6 14 A. D. 1684. 



2dly, The ftatute [21 'jac. I, c. 3] declaring all monopolies to be againfl 

 the common law. 3dly, That the grant of any fole trade whatever is 

 contrary to magna charta. [9 Hen. Ill, c. 30] and to divers other antient 

 ftatutes, as 25 Edzv. Ill, c. 2, 2 Ric. II, c. i, and 11 R'rc. II, c. 7, both 

 which enad, that all letters-patent and commands, to the contrary of 

 the freedom of commerce, fliall be void. Then he proceeds to fhew, 

 that the Eaft-India company is a true monopoly, as deicribed by our 

 law books, and is not like the Turkey, Rullia, and Hamburgh coni- 

 panics, where there is no joint flock, but every member uies his own 

 trade, buys and fells his own commodities, and has his own fervants 

 and factors. Thefe companies only order what fhips fhall go, but leave 

 to every member to lend his merchandize at his own will and pleafure ; 

 and no man is refufed to be free of their companies that has a mind, 

 paying fome fmall fum for his freedom. But this body-politic, the in- 

 vifible corporation, trades perhaps for a million fterling yearly. The 

 laft three fales that they made came to Li, 800, 000, and nobody hath 

 thefe commodities but they. No man can vote in their company un- 

 lefs he has L500 flock, which cofls above L1500. In fhort, his lord- 

 fhip laboured, not unfuccefsfully, to prove the company to be a true 

 monopoly, and Sands to be innocent, as the company was not eflablifli- 

 ed by any ac"^ of parliament. Yet the king's order for the fliip not to 

 fail obliged Sands, atter a year's fufpenfe, to fell his (hip and cargo with 

 great lofs. The {hips and goods of fome other interlopers, as they were 

 then ftiled, were likewife feized and confifcated in the following reign, 

 in the years 1686 and 1687: but they took out no licence from the 

 company. All which was decided dired;ly againft the fpirit and maxims 

 of our common law, purely for fupporting a lawlefs prerogative in the 

 crown, which, under another monarch, fix years after this time, was 

 agreed to be legally difclaimed- 



About this time, (according to Dr. D'Avenant's Eflay upon ways and 

 means of iupplying the war, London, 1695) the poor-rate, or the ex- 

 penfe of maintaining the poor of England, came to about L665,ooo 

 yearly : and, England, being certainly richer than it was then, it is the 

 general opinion, that in our days it cofls the nation about a million of 

 money. And it is much to be feared, with our author, that as this 

 money is managed in moft places, inflead of relieving fuch as are true- 

 iy poor and impotent, which the laws delign, it ferves only to nourilh 

 and continue vice and floth in the nation. Such a patriot fpirit may, 

 it is to be hoped, fome time or other ftart up in the great council of 

 the nation, as fhall be able to devife an effedual means of obviating the 

 too juft objedions againft the prefent legal methods of providing for our 

 poor, lb as to five to the nation the greateft part of the expenfe, and at 

 the fune time find ufeful employment for the greateft part of the poor,, 

 now maintained in floth at the pubHc expenfe. 



3 



