English Economic History: Select Documents

by Unknown

(10) And if it be doubtful whether these proceedings agree with law, the answer is that they do, for the law giveth place to parlous cases of State and leaveth them to be provided for by the wisdom of the King and his Counsellors; and Salus reipublicæ suprema lex est, which is a sufficient answer to all cavillers and peevish lawyers.

[313] Quoted, Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 192-3.

18. The Grant of a Monopoly for the Manufacture of Soap [W.H. Price, The English Patents of Monopoly, Appendix W.], 1623.

James, by the grace of God, etc., to all to whom these presents shall come, greeting.

Whereas We, by our letters patents ... did give and grant unto our well-beloved subjects Roger Jones and Andrew Palmer, their executors, administrators, and assigns, full and free liberty, license, power, privilege, and authority that they, ... and none other, by themselves, their deputies, servants, factors, or workmen, should or might at all and every time and times thereafter, and from time to time, during the term of twenty and one years next ensuing the date of the said letters patents, ... use, exercise, practice, and put in use ... the mistery, art, way, means, and trade of "making of hard soap with the material called barilla, and without the use of any fire in the boiling and making thereof, and also of the making of soft soap without the use of fire in the boiling thereof," with such privileges and clauses as in said letters patents are contained and may more at large appear: And whereas since the granting of the said letters patents the said Roger Jones and Andrew Palmer, and such others, their assistants, as by great expense and travail have aided and assisted them in perfecting the said invention, have found out and added to their former invention many particulars conducing much to the profitableness and perfection of the work, both in the use of native and home commodities of this kingdom in the working and composition of the said soaps, and thereby in sparing and saving many thousands yearly which are now expended on foreign commodities bought and brought from beyond the seas, and employed here in the making of soap, in the manner now ordinarily used; ... Forasmuch as such profitable inventions are not at once and at the first brought to their full perfection, We hold it fit in justice and honour to give all encouragement to such our loving subjects as shall employ their travails, industries, and purses to the furthering of the common good, and to reward them to the full with the fruits of their own labours; and forasmuch also as the said Roger Jones and Andrew Palmer have now approved their inventions and skill to be such as deserveth encouragement, their soap, made (blank) the material of our kingdom only, being found to be as sweet and good as the best soft soap now already made, and to extend further in the use thereof, as they in the behalf of themselves and their assistants have also made offer unto us to respect our own particular profit, in such measure as that the loss we may receive in our customs and other duties by the not importing of foreign commodities for the making of soap as in former times, shall by their industries be recommended unto us, our heirs, and successors, in certainty with good advantage; and our loving subjects, who have long complained of the bad and stinking soap now ordinarily in use, shall have good, sweet, and serviceable soap for their money, and yet shall not have the price thereof raised upon them above the usual rate of the best sweet soap now made and sold by the soap-boilers.

Know ye, that We, for the considerations aforesaid, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Roger Jones and Andrew Palmer on the behalf of themselves and their assistants, full and free liberty, license, power, privilege and authority that they, the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, by themselves or their deputies, servants, factors, or workmen, and none other, shall and may at all and every time and times hereafter, and from time to time during the term of twenty and one years next ensuing the date of these presents, at their own proper costs and charges, use, exercise, practice, and put in use, within our said realms of England and Ireland and dominion of Wales, and our town of Berwick, at their liberty and pleasure, the mistery, art, way and means of making of hard soap and soft soap, as well with the materials and in such manner as in the said former letters patents are expressed, as also of burning and preparing of bean-straw, pea-straw, kelp, fern, and other vegetables to be found in our own dominions, into ordinary ashes or into potashes, and with the said materials of the ashes of bean or pea straw, and kelp, fern, and all other vegetables whatsoever not formerly and ordinarily used or practised within these our realms and dominions to make soap hard or soft, at their will and pleasure, and in such way or form as they have invented or devised; and also of the using of the assay glass for trying of their lye and making of hard and soft soap by their said new inventions, in the way of making of the said soaps by sundry motions, and not boiling of the same with the expense of much fuel, in such sort as was formerly accustomed by such as now usually make soap in and about our city of London and elsewhere in our said dominions; ... and to the end that this our pleasure may be the better effected, and the said Roger Jones and Andrew Palmer may the more fully enjoy the benefit of this our grant, We will, and for us, our heirs and successors, do straightly charge, inhibit, and command, and do also of our especial grace, certain knowledge, and mere motion, for us, our heirs and successors, grant to the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that no person or persons whatsoever born within any our realms or dominions, nor any other person or persons whatsoever, either denizens or strangers born in any foreign realm or country whatsoever, of what estate, degree, or condition soever he or they be or shall be, other than the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns or such as shall by them or some of them be set on work or authorised, shall or may, at any time or times during the said term of one and twenty years hereby granted or mentioned, or intended to be granted, practice, use, exercise, or put in use the said mistery, art, way, means, or trade of making the said hard or soft soaps with any the materials aforesaid, ... And to the end it may the better appear when any such soap shall be made contrary to the true intent and meaning of these presents, for us, our heirs, and successors, give and grant full liberty, power, and authority unto the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that a stamp or stamps, seal or seals, to be engraven with a rose and crown, shall be stamped, sealed, or marked on all the soaps by them or any of them to be made in manner and form before declared, the better to distinguish their said soap from all counterfeit soap, either hard or soft, made or to be made by any person or persons contrary to the true intent and meaning of these presents or of the letters patents before recited, which seal or stamp so to be made as aforesaid We do by these presents will and command be set upon the hard soap, and upon the firkins, barrels, and other vessels containing the said soft soap so to be made, and shall not be set upon soaps hard or soft made by any other person or persons whatsoever contrary to the true intent of these presents, but shall be set and fixed only upon such soap as shall be from time to time made by the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, according as is herein before setdown, and no other; and further, We do by these presents grant that it shall and may be lawful to and for the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, or any of them, by himself or themselves, or by his, their, or any of their deputies, factors, or servants, at any time or times convenient, and from time to time during the said term of one and twenty years, with assistance of a constable or some other officer, to enter into all and every place and places, house and houses, where they or any of them shall have any just cause to suspect any such hard soap or soft soap, or soap-ashes, or potashes, to be made or endeavoured to be made or stamped or sealed, or to be sold or uttered or set to sale, contrary to the true intent and meaning of these presents or of the letters patents before recited, or any vessels, engines, or instruments to be erected, framed, or used contrary to the true meaning hereof, ... and finding any such, to seize the hard soaps and soft soaps, and potashes, and other ashes hereby granted so made to the use of us, our heirs, and successors: ... And forasmuch as the public having an interest herein, which by the enhancing of the prices of the commodities aforesaid may be prejudiced and damnified, our will and pleasure is, and we do hereby straightly charge and command, that they the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, or any other person or persons by them to be authorised for the making of the said hard soap or soft soap, shall not, at any time during the said term of one and twenty years, sell, or cause to be sold, the said hard soap or soft soap, by them or any of them to be made as aforesaid, at any higher or dearer rates and prices than hard soap and soft soap of the best sorts and kinds were most usually sold for, within the space of seven years now last past before the date of these presents. And further, We do hereby charge and command all and singular justices of peace, mayors, sheriffs, constables, headboroughs, comptrollers, customers, searchers, waiters, and all other officers and ministers to whom it shall or may appertain, to be aiding and assisting in all lawful and convenient manner unto the said Roger Jones and Andrew Palmer, their executors, administrators, deputies, and assigns, in the due execution of these our letters patents, as they tender our pleasure and will avoid our indignation and displeasure in the contrary....

19. The Statute of Monopolies [21 James I, c. 3, Statutes of the Realm, Vol. IV, Part. II, pp. 1212-14], 1623-4.

Forasmuch as your most excellent Majesty, ..., did, in the year of our Lord God one thousand six hundred and ten, publish in print to the whole realm and to all posterity, that all grants of monopolies and of the benefit of any penal laws, or of power to dispense with the law, or to compound for the forfeiture, are contrary to your Majesty's laws ...; and whereas your Majesty was further graciously pleased expressly to command that no suitor should presume to move your Majesty for matters of that nature: yet nevertheless upon misinformations and untrue pretences of public good, many such grants have been unduly obtained and unlawfully put in execution, ...; for avoiding whereof and preventing of all the like in time to come, may it please your Majesty, at the humble suit of the Lords Spiritual and Temporal and the Commons in this present Parliament, that all monopolies and all commissions, grants, licenses, charters, and letters patents heretofore made or granted to any person or persons, bodies politic or corporate whatsoever, of or for the sole buying, selling, making, working, or using of anything within this realm or the dominion of Wales ... are altogether contrary to the laws of this realm, and so are and shall be utterly void and of none effect, and in no wise to be put in use or execution.

II. And be it further declared and enacted by the authority aforesaid that all monopolies and all such commissions, grants, licenses, charters, letters patents, proclamations, inhibitions, restraints, warrants of assistance, and all other matters and things tending as aforesaid and the force and validity of them and every of them ought to be, and shall be forever hereafter examined, heard, tried, and determined by and according to the common law of this realm and not otherwise.

III. And be it further enacted by the authority aforesaid that all person and persons, bodies politic and corporate whatsoever, which now are or hereafter shall be, shall stand and be disabled and incapable to have, use, exercise, or put in use any monopoly or any such commission, grant, license, charters, letters patents, proclamations, inhibition, restraint, warrant of assistance, or other matter or thing tending as aforesaid, or any liberty, power, or faculty grounded or pretended to be grounded upon them or any of them.