4 transcripted pages
Chapter 1 Page 1 Le Roi le veult
Forasmuch as your moste Excellent Majestie in your Royall Judgement And of your blessed disposicion
to the weale and quiet of your subjectes did in the yeare of our Lord God one thowsand sixe hundred and
tenn publishe in print to the whole Realme and to all posteritie That all grauntes of Monopoly and of the
benefitt of any penall lawes or of power to dispence with the lawe or to compounde for the forfeiture are
contrary to your Majesties lawes, which your Majesties declaracion is truly consonant and agreable to the
ancyent and fundamental lawes of this your Realme. And whereas your Majestie was further gratiously pleased
expressely to commaunde that noe suter should presume to move your Majestie for matters of that nature yett
nevertheless uppon misinformacions and untrue pretences of publique good many such grauntes have bene unduly
obteyned and unlawfully putt in execucion to the great greivance and inconvenyence of your Majesties
subjectes, contrary to the lawes of this your Realme and contrary to your Majesties Royall and blessed
intencion soe published as aforesaid for avoyding whereof and preventing of the like in tyme to come. Maye
it please your most Excellent Majestie att the humble suite of the Lordes Spirituall and Temporall and the
Commons in this present Parliament assembled, That it may be declared and enacted and be it declared and
enacted by authoritie of this present Parliament That all Monopolies and all Commissions grauntes licences
Charters and lettres Patentes heretofore made or graunted or hereafter to be made or graunted to anie person
or persons bodies pollitique or Corporate whatsoever of or for the sole buyinge selling makinge worcking or
usinge of anie thing within this Realme or the Dominion of Wales, or of anie other Monopolies or of power
libertie or facultie to dispence with any others or to give lycence or tolleracion to doe use or excercise
anie thinge againste the tenor or purport of any lawe or Statute or to give or make anie warrant for any
such dispensacion licence or tolleracion to be had or made or to agree or Compound with anie others for any
penaltie or forfeitures lymitted by any Statute or of anie Graunte or promise of the benefitt profitt or
Commoditie of any forfeiture penalty or some of monie that is or shall be due by anie Statute before judgement
thereuppon had and all Proclamacions inhibicions restraintes warrantes of assistance, and all other matters
and thinges whatsoever any waye tendinge to the instituting, erectinge, strengthninge, furthering, or
countenancing of the same or any of them are altogeather contrary to the lawes of this Realme, and soe are
and shalbe utterly voyde and of none effect and in noe wise to be put in ure or execucion, And be yt further
declared and ennacted by the aucthority aforesaid, That all Monopolies and all such Commissions grauntes
lycences, Charters, Letters Patentes proclamacions, inhibicions restraintes, warrantes of assistance, and all
other matters and thinges tending as aforesaid, and the force and validitie of them and of every of them
ought to bee and shalbee forever hereafter examined, heard, tryed, and determyned by and accordinge
to the Common lawes of this Realme and not otherwise, And be it further ennacted by the authority
aforesaid, That all person and persons bodies pollitique and Corporate whatsoever, which nowe are or
hereafter shalbe, shall stand and be disabled and uncapable to have use excercise or put in ure any
Monopolie or any such Commission graunt, lycence, Charter Letters Pattentes proclamacion inhibicion
restraint, warrant of assistaunce or other matter or thing tending as aforesaid or any libertie power
or facultie grownded or pretended to be grownded upon them or any of them, And be it further enacted
by the authority aforesaid, That if anie person or persons att anie tyme after the end of Fortye dayes
next after the end of this present Session of Parlyament shalbe hindered grieved disturbed or
disquieted or his or theire goodes or Chattells anie waye seized attached distrayned taken caryed away
or deteyned by occasion or pretext of anie Monopolie, or of any such Commission graunte, lycence power
liberty facultie letters Patentes proclamacion inhibicion, restraint warrant of assistance or other
matter or thinge tending as aforesaid, and will sue to be relieved in or for anie of the premises, That
then and in every such case the same person and persons shall and maye have his and theire remedy
for the same at the Common lawe by any action or actions to be grounded upon this Statute. The same
action and actions to be heard and Determyned in the Courtes of Kinges Bench, Common pleas and Exchequer
or in any of them against him or them by whome hee or they shalbee soe hindered grieved disturbed or
disquieted, or against him or them by whome his or theire goodes or chattells shalbe soe seized attached
distreyned taken carryed awaye or deteyned wherein all and every such person and persons which
shalbe soe hindered grieved disturbed or disquieted, or whose goodes or chattells shalbe soe seized
attached, distrayned taken or carryed awaye or deteyned shall Recover three tymes soe much as
the damages which hee or they susteyned by meanes or occasion of being soe hindered grieved
disturbed or disquieted or by meanes of having his or theire goodes or chattells seized attached
distrained taken carryed awaye or deteyned and double costes and in such suites or for the stayeing
or delaying thereof noe essoine proteccion wager of lawe ayde prayer priviledge injuncion or
order of restrainte shalbe in anie wise praied graunted admitted or allowed, nor anie more then
one impertance. And if any person or persons shall ^after notice given that the accion depending
is grounded uppon this Statute^ cause or procure anie accion at the Common lawe
grounded upon this Statute to be stayed or delayed before judgement by Coullor or meanes of
any Order warrant power or aucthority save onely of the Courte wherein such accion as aforesaid
shall be brought and depending, or after judgement had upon such action shall cause or procure
the execucion of or upon anie such judgement to be stayed or delayed by colour or meanes of any
Order warrant power or authoritie save only by writt of error or attaynt, That then the said
person and persons soe offending shall incurre and susteine the paines penalties and forfeitures
ordeyned and provided by the Statute of provision and premunire made in the sixteenthe yere
of the raigne of Kinge Richard the second Provided neverthelesse And ^be it declared and Enacted
that any declaracion beforemencioned shall not extend to anie^ Letters Pattentes
and grauntes of priviledge for the Terme of one and twentie yeares or under heretofore made
of the sole working or makinge of any manner of new manufacture within this Realme to
the first and true inventor or inventors of such manufactures which others at the tyme of
the makinge of such letters Patentes and grauntes did not use soe they be not contrary to the
lawe nor mischeivous to the state by raisinge of prices of commodities at home or hurt of trade
or generally inconvenient ^but that the same^ shall be of such force as they were or should be if
this Acte had not bene made and of none other. And if the same were made for more then one and twenty
yeares, That then the same for the Tearme of one and twentie yeares onely to be accompted
from the date of the first letters Pattentes and grauntes thereof made shalbe of suche
force as they were or should have bene if the same had bene made, but for terme of one and
twenty yeares onely and as if this Act had never bene had or made and of none other Provided
alsoe And be ^it declared and enacted that any declaracion before mencioned shuld not extend to any^
letters Pattentes and graunts of priviledg for the Tearme of Foureteene yeares
or under hereafter to be made of the sole worcking or makinge of anie manner of New manufacture
within this Realme to the true and first inventer and inventors of such manufactures which
others at the tyme of makinge such letters Patentes and grauntes shall not use soe as alsoe they
be not contrary to the lawe nor mischeivous to the State by raising prices of comodities at
home or hurt of trade or generally inconvenient The said foureteene yeres to be accompted from
the date of the first letters Patentes or grauntes of such priviledge hereafter to be made ^but that
the same^ shalbee of such force as they should bee yf this act had never bene made and of none other
[Vacat: Provided also that all lettres Patentes and grauntes heretofore made and hereafter to be made
of the priviledg of the sole printing of the Bible or booke of Common prayer or of the psalmes psalter
or anie other Bookes lawfully aucthorized and allowed, or to be soe aucthorized or allowed to be used
in and for the publique divine service and worshipp of God or of anie bookes of the Common lawes or
Statutes of this Realme or of anie proclamacion sett fourth or to be sett fourth by his Majestie his
heires or successors or of Jumus and Tremellius Bibles or of Lillies Grammar or of Prymers or Almanackes
shalbe alsoe of such force as they were or should bee if this Act had never bene had or made and of
none other, Provided alsoe that this act shall not extend to the Restraint or makinge voyde of one
Patent of Priviledge for the sole printinge and selling of a Booke called the Theater of the Empire
of greate Brittaine with the Cartes and mappes thereof by his Majesties letters Pattentes under the
greate Seale of England bearing date the thirtieth daye of Aprill in the sixth yeare of his Majesties
raigne of England graunted to George Humble and his assignes for the Tearme of one and
twenty yeares next ensueng the date of the said letters Pattents Nor to the Restrainte or makinge
voyde of one other Patent of Priviledge for the sole printing and selling of one other Booke
intytuled the Genealogies of the holy scriptures and a mapp or charte of the land of Canaan
by lettres Patentes under the greate Seale of England bearing date the Fower and twentith daye of
Aprill in the one and twentith yeare of his Majesties raigne of England graunted to John Speede
and his assignes for the Tearme of one and twentie yeares therein mencioned. But that the said
Chapter 1 Page 2or generally inconvenient ^but that the same^ shall be of such force as they were or should be if
this Acte had not bene made and of none other. And if the same were made for more then one and twenty
yeares, That then the same for the Tearme of one and twentie yeares onely to be accompted
from the date of the first letters Pattentes and grauntes thereof made shalbe of suche
force as they were or should have bene if the same had bene made, but for terme of one and
twenty yeares onely and as if this Act had never bene had or made and of none other Provided
alsoe And be ^it declared and enacted that any declaracion before mencioned shuld not extend to any^
letters Pattentes and graunts of priviledg for the Tearme of Foureteene yeares or under hereafter
to be made of the sole worcking or makinge of anie manner of New manufacture within this Realme to
the true and first inventer and inventors of such manufactures which others at the tyme of makinge
such letters Patentes and grauntes shall not use soe as alsoe they be not contrary to the lawe nor
mischeivous to the State by raising prices of comodities at home or hurt of trade or generally
inconvenient The said foureteene yeres to be accompted from the date of the first letters Patentes
or grauntes of such priviledge hereafter to be made ^but that the same^ shalbee of such force as they
should bee yf this act had never bene made and of none other [Vacat: Provided also that all lettres
Patentes and grauntes heretofore made and hereafter to be made of the priviledg of the sole printing
of the Bible or booke of Common prayer or of the psalmes psalter or anie other Bookes lawfully
aucthorized and allowed, or to be soe aucthorized or allowed to be used in and for the publique divine
service and worshipp of God or of anie bookes of the Common lawes or Statutes of this Realme or of
anie proclamacion sett fourth or to be sett fourth by his Majestie his heires or successors or of
Jumus and Tremellius Bibles or of Lillies Grammar or of Prymers or Almanackes shalbe alsoe of such
force as they were or should bee if this Act had never bene had or made and of
none other, Provided alsoe that this act shall not extend to the Restraint or makinge voyde of one
Patent of Priviledge for the sole printinge and selling of a Booke called the Theater of the Empire
of greate Brittaine with the Cartes and mappes thereof by his Majesties letters Pattentes under the
greate Seale of England bearing date the thirtieth daye of Aprill in the sixth yeare of his Majesties
raigne of England graunted to George Humble and his assignes for the Tearme of one and
twenty yeares next ensueng the date of the said letters Pattents Nor to the Restrainte or makinge
voyde of one other Patent of Priviledge for the sole printing and selling of one other Booke
intytuled the Genealogies of the holy scriptures and a mapp or charte of the land of Canaan
by lettres Patentes under the greate Seale of England bearing date the Fower and twentith daye of
Aprill in the one and twentith yeare of his Majesties raigne of England graunted to John Speede
and his assignes for the Tearme of one and twentie yeares therein mencioned. But that the said
severall lettres Patent shalbe of such force as they were or should be if this acte had never bene had
or made and of none other. Provided alsoe that all Lettres Patentes and grauntes made or to be made
of the priviledge of the sole printinge of anie other Booke or bookes or new and originall edicion
for the Terme of eleaven yeares or under or for the sole printing of anie such Booke or Bookes of
second or latter edicion with glosse or notes added thereunto to be printed with the said glosse
and notes for the Terme of eleaven yeres or under shalbe alsoe of such force as they were or
should be if this Act had never bene had or made and of none other [end: Vacat]] Provided alsoe and it is
hereby further intended declared and enacted by the aucthoritye aforesaid that this Acte or anie
thinge therein conteyned shall not in any wise extend or be prejudicyall to anie graunt or
priviledg power or aucthority whatsoever heretofore made graunted allowed or confirmed by
anie act of Parlyament now in force so long as the same shall soe contynue in force [Vacat: nor to any
graunte or Lettres Pattentes of or for the compounding for digging and making of saltpeter or
for the casting or makinge of Iron Ordynance nor to anie graunte or letters Pattentes
concerninge Allome or Allome mynes But that all and everie such lettres Patentes and grauntes
concerning saltepeter Iron ordynance and Allome or Allome mynes shall stand and bee of
such force as they and every of them are and should be if this Acte had never bene made and of
none other [end: Vacat]] Provided alsoe that this acte shall not extend to anie warrant or privye Seale
made or directed or to bee made or directed by his Majestie his heires or successors to the Justices of
the Courtes of the Kinges Bench or Comon pleas and Barons of Thexchequer Justices of
Assize Justices of Oyer and Terminer and Goale [sic] delyvery Justices of the peace and other Justices
for the tyme being having power to heare and determyne offences donne against anie penall
Statute to compounde for the forfeitures of anie penall statute dependinge in suite and question
before them or anie of them respectively after plea pleaded by the partie defendant, Provided
alsoe and it is hereby further intended declared and enacted that this acte or anie thinge therein
conteyned shall not in anie wise extend or be prejudicyall unto the Cittie of London, or to anie
Cittie Boroughe or Towne Corporate within this Realme for or concerninge anie grauntes
Charter or lettres Patent to them or anie of them made or graunted or for or concerninge anie
Custome or customes used by or within them or anie of them or unto anie corporacions Companies
of fellowshipps of anie Arte trade occupacion or mistery or to anie Companies or societies of
Merchauntes within this Realme erected for the maintenance enlargement or ordering of any
trade of Marchaundize. But that the same Charters Customes Corporacions Companies
fellowshippes and societies and theire liberties priviledges powers and Immunityes shalbe and
contynue of such force and effect as they were before the making of this act and of none other
anie thing before in this Act conteyned to the contrary in anie wise notwithstanding [Vacat: And
whereas your most excellent Majestie upon a petitcion formerly exhibited in Parlyament touching
^certayne^ lettres Patent for lycences to sell wynes graunted to the right honorable Charles Earle
of Nottingham late lord Admirall of England, either alone or with some other person or persons or to
or for his or theire use or benefitt was graciously pleased to give answere that the same shoulde bee
absolutely layed downe but that onely because the said then Lord Admirall had bene an auncyent
and good servaunt to your Majestie and your predecessors That those lettres Patentes should remayne and
bee the last, as by the said answere made the tenth daie of July in the yere of our Lord God
one thowsand sixe hundred and tenn appeareth It is therefore alsoe provided and enacted that this act
or anie thing therein conteyned shall not extend or be prejudiciall to anie graunte or letters patent
heretofore made or graunted concerninge lycences to sell wynes but that the same and every of
them for soe long tyme onely as is or was lymitted by the Lettres Patent mencioned in your said
most gracyous answere of your Majestie shall contynue and be of such force and effect as the same
nowe are and should be yf this Act had never bene had or made and of none other [end: Vacat]]
Chapter 1 Page 3Provided alsoe and be it enacted, that this Acte or any declaration
provision, disablement, penaltie, forfeiture or other thinge before mencioned shall
not extend to any letters Patentes or Grauntes of priviledge heretofore made
or hereafter to be made of for or concerning printing, Nor to any
Comission graunte or letters pattentes heretofore made or hereafter to be
made of for or concerneing the digging makeing or Compounding of salt
peter or gunpowder, Or the casting or makeing of Ordinance or Shott
for Ordinance, Nor to any graunt or letters pattentes heretofore made or
hereafter to be made of any office or offices heretofore erected made or
ordeyned and now in being and put in Execucion other then such offices
as have bene decryed by any his Majesties Proclamacion or Proclamacions
but that all and every the same grauntes Comissions and letters
Pattentes and all other matters and thinges tending to the mainteyning
strengthening or furtherance of the same or any of them shalbe and
remaine of the like force and effecte and noe other and as free
from the declaracions, provisions, penalties and forfeitures conteyned
in this Acte as yf this Acte had never bene had, nor made and
not otherwise Provided alsoe and be it enacted that this Acte or
any declaracion, provision, disablement, penaltie forfeiture or other
thinge before mencioned shall not extend to any Comission graunt
letters pattentes or priviledge heretofore made or hereafter to be made
of for or Concerneing the digging compounding or making of Allome
or Allome Mynes but that all and every the same Comissions
grauntes, letters pattentes and priviledges shalbe and remaine of
the like force and effecte and noe other and as free from the
declaracions, provisions, penalties and forfeitures conteyned in this
Acte as yf this Acte had never bene had nor made and not
otherwise, Provided alsoe and be it enacted that this Acte or
any declaracion, provision, penaltie, forfeiture or other thinge before
mentioned shall not extend or ^be^ prejudiciall to any use, Custome
prescripcion, franchise, freedome, Jurisdicion, immunitye, libertie or priviledge
heretofore claymed used or enjoyed by the Governors and Stewardes and
Brethren of the fellowshipp of the Hoastmen of the Towne of Newcastle
upon Tyne, or by the Antient fellowshipp guild or fraternity comonly
called Hoastmen for or concerning the selling Carrying, Lading, disposing
shipping venting or trading of or for any Seacoles, Stoncoles or Pitt
Coles forth or out of the haven and River of Tyne, Or to a graunt
made by the said Governor and Stewardes and Brethren of the fellowship
of the said Hoastmen to the last Queene Elizabeth of any dutie or
somme of money to be paid for or in respecte of any such Coles as
aforesaid, Nor to any grauntes letters pattentes or Comission heretofore
graunted or hereafter to be graunted of for or concerning the
licenceing of the keepeing of any Taverne or Tavernes or selling
uttering or retayling of Wynes to be drunke or spente in the
Mansion house or houses or other place in the tenure or occupacion
of the partie or parties soe selling or uttering the same, Or for or
Concerneing the makeing of any Composicions for such licences soe as
the benifitt of such Composicions be reserved and applied to and for
the use of his Majestie his heires or successors and not to the private
use of any other person or persons, Provided alsoe and be it
enacted that this Acte or any declaracion, provision, penaltie, forfeiture
or other thing before mencioned shall not extend or be prejudiciall
to a graunte or priviledge for or concerneing the makeing of glasse
by his Majesties letters pattentes under the greate seale of England
beareing date the two and Twentith day of May in the one and
Twentith yeare of his Majesties Raigne of England, made and granted
unto Sir Robert Maunsell knight vice Admirall of England, Nor
to a graunt or letters pattentes beareing date the twelveth day of
June in the Thirteenth yeare of his Majesties Raigne of England
made to James Maxwell Esquier concerneing the transportacion of
Calveskynnes, but that the said severall letters pattentes last mentioned
shalbe and remaine of the like force and effecte and as free from
the declaracions, provisions, penalties and forfeitures before mencioned
as yf this Acte had never bene had nor made and not otherwise
Provided alsoe and be yt declared and enacted that this Acte or
any declaracion, provision, penaltie, forfeture or other thinge before
mentioned shall not extend or be prejudiciall to a graunt or priviledge
for or concerneing the making of Smalt by his Majesties letters
pattentes under the greate seale of England beareing date the
Sixteenth day of February in the Sixteenth yeare of his Majesties
Raigne of England, made or graunted to Abraham Baker, Nor to
a graunte or priviledge for or concerneing the melting of Iron
Ewer and of making the same into Cast workes or barres with
Seacoles or Pittcoles by his Majesties letters pattentes under the
greate seale of England bearing date the Twentith day of
February in the nineteenth yeare of his Majesties Raigne of
England made or graunted to Edward Lord Dudley but that
the same severall letters pattentes and graunts shalbe and remaine
of the like force and effect and as free from the declaracions
provisions, penalties and forfeitures before mentioned as yf this
Acte had never bene had nor made and not otherwise.
Soit baille aux Comans
A Ceste proviso les Commons
ont assentus
Chapter 1 Page 4In the 56 lyne, after the word (shall) and before the word
(cause) putt in theis wordes, After notice given that the
Accion depending is grounded upon this statute./.
In the 64th lyne betweene the word (Nevertheles) and
the word (letters) putt out theis wordes (that all) and
in place thereof putt in theis wordes, And bee it declared
and enacted that any declaration before mencioned shall
not extend to any./.
In the 70th lyne betweene the word (or) and the
word (inconvenient) putt out the word (otherwise)
and in place thereof putt in the word (generallye).
In the same lyne betweene the word (inconvenient)
and the word shall putt in theis wordes (but that
the same.)
In the 76th lyne betweene the word (alsoe) and the
word (letters) putt out their wordes (that all) and in
place thereof putt in theis wordes (And bee it declared
and enacted, that any Declaracion before mencioned shall
not extend to any)/.
In the 81 lyne betweene the word (or) and the word (incon=
=venient) putt out the word (otherwise) and putt in the
place thereof the word generallye./
In the 82 lyne betwene the word (Made) and the word (shalbe)
putt in theis wordes (but that the same).
In the 83 lyne putt out the word (Provide) in the end of the lyne &
all that followeth untill it come to the word (Provided) in the
108 lyne.
In the 112 lyne in the end of the lyne putt out theis wordes
(nor to any) and all that followes untill it come to the word
(Provided) in the 118 lune./
In the 135th lyne putt out the word (And) being the last word of
the lyne & all that followeth to the end of the Act
Transcription by: Kate Brookson-Morris