1260 CASE OF MONOPOLIES CO REP 84a CO REP 85 CASE OF MONOPOLIES 1261 judgment was affirmed in the Kings Bench in writ of error and therewith agrees 27 in Vide 29 any playing cards nor should make or cause to be Aid Statham made any playing cards within the said The heir law should have of waste tenant in realm upon pain of the Queens at common prohibition against highest displeasure and of such fine and punish ment as offenders in the case of dower but if the heir granted over his reversion his grantee should not have voluntary contempt deserve And afterwards the said Queen 11 40 prohibition of waste for it in the 72 that such assignee in an action Aug anno Eliz by her letters the former appears Register made patent reciting grants of the he shall to Ralph Bowes granted the his waste against tenant in dower shall recite statute of Gloucester cr90 plaintiff executors and administrators and their have for then should recite the deputies the same not prohibition of waste at common law he not privileges authorities and other the said premises for twenty-one after the end of the statute vide 55 14 17 years former term rendering to the Queen 100 marks per annum and further .to him Lastly it was resolved that the said woman by force of the said clause of without granted seal to mark the cards And further declared that after the end of the said impeachment of waste had such power and privilege that though in the case at Bar term of twelve years 30 Junii an 42 Eliz the caused no waste be because the house was blown down vim venti without her plaintiff to be made 400 of cards for the 84 done pa grosses necessary uses of the of and also the subjects to be sold within this and had fault yet she should have the timber which was parcel the house realm exRended in making them 50001 and that timber which down with the and when severed from the defendant knowing of the said and trees are blown wind they are grant prohibition in the plaintiffs letters and the inheritance either the of the of the and become the patent other the premises 15 Martii 44 by act party or law chattels anno Eliz without the Queens licence or the plaintiffs at Westminster caused whole property of them is in the tenant for life by force of the said clause of without to be made 80 of and grosses playing cards as well those as 100 other of impeachment of waste And for this cause judgment was given per omnesfusticiarios grosses playing cards none of which were made within the realm or imported within the realm una vote quod querens nihil caparet per billain by the plaintiff or his servants factors or deputies nor marked with his he had seal imported within the realm and them had sold and uttered to sundry and persons unknown shewed some in certain where fore the plaintiff could not utter his playing cards Contra formam prwdict literar et in OF patentium contemptum dicta dominee Regines the 84 THE CASE MonoPoraEs whereby plaintiff was disabled to his pay farm to the plaintiffs damages The defendant except to one half gross 44 Elm pleaded not guilty and as to that that the Trin pleaded City of London is an ancient city and that within the same from time there whereof has been society of Haber dashers and that within Marsden Seville Street Foundry Ex Great Eastern the said city there was Company 1878 206 custom quod gucelibet persona de societate illa uses fuit et consuevit emere Railway Company Goldsmid 1884 App Cas 940 Cozvaty Cowrt Judge of 85 ii xendere et lihere merchandizare omnem rem et omnes res merchandizahiles infra hoc de Halifax 798 263 regnum .dngliw quocunque vet quibuscunque and personis pleaded that he was civic et liter homo de cAvitate et societate illa and sold the said half of grant by the Crown of the sole making of cards within the realm is void gross playing cards being made within the realm as he lawfully might which the dispensation or licence to have the sole importation and merchandising of cards it upon plaintiff demurred in law And this case without limitation is the which was argued at the Bar any or stint against law notwithstanding by Dodderidge Fuller Fleming Solicitor and Coke forfeiture their Attorney-General for the plaintiff and imposes upon importation 671 Noy 173 by Crook .Altham and Tanfield for the defendant And in this case two general questions were moved and argued at the Ba %rising upon the two distinct in the Com Dig Trade Skin 133 169 Carth 270 Lucas 131. Inst grants said letters patent viz If the said grant to the plaintiff of the sole of cards 181 Co 125 Inst 47 Keb 269 Rob 212 making within the realm was good or not If the licence or dispensation to have the sole importation of foreign cards to the granted plaintiff was available or not in law to the Edward Darcy Esquire groom of the Privy Chamber to Quee Elizabeth bar no regard was had because it was no more than the common law would have and brought an action on the case against Allein haberdasher of London and declared said then no such particular custom to ought have been alleged for in hiis de coramuni that Queen Elizabeth 13 Junii anno 30 Eliz intending that her subjects being able qua fare omnibus conceit untur -consuetudo should themselves and that should alicuf us patrice vet loci non sot alleganda and therewith men to exercise husbandry apply therennto they agrees And although the bar was held not employ themselves in making playing cards which had not been any ancient superfluous yet that shall not turn the defendant to any prejudice but that he well take manual occupation within this realm and that by making such multitude of cards may advantage of the insufficiency of the declaration card-playing was become more frequent and especially among servants and apprentices As to the first question it was on the and poor artificers and to the end her subjects might apply themselves to more lawful argued plaintiffs side that the said grant of the sole of letters making playing cards within the and necessary trades by her patent under the Great Seal of the same date realm was good for three reasons Because the said cards were not granted to Ralph Bowes Esq full power licence and authority by himself his playing any merchandize or thing trade concerning of any necessary use but of and servants factors and deputies to provide and buy in any parts beyond the sea all things vanity the occasion of loss of time and decrease of the substance of the loss of the such playing cards as he thought good and to import them into this realm and to many service and work of servants causes of want which is the mother of woe and and sell and utter them within the same and that he his servants factors and deputies destruction therefore it belongs should have and enjoy the whole trade traffic and merchandise of all playing cards Roll 106 and by the same letters patent further 85 granted that the said Ralph Bowes his Moor 672 Noy 173 servants factors and deputies and none other should have the making of playing Doctrin plscit 56 cards within the realm to have and to hold for twelve years and by the same letters it Moor 671 174 the and that said Noy patent Queen charged commanded no person or persons besides the Doctrin placit 56 Carth 270 Ralph Bowes should bring any cards within the realm during those twelve years Br Prescription 71 nor should buy sell or offer to be sold within the said realm within the said term Vide note Combei case Co 75 Doctrin placit 69 Rob 14 Cro Co Lit 28 Dyer 184 pl 63 Moor 321 Poph 194 Latch 262 Car Cro Jac 133 221 312 Co 120 133 Palm 287 Roll Rep 183 Lit Rep 172 252 Bulstr 94 ride note Frauncess case Co 93 Note Ronhams case Co 120 CASE OF MONOPOLIES 11 CD REP 58 CASE OF MONOPOLIES 1263 to the is et totius and as it is said in the benefit and of the and therewith Fortescue in Laudibus Queen who parens patrice paterfamilias regni liberty subject agrees 20 take fol Capitalis Justiciarius Anglice to away the great abuse and to take legum Angli58 cap 26 Davenant order for the moderate and convenient use of them In mattersof recreation and And case was adjudged in this Court in an action of trespass inter of pleasure the Queen has prerogative given her by the law to take such order for such and Hurdis Trin 41 Elm Rot 92 where the case was that the company make ordinances for the moderate use of them as seems good to her The Queen in regard of the great Merchant Taylors in London having power by charter to to law and abuse of them and of the cheat put upon her subjects by reason of them might better rule and government of the company so that they are consonant of the who should utterly suppress them and by consequence without injury done to any one reason made an ordinance that every brother same society put brother of the same might moderate and tolerate them at her pleasure And the reason of the law any cloth to be dressed by any clothworker not being which the these in of recreation and his cloths some brother of the same who gives King prerogatives matters pleasure was society shall put one half of to society and because the greatest part of mankind are inclinable to exceed in them and upon exercised the art of clothworker upon pain of forfeiting ten shillings it had the these grounds divers cases were put se that no subject can make park chace to distrain for it Rca and it was adjudged that the ordinance although because it the or warren within his own land for his recreation or pleasure without the Kings grant countenance of charter was against the common law was against if he of the has freedom and to or licence and does it his own head in quo warranto they shall