Statute of Monopolies 1623

1623 CHAPTER 3 21 Ja 1

An Act concerning Monopolies and Dispensations with penall Lawes and the Forfeyture thereof.

X1 The King’s Declaration against Monopolies and Grants of Penalties and Dispensations;

For as much as your most excellent Majestie in your Royall Judgment and of your blessed Disposicion to the Weale and Quiet of your Subjects, did, in the yeare of our Lord God One thousand six hundred and ten, publish in Print to the whole Realme and to all Posteritie, that all Graunts [X2 Monapolyes] . . . F1 ,are contrary to your Majesties Lawes, which your Majesties Declaracion is truly consonant and agreeable to the auncient and fundamentall Lawes of this your Realme: And whereas your Majestie was further graciously pleased expressely to command that noe Suter should presume to move your Majestie for matters of that Nature; yet nevertheles uppon Misinformacions and untrue pretences of publique good, many such Graunts have bene undulie obteyned and unlawfullie putt in execucion, to the greate Greevance and Inconvenience of your Majesties Subjects, contrary to the Lawes of this your Realme, and contrary to your Majesties royall and blessed Intencion soe published as aforesaid: For avoyding whereof and preventing of the like in tyme to come.

Editorial Information

X1 Abbreviation or contractions in the original form of this Act have been expanded into modern lettering in the text set out above and below.

X2 Variant reading of the text noted in The Statutes of the Realm as follows: Monopolies O. [O. refers to a collection in the library of Trinity College, Cambridge]

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VII

Modifications etc. (not altering text)

C1 Short title given by Statute Law Revision Act 1948 (c. 62), Sch. 2

[I.] All Monopolies, and Grants, &c. thereof, or of Dispensations, and Penalties, declared void. E+W

All [X3 Monapolies] and all Commissions Graunts Licences Charters and tres patents heretofore made or graunted, or hereafter to be made or graunted to any person or persons Bodies Politique or Corporate whatsoever of or for the sole buyinge sellinge makinge workinge or usinge of any thinge within this Realme or the Dominion of Wales, or of any other Monopolies, or of Power Liberty or Facultie to dispence with any others, . . . F2 , are altogether contrary to the Lawes of this Realme, and so are and shalbe utterlie void and of none effecte, and in noe wise to be putt in ure or execucion.

Editorial Information

X3 Variant reading of the text noted in The Statutes of the Realm as follows: Monopolies O. [O. refers to a collection in the library of Trinity College, Cambridge]

Textual Amendments

F2 Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VII

II—IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 Ss. 2–4 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VII

V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 S. 5 repealed by Statute Law Revision Act 1863 (c. 125)

VI Proviso for future Patents for 14 Years or less, for new Inventions. E+W

Provided alsoe That any Declaracion before mencioned shall not extend to any tres Patents and Graunt of Privilege for the tearme of fowerteene yeares or under, hereafter to be made of the sole working or makinge of any manner of new Manufactures within this Realme, to the true and first Inventor and Inventors of such Manufactures, which others at the tyme of makinge such tres Patents and Graunts shall not use, soe as alsoe they be not contrary to the Lawe nor mischievous to the State, by raisinge prices of Commodities at home, or hurt of Trade, or generallie inconvenient; the said fourteene yeares to be [X4 accomplished] from the date of the first tres Patents or Grant of such priviledge hereafter to be made, but that the same shall be of such force as they should be if this Act had never byn made, and of none other.

Editorial Information

X4 Variant reading of the text noted in The Statutes of the Realm as follows: accompted O. [O. refers to a collection in the library of Trinity College, Cambridge]

VII Proviso for existing Grants by Act of Parliament. E+W

Provided alsoe, That this Act or any thing therein conteyned shall not in any wise extend or be prejudicial to any Graunt or Priviledge Power or Authoritie whatsoever heretofore made graunted allowed or confirmed by any Act of Parliament now in force, so long as the same shall so continue in force.

VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 S. 8 repealed by Administration of Justice Act 1965 (c. 2), Sch. 2

IX Proviso for Charters of London and other Corporations. E+W

Provided alsoe, That this Act or any thing therein contayned shall not in any wise extend or be prejudicial unto the City of London, or to any Cittie Borough or Towne Corporate within this Realme, for or concerning any Graunts Charters or tres Patents to them or any of them made or granted, or for or concerning any Custome or Customes used by or within them or any of them, or unto any Corporacions Companies or Fellowshipps of any Art Trade Occupacion or Mistery, or to any Companies or Societies of Merchants within this Realme, erected for the mayntenance enlargement or ordering of any Trade of Merchandize, but that the same Charters Customes Corporacions Companies Fellowshipps and Societies, and their Liberties Priviledges Power and Immunities, shalbe and continue of such force and effect as they were before the making of this Act, and of none other; Any thing before in this Act contayned to the contrary in any wise notwithstanding.

X—XII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 Ss. 10–12 repealed by Patents, Designs and Trade Marks Act 1883 (c. 57), Sch. 3

XIII, XIV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W

Textual Amendments

F7 Ss. 13, 14 repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1