Page:Prerogatives of the Crown.djvu/188

168 F&reign Connnerce, [Cli.X. Sec. I. of it, are things of so public a concern, that whatsoever has a direct and evident tendency to the discouragement and dis- advantage of the one or to the diminution of the other, is a crime against the^ public. As an instance of which, I shall mention it as a kind of precedent ; that raising and spreading a story, that wool would not be suffered to be exported upon such a year (probably by some stock-jobbers in those times), whereby the value of wool was beaten down, though it did not appear the defendants reaped any particular advantage by the deceit, was, upon the account of its being an injury to trade, punished by indictment; and a confederacy, without any fur- ther act done, to impoverish the farmers of the excise and lessen the duty itself, has been held an offence, punishable by infor-* mation. If, therefore, the consequence of this present under- taking should prove what is apprehended from it, there can be no doubt but that the Crown has so much interest and concern for the trade of the nation and its own revenue, as to be able to put a stop to the carrying on a thing so mischievous to the one and the other, by the advice and assistance of his Majesty's own subjects. " As to the particular subjects so employed abroad, there is no doubt but that the King, by his prerogative, may restrain them ; it is agreed on all hands, that the statute of fugitives, is but an affirmance of the conunon law. That the Crown may, at its discretion, require the personal presence and at- tendance of the subject, lest the kingdom should be dis- furnished of people for its defence, as it is said in some books; and not only so, but upon a suspicion or jealousy that he is going abroad. Ad quam plurima 7iobis et quam plurihus de popido nostra prejudieialia et damnosa ibidem prosequenda (as the writ, framed upon that occasion, expressed it). The Crown is, by law, entrusted to judge what things those are which shall be looked upon to be mischievous and prejudicial to the Crown and people, and what caution is to be taken against them ; and by that writ it appears it is equally criminal to do any tiling of that kind by any other hand, as to do it personally himself; and, therefore, after the writ has com-r manded his not going abroad, it adds, nee qui qiiicqiiam ib, prosequi attemptes^ sen attemptari facias^ quod in nosttum sen dieted corona nostrae prejudicitm, cedere valeat quo vis modo : nee aliquem ibidem mittas ex liac causa. 7 " Upon