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Statute of Monopolies, Westminster (1624)

Source: scanned from the parchment copy in the UK Parliamentary Archives

Citation:
Statute of Monopolies, Westminster (1624), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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          Chapter 1 Page 1 of 4 total



No Translation available.


                  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



    


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Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK