coke b the case OF monopoly Trin Elizabeth see Marsden v Saville Sireet  foundry company ex d great eastern railway company v goldsmid App Cas r v  county court judge of Halifax qb qb a grant by the crown of the sole make of  card within the realm be void a dispensation or licence to have the sole  importation and merchandise of card without any limitation or stint be against  law notwithstanding the e which impose a forfeiture upon their importation SC  more Noy Com dig Trade a d skin c Carth Lucas Inst   a Inst keb hob Edward  darcy esquire a groom of the privy Chamber to queen Elizabeth bring a action  on the case against t allein haberdasher of London and declare that queen  Elizabeth June year Elizabeth intend that her subject be able man to exercise  husbandry shall apply themselves thereunto and that they shall not employ  themselves in make play card which have not be any ancient manual occupation  within this realm and that by make such a multitude of card cardplaying be  become more frequent and especial among servant and apprentice and poor  artificer and to the end her subject may apply themselves to more lawful and  necessary trade by her letter patent under the great seal of the same date  grant to Ralph bow Esq 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 import they into 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 merchandise of all play card and by the same  letter patent further coke a grant that the say Ralph bow his servant factor  and deputy and none other shall have the make of play card within the realm to  have and to bold for twelve year and by the same letter patent the queen  charge and command that no person or person beside the say Ralph bow 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 b   light a dyer pl  more Poph latch roll Rep coke report b er p any play card nor shall make or  cause to be make any play card within the say realm upon pain of the queen  high displeasure and of such fine and punishment as offender in the case of  voluntary contempt deserve and afterward the say queen Aug year Elizabeth by  her letter patent recite the former grant make to Ralph bow grant the  plaintiff his executor and administrator and their deputy c the same privilege  authority and other the say premise for twentyone year after the end of the  former term render to the queen mark per annum and further grant to he a seal  to mark the card and further declare that after the end of the say term of  twelve year S June a Elizabeth the plaintiff cause to be make gross of card  for the necessary use of the subject to be sell within this realm and have  expend in make they and that the defendant know of the say grant and  prohibition in the plaintiff letter patent and other the premise of Mars year  Elizabeth without the queen licence or the plaintiff c at Westminster cause to  be make gross of play card and as well those as other gross of play card none  of which be make within the realm or import 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 they have sell and utter to sundry person unknown and show some  in certain wherefore the plaintiff can not utter his play card c contra form  predict literar to stand open etin contempl dick domince Regin a whereby the  plaintiff be disable to pay his farm to the plaintiff damage the b defendant  except to one half gross plead not guilty and as to that plead that the city  of London be a ancient city and that within the same from time whereof c there  have be a society of haberdasher and that within the say city there be a  custom quod qulibet mask de joint pursuit that use to be et to become used to  pass through coke b to sell et freely c merchandizare omneln remember et all  men 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 he lawful may d upon which the plaintiff demurrer in law and  this case be argue at the bar by dodderidge full Fleming solicitor and coke  attorneygeneral for the plaintiff and by crook g 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 e because it be no more than the commonlaw will have say and then no such  particular custom ought to have be allege for in haec quo de jure coNmun  omnibus to go away custom alic?yus patrice well loci non be allegand and  therewith agree a e a c a and although b the bar be hold superfluous yet that  shall not turn the defendant to any prejudice but that he may well take  advantage of the insufficiency of the declaration b 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 reason 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 loss of time and decrease of the substance of many  the loss of the service and work of servant cause of want which be the mother  of woe and destruction and therefore it belong a roll b more Noy c Doctrin  placit d more Noy e Doctrin placit Q Carth a Br prescription a vide note b  comb case   b b Doctrin placit hob cro car cro James   b b palm light Rep  Bulstr b vide note f Frauncess case   a note f Bonhams case   b coke report a  er p to the queen who be parent patrice etpate9familias tolius royal power and  as it be say c in h 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 seem good to her the queen in  regard of the great abuse of they and of the cheat put upon her subject by  reason of they may utter suppress they and by coke a consequence without  injury do to any one may moderate and tolerate 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 mankind be inclinable to  exceed in they and upon these ground diverse case be put see that no subject  can make a d park chase or I warren within his own land for his recreation or  pleasure without the king grant or licence and if he do it of his own bead in  a quo warranto they shall be seize into the king hand as it be hold in e  action stir Le statute Br and e rot pat the king grant to another all the wile  swan betwixt London bridge and Oxford as to the second it be argue and strong  urge that the e 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 e cap in case of importation of card be popular h b h b h b r a  blow Com Greindons case a b Elizabeth dyer Elizabeth Elizabeth h dyer h e  release ass pl e e f n b b c as to the first it be argue to the contrary by  the defendant counsel and resolve by Popham chief justice et_per totamCuriam  that the say a grant to the plaintiff of the sole make of card within the  realm be utter void d and that for two reasons I that it be a monopoly and  against the commonlaw that it be against diverse act of parliament against the  commonlaw for four reason all b trade as well mechanical as other which  prevent idleness the bane of the commonwealth and exercise man and youth in  labour for the maintenance of themselves and their family and for the increase  of their substance to serve the queen when occasion shall require be  profitable for the commonwealth and therefore the grant to the plaintiff to  have the sole make of they be against the commonlaw and c h a d postea b e e c  Br patent Br prerogative chart de pardon Br licence Fitzherbert grant   jenk  cent hob keb dyer pl pl Bulstr day b b side   b   light a   b Hardr roll Rep  cro car Inst keb c by stat I W and m saint c it be declare that the pretend  power of suspend or dispense with law or the execution of law by regal  authority without consent of parliament be illegal vide I black command a  Hardr roll cumber to Lucas Inst   a d so the king grant of the sole make and  write of bill plead and writ in a court of law to any particular person have  be hold to be void Manuson v lyster W Jones earl of Yarmouth v Darrel Mod by  stat James c all monopoly grant letter patent and licence for the sole buy  sell and make of good and manufacture be declare void except in some  particular case but this do not extend to any grant or privilege grant by Act  of parliament nor to any grant or charter to corporation or city c or to grant  to company or society of merchant for enlargement of trade or to inventor of  new manufacture who have patent grant or privilege for print or make gunpowder  cast ordnance c b before b Raymond palm hob carter keb roll Rep cro Elizabeth  coke report b er p the benefit and liberty of the subject and therewith agree  fortescue in landibus law Anglive cap and a case be adjudge in this court in a  action of trespass c inter Davenant and 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 coke b of the same society shall put one half of his clothes to some  brother of the same society who exercise the art of a clothworker 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 cloth to be dress by what  clothworker be please and can be restrain to certain person for that in effect  will be a monopoly and therefore such ordinance by colour of a charter or any  grant by charter to such effect will 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 d res prfecto fool be nequitice modus it  be commodity 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 see that e the price of the same commodity will be  raise for he who have the sole sell of any commodity may and will make the  price as he please and this word a monopolium to say plants of genus arum tov  ilovov kat vwxew quod be cum unit solus some genus mercaturce whole world emit  price ad suum it pleases to cause to stand and the poet say in all respects  Castor emit such fit ut in all respects to sell and it appear by the writ of  id quod damnum f n b a b that every gift or grant from the king have this  condition either express or tacit annex to it that quod native land per  donation that to greater extent custom non to load seu to make heavy and  therefore every grant make in grievance or prejudice of the subject be void  and h b the king grant which tend to the charge and prejudice of the subject  be void the d c incident to a monopoly be that after the 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 benefit and not the common wealth  it d tend to the impoverishment of diverse artificer and other who before  bythe labour of their hand in their art or trade have maintain themselves and  their family who now will of necessity 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 xxiy for non to take  without effort loco coke a e pledge below et that is above crowd because mind  svan to apply lead to flute you shall not take in pledge the neither and upper  millstone for that be his life by which it appear that every man trade  maintain his life and therefore he ought not to be deprive or dispossess of it  no more than of his life and it agree also with the civil law at Justinianum  for to bring together monopol non be intromiltenda quoniam non ad just  reipublicce send ad laben delrimentaque pertinent monopol interdixeru law  courtesy she p de Monopoliis lege only Zeno command statuit ut operator  monopol good omnibus to strip to throw to Zeno self rescripla of the empire  non be andienda si c more and Inst Inst roll hob raym carter d Inst e more  hard Noy a Inst b palm cro arg roll c Noy d more Noy e more Noy Inst coke  report b er p any monopol to go away the queen be f deceive in her grant for  the queen as by the preamble appear intend it to be for the weal public and it  will be employ for the private gain of the patentee and for the prejudice of  the weal public moreover the queen mean that the abuse shall be take away  which shall never be by this patent but rather the abuse will be increase for  the private benefit of the patentee and therefore as it be say in g e in the  borl of ken case this grant be void jure king this grant be primm impression  for no such be ever see to pass by letter patent under the great seal before  these day and therefore it be a dangerous innovation as well without any  precedent or example as without authority of law or reason and it be observe  that this grant to the plaintiff be for twelve year so that his executor  administrator wife or child or other inexpert in the art and trade will have  this monopoly and it can be intend that Edward darcy a esquire and a groom of  the queen privy Chamber have any skill in this mechanical trade of make card  and then it be say that the patent make to he be void for to forbid other to  make card who have the art and skill and to give he the sole make of they who  have no a skill to make they will make the patent utter void vide e b and  although the grant extend to his deputy and it may be say he may appoint  deputy who be expert yet if the grantee himself be not expert and the grant be  void as to he he can make any deputy to supply his place because b quod per I  non possum nee per other and as to what have be say that play at card be a  vanity it be true if it be abuse but the make of they be neither a vanity nor  a pleasure but labour and pain coke b and it be true that none can make a e  park chase or warren without the king licence for that be in modus to  appropriate those creature which be sermon naturm et no one in good to himself  and to restrain they of their natural liberty which he can do without the king  licence ri but for hawk 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 unless by parliament as  appear by the statute of h c Ellz c James king c and it be evident by the  preamble of the say Act of d e c that the importation of foreign card be  prohibit at the grievous complaint of the poor artificer cardmakers who be not  able to live of their trade if foreign card shall be import as appear by the  preamble by which it appear that the say Act provide remedy for the  maintenance of the say trade of make card forasmuch as it maintain diverse  family by their labour and industry and the like Act be make in r 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 lur  dogcouple and other the like which be work of labour and art although they  serve for pleasure recreation and pastime and can be suppress but by  parliament nor a e man restrain from exercise any trade but by parliament e  cap Elizabeth cap and the play at dice and card be not prohibit by the  commonlaw as appear mich Elizabeth f dyer unless a man be deceive by false g  dice or card for then he who be deceive shall have a action upon his case for  the deceit and therefore f   b g hob   b e a b   a before a b a hob Br office  and officer Br patent b   b hawk Max c more before a e Acc roll ab forest  warren vin ab park pl semble send for Pickering v Noah barn Cress but in king  v Lowther strange SC Lord raym the court refuse to grant a information in  nature of a quo warranto for erect a warren it be only of a private nature d e  c e before a f dyer pl hob Goldsb g Cr car f n b d Jones cro Elizabeth cro  James roll coke report a er p play at card dice c be not malum in see for then  the b queen can not tolerate nor licence it to be do f and where king e in the  that year of his reign by his proclamation command in the exercise of archery  and artillery and prohibit the exercise of cast of stone and bar and the hand  and football cockfighting et elsewhere game containing nothing as appear in  dor clan de a e nu yet no effect thereof follow until diverse of they be  prohibit upon a penalty by diverse act of parliament videlicet r cap h cap e  cap h cap also such charter of a monopoly against the freedom of trade and  traffic be against diverse act of parliament know e c I which for the  advancement of the freedom of coke a trade and traffic extend to all thing  vendible notwithstanding any charter of franchise grant to the contrary or  usage or custom or judgement give upon such charter which charter be adjudge  by the same parliament to be of no force or effect and make to the derogation  of the prelate earl baron and grandee of the realm and to the oppression of  the commons and by the statute of e cap it be enact that the say Act of e  shall be observe hold and maintain in all point and it be further by the same  Act provide that if any statute charter letter patent proclamation command  usage allowance or judgement be make to the contrary that it shall be utter  void vide great charter cap e cap c as to the d question it be resolve that  the a dispensation or licence to have the sole importation and merchandise of  card without any limitation or stint notwithstanding the say Act of b e be  utter against law g for it be true that forasmuch as a Act of parliament which  general prohibit a thing upon a penalty which be popular or only give to the  king may be inconvenient to diverse particular person in respect of person  place time c for this reason the law have give power to the king to dispense  with particular person this to lord king concession pro sensate mali  prolbibiti be de jure pter iq?? possibilitatp?ceVidende omnibus particular et  a management be mali proltibprovida relaxation seu necessitate to weigh b but  when the wisdom of the parliament have make a Act to restrain pro good public  the importation of many foreign manufacture to the intent that the subject of  the realm may apply themselves to h hob hard f but the keep of a common  gaminghouse and for lucre and gain unlawful cause and procure diverse idle and  evildisposed person to frequent and come to play together at a game call rogue  et noir and permit the say idle and evil dispose person to remain play at the  say game for diverse large and excessive sum of money be a indictable offence  at commonlaw king v Rogier barn Cress SC dow Ryl a roll b e c g in Darcys case  the chief justice do report it to be resolve that the dispensation or licence  from queen Elizabeth to darcy to have the sole importation of card  notwithstanding the stat Edward be against law but those that observe the  passage of that case and attend the judgement of the court therein do know  that the judge never give any such resolution in that point but pass it by in  silence because they insist upon the body of the patent whereby the trade of  make card which be common to all be by the patent appropriate to darcy and his  assign which the judge hold to be against the law because it sound in  destruction of a trade whereby many subject get their live but in point of  dispensation it have ever be allow in all age with the difference take between  malum in see and malam to hold before that the king can dispense with the  first with the other he may but that new difference invent by the reporter  that the king may dispense with malum to hold before but can dispense with a  statute make pro good public the truth be the only reason of the judgement be  that which be mention by the reporter but obiter which be because Darcys  patent may excuse he upon a information bring upon the statute but can not  give he a action on the case against another Lord Ellesmeres observation p Vid  ante note d p a a   light a palm keb Godolph Abr b roll Hardr coke report b er  p the make of the say manufacture c and thereby maintain themselves and their  family with the labour of their hand 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 Act itself for this 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 destroy their trade and labour and that without any reason of  necessity or inconveniency in respect of person place or time and eastern  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 e c by his letter  patent grant to one John peche the sole importation of sweet wine into London  coke b and at a parliament hold e this grant be adjudge void as appear in rot  parliament a e m also admit that such grant or dispensation be good yet the  plaintiff can maintain a action on the case against those who import any  foreign card but the remedy which the Act of e in such case give ought to be  pursue and judgement be give and enter quod to express grief nothing  caperelper billam and notam reader and well observe the glorious preamble and  pretence of this odious monopoly and it be true quod privilegi queen re true  send in prjudicium reipublicce to greater extent yet good to have frontispicia  et good public officer prtextum how bonce et regales permission send prtextu  licili 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 c see the case of Sandys and the east  India company skin to also ib note to former edition