Statute of Monopolies Act 1623
| Year | 1623 |
(21 Ja. 1) C A P. III.
'FOrasmuch as your most excellent Majesty, in your Royal Judgment, and of your blessed Disposition to the Weal and Quiet of your Subjects, 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 and Monopolies, and of the Benefitof any Penal Laws, or of Power to dispense with the Law, or to compound for the Forfeiture, are contrary to your Majesty's Laws, which your Majesty's Declaration is truly consonant and agreeable to the ancient and fundamental Laws of this your Realm: (2)And whereas your Majesty was further graciously pleased, expresly to command, that no Suitor should presume to move your Majesty for Matters of that Nature; (3)yet nevertheless upon Misinformations, and untrue Pretences of publick Good, many such Grants have been unduly obtained, and unlawfully put in Execution, to the great Grievance and Inconvenience of your Majesty's Subjects, contrary to the Laws of this your Realm, and contrary to your Majesty's most Royal and Blessed Intention so published as aforesaid:' (4) For avoiding whereof, and preventing of the like in Time to come, May it please your excellent Majesty, at the humble Suit of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, That it may be declared and enacted; (5) and be it declared and enacted by Authority of this present Parliament, That all Monopolies, and all Commissions, Grants, Licences, Charters and Letters Patents heretofore made or granted, or hereafter to be made or granted, to any Person or Persons, Bodies Politick or Corporate whatsoever, of or for the sole Buying, Selling, Making, Working or Using of any Thing within this Realm, or the Dominion ofWales , (6) or of any other Monopolies, or of Power, Liberty or Faculty, to dispense with any others, or to give Licence or Toleration to do, use or exercise any Thing against the Tenor or Purport of any Law or Statute; (7) or to give or make any Warrant for any such Dispensation, Licence or Toleration to be had or made: or to agree or compound with any others for any Penalty or Forfeitures limited by any Statute; or of any Grant or Promise of the Benefit, Profit or Commodity of any Forfeiture, Penalty or Sum of Money, that is or shall be due by any Statute, before Judgment thereupon had; (8) and all Proclamations, Inhibitions, Restraints, Warrants of Assistants, and all other Matters and Things whatsoever, any way tending to the Instituting, Erecting, Strengthening, Furthering or Countenancing of the same or any of them; (9)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 Ure or Execution.
II Monopolies, &c. shall be tried by the Common Laws of this Realm.
II. And be it further declared and enacted by the Authority aforesaid, That all Monopolies, and all such Commissions, Grants, Licences, 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 of every of them, ought to be and shall be for ever hereafter examined, heard, tried and determined by and according to the Common Laws of this Realm, and not otherwise.
III All Persons disabled to use Monopolies, &c.
III. And be it further enacted by the Authority aforesaid, That all Person and Persons, Bodies Politick and Corporate whatsoever, which now are or hereafter shall be, shall stand and be disabled and uncapable to have, use, exercise or put in Ure any Monopoly, or any such Commission, Grant, Licence, Charter, Letters Patents, Proclamation, 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.
IV The Party grieved by Pretext of a Monopoly, &c. shall recover treble Damages and double Costs.
IV. And be it further enacted by the Authority aforesaid, That if any Person or Persons at any Time after the End of forty Days next after the End of this present Session of Parliament, shall be hindred, grieved, disturbed or disquieted, or his or their Goods or Chattels any way seized, attached, distrained, taken, carried away or detained, by Occasion or Pretext of any Monopoly, or of any such Commission, Grant, Licence, Power, Liberty, Faculty, Letters Patents, Proclamation, Inhibition, Restraint, Warrant of Assistance, or other Matter or Thing tending as aforesaid, and will sue to be relieved in or for any of the Premisses; That then and in every such Case, the same Person and Persons shall and may have his and their...
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