et celle des demandes, s'efforcent donc à se mettre en équilibre l'une avec l'autre." "On peut dire," says another writer,f "des monopoleurs ce qu'on a dit du Fisc: scavoir, qu'il est à l'égard du corps politique ce que la rate est à l'égard humain : elle ne peut grossir que du déchet des autres parties qui le composent.' ancients. Attempts at monopolys are coeval with trade itself, and Monopoly its repression formed one of the earliest objects of legis- among the lative enactment. In Athens, the exporting of corn and even the hoarding it up was punishable with death; and among the Romans, the attempt to raise the price of provisions was placed in the rank of heinous crimes.' In this country public opinion in early times was In early strongly fixed upon the clandestine bargains of the fore- English his Le Geyt, Const. de Jersey (Monopoles), (1846) vol. i 384. John Peter Willebrand, member of the Supreme Tribunal of Appeals to the King of Denmark, expresses himself thus strongly on the subject: "Les monopoleurs ne sont guères accueillis là où l'on préfere le bien général à l'intéret particulier, et ce serait très mal connaitre le cœur humain de s'imaginer qu'un monopoleur se comporterait mieux qu'un loup auquel on confieroit l'administration de la justice entre les troupeaux." He then adds, rather wickedly, "La police de l'empire agit vis à vis les monopoleurs à peu près comme les papes contre les hérétiques, le Jeudi Saint, mais à mon avis plus utilement." c. 3. Cod. lib. iv. tit. 59; Lysias, Or. 21, c. 5; Diod. Sic. lib. 4, h Suet. Tib. c. 71; Pliny, 8, 37, 56; Eden, El. Jur. Civ. 296. For an interesting account of the measures adopted among the ancients for the suppression of Monopoly, see Collier on Patents, ch. i. On the origin and progress of Monopoly in the early history of Europe, Illingworth's Inquiry into the Laws respecting Forestalling, &c. The word μovonia occurs in Arist. Pol. (i. 11), where it is used simply in the sense of a man buying up the whole of a commodity so as to be the sole holder of it, and to have the power of selling it at his own price. (See Livy, lib. iv. c. 13.) The term is used in a constitution of Zeno (Cod. iv. 59) in the sense of what our law understands by forestalling, regrating and engrossing. Zeno declares that no person shall exercise a monopoly of clothing, fish or any other thing adapted for food or use. tory. staller, the regrator,' and the ingrosser," as the cause of * Forestall, or, as it is written in Domesday Book, foristel, is, according to Spelman, derived from two Saxon words signifying præ and statio. Hence, says he, forstallator is one who bargains for or purchases corn in its way to the market, thereby hindering it from being publicly exposed for sale. (Illing. 9.) The signification of the word was, however, more probably owing to the following circumstance. In ancient times, the Crown granted to many corporate bodies the right of holding fairs and markets at particular places for the purpose of promoting traffic and preserving order, and for the prevention of frauds and oppression. Some of these markets were free, others were granted with toll, that is, a reasonable payment upon the commodities sold in such market. The grantee, also, if owner of the soil, was entitled to the payment of what was termed stallage from every person erecting a stall upon his land. By the obstruction, therefore, of goods or persons coming to such markets, the owners of the market were prejudiced in the profits of their stallage. This kind of obstruction was very early deemed an offence, and termed forestalling. The word has, however, received a statutable interpretation. By 5 & 6 Edw. VI. c. 14 (repealed by 12 Geo. III. c. 71), it is declared "that whoever shall buy or contract for any merchandize, victual or other thing coming in the way to market, to the intent to sell the same again, or persuade any person by any means whatsoever to enhance the price when there, or dissuade any person from bringing their goods or provisions to market, shall be deemed a forestaller." The terms regrator and ingrosser were not known before the reign of Henry III. (3 Inst. 195, 196; 1 Hawk. P. C. c. 80; Brown, Indict. 40; Cromp. 80 b.) Regrator, according to Minshew, is derived from the French re iterum and grater scalpere, and “did anciently signify such as bought by the great and sold by retaile." By the stat. 5 & 6 Edw. VI. c. 14, above alluded to, it is declared that "whoever shall obtain or get into his hands any corn, &c., or other dead victual in any market, and sell the same again in the same market or within four miles thereof, shall be deemed a regrator.” m "Ingrosser," says Minshew, "is also of French origin, a grosseur crassitudo, or grossier solidarius vendor; it signifyeth one that buyeth corne growing or dead victuall; howbeit," he adds, "this definition rather doth belong to unlawful engrossing than to the word in generall." Spelman defines the term thus: "Is in genere dicitur qui integram rei alicujus copiam emendo satagit comparare ut distrahendo postea carius vendat a Gall. le gros pro integro vel plenitudine." The dearth," and summary and severe laws were enacted, with a view of promoting publicity° in all transactions, the odium almost universally attaching in infant communities to those who supply the public with the necessaries of life, imparting a peculiar severity to this species of legislation. Fine, imprisonment, the stretch-neck,' and even Severity of the statute declares that whoever shall ingross or get into his hands by buying, contracting for, or otherwise, "any corn growing or any corn, grain, &c. (otherwise than in the act specified), or other dead victual, with the intent to sell the same again, shall be deemed an ingrosser." " Forestallers, ingrossers and regrators," says Pulton, in his Treatise de Pace Regis et Regni" (tit. "Oppression," 1623), “deserve to be numbered amongst the number of oppressors of the common good and public weal of this realm, for they do endeavour to enrich themselves by the impoverishment of others, and respect not how many do lose so they may gain. They have been exclained upon and condemned in parliament from one generation to another, as appeareth by the statute; but especially by the statute 34 Edw. I. it was ordained that no forestaller should be suffered to dwell in any town, for he is a manifest oppressor of the poor and a decayer of the rich, a public enemy of the country, a canker, a moth, and a gnawing worm, that daily wasteth the commonwealth; and the act and name of a forestaller was so odious in that time, that it was moved in parliament to have had it established by law that a forestaller should be baited out of the town where he dwelt by dogs and whipped forth with whips." • In Lombardy, under Pepin, the sale of horses, oxen, &c., was forbidden, except in the presence of witnesses. (Ll. Longobard. tit. 18.) Among the Anglo-Saxons, numerous laws were made restraining sales, "except in the public markets and within the gates of cities and towns, in the presence of the port reeve, town reeve, king's reeve or shire reeve, in the folcmote, or before a priest or an ordeeler." By the laws of Athelstan, all sales above the value of twenty, and by those of Canute all as low as four pence, were required to be made openly. (2 Inst. 713; Bac. Abr. Fairs.) For similar laws among the ancient Swedes and Goths, see Stiern. de Jure Suec. et Goth. Vet. c. 5. P Fleta, lib. ii. ch. 12, § 19. 9 34 Edw. I.; Illing. 27. Callistrigium is the reward of such as buy any flesh of Jews and then sell it to Christians, and also forestallers who buy anything before the due time, or that press out of town to meet such things as come to the market, to the intent that they may sell the same in the town unto regrators." (51 Hen. III. st. 6 (â. D. 1266); 34 Edw. I. (A. D. 1306); 5 & 6 Edw. VI. c. 14, repealed by 12 Geo. 3, c. 71.) repressive mea sures. Prevalence of the new theory. Argument ap. plicable to patents. death, among a people not naturally cruel, attest the earnestness of their endeavours to extinguish this crime, productive, however, of no more practical result than that it diverted public attention from the real source of evil influences on trade, the exclusive privileges granted by the Crown. In April, 1767, an effectual stand was made by reason against prejudice. Petitions had been presented to the House of Commons complaining of the high price of provisions, which they alleged was due to the practices of jobbers, forestallers and ingrossers. A committee was appointed for inquiry into the matter, and came to the following memorable resolution :-"That it is the opinion of this committee that the several laws relating to badgers, ingrossers, forestallers and regrators, by preventing the circulation of and free trade in corn and other provisions, have been the means of raising the price thereof in many parts of this kingdom."" The extension of the condemnation of Monopolies of trades and articles in common use to that of Patents, is based on the restraint upon the public during the continuance of the privileges. In some cases the mere abstinence amounts to serious self-denial. The tide of manufacturing industry and inventive skill, notwithstanding its apparent irregularities, rolls onward in a settled direction, indicated by the expressed wants of society," 27 Edw. III. c. 11, repealed by 38 Edw. 3, st. 1, c. 6, as to the penalty of death. See Laws and Customs of the Turks, 1768. t Illing. 89. "Com. Jour. 8 Apr. 1767. * As an exemplification of the influence of patent rights in repress. ing the adoption of recognized improvements, it was mentioned before the Committee (1851), that during the existence of Howard's Patent the invention was not used by above one-fourth of the trade. As soon as the Patent expired it was almost universally adopted. (Evid. 967.) y Evidence of Sir J. Romilly, M.R., Com. H. of Lords (1851), Society of Arts, First Report on the Rights of Inventors, 1851. and within an almost calculable time is certain to achieve some means of satisfying those wants. Some discoveries are made by the pioneers of science, men like Watt, far before their age; to them a monopoly of their invention is but an inadequate reward; while of others the whole body of society is in earnest search; the appropriation therefore by individuals may be looked on almost as an invasion of a right. Political The next point to be established is the effect produced Effect of government inby Government interference with trade. In this respect terference. public opinion has of late years been materially changed." During the period alluded to, Political Economy has Effect of become a science, and established, as a deduction from Economy as a experience, the laws that regulate the distribution of science. wealth and the principles which should influence legislation. In the commercial as in the material world, these laws are not capable of being speculatively laid down, but are the result only of intelligent deduction. from large and accurate observation. Like them, too, when discovered, they are found simpler than those suggested by hasty generalization to account for the pheno mena.c measures under the two systems for the further The effects of this science are perhaps hardly realized Contrast of except by a contrast of the measures taken formerly and those advocated at the present day for securing the prosperity of trade. For centuries in this country authoritative intervention was looked for by the people and insisted on by kings in points on which private enterprized For a statement of the theory of the so-called mercantile system, see Dic. Univ. Savary. (1751) Commerce; A New Discourse of Trade, Sir Josiah Child (1694). A Discourse on the Protection and Care of Trade. D'Avenant's Political Works, i. 98, v. 452. b Savary, 1751. Translation by Postlethwayt, p. 547. Byles on the Usury Laws (1845), p. 2, App. 164; (1835) Kelly on Usury Laws, Com. Dig. "Usury." The most signal instance, perhaps, of this, is the present condition of salmon fisheries. From the reign of John down to the present day, Legislation was busily occupied with their direction. Their regulation C ance of trade. |