abused the powers entrusted to him by the royal grant. "There are some patents," Noy proceeded to observe, "that in themselves are good and lawful, but abused by the patentees in the execution of them, who perform not the trust reposed in them by his majesty; and of such a kind is the patent for inns; but those that have the execution abuse it by setting up inns in forests and bye-villages, only to harbour rogues and thieves, and such as the justices of peace of the shire, who best know where inns are fittest to be and who best deserve to have licences for them, have suppressed from keeping of alehouses; for none is now refused that will make a good composition. There are also some who have gotten a power to dispense with the statute of vagabonds, rogues, &c., and so make themselves dispensers of the royalties only proper for the king himself. The like patent is granted for tolls, leets, warrens, markets, &c., and they set up bills of it on posts, like new physicians that are new come to town, making merchandises of it." Even Sir Edward Coke, who declared that monopolies were now grown like hydras' heads—they grew up as fast as they were cut off—admitted that, while some patents were against the law, and others neither good in law nor execution, others were good in law and only ill in execution. The patent for inns, in particular, he allowed to be good in law. "He showed," says the report of his speech, in conclusion, "that all the kings, from Edward III. to this king, have granted monopolies; and even in Queen Elizabeth's time there were some granted. Sir Richard Mompesson [perhaps the father of Sir Giles Mompesson, whose conduct as one of the patentees of inns and of gold and silver thread was now in question] and one Robert Alexander procured of Queen Elizabeth a patent for the sole transporting of anise-seed. Monopolies have been granted heretofore de vento et sole; that in Devonshire and Cornwall a patent was granted that none should dry pilchards but those patentees."[1] Another member, Mr. Alford, described the way in which the monopoly of inns operated.
- ↑ Parl. Hist. I. 1193.
