Page:A short English constitutional history for law students (IA shortenglishcons00hamm).pdf/37

The Case of Monopolies.* a, The Statute of Monopolies (james I.) allowed a monopoly to be granted for twenty-one years to the inventor; (and this Act has now been incorporated into the Patents and Designs Act, 1907). However, the rights of corporatious and companies were expressly excepted [rom the statute, and therefore a monopoly granted to them was perfectly valid. ‘The Great Case of Monopolies.* b, In 1694 a new charter was granted to the Fast India Company and in consequence of this the House of Commons passed a resolution that all subjects of the Crown have an equal right of trading in the East Indies unless restrained by Act of Parliament. Ik, The Suspending Power. This was the right of the Crown to suspend the operation of a particular statute altogether and in favour of all persons. a, In early times it was not often exercised; and when it was it was usually confined to matters of religion, e.g. the Statute of Provisoes ; and it fell practically into disuse. b. Charles [1 revived its use by issuing lis famous “Declaration of Indulgence,” alike for Protest- aut, Nonconformist and Roman Catholic, against the statutes imposing religious dis- abilitics. There was, however, a popular outery against it. ec. James II. also issued a Declaration of Indul- gence, The Seven Bishops’ Case.* d, The Bili of Rights, 1689, declared that “the suspending power as it hath been assumed and exercised of late is altogether iflegal.” ‘Lhe Succession to the Crown. It is a popular mistake to believe that the eldest son of aking has always succeeded his father through- out English history. 2

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