence or dispensation to have the  sole importation of foreign card grant to the plaintiff be available or not in  law to the bar no regard be have because it be no more then the commonlaw will  have say and then no such particular custom ought to have be allege for in his  who de jure common omnibus  to go away custom alicuj native land well loci non  be allegand and therewith agree Edward a c and although the bar be hold  superfluous yet it shall not turn the defendant to any prejudice that he may  well take advantage of the insufficiency of the court as to the first question  it be argue on the plaintiff side that the say grant of the sole make of play  card within the realm be good for three cause because the say play card be not  any merchandise or thing concern Trade of any necessary use but thing of  vanity and the occasion of expense of time waste of patrimony and of the live  of many the loss of the service and work of servant cause of want which be the  mother of woe and perdition and therefore it belong to the queen who be parent  native land paterfamilias all royal power and as it be say in Henry fol  capital crime  justice England to take away the great abuse and to take order  for the moderate and convenient use of they in matter of recreation and  pleasure the queen have a prerogative give her by the law to take such order  for such moderate use of they as shall seem good to her the queen in regard of  the great abuse of they and of the deceit of the subject by reason of they may  utter suppress they and by consequence without injury to any one she may  moderate and suffer they at her pleasure and the reason of the law which give  the king these prerogative in matter of recreation and pleasure be because the  great part of man be ready to exceed in they and upon these ground diverse  case be put sure that no subject can make a park chase or warren within his  own land for his recreation or pleasure without the king grant or licence and  if he do it of his own head in a quo warranto they shall be seize into the  king hand as it be hold in Edward action sur Le statute Br and Edward rot pat  the king grant to another all the wild swan betwixt London bridge and Oxford  as the second it be argue and strong urge that the queen by her prerogative  may dispense with a penal law when the forfeiture be popular or give to the  king and the forfeiture give by the statute of Edward cap in case of bring of  card be popular Henry b Henry b Henry b r a blow come Greindon's case a b  Elizabeth dyer Elizabeth Elizabeth Henry dyer Henry Edward release ass pl  Edward Edward f n b b as to the first it be argue by the defendant counsel and  resolve by Popham chief justice et per all senate that the say grant to the  plaintiff of the sole make of card within the realm be void and that for two  reason the same be a monopoly and against the commonlaw that it be against  diverse act of parliament against the commonlaw for four cause all trade as  well mechanical as other which avoid idleness the bane of the commonwealth and  exercise man and youth in labour for the maintenance of they and their family  and for the increase of their live to serve the queen if needs be be  profitable for the commonwealth and therefore the grant to the plaintiff to  have the sole make of they be against the commonlaw and the benefit and  liberty of the subject andtherewithagreeth fortescue in praise law England cap  and a case be adjudge in this court in a action of trespass between Davenant  hurdis Trin Elizabeth rot where the case be that the company of merchant  tailor in London have power by charter to make ordinance for the better rule  and government of the company so that they be consonant to law and reason make  a ordinance that every brother of the same society who shall put any cloth to  be dress by any clothworker not be a brother of the same society shall expose  one half of his clothes to any brother of the same society who exercise the be  of a Cloathworker upon pain of forfeit ten shilling c and to distrain for it c  and it be adjudge that the ordinance although it have the countenance of a  charter be against the commonlaw because it be against the liberty of the  subject for every subject by the law have freedom and liberty to put his  clothes to be dress by what clothworker he please and can be restrain to  certain person for that in effect shall be a monopoly and therefore such  ordinance by colour of a charter or any grant by charter to such effect shall  be void the sole Trade of any mechanical artifice or any other monopoly be not  only a damage and prejudice to those who exercise the same Trade but also to  all other subject for the end of all these monopoly be for the private gain of  the patentee and although provision and caution be add to moderate they yet  res surely fool be wickedness modus it be mere folly to think that there be  any measure in mischief or wickedness and therefore there be three inseparable  incident to every monopoly against the commonwealth that the price of the say  commodity shall be raise for he who have the sole sell of any commodity may  make the price as he please and this word monopoly be say come One solus some  genus trade whole world emit price and suum it pleases to cause to stand and  the poet say all Castor emit such fit ut all to sell and it appear by the Writ  of and quoth damnum f n b a that every gift or grant from the king have this  condition either express or tacit annex to it that quoth native land per  donation that to greater extent custom non to load seu to make heavy and  therefore every grant make in grievance and prejudice of the subject be void  and Henry b the king grant which tend to the charge and prejudice of the  subject be void the second incident to a monopoly be that after a monopoly  grant the commodity be not so good and merchantable as it be before for the  patentee have the sole trade regard only his private and not the public weal  this same lead to the impoverish of diverse artificer and other who before by  labour of their hand in their be or Trade have keep themselves and their  family who now of necessity shall be constrain to live in idleness and beggary  vide fortescue where above and the commonlaw in this point agree with the  equity of the law of God as appear in misuse cap xxiv for non  to take without effort loco pledge  below et that is above crowd because mind  to sew to apply lead to flute you shall not take in pledge the neathet and  upper millstone for the same be his life by which it appear that every man  Trade do maintain his life and therefore he ought not to be deprive or  dispossess of it no more than of his life and the same also agree with the  civil law at Justinianum monopol non be to send in quoniam non and just  republic say and landslip detrimentaque pertinent monopol interdixeru law  courtesy cap de Monopoliis lege only Zeno imperator statuit ut operator  monopol good omnibus to strip to throw to Zeno self to write back  of the empire non be to hear si any monopol  to go away the queen be deceive  in her grant for the queen as by the preamble appear intend the same to be for  the weal public and it shall be employ for the private good of the patentee  and for the prejudice ofthewealpublic also the queen mean that the abuse shall  be take away which shall never be by this patent but rather the abuse will be  increase fort the private benefit of the patentee and therefore as it be say  in Edward in the earl of ken case this grant be void jure king this grant be  of this first impression for no such be ever see to pass by letter patent  under the great seal of England before this time and therefore it be a  dangerous innovation as well withoutanyorexampleaswithout authority of law or  reason and it be observe that this grant to the plaintiff be make for  twenty-one year so that his executor administrator wife or child or other  inexpert in the be and Trade shall have this monopoly and it can be intend  that Edward darcy esquire and groom of the queen privy Chamber have any skill  in this mechanical trade in make of card and then it be say that the patent  make to he be void for to forbid other to make card who have the be and skill  and to give he the only make of they who have no skill to make they shall make  the patent utter void vide Edward b and although the grant do extend to his  deputy and it may be say he may appoint deputy who shall be expert yet if the  grantee himself be unexpert and the grant be void as to he he can make any  deputy to supply his room because quoth per I non possum nec per other and as  to what have be say that play card be a vanity it be true if it be abuse but  the make of they be no pleasure but labour and pain and it be true that none  can make a park chase or warren without the king licence for that be in modus  to appropriate those which be ferae nature et no one in good to himself and to  restrain they of their natural liberty which he can do without the king  licence but forhawking hunt c which be matter of pastime pleasure and  recreation there needs no licence but every one may in his own land use they  at his pleasure without any restraint to be make if not by parliament as  appear by the statute of Henry c Elizabeth c James king c and it be evident by  the preamble of the say Act of Edward c that the bring in of foreign card be  forbid at the grievous complaint of the poor artificer Cardmakers who be not  able to live of their trade if foreign card shall be bring in as appear by the  preamble by which it appear that the say Act provide remedy for the  maintenance of the trade of make card for as much as the same maintain diverse  family by their labour and industry and the like Act be make in Henry cap and  therefore it be resolve that the queen can not suppress the make of card  within the realm no more than the make of dice bowl ball hawk hood bell Lewers  dog-couple and other like which be work of labour and be although they shall  be for pleasure recreation and pastime and they can be suppress if not by  parliament nor a man restrain to use any trade but by parliament Edward cap  Elizabeth cap and the play at dice and card be not forbid by the commonlaw as  appear m Elizabeth dyer if not that some be deceive by false dice or card and  there he who be deceive shall have a action upon this case to the deceit and  play at card dice c be not malum in see for then the queen shall not suffer  nor licence the same to be do and where king Edward the three in the year of  his reign command the exercise of shoot and artillery and forbid the exercise  of cast of stone and bar and the hand and foot ball cock fight elsewhere game  containing nothing as appear in dors enclosed space de a Edward nu yet no  effect thereof follow till diverse of they be forbid upon a penalty by diverse  act of parliament videlicet Richard cap Henry cap Edward cap Henry cap also  such charter of a monopoly against the freedom of Trade and traffic be against  diverse act of parliament sure Edward c which for the advancement of the  freedom of Trade and traffic extend to all vendible thing notwithstanding any  charter of franchise grant to the contrary or usage or custom or judgement  give thereupon which charter be adjudge by the same parliament to be of no  force or effect and make at the request of prelate baron and grandee of the  realm to the oppression of the Commons and by the statute of Edward cap it be  enact that the Act of e shall be keep hold and maintain in all point and it be  further thereby enact that if any statute charter letter patent proclamation  command usage allowance or judgement be make to the contrary that the same be  utter void vide great Charta cap Edward cap c as to the second question it be  resolve that the dispensation or licence to have the sole importation and  merchandise of good without any limitation or stint nothstanding the say Act  of Edward be utter against law for it be true that for as much as a Act of  parliament which general forbid a thing upon penalty which be popular or only  give to the king may be inconvenient to diverse particular person in respect  of person place time c and for this cause the law have give power to the king  to dispense with particular person management mali to hold before be de jure  lord king concession near impossibilitat praeviden de omnibus particular et  management be mali hinder foreseeing an easing usefulness seu necessitate  to weigh but when the wisdom of the parliament have make a Act to restrain pro  good public the bring in of many foreign manufacture to the intent that the  subject of the realm may apply themselves to the make of the say manufacture c  and thereby maintain themselves and their family with their handy labour now  for a private gain to grant the sole importation of they to one or diverse  without any limitation notwithstanding the say Act be a monopoly against the  commonlaw and against the end and scope of the same Act for the same be not to  maintain and increase the labour of the poor Cardmakers within the realm at  who petition the Act be make but utter to take away and overthrow their trade  and labour and that without any reason of necessity or inconveniency in  respect place or time and so much the rather because it be grant in reversion  for year as have be say but only for the benefit of a private man his executor  and administrator for his particular commodity and in prejudice of the  commonwealth and king Edward the three by his letter patent grant to one John  peche the sole importation of sweet wine into London and at a parliament hold  Edward this grant be adjudge void as appear in rot parliament a Edward mich  also admit that such grant or dispensation be good yet the plaintiff can  maintain a action upon the case against those who bring in any foreign card  but the remedy which the Act of Edward in such case give ought to be pursue  and judgement be give and enter quoth to express grief nothing to wrinkle per  billam and note reader and well observe the glorious preamble and pretence of  this odious monopoly and it be true quoth privileg who re true are in  precedent republic to greater extent yet good to have frontispicia et good  public officer pretense how good et of permission say pretense to be for sale  non debet  to send to illicit and our lord the king that now be in a book  which he in zeal to the law and justice command to be print year  entitle a  declaration of his majesty pleasure c p have publish that monopoly be thing  against the law of this realm and therefore express command that no suitor  presume to move he to grant any of they