case the east India company against sans Trinity term car in b r roll the king  by his charter may grant to certain individual the exclusive right of trade  beyond the sea within a certain district with infidel nation SC skin SC saint  Tr action upon the case set forth quod cum king Charles the second by his  letter patent date on the three day of April in the thirteenth year of his  reign do give they the sole liberty of trade to the east Indies and prohibit  all other unless by their licence by virtue of which they then be and yet be a  body politic and have have great commerce with the infidel there then and yet  pagan and enemy not Christian nor subject to the great honour of the kingdom  the increase of the king revenue and of the national interest and have expend  great sum of money thereabouts and that such trade can be maintain but by a  corporation yet the aforesaid Thomas sand a subject of England and not a  member of their company nor the son of a member nor a apprentice servant or  factor of a member nor assign by they know the premise and design to damage  prejudice and impoverish the company unjust and against the letter patent  aforesaid into the east Indies on such a day and year diverse merchandise on  such a ship do transport and other do import thence hither videlicet at  Ratcliff in the county of Middlesex without the licence and against the will  of the say company to their grievance and impoverishment and against the form  of the say letter patent to their damage of one thousand pound the defendant  come and defend the force and injury when c and crave oyer of the letter  patent and they be set forth at large who bed et hearing to say quod action  non because protestand that the say letter patent be insufficient to find a  action protestand and etian that they never have such commerce as shower KB be  there set forth and protest that the same trade there may as well be maintain  there by other merchanttraders as by they and as much to the increase of the  king revenue for plea say that by the statute Edward c it be ordain quod maria  to bore area free from obstacles pro omnibus trader ad to go over cum  merchandisis nest wherever the dawn to please and that by virtue of that  statute and accord to the commonlaw of this realm he do trade as be declare  above prout ei bene to be for sale the say letter patent or any shower KB er p  restriction or prohibition in they to the contrary in anywise notwithstanding  et hoc a preparation be verify unde petit judgment si c the plaintiff demurrer  and the defendant join in demurrer finch solicitor general for the plaintiff  the first general question be whether this patent prohibit trade to other be  good no subject have a right or liberty to trade with infidel or to go thither  without the king leave no such trade in general can he have without treaty and  league and therefore not without the king licence all right to trade depend  upon the goodwill of the foreign prince there the king may restrain it by a  total prohibition of trade with that nation he may restrain a man by a ne  exeat royal power if a foreign prince with who the king be in league shall  restrain trade no man can trade there in breach of the king league and  whatsoever the king may restrain in general sure he may prohibit sub condition  there can be no such right to trade with infidel for they be always treat as  enemy and so account in law a pagan shall not have a action though he be beat  a they be enemy in respect of their property b the marry of a Jew be ancient  reckon felony c Lord coke in Michlebournes case d say the king may prohibit  trade with infidel beside either the first patent for this trade be a monopoly  or this be none for they be the same and when for a new trade it be agree to  be none now the law have not determine how long such trade may be enclose the  trade of this nation ancient be only wool woolsells shower KB and leather and  the old law concern trade relate to they only then the next point be only this  whether the action will lie if it be a bare licence or a interest I think it a  interest for first they be at great charge to maintain the trade second they  be tax for their interest as such in act of parliament videlicet twenty  shilling for every hundred pound share in the stock we see the common case of  a fair which in some sort be but a licence and yet a action lie Mr holt argue  it too but I hear he not Mr attorney general in the Michaelmas term follow  argue for the plaintiff to this effect if these letter patent be bind I shall  not contend nor argue but that the king may notwithstanding these letter  patent licence other to trade there likewise first consider how trade be at  the commonlaw trade be either inland or foreign inland trade consist of  manufacture or merchandise for the first any man may at the commonlaw use it  how and when he please so as he do not annoy his neighbour and the king  prerogative be not concern as for merchandise general speak a man may buy and  sell as he please but first at commonlaw no man can ingross one commodity  second this be restrain to particular place e then three no assembly can he  have for trade without the king licence though some fair and market be by  prescription yet their original be from the crown and these licence for trade  in assembly as in fair and market can be resume without some forfeiture and in  these all the king subject have a interest and the lord of a market can  prohibit they and in these the public be concern to prevent cheat and punish  disorder and therefore a court of justice be incident to such fair fourthly  there be another restriction of foreign buy and foreign sell which prevail in  several city town and seaport f so that the managery shower KB of the  principal part of inland trade in market and fair be under the king and his  influence second as to foreign trade the commonlaw take notice but of two sort  of foreigner friend and enemy and that must be try by the league of peace and  war which be or ought to be enrol in chancery although there be no actual war  yet if there be no league they may take up arm and fight one another for they  be in position pretty at commonlaw no man have a right to trade with stranger  g the a calvin case     light b vide rot that which divides Henry member c Mr  pryn pamphlet of his jews remitter Inst d Brownl e Inst f see the statute  Edward c and Edward no not print   g Bodin de republ lib cap shower KB er p  law of commerce be contain in the league of prince and people all stranger  that come hither come under safe conduct and the king may have prohibit they  great Charta h which be a general safe conduct to stranger have a restriction  nisi sit publice to hold before coke argue that before that time the king do  prohibit they but he interpret this to be a prohibition in parliament which be  a construction as without authority so against all precedent the king may  order they to depart the realm I by the Edward c the king may prohibit  stranger from come hither he may prohibit his subject from go thither note and  notable merchant be certain mean merchant of the staple king merchant  adventurer and merchant of the staple then as the king may prohibit his  subject from go beyond sea so he may recall they when he please from all the  case l it be evident that at commonlaw no man have a right to trade abroad m  the law vest the sole power of make league in the king alone and never be a  league make for a free universal unlimited trade n in all league the municipal  law of each realm be except the rule of the commonlaw have no cognizance of  such foreign matter as foreign trade be mere foreign and there transact oh and  shower KB it have appoint no rule for the managery thereof but have leave it  to the king the foundation of foreign trade be two first the king league  second the king grant either single or in parliament first if a league be  break let the subject right be what it will it be go for upon breach of the  league they become as enemy and these league may be limit as to time and place  as be the league between the king of England and the duke of Burgundy against  Flanders and the low country p second the other foundation be royal licence as  the king may at the commonlaw prohibit his subject to go beyond the sea so he  may licence they Q he may licence alien enemy who be prohibit by the commonlaw  as by his letter of safe conduct r the staple which be the public mar be  settle all by the king alone though afterward settle and confirm by Act of  parliament S wool woolfels leather and lead be the staple commodity the king  have undoubted right to give licence of trade to other place than where the  staple be fix the man of Berwick and Newcastle have such licence but afterward  they be find inconvenient be remove t it be most plain that the foreign trade  and its managery be govern by the prerogative in all case where no Act of  parliament have interpose and in all these ancient time the foreign trade be  manage by the king charter to foreigner u several English obtain licence to  fish in the sea with vessel of thirty tun and this be within the narrow sea  ten then there be royal licence by Act of parliament but there be far more law  for restraint of trade by English than there be for open trade there be never  a statute yet that give liberty of shower KB trade to all nation he urge that  the several special statute for liberty of foreign trade to particular nation  or of particular commodity be all introductive of a new law all the act of  parliament which do find licence h cap I Inst roll prerog king see Elizabeth c  dyer Inst Leon yearbook Edward pl knoll v Lucy more see also black Com black  Com Bac Abr m there be also cite Fitzherbert n b m dyer Grotius de jure Belli  yearbook Henry foe pl cro car n Inst oh dyer p Edward pl roll Abr Q Reg r  yearbook Edward foe pl more S Edward c t yearbook Richard pl Henry pl Henry pl  Edward pl hale common place book title monopoly number and the case of Shawe  and other in Hilary James and easter James u Edward roll Claus part member ten  yearbook Henry pl roll Abr and a private statute Elizabeth c shower KB er p to  trade do suppose league for they create no liberty in time of war when the  king have give a liberty or licence he can afterward make a general  prohibition to all people because there be a interest pass nor can be licence  all people whatsoever for that will repeal the former therefore the canary  patent be void because express against a former patent these Indian be alien  infidel and they be enemy whether trade with they be within the Edward c I  shall leave they to consider a alien enemy die seize on office find the king  shall have the land and not the lord by escheat that if a alien enemy be here  before the war begin his good can be seize by any subject but they belong to  the king but if he come here with his good after the war proclaim any man may  seize they ac deveniu hunter good but as to the jews they be here by a imply  licence but on a proclamation of banishment it be like a determination of  letter of safe conduct to a alien enemy who be here by virtue of such letter  before c there be no league between we and the great mogul or any of they and  by this charter the east India company have power to make war and peace with  they in defence of their trade as to the objection of its be void as in  engross foreign merchandise and so a monopoly that it be not within the  statute of monopoly must be agree and I think there be as little pretence why  the engross of foreign merchandise by a merchantadventurer at the commonlaw  shall be unlawful the resolution of all the judge of England be so z then  second whether the action will lie and I conceive it depend on the other point  because if it be a right and a man be injure in it this action proper lie as  to the shower KB objection that it be not allege the defendant have no licence  from the king I answer it be express set forth that the company have the sole  trade there and the court can intend that he have any other licence than what  he plead which be only the statute as to the objection that the plaintiff have  not show any special damage I answer that need not be in any case where the  action be find on the right where a man have the sole right it be otherwise in  case of right a prender as to the objection that the action be ground only on  the exclusive word which can give a action to that he cite   roll Abr numb and  the next day Mr Polloxfen argue for the defendant and the next term the court  argue it several and do all conclude with the plaintiff but I hear they not  judgement for the plaintiff a