Page:Prerogatives of the Crown.djvu/197

 Ch.X. Sec.IL] Patents. 177 On the freedom and careful regulation of the internal trade of a country, materially depend the industry, the wealth, and the comforts of retail dealers, who form by far the greater portion of the mercantile branch of the community, and a very consi- derable part of society at large; and the welfare of the rest of society are also involved in the immunities of trade. It is, therefore, a settled principle of the common law, that any arrangement which restrains or affects the freedom of trade, or leads to public inconvenience, by raising the price df pro- visions &c. is invalid («). The law equally restrains the exer- cise of the highest prerogatives of the Crown, and forbids the most trivial engagement between the lowest of its subjects, when the object or effect may be injurious to the public in this respect. Hence it was, in the most antient times, a rule of the common law, that a monopoly [which may be defined to be an allowance by the King to any person or body of persons, for the sole making or selling, &c., any thing whereby any persons are sought to be restrained of a freedom or liberty they had before, or are hindered in their lawful trade {h) is contra- ry to law {c). These monopolies were granted by Queen Eli- zabeth, to an intent highly prejudicial to the public, for the purpose of filling her coffers ; but the mischief was suppressed by the statute 21 James 1. c. 3. which declares, that all mono- polies, &c. are contrary to law, and shall be deemed void and of none effect ; and some provisions are made for the prevention of any future grants tending to create a monopoly. Even at common law, the King had the power of conferring on the inventor of any useful manufactory or art, the sole use of it for a reasonable time {d). This species of monopoly differs widely from that just considered. He who by his ingenuity, his labour, or his skill, has made a discovery essentially bene- ficial to the public, has in a manner earned an exclusive and temporary right to the profits it may afford. This is but a fair recompence for the benefits he imparts to society, to which jus- tice, and the policy of encouraging talents, and the exercise of skill, evidently entitle him. .On this common law principle, (a) See 1 P. Wins. 181. 2 Saund. (c) Ibid. Bac. Ab. tit. Monopoly. J57. n. 1. Stra. 739, 5 T. R. 111. Bull. N. P. 76. Bridgm.ed. JO East, 22. (d) Noy. 182. 2 Hawk. P. C. bk. 1. (b) 3 Inst. 181. 2 Hawk. P. C. 293. c. 79. s. 20. bk. I.e. 79. the