Declaration 
 
 Concerning matter 
 
 of Bounty. 
 
 King James 1. i6io. 
 
 Facsimile Reprint, 1897 . 
 
To 
 
 / 
 
 Profiting by the courtesy of the Trustees of the British 
 Museum y I have obtained for the purpose of reproduction 
 i7i a book^ shortly to be published^ photographic blocks of 
 the Declaration concerning matter of Bounty published 
 by King James in 1 6 1 o. The particular mentio 7 i which 
 is made of this Declaration in the Statute of Monopolies 
 renders it unique among English legal and historical 
 documents and the interest attaching to it is enhanced by 
 ^ the circumstance that the document itself has been so 
 completely lost to knowledge for hvo hundred and fifty 
 years past that even its title has been only imperfectly 
 kn(mn to writers upon English law since the days of 
 Sir Edward Coke, 
 
 By an arrangement with my publishers I have secured 
 the first two hundred impressions from these blocks in a 
 separate form to be issued for private circulation and 
 presuming upon the rarity a 7 id interesting character of 
 the document I take the liberty with great respect to beg 
 your kind acceptance of one of these copies. 
 
 I have the honour to be^ 
 
 Your very obedient Servant^ 
 
 II, King’s Bench Walk, Temple, 
 London^ E.C. 
 
 25th May, 1897. 
 
LmiBiy ol mcGlll lliilveii!lt!i 
 
 MONTREAL. 
 Received.. VS.3S 
 
 
A 
 
 Declaration ofHis 
 
 M aie flies Roya 11 pleafure,in 
 whatfortHe thinketh 
 fit CO enlarge, 
 
 Or referue Himjelj'e in matter 
 of^ountit^. 
 
 ^Imprinted at London hyTi^bert 
 
 'Barker ^Vnuici to the Kings rnofl 
 Excellent MaielHe. 
 
 Anno i^io. 
 
 G 
 
 M 
 
f By the King. 
 
 A DECLARA 
 
 T I O N OF HIS. 
 
 <iIMCate^i{es pleafure^, in 
 what fort he thinketh fit to enia rge, 
 or rder ue himfelfe m ma t ter 
 of Bountie. 
 
 Auing fo partf- 
 cularly defcended 
 into the confidera^ 
 tlon of our Sfate-^, 
 QreJpeUing Trca- 
 fure , ^w<^Reue- 
 nue, ^ as Vi>e fnde it full of diffcul- 
 ty to reduce the ftmt ^ , to the termes 
 
 <*A 3 that 
 
 M 2 
 
 GST ST 
 
I 
 
 that are to beT>piJhedfhyanjfucI)fiid' 
 den orcertatnemeanes y04 'tndl notre- 
 (juire fome len^h , and 
 
 change of former (Z\x^oxx\tSyboth in 
 
 the maner of our Expcnce ^ and of 
 owrBountie; U^eehaue thought it 
 one of the best parts of the C arc^ not 
 onely to refolue ytith our f elms yo de^ 
 dine from all maner of Expence 
 that Jhall not bee necejfary for thc^ 
 fafetieofOur Crowne, and.honour 
 of thatEflate and dignitie (yt>hich 
 no b\mg can fujfer to fall ^ but hee 
 muU run into contempt both abroad 
 and at home^ but alfoto takefuch 
 further courfe as may make hyioypen 
 to Our Seruants and SubieBs ; that 
 although it is farre from Our inten^ 
 tion to flop all liberalitie from Our 
 
 ypell 
 
3 
 
 vpell deferuim Seruants, Yet Wee 
 
 *' • n ct r I 
 
 meane not in rejpect of tbe vaine or 
 vnnecej^aty Expence, of any pn- 
 uateman (or vpon falfe fuggejlion of 
 former feruices') to be dra'^r>en either 
 by the mediation of friends , or by 
 the mportunitie of any partie inne^ 
 cefittiefo farre to reJpeU or commu 
 ferate others^ as to caH Our Selues 
 and our Tojleritie into.thofe wants 
 orfireights ^ which may driue Vs to 
 lay burdens on OurT^eople, to whom 
 W ?e defire to endeere Our Selues by 
 all the Princely offices of Fauour 
 and FroteUion which any earthly 
 Kfng can afoord vnto his SubieBs. 
 off nd therefore as We doe on the one 
 part expreffely forbid all Our Ser^ 
 uantsand SubieUs (* of what condi- 
 
tion foeuer they be') to propound or 
 offer any Suites to Vs, by which Our 
 Teopleingenerall may beimpoueri^ 
 JheaoroppreffediSoon the other part 
 
 preffeVsffor any thing that may e'u 
 ther turne to the diminution of Our 
 ^uenewand fetled^eceiptSyOrlay 
 more charge vpon Our Ordinaries, 
 *vpon pame to be helde and reputed 
 in either of thofe two kfides, as per^ 
 Jons vnworthy to enioy Our Fauour 
 or Frefenccs for euer, fn which 
 conf deration, becaufe IVee I^ow not 
 whether IVe may vnawares, or vpon 
 tnultiplicitie of bufne/fe, chanrp > to 
 pajjcs any (Jmunt or IFarrant, con^ 
 trary to the Order fet downe herein : 
 
 Wee 
 
Wee doe not onely forbid all ferfons 
 iiifhatfoeuer , ( either Officer or 
 thers^ to receiue any fuch^th tions, 
 or \V arrantSj as (halhe of thop na^ 
 tures that are for bidden in the fche^ 
 dule hereunto annexed (’ vpon that 
 perill yphich is due to fuch prefuinp- 
 tion ) but We doe forbid our Secre - 
 tarie of Ellate,/^^ keeper of Our 
 priuie Seale, Our Chancel- 
 
 lour of England , to feale any fuch 
 Graunt or Warrant , before they 
 haue enformed%)s farticulerly , and 
 receiued a new fignification of Our 
 pleapre^ by a new Warrant w- 
 der Our hand, nd becaufe We 
 haue obferued alfo , that the fwift^ 
 neffe in prepanngVd^ arrants before 
 the Suites be mooued, (a courfe con- 
 
 ^ trary 
 

 6 
 
 trarj to all good order , ') is often^ 
 times ameane to hinder the exami- 
 ning and diftinclion oj' mens 
 Suits ; iVee doe hh^mfe command 
 Our principall Secretarie , Our 
 Mafters o/H.equefl:s,^W<?// other 
 M-inifters imployed vnderOur Se-- 
 cretarie in that {e.v\i\ccyiotto fuffer 
 any W arrants to be made for any 
 Suite , before the matter haue bene 
 mooued vnto by petition , and 
 Ourpleafure fignifed for thai^ ar- 
 rant vphich is to pafe Our hand; 
 
 "Exception. Except it be for any fuch W arrants 
 or priuie Seales , as feme to direU 
 or appoint any fummes of money to 
 bee^ ifued for paiments , that con^ 
 cerne any prefent feruice for Our 
 fclues,(?r OwrEftate, ypbich are 
 
 things 
 
7 
 
 things of othernaturey and of grea^ 
 ter expedition then matters of 
 ward. 
 
 (*J[ nd in afmuch as JV^e are dejirous To preuent 
 tofreuent the needlejfe attendance ofsuSrf 
 fuiters, to their charge and difip^- ' 
 pointment, (yphich is little better /f 
 not more preiudtciall, then a meere 
 deniall,) ortoleauemen incertaine^ 
 mthin TS>hat natures of Suites, they 
 may containe their\iopes, and rehen 
 and where, they may refort for an- 
 fwere or diipatch : JVee^ haue 
 thought good, to conceiue and declare 
 in another Schedule, (* hereunto 
 annexed ') the natures of fuch Suits 
 wherein W^e are pleafed to be moued* 
 
 ^ nd for the manerof propounding 
 ormouing them, IVe doe further de^ 
 
 2 z dare 
 
* li' 
 
 I-! ‘7 
 
 dare, that either Our 
 Secretarieyor the time being, or 
 feme by Our appointment for htm ^ , 
 and the Mailer ^ Requefts then 
 attending,Jhall haue audience of Vs 
 for all Suits that doe concerne Our 
 Bounty once in euery ’toeekp ut leafl: 
 At yi>htch time if the fame jhallap' 
 peare, to be Mthin the natures ahoue 
 limitation, limited for Reward, Our Tlea^ 
 
 furefhall be fo declared to thofe that 
 doe prefent them, as the Suitors Jhall 
 hnotp ia?hat they may loo^efor, and 
 yrhere they Jhall he dif^atched^accor^ 
 ding to the nature of the Suit that is 
 moued: '‘^ut f any of thofe Suites 
 [hall re quire further examination or 
 information from any of 0«r Offi- 
 cers or Commifei oners, whofe^ 
 
 kposif-’ 
 
[{HOVoledge therein may be necefiary, 
 for gluing Vs further light of the^ 
 Value and Nature thereof they 
 fhall then be referred tothofe ythome 
 it concerneth^vpon vphofe Aniwcrcs 
 and Certificates PTee ytillfgnifie-j 
 0 ur further Tleafure ^ as caufe fhall 
 require 
 
 dA nd becaufe there may he Suits, 
 
 Mixed 
 
 Suits. 
 
 cers and Offices f ims?hich cafes it 
 may be conuenient to ref err e the Ex- 
 amination of them tofome fuch per^ 
 fons as may conferre vpith the parties ^ 
 that doe prejent the faid Suits, or 
 thofe that may haue fome particuler 
 interefl in the fame ^ either in refpeU 
 of trade or other^ife, ) IFee haue 
 
 ® ^ thought 
 
 t 
 
Commif- 
 
 fioners. 
 
 10 
 
 thought meet Q in thatrej^e2t) to 
 point a certaine number of Com- 
 TTiiisioners,^(? examine and confider 
 of all fuchparticulers^ asjhall be re^ 
 f erred vnto them bjVsor Our Coun^ 
 fell. (*A nd to preuent the pafsing or. 
 
 f Taunting of any thing ipphich fhould 
 e contrary to our Lawes , We haue 
 made Our choice ofperfons feuerally 
 qualified , both in thevnderflanding 
 of our Lathes, and other fnoyt>ledges^ 
 that they may be Jo much the better 
 enabled ,to report the quality of fuch 
 Suits, toOur*Triuy Councel/^ 
 ter conference^ xt>ith the Suitors, 
 Examination 0 / their feuerall 
 natures , and the Circumftanccs 
 depending thereupon, t)shich vpould 
 tal^ too much time , from Our fayd 
 
 T^riuy 
 
men. 
 
 n 
 
 ^my Coimcell^ if they fhould 
 not hefirjl prepared and digejied hj 
 that cQurfe vphich is herein exprejjed, 
 
 LaHly, becaufe W^e would he loth Rereruation 
 thatthofe that haue not doyly accejje I 
 nmto Us , fhould thinl^e themfelues 
 in danger flill to be preuented by o- 
 thers^ who haue more^ meanes to 
 mooue Suites for themfelues then 
 they haue • W^e doe declare hereby, 
 that (except it he in Czkswherein 
 fome jpeciall induftry of diTcouery 
 ■may mooue Us more properly to re<> 
 
 JpeB the firjl Suitor thers any o- 
 tber') JVee will not fufer any fuch 
 aduantage to be taben by one mans 
 neercnejfe more then another, as not 
 to ma^ it one of Our owne Cares 
 (whofoeuerbe the Moouer^ to flay 
 
 either 
 
11 
 
 either the rt>hole, or part for others^ 
 that deferue mil, though they bee 
 abfent , according tis J^ee Jhall oh' 
 ferue^, that Wee haue heene good 
 vnto fuch a Suitor before, in fomt^ 
 things elfe, or Jhall finde the Suites 
 themfelues to he of fuch Value, as 
 may content more then one. 
 
 f AMe- 
 
A MEMORIAL 
 
 OF THOSE SPE. 
 
 ciall things for which Wee 
 exprejly command that no Suitor 
 prefume to moneys , being mat^ 
 ter s either contrary to Our latpes, 
 or fuch prtncipall Fronts of Our 
 Crowne, andfetled Reuenue, 
 as are fit to he ^wholly reierued^c? 
 Our ownevfe, vntill Eftate 
 
 he repaired. 
 
 ^ Things contrary to Our Lams. 
 
 Onopolies. 
 
 2. Raunts of the 
 
 hene^te of any 
 Tenal L^ttPes, or of power to dif- 
 C pence 
 
pence with the Lav?e , or com- 
 pound for the forfeitur^^ 
 
 ^ %^erucd to Our ome vfc^, 
 
 y O E nts. Lands, and Leafes, 
 in fojjefiion or ^uerfion, 
 not barring the l~enants in foj^ 
 fejlioriyto renew their Eftates,for 
 xxj.yeeres, or three Hues , as hath 
 bene vfed heretofore, 
 
 4 . A L lands entailed vpon the 
 ^ ^Crowne. 
 
 5 . ^ ^Hornes yfmpoftions , and 
 
 Seifures for the fame. 
 
 6. T Icences to fmfort , or 8x^ 
 
 commodities prohi- 
 bited 
 
15 
 
 bited by the La )» , or any lawfull 
 Commodities^ without paying the 
 due QuUome 
 
 y, T) Rofits rifing out of Our 
 ^ Tenures, (lAlienatwns, and 
 Fines Jeuied , or F^ecouenes, either 
 QommonT^coueries, or other. 
 
 8. jp Rofits anfwered vnto Vs, 
 ^ from any of Our5V^fa. 
 
 p. A Sfirts, 2XiiT)€feBiueTi' 
 ties, as things onely fit to 
 be meafured by the rules of Our 
 owne confcience. 
 
 10 . EhtsdiV\iAccomptsvA\Qr' 
 upon there is any Seifure 
 ox StaUement, mi all other Debts 
 
 C ^ and 
 
 G. 
 
 N 
 
i6 
 
 and Accomfts accrued fince.the 
 xxx,yeere of Q^Sli^aheth, 
 
 1 1. 'X’ He Fines of the Starve^ 
 ^ Qhamher. 
 
 12. VJ O newe Fenfions to bee 
 
 ^ ^ granted. 
 
 ^h^uerthelejfeyOUtof the (jene^ 
 ralitie of the Natures abouefaide^ 
 We intend to be excepted the Partin 
 culars expreffed in the Schedule 
 next enfuing^ in vehich We haue con^ 
 temed all the Natures, thatWee^ 
 meane to haue referued for Our 
 Bountie. 
 
 A ME. 
 
A MEMORIAL 
 
 OF THOSE SVITS 
 
 vpherein JVe are contented to bee 
 moued by Our Seruants and Sub^ 
 teUsy and to re'Vpard them accor-^ 
 ding to the particular merit oj the 
 Suitor, 
 
 Ifts of Offices in Our 
 (jiftyto meet and wor^ 
 thy perfons. 
 
 2 , Eeping of arises and 
 , 1 V in Chajes and For' 
 
 r^Hx,and keeping of QaJlleSyForts 
 ox Houfes* 
 
 3 . T7 Orfeitures of Landes and 
 ^ Goods that fhal grow here- 
 C ^ after 
 
i8 
 
 after by Mi^rthers or other Felo- 
 nies, neuerthelefleWee 
 doe ftraightly forbid allperfons 
 whatfoeuer they be, that (halbe 
 Suitors to Vs for any fuch Forfeit 
 tures, if there fhalheany motion 
 made before the Ofindours bee 
 duly conui(fled,that they do not 
 in any fort refort to any ofOur 
 Judges, luftices, learned Coun- 
 cell, or other minifters of lu- 
 ftice 3 nor intermeddle direcftly 
 or indiredlly in the profecution 
 ofthe Qaufe.htforo. the Offendors 
 be duely conuicfted, vpon paine 
 both to bee dilabled to obtaine 
 their Suite or any part thereof, or 
 otherwife to incurre Our if- 
 pleafure for their contempt* in 
 thatbehalfe. 
 
+• P Ardons in Cafes appea- 
 ring vnto Vs by due f/r- 
 tijicate and Commendationy to be fit 
 to receiue Our Mercy. 
 
 5. p Sebeats that fhall growc 
 due for want of Heire^ by 
 ^(^ardie orotherwife. 
 
 T Ands that fhal be hereaf- 
 ^ ter purchafed by (t/fliens, 
 
 7* Enization offuch perjbns 
 
 as fhall be thought fit, 
 
 ✓ 
 
 8. p Orfeitui es of Outlay^ries of 
 fuch as fhall bee hereafter 
 Oudavted after judgement , and 
 ftand fo outiayped by the fpace of 
 fixemoneths, after the Ouilawrie 
 
 rctur- 
 
20 
 
 returned, and likewife of fuch as 
 are outlavped after ludge- 
 
 ment, and (Kali not difchargc 
 fuch outlavprie within fixe mo- 
 neths next after the date hereof 
 with Cautions and Troutjion that 
 the true Creditors (hall bee firfi 
 payd their debts, and that none 
 of Our Subie(fts fhalbe fued by 
 force of fuch (jramt^^ox any debt 
 or other caufe in Our Name, 
 but onely in the name of the 
 Qramtee ^ , and with a Claufe to 
 be conteined in fuch our (jrantSy 
 for fubmitting the fame to Our 
 Court oi Exchequer Soy the miti- 
 gation of the extremitie of the 
 forfeiture, a tenth part of the be- 
 ncfite of fuch outimrie fo mitiga- 
 ted 
 
ted to be referued to Our owne 
 Vfe. 
 
 9. of new inuention, 
 ^ fo they be not contrary to 
 
 the Lai»^ nor miTchieuous to the 
 States, by raifing prices of com^ 
 modities at home,or hurt of trade, 
 or otherwife inconuenient. 
 
 10. T^ Sbts due before the xxx. 
 ^ yeere of ^ Elizabeth, 
 
 whereupon there is no fetfure or 
 fnUallement, 
 
 1 1. A Lfo, whereas in the Sche-» 
 ^ ^dulc-i of things referued 
 
 from iS«/V, We haue made men- 
 tion of (tAJJarts and T>efeBiue Ti- 
 ties, as cafes fit onely to be mea- 
 D fured 
 
fured by Our owne confcience ; 
 Yet We do hereby declare, that 
 e do not vnderftand (|as com^ 
 prehended in that Our rejefua'- 
 tion) Tuch intrujions as haue bene 
 made vponOur^o^^^/ow/ by co- 
 lour of any where 
 
 taile IS fpent , or by colour ofany 
 where the termeh expired, 
 being matter of plaine dijinheri' 
 ybuvntoVs, and that which no 
 StibieU in his owne/Weref? would 
 indure: And therefore We are 
 well pleafed, That Our Sermnts 
 and Subiefls do moue Vs in cafes 
 of thofe mo natures. Prouided 
 alwaies,ihac they do not fal vpon 
 any thofe particular 7/7/e/ which 
 are already made knowen vnto 
 
 Vs, 
 
Vs, into a ^ook^y 
 fined by the hand of the Qhancel^ 
 lour of Our Exchequer , to the 
 view whereof^ as occafion fhall 
 ferue,the/«/V^nTiaybe admitted, 
 to the intent he may thereby fee, 
 there is nocaufe to reward him 
 for difiouerj of that, which is al- 
 ready kno wen ^ neither. alfo that 
 they meddle with any more an- 
 Qxtntfintrufion s yhnt onely fuch, 
 where the fntrufions haue bene 
 made, fince the firll: yeere of 
 // 8. And that the ^«/Vorrfub- 
 mit themfelues to fuch compofiti- 
 on^ as (halbe made by our Qom^ 
 mifiioners. And a tenth part of the 
 benefit of fuch Qornpofition as fhall 
 accrue to bee referued to Our 
 2) z feluef. 
 
felms^znA 0\xrfuccejJours^SLni the 
 parties in pojfeffion, to take a new 
 Tatent , with the former Tenure 
 referued, 
 
 (tA nd hecaufe IVe are 'willmp that 
 thofe moneys i(t>hich doe arife vj the 
 faults of offendoui s , may fome^ 
 times ferue for matter of Bountie, 
 (^toa ys>ell deferuing feruant ^ after 
 they are leuted in a courfe ^lufticc, 
 and moderated by thofe rules of equi- 
 tie and difcretion, tsfith vphich the 
 publique minifters doe temper the 
 feueritie and rigour of the Lawcs, 
 and /ao^purfued (?rprofecuted by 
 priuate men , •ts>ho for the most part 
 care not honp theymolefl^or Jlraine^ 
 t/>e5’ubiect in fuch cafes : Wee doe 
 firU declare, that Wee are pleafed^ 
 
 That 
 
25 
 
 That all fuch moneys as Jhall here 
 after come into Our Exchequer, 
 gromng either vpon forfeitures , or 
 vpon Fines infltlled by any of Our 
 Courts of luftice for notorious 
 crimes,^ Wmifdemeanours (Our 
 Qourt of Star-chamber onely ex^ 
 cepted ) fall he fo diWu(LguiJhed and 
 feuered in the ^tcQ.i^t(yt>ithout be^ 
 in? mingled vpith any other Trea- 
 lure, nor inwtdjorany Uurotr>ne 
 Qccafions ) as IVee may diJlribute^ 
 fuch portion thereof^ as Jhall feeme 
 good vnto Us y vpon any man that 
 meriteth Reward. JVhereinyiL 
 though Wee hpovs) Wee Jhall depart 
 mth many branches of thofe Re- 
 ceipts, ’tohich haue come vnder the 
 Title of ordinary cafuall Reuc- 
 D 3 nue 
 
i6 
 
 nue of the Kings of England; 
 Yet JVee haue thought it more agrees 
 able to Honour luftice , and 
 to the prefidents of the greatest 
 and wiJeE Princes , C afwell Our 
 neighhourSyOs OwrPredeceffoursJ) 
 ytfhen Wee are dtj^ofed to Reward 
 any man out offuch cafualties, to 
 vfe Our (m>ne ludgement for the 
 quantitie , and not to leaue the^ 
 profecution in fuch cafes to pri^ 
 uate meny leU Xi>hen theyfnow the 
 particular nature of that offence 
 fromvphich their fhould he^ 
 
 deriued , they may tal^ feme fuch 
 indired: and violent courfes, (^in 
 refpeU of their o'Xt>ne_j gaine ^ as is 
 farre contrary to that Clemencie, 
 yi^hich Wee haue euer vfedy and in * 
 
 tend 
 
3 
 
 1 
 
 27 
 
 tend to doe to all, Our louing Sub- 
 ied:s ; hamng euer thought itaspro^ 
 per for ^s, ( reJheUing Our King- 
 ly Office) to he the moderatour 
 of the rigour of Our Lawes , as to 
 preferuL^ them from neglecT:, the \ 
 
 one leading to opprefflon of ma^ 
 nyy arid the other to the ouerthro w 
 and diffolution of ^be yfhole^, 
 fn which conf deration al/o, 
 whereas Wee haue heene contented 
 heretofore (" and Jo are Jlill deter-' 
 mined J to heUow vpondiuersipQT^ 
 fons according to their merit fome^ 
 portion^ that ^cntRlwhich the 
 Lawes haue giuen Z)f , vpon the 
 conuidlion o^Recufants. Wee 
 doe frU exprefy fignifie Our great 
 difikp of fuels as out of defire of 
 
 their 
 
 
28 
 
 their cf^ne priuate profit , haueta^ 
 J{en , or jhatt takp vndue^ and ex^ 
 treme courfes againU anj of Our 
 Sublets, ajxrell ^inditing them 
 in places yrhere they haue no refi^ 
 dence, as other^ife ; ndnext^ 
 becaufe W'ee haue bene aljo infor- 
 med, That fome others, to'sphome 
 JVeee haue pajfed fuch Graunts, 
 haue fomuch abufed Our fauours, 
 as to prefume to compound mth 
 diuers ill affeBed, for light fummes, 
 before any Conuiclion , Q vs>herehy 
 the offendours in that hfide haue 
 beene the more bachgtrard to con^ 
 forme themfelue s : rrhich is contra^ 
 ry to the godly ende and purpoje of 
 Our Lawcs , that aymed not at 
 /^^'/Vpumfhmenr, but at their 
 
 formation : 
 
29 
 
 formation : Wee doe herel?j com^ 
 maund, that in all Graunts of lil^e 
 nature hereafter ^ ajpeciall Clauie 
 he inferted , that no Juch Graunts 
 doe inanymfe proceed to Compo- 
 ftion mth any Recufant before a 
 laypfuU Conuicftion. (tAnd fur^- 
 ther , that fuffctent Caution and 
 Securitie begmen, that We bedue^ 
 ly anfpered of a third of thofe For- 
 feitures orCompofitions,, for the 
 better vpholding and continuing of 
 that proportion of Reuenue, 
 vphich We haue heretofore 
 receiued^ 
 
 8 
 
^ Imprinted ar London 
 
 by ‘R^ert Rar^er , Printer 
 
 to the Kings moil; 
 lentMaieitic. 
 
 Anno Dom. i6io^ 
 
 
 •‘I 
 
 Facsimile Reprint, 1897. 
 
NOTE UPON THE BOOK OF BOUNTY. 
 
 ♦ ' 
 
 The Declaration relating to matter of Bounty, published by King 
 James I. in 1610, is probably unique among legal documents. In 
 form a royal proclamation, it comprises a statement of the common 
 law concerning monopolies, to which is owing its present import- 
 ance and for the sake of that statement it has been endorsed by 
 Parliament and in effect incorporated in the Statute of Monopolies. 
 The authenticating enactment runs as follows : — 
 
 Forasmuch as your most excellent majesty in your royal judg- 
 ment, and of your blessed disposition to the weal and quiet of 
 your subjects, did, in the year of our Lord God 1610, publish in 
 print to the whole realm, and to all posterity, that all grants of 
 monopolies, and of the benefit of any penal laws, or of power to 
 dispense with the law, or to compound for the forfeiture, are 
 contrary to your majesty’s laws, which your majesty’s declaration 
 is truly consonant, and agreeable to the ancient and fundamental 
 laws of this your realm : And whereas your majesty was further 
 graciously pleased expressly to command that no suitor should 
 presume to move your majesty for matters of that nature ; yet, 
 nevertheless, upon misinformations and untrue pretences of 
 public good many such grants have been unduly obtained and 
 unlawfully put in execution to the great grievance and incon- 
 venience of your majesty’s subjects, contrary to the laws of this 
 your realm, and contrary to your majesty’s royal and blessed 
 intention, so published as aforesaid : For avoiding whereof and 
 preventing of the like in time to come, may it please your most 
 excellent majesty at the humble suit of the lords spiritual and 
 temporal and the commons in this present Parliament assembled, 
 that it may be declared and enacted, and be it declared and 
 enacted by the authority of this present Parliament, that, &c. 
 
 In accordance with the idea embodied in this preamble, the 
 entire Statute is modelled upon the Declaration, and much of its 
 language is borrowed from that source. But the Declaration itself, 
 so important as it is in the history and exposition of the law, so 
 interesting from every point of view, has most unaccountably been 
 lost to knowledge for upwards of two hundred and fifty years. It 
 was reprinted in 1619 by the order of King James .but probably has 
 never been reproduced in any form since that date. The reference 
 made to it in the Statute of Monopolies is so vague that perhaps 
 it would never have led to its identification at the present date 
 had not the deficiency been supplied by the contemporary testi- 
 mony of Sir Edward Coke. He makes three separate allusions 
 to the document. Two of these are to be found in the Third 
 Institute in the chapters treating of Monopolies (a) and Penal 
 Laws (&) respectively. Both passages are expressed in substantially 
 the same terms, and they state in effect that the Case of Penal 
 Law8[c)QJiA the Case of (d) were principal motives of 
 
 [a) 3 Inst. 182. {h) .3 Inst. 187. {c) 7 Co. Rep. 126. {d) 11 Co. Rep. 84. 
 
Vi 
 
 the king’s book mentioned in the preamble of the Act, and that the 
 book was a great motive of obtaining the Eoyal Assent to the 
 statute. 
 
 The third reference in Coke occurs in his comment appended to 
 the Case of Monopolies {f), where he says, “our Lord the King 
 that now is, in a book which he in zeal to the law and justice 
 commanded to be printed anno 1610, intituled ‘ A declaration of 
 his Majesty’s Pleasure,’ &c., p. 13, has published that monopolies 
 are things against the laws of this realm, and therefore expressly 
 commands that no suitor presume to move him to grant any of 
 them, &c.” 
 
 The reference here to the title and to the contents of page 13 
 affords a complete identification and proves beyond argument that 
 the text now re-published is the same from which Sir E. Coke 
 quoted. 
 
 The circumstances attending the composition and publication of 
 this most interesting document have been sufficiently discussed 
 from the present writer’s point of view elsewhere ( y). By the 
 kindness of Professor Gardiner I am enabled here to add some 
 comments of his contained in a letter upon this subject addressed 
 by him to my friend Mr. A. B. Shaw. 
 
 Sevenoaks, 
 
 October 17, 1896. 
 
 Dear Mr. Shaw, 
 
 I have examined the little book in the Museum 
 Library, and quite understand why it is not included in 
 K. James’s works. It is not a personal production of his 
 own, but an official declaration issued in his name, l^e any 
 other declaration or proclamation. Though it was printed in 
 1610 (^.6., between March 25, 1610, and March 25, 1611), 
 it was drawn up in the end of 1608, and was one of 
 Salisbury’s many attempts to check James’s extravagance. 
 You will find it m various forms amongst the State Papers 
 Domestic XXX VII., 72—76 (Mrs. E. Green’s Calendar, 
 1603—10, p. 467). 
 
 The only interest that attaches itself to the date of publi- 
 cation is to show that it was printed in connection either 
 with the Great Contract or with the break-up of the Parlia- 
 ment. I do not remember any evidence which would fix 
 the date to the month. 
 
 The reference to it in the Statute of Monopolies is delusive. 
 James in his declaration declared monopolies to be iUegal, 
 meaning, I believe, the grant of the right of sole selKng of 
 ordinary products in accordance with the judicial decision in 
 the case of cards. Eurther on James expressly excepts the 
 
 (/) 11 Co. Rep. 88. 
 
 (^) The reference here is to my 
 ' ‘Monopolies by Patents, ’ ’ for which 
 
 book the blocks were prepared from 
 which the present reprint has been 
 executed.-^. W. G. 
 
THE BOOK OF BOUNTY. 
 
 right of sole selling on new inventions. If yonr friend will 
 look at my argument at the beginning of the History of 
 England, Vol. lY., and at a paper of mine in Archaeologia, 
 XLI. 224, he will see that my notion is that the patents 
 which gave offence were based on the view that the goods 
 protected were new inventions or (what came to the same 
 thing) new introductions, but that from motives of public 
 policy the definition was very loosely considered, and made 
 to cover many things which were not fairly covered by 
 either term. 
 
 If your friend disagrees with this view, I shall be only 
 too glad to consider his arguments, and, at all events, he 
 will find in the references and quotations a good deal of 
 information on the subject. 
 
 Believe me. 
 
 Yours sincerely, 
 
 Samuel E. Gaedinee. 
 
 As the result of inquiries made at some of the principal libraries, 
 I have notes of the following surviving copies of the book ; — 
 
 BODLEIAN. 
 
 ^Two copies of each edition. Three of the 
 four copies are in volumes of 17th 
 century pamphlets bound up together 
 in modern times. The fourth was 
 certainly not bound up before 1613. 
 The contents of that volume are 
 various small books — the Declaration 
 coming first and being succeeded by a 
 book on the Art of Jugling. (Com- 
 municated by Mr. E. W. B. Nicholson.) 
 
 BRITISH MUSEUM. 
 
 Edition of 1610. 
 Edition of 1619. 
 
 \ 
 
 Edition of 1610. Two copies bound separately. Catalogued 
 under the heading “ Great Britain and Ireland. — 
 James I., King.” 
 
 The press marks are 115. a. 25, and 709. a. 1. 
 (The edition standing at 115. a. 25, from which 
 the annexed facsimile has been taken, 
 was presented to the Museum by King 
 George III.) 
 
 Edition of 1619. One copy. 
 
 Bound up with several other Proclamations and 
 Pamphlets. Catalogued under the heading ‘ ‘ Great 
 Britain and Ireland. — James I., King.” 
 
 This is the seventh tract in the 1603 — 1627 volume of 
 the “ Burney Collection of Papers, &c.” 
 (Communicated by Mr. W. S. Johnson.) 
 

 
 
 
 THE BOOK OF BOUNTY. 
 
 CAMBRIDGE UNIVERSITY LIBRARY. 
 
 Edition of 1610. A perfect oopy. 
 
 Bound up with, several other proclamations, &c., of 
 contemporary date (1605 — 1613), and all printed 
 by Robert Barker, but having no other apparent 
 connection with the Book of Bounty. It stands 
 No. 3 in the Collection. 
 
 The book comes from Bishop Moore’s Collection and 
 ^ was presented to the Library by King George III. 
 
 (Communicated by Mr. H. Fletcher Moulton.) 
 
 DUBLIN— Trinity College Library. 
 
 Edition of 1610. 
 
 Bound up with several other proclamations and 
 pamphlets by various printers of contemporary 
 date (1607 to 1626), but having no apparent 
 connection with the book. It stands No. 7 in 
 the Collection. ** 
 
 This volume is classed : “ DD.kk. 18, No. 7.’* 
 
 Edition of 1619. 
 
 Bound up with miscellaneous pamphlets. 
 
 No. 2 in the Collection. 
 
 This volume is classed : “ P.U. 24, No. 2.” 
 (Communicated by Mr. Alfred de Burgh.) 
 
 It stands 
 
 EDINBURGH— Advocates’ Library. 
 
 Edition of 1619. 
 
 One of a miscellaneous volume of pamphlets of dates 
 ranging from 1607 to 1626, and having no con- 
 nection with one another. The binding of the 
 volume seems to be early 18th century. 
 
 (Communicated by Mr. J. T. Clark.) 
 
 MIDDLE TEMPLE. 
 
 Edition of 1610. A perfect copy. 
 
 Bound with the collection of “ Miscellaneous Tracts” 
 in the Library, of which it forms No. 4 in vol. 48. 
 
 (Communicated by Mr. J. Hutchinson.) 
 
 The book appears to be a small quarto, but the publishers tell me 
 that it seems from the printer’s signatures upon the pages to have 
 been printed in octavo form and that its present appearance is 
 probably due to cutting down. It is described as a quarto in the 
 British Museum Catalogue.