Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	prince_n	state_n	subject_n	1,779	5	6.3897	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55327	Of trade 1. In general. 2. In particular. 3. Domestick. 4. Foreign. 5. The East-India. 6. The African. 7. The Turky. 8. The Spanish. 9. The Hamburgh. 10. The Portugal. 11. The Italian. 12. The Dutch. 13. The Russia. 14. The Greenland. 15. The Swedeland. 16. The Denmark. 17. The Irish. 18. The Scotland. 19. The plantation. 20. The French, &c. Also, of coyn. Bullion. Of improving our woollen manufacture. To prevent exporting wooll. Of ways and means to increase our riches, &c. By J.P. esq; to which is annex'd, the argument of the late Lord Chief Justice Pollexphen, upon an action of the case, brought by the East-India Company against Mr. Sands an interloper.	Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel, upon an action of the case brought by the East-India-Company.	1700 (1700)	Wing P2780; ESTC R218994	111,770	258

may hope to retrieve our Trade but if instead thereof we should continue wallowing in Luxury and scrambling who shall get most one from another it may be feared we shall indanger the loss of all and justly incur the Sentence pronounced by the Wise Man He that is in love with his folly shall perish in it London July 15. 1696. FINIS THE ARGUMENT OF A Learned Counsel UPON AN Action of the CASE Brought by the East-India-Company AGAINST Mr. Thomas Sands an Interloper LONDON Printed for B. Aylmer at the Three Pigeons in Cornhill 1696. De Termino Paschae Anno xxxvi Caroli II. Regis In Banco Regis Gubernator ' Societas Mercator de London in Oriental ' Indiam negotiant ' against Tho. Sands AN Action upon the Case wherein the Plaintiff declares That Our Lord the King 3. Apr. 13 C. II. by his Letters Patents reciting that the Company of Merchants trading to the East-Indies have been long a Corporation and enjoyed divers Liberties and Privileges by divers Grants from Queen Elizabeth and King James That the King was informed that divers Inconveniences and Disorders were committed to the Prejudice of the Company at the Petition of the Company the King grants ratifies and confirms to the Governour and Company of Merchants of London trading to the East Indies That they should for ever be a Body-Politique by the Name of Gubernatoris Societatis Mercator ' de London in Oriental ' Indiam negotiant ' Ac eos per Nomen Gubernatoris Societatis Mercator ' in Oriental ' Indiam negotiant ' Vnum Corpus Corporal ' politicum in facto nomine realiter in perpetuum fecit ordinavit constituit stabilivit declaravit per Literas Patentes illas With Powers to purchase sue and be sued by the Name of Governor and Society of Merchants of London c. And that they and all those that then were or should be of the said Company and all their Sons at their Ages of 21 or more and all their Apprentices Factors and Servants who should be imployed by the Company in the said Trade to the East Indies beyond the Seas might traffick and use the Trade of Merchandize by Sea by the Passages and Ways discovered to the East-Indies Beyond the Cape de Bona Speranza unto the Straits of Magellan in such Order Manner and Form Freedom and Condition as from time to time at any publick Assembly or Court holden by or before the said Governor and Company by or betwixt them of the said Company or the greater Part of them present at such Assembly or Court shall be limited or agreed and not otherwise any Diversity of Religion notwithstanding so as the Trade be not with any Christian Prince or State in League with our King who shall not accept of their Commerce but refuse to accept the same And that the Company their Factors Servants and Assigns in the Trade of Merchandize shall for ever have the whole and sole Trade and Traffick and the whole Freedom Use and Privilege of trading and merchandizing to and from the East-Indies in such manner as before mentioned And that the East-Indies or the Isles and Places thereof shall not be used or haunted by any of the King's Subjects against the true Intent of the Letters Patents And by the same Letters Patents the King commands all his Subjects that none of them shall visit or frequent or trade in the East-Indies unless with the Licence and Agreement with the Company first had under their common Seal That by Vertue of this Patent the Plaintiffs have been and still are a Corporation trading to the East-Indies with the Inhabitants thereof who at the Time of the Letters Patents granted were not nor yet are Christians nor Subjects of any Christian Prince or State but Infidels Enemies and Adversaries of the Christian Faith And that their Trade hath been to the Profit of the whole Kingdom and Encrease of the King's Customs That this Trade cannot be carried on but by a Company or Body Politick And that from the making the Letters Patents they have had and ought to have had the sole Trade there That the Defendant Sands being a Subject of the King 's but no Member of the Company nor being Son Factor Apprentice or Servant or Assignee after the Letters Patents viz. 19 Jan. 34. Car. nunc to the East-Indies beyond the Cape de Bona Speranza and this Side the Straits of Magellan in certain Places called Atcheon Mecklapaton and Porto Novo with a Ship called the Expectation hath traded and merchandized And divers Wares in the said Ship to these Places transported there bargained and sold and other Merchandize there bought and into this Kingdom Imported without the Licence and against the Will of the Company in eorum praejudicium depauperationem manifestam and against the Form of the Letters Patents ad damnum of the Company 1000 l. Plea The Defendant demands Oyer of the Letters Patents which are set forth in haec verba And thereby after the naming the Governor the 24 and constituting a general Court of Assembly and the Powers of Elections of their Officers That the King doth grant as in the Declaration so far as there mentioned But then in the Clause of Grant of sole Trade at the End thereof they have omitted this And that the said Governour and Company and every particular and several Person that now is or hereafter shall be of the Company shall have full and free Liberty and Licence in form aforesaid to and from the said East-Indies according to the Orders Ordinances and Agreements hereafter to be made at their publick Courts In the Recital of the Clause prohibiting others to trade without Licence under the common Seal they leave out a Part of that Clause which is this Upon Pain that every such Person that shall trade to or from the East-Indies shall incur the Forfeiture of his Merchandize he shall bring into the King's Dominions contrary to the Purport of this Charter or which the Company shall find in the East-Indies where they traffick and also of the Ship wherein the Merchandizes are transported one half to the King the other to the Company and Imprisonment of the Offender Then follows a Clause of Grant That the Company for any Consideration or Benefit to be taken to their own Use may grant Licence to any Stranger or other to trade to or from the Indies Then the King grants to the Company That the King will not without the Consent of the Company give Licence to any to or from those Places Then there is a Clause That none of the Company shall have a Vote in the general Assembly unless he have 500 l. in the Stock And after Oyer the Defendant pleads the Statute of the 5 E. 3. c. whereby 't is enacted That the Seas shall be open for all Merchants to pass with their Merchandizes wherever they please And that he by Vertue thereof did trade as in the Declaration

as 4 or 5 s. on a Guinea paid in our Milled Money or any other Coyn that is equivalent in Weight and Fineness and would answer in Value to our Milled Money in our Mint and therefore the Truth of the Fact may be doubted But if it be true we should be very Impolitick if we should not incourage them to continue of that humour for it would be our advantage to carry them all the Guineas we have or as many as they please to take and bring away their Silver which for all Payments would be as useful to us as the Gold and the 4 or 5 s. per Guinea which they would if that were true give us more than their Real Value would be so much clear Gains But this Argument being too grols to hold any Contest Notions about Exchange or that Guineas will pass in those parts at that Rate in purchasing of Commodities are mustered up to make it good It hath been already asserted That no Reason can be given why Bullion or Money should be Exported out of any Nation to a Foreign Country to remain and continue there but in order to pay or contract some Debt unless the Person that Exports it intend to remove himself also or to give it away All Persons so indebted or that intend to become indebted to any Foreign Nation by any Purchase or Contract consider which way to raise such Money as shall want in that Country whether by remitting Goods Bills of Exchange Bullion or Coyn if find that the Price of Goods and Rate of Exchange is against them and that Bullion or Coyn will turn them better to account 't is probable that they may resolve to send out Bullion or Coyn and the like our Neighbours that are indebted or have occasion to run in Debt to us will practice but the Raising or Falling of the Coyn to prevent or further it either here or there will have little more influence than the sinking of a Ship in the mouth of the Thames would have upon the Flux or Reflux of the Sea because the Rate of Exchange and Prices of Goods would Advance proportionable and make it the same thing in effect though may occasion some Change in Names and Figures For unless it can be made out that the Raising or Falling of the Coyn will discharge what Debts we may owe to Foreign Nations we shall be as lyable to pay them after such Advance as before and they probably as willing to be paid which will occasion that our Coyn must go be it high or low and nothing but not running into Debt can prevent it To imagine that Foreign Nations will in any Case take from us Guineas at 4 to 5 s. per piece more than are worth compared with Silver or in Exchange of Silver is to imagine they will act contrary to Common Sense Therefore it is probable that this Assertion is taken up not upon Observations made upon the usual course of Trade but from Accidents which may give some cause for it As Gluts of Markets or Want of Goods may advance or run down their Prizes so Plenty of Bills of Exchange or Scarcity of them or of Money for Bills for any place may occasion a considerable alteration in their Rates on a sudden which may sometimes offer Opportunities to remit Gold to Holland or to any of our Neighbouring Countries to purchase Bills of Exchange which when received here may produce 26 s. per Guinea And thus it may be said that 26 s. was obtained for a Guinea But the alteration of the Coyn cannot have any effect to prevent any such Accidents which as do sometimes occasion the carrying out of Coyn or Bullion so at other times the bringing of it in For Merchants from Holland when the Exchange gives them any such temptation send Money here to make the same Advantage to themselves also Such wayes as these ever were and will be practiced by Trading-Men to get Money and what thus happens by Accident not very material to a Nation For when any such great difference happens between the Product of Bullion and Exchange cannot according to Nature hold long either the Trade of Exchange will destroy the Trade in Bullion or Bullion that by Exchange Both Trades will not long continue unless the Rates run near an Equality or Par. If Guineas be made currant by Law at 26 s. and the Silver not raised proportionable then our Neighbours will take the same advantage on us as is before proposed to be taken on them bring us in Gold and carry away our Silver which will be so much Loss to the Nation as the 4 s. or 5 s. per Guinea on the quantity so brought in will amount to Therefore if Guineas be Advanced our Silver Coyn must be Raised also A perpetual Silence would be put to all Arguments for Raising all or any of the Coyn to prevent Exportation if the impossibility of preventing the Raising of the Rates of Exchange and Prizes of Goods proportionable or how to avoid the payments of Debts to Foreigners if any such be contracted or to hinder other Princes or States from Raising their Coyn proportionable were well considered Exchange for Ireland was 10 to 15 per Cent. in Favour of that Kingdom last Year now about 10 per Cent. in our Favour And the like Instances may be given of alterations since the stop to a Currency of the Clipt Money In the Exchange to other places the Price of most Goods did advance to the Price of Guineas when were current at 30 s. and are since Fallen which are such great Proofs from Experience and fresh in our Memory that the Weight and Fineners of the Coyn doth govern not only the Price of Exchange but of Goods also that it must afford cause for admiration that any doubt should be made to it The Bulk of Trade is usually carried on between Nation and Nation by Bartering or Exchange of Commodities but when disuse high Customs gluts of Markets or any other cause make such alterations in the Prizes of the Commodities of any Country that may not turn to account so well as Bullion then Bullion will be Ship off in the room of such Commodities If for any cause our Goods should so decline in Price Abroad as to hinder their being sent out and the Goods of such Foreign Countries to which we did use to send them should continue in esteem and be consumed here then we shall either send out our Bullion to purchase them or those that bring them will carry away our Bullion in return of them But this cannot be prevented but by taking less Goods from such Nations or by finding some way to get such a Repute to our own as that we may spend more there for buying and taking much of such Nations and felling and delivering little to them must inevitably bring us in Debt and occasion the going out of our Money to discharge what we did not pay in Goods To prevent this

alledged prout ei bene licuit To this the Plaintiff hath demurr'd Before I come to state the Points and Questions upon which this Question truly depends I desire to shew what are not the Points or Questions in this Case 1. It is not the Question whether the King by Law can restrain any of his Subjects to go out of the Kingdom For the King may so do and this without Distinction of Christian or Infidel Country pro hic nunc as Occasion may be 2. It is not the Question whether the King can restrain all his Subjects to such a Country or City It may be done upon particular Occasions as of War or Plague But from hence to argue that the King can grant you and your Successors for ever a sole Trade to such a Country or Place excluding all other his Subjects except with your Leave or Licence Because he can restrain this or that Subject therefore he can grant a sole Trade to the Plaintiff and exclude all others but you and such as you licence for ever Because he can upon particular Occasions as of War or Plague restrain or prohibit his Subjects to go or trade to such a City or Country That when there is neither Plague nor War the King should grant a sole Trade to any particular Person whether Body Politick or Natural and restrain all others for ever Can this be by the Law done If this Foundation will warrant it though in this Case this be with Infidels and upon that ground some difference imagined betwixt an Infidel and a Christian Country Yet remember your Reason or Foundation doth not distinguish or make a Difference For if because the King hath Power to restrain or prohibit Subjects to go out of the Realm Or by Occasion of War or Plague all his Subjects from trading to such a City or Country since this Power you must agree extends as well to Christian as Infidel City or Country The granting of sole Trade to one Subject or Body Politick and restraining all others is the same whether it be to Christian or Infidel City or Country And when you cite the of Statute 3 Jacc. 6. which enacts That the King's Subjects shall freely trade to Spain and Portugal notwithstanding the Charters of Incorporation granted to some Merchants and the Prohibitions in those Charters And from thence argue that because there were Prohibitions or Restraints by Charters as to those Countries which were Christian therefore such a sole Trade to an Infidel Country is well granted You must have it admitted that such a Grant to those Countries is good and legal or else you argue from that which you grant not to be lawful to prove another like Grant to be lawful Or at least by the same Arguments and Reasons maintain such a Grant of sole Trade to be good whether made to Christian or Infidel Country If then it not being the Point or Question in this Case Whether the King can restrain his Subjects from going beyond the Seas Nor Whether the King can lawfully restrain his Subjects to trade to a particular Country or Place whether Christian or Infidel Then the Questions plainly and shortly are 1. Whether this Grant of sole Trade to the Plaintiffs be a good Grant or not 2. Supposing that it should be then whether this Action be maintainable or not 1. By the Common Law Trade is free and open for the King's Subjects And this I shall endeavour to shew from Authorities Commercium jure Gentium commune esse debet non in Monopolium privatum paululorum questum convertendum 3 Inst 381. Iniquum est aliis permittere aliis inhibebere Mercaturam The Taylers of Ipswich's Case That no Trade Mechanick nor Merchant 1 Rols Rep. 4. can be hindered by the Patent of the King a Patent that only 100 Persons shall use such a Trade is void Note F.N.B. 85. that by the common Law every Man may go out of the Realm for Merchandize or travel without demanding Leave of the King Stat. 5R 2. c. 2. Prohibited all but Great Men and Merchants to pass out of the Realm without the King's Licence But this Statute is repealed by 14 Jac. c. 1. That every one may at his Will go with his Goods Dyer 165. and cites F. N. B. for it 2. And in the next place That appropriating Merchandize and Trade to a particular Person or Persons or a Body Politick excluding others is an ingrossing such Trade And that all ingrossing Trade is against the common Law 3 Inst 196. That ingrossing any sort of Merchandize is an Offence at common Law In this Court lately Dom ' Rex vers Crisp al. an Agreement betwixt divers Coprice Makers and Coprice Merchants for the buying of all Coprice that the Coprice Makers should for three Years make at so much a Tun and restraining them from selling to any others Adjudged an ingrossing upon an Information in this Court And if a Company of Merchants should buy up in like manner all the Merchandize of Spain or Portugal or the Canaries or other Town or Place for three Years to come This I think would be an ingrossing and the Contract against Law For the Consequence of it must be that they would sell at their own Price and thereby exact upon the King's Subjects And your Patent for the sole Trade to the East-Indies invests you in all the Merchandizes of those Countries and ingrosseth them all into your Hands And if a Patent grant to any the ingrossing of Merchandizes this Patent is against Law and void Ingrossing is in Truth but a Species or another Name for monopolizing for all the Difference between them is that ingrossing is commonly by Agreements and Contracts made betwixt Subjects one with another without the King 's Grant but Monopolies are Ingrossings by Colour of the King's Grants The Case there of John Peachy 3 Inst 181. who 50. E. 3. was severely punished for a Grant under the Great Seal for the sole selling of sweet Wines in London This was ingrossing by Colour of the King's Grant Case of Monop. 11 Rep. 84. Moor. 673. and in Noy and a Monopoly Darcey had the sole importing from beyond Seas and selling of Cards granted him by Patent for 21 Years under a Rent prohibiting all others to sell and this Trin. 44. Eliz. adjudged a void Grant And the Statute 21 Jac. c. 3. declares all Monopolies to be against the common Law So that this being so If this Grant be a Grant to you to ingross or monopolize then by the common Law this Grant is void 3. That that this Grant of sole Trade is against Magna Charta and divers other the ancient Statutes 9 H. 3. Mag. Ch. c. 30. All Merchants if they were not openly prohibited before shall have their safe and sure Conduct to depart out of England and to come into England to buy and sell without any manner of evil Tolls by the old and