MONOPOLIES.

In the High Street of Edinburgh, not many doors further up than the

premises of the publishers of this Journal, there is a curious

memorial of an old and now generally abolished economic grievance. It

is a portrait of a certain Dr Patrick Anderson, a physician of the

reign of Charles I. It is an old portrait, or rather the

representative of an old portrait, since it has necessarily been

repainted from time to time, the atmosphere of Scotland not being

favourable to the preservation of works of art in the open air. It

serves as the sign of an ancient shop, where for generation after

generation has been sold the medicine known as Andersen's Pills. What

renders the portrait and the establishment with which it is connected

so interesting to our present purpose is, that there is still an

existing patent for the making and selling of Andersen's Pills. In

whose hands it may now be, we are not aware; but we know that, ten

years ago, the right of succession to this patent was the subject of a

keenly-contested litigation. The question of course was--who was

entitled to hold it, as representative of the physician of the reign

of Charles I.? The event is suggestive of the effects that would arise

from extending patents and copyrights over a great series of years, or

to perpetuity, as some have considered desirable. If we suppose the

pills to be a very great blessing, is not every human being as well

entitled, in justice and humanity, to have the benefit of them, as

those who are fighting for the succession? What have they ever done to

deserve a monopoly? If there were a perpetual copyright, who at the

present day would be the representatives of Shakspeare or Milton; and

what right would they have to reap great rewards from the riches with

which the illustrious dead desired to endow all mankind? The inventors

and authors themselves, it is true, deserve reward; and they obtain it

in the shape of the limited monopoly. But the indefinite or very long

continuance of this would only levy a tax to enrich those who have

performed no service, and would fill the country with endless

litigation. To return, however, to our special subject.

It may be a new thing to some of our readers, to hear of a patent more

than two hundred years old. The cause of the anomaly is, that this

exclusive privilege was granted before the present patent-law was

extended to Scotland by the Union. Anderson called the pills _Grana

Angelica_. He published an account of their astonishing virtues in a

little Latin essay, which bears date 1635; and as it is believed that

there are not more than three copies of this in existence, it is worth

more than its weight in gold. He did not profess to be the inventor or

discoverer of the medicine, but stated that he had found it in use at

Venice.

Small as was thus the service for which Anderson and his posterity

were endowed with a perpetual monopoly in these pills, it would have

been well for the Stuart dynasty of kings if all monopolies granted by

them had been as well deserved and as innocent. On the matter of

monopolies, our ancestors had a hard struggle, and they acquitted

themselves like men of sagacity and courage. The word monopoly is

derived from the Greek. It means, sole-selling, and expresses itself

at once. It is almost unnecessary at the present day to announce the

law of political economy, that wherever a small number of individuals

acquire the exclusive privilege of selling any commodity, or

undertaking any particular kind of service, the public will be ill

served. The price demanded will be high, and the commodity or the work

will be bad in proportion. Thus much, indeed, of political economy our

ancestors of the reign of King James knew. But it must be admitted,

that they strangely confounded it with a totally different

matter--with that forestalling of which we lately gave an account. The

difference is, that in the one case there is the right to buy and sell

as much of a commodity, or as little of it, as you please; and, in the

other, the right to be the sole seller of the commodity. It is as

great as the difference between freedom and slavery. No man can ever

obtain a monopoly through money, unless it be by underselling all

others; and that is a form in which it need not be grudged. However

wide may be the field occupied by the forestaller, he cannot prevent

others from competing with him, if he sell so dear that they can

undersell him. The effect of an enforced monopoly is to drive

competitors away, and give the monopolist the whole market on his own

terms.

Many governments raise a revenue by granting monopolies. They levy a

large sum from the individuals to whom they concede the privilege of

selling or making certain articles. It need hardly be said, that it is

a very costly revenue, causing much more loss to the people than the

amount it brings to the public purse; but it is a tempting resource,

as it costs no trouble, and does not at least immediately bring the

government to issue with the country. Queen Elizabeth did not overlook

the convenience of this source of revenue. In fact, she pushed the

system of monopolies very far, and nearly endangered the stability of

her power. But she was a very wise ruler, and always stopped short at

the point of endurance. Hallam gives the following animated account of

a parliamentary contest in 1601. When we reflect on the departed

corn-laws, the allusion to bread is certainly curious.

'The grievance of monopolies had gone on continually increasing;

scarce any article was exempt from these oppressive patents. When a

list of them was read over in the House, a member exclaimed: "Is not

bread among the number?" The House seemed amazed. "Nay," said he, "if

no remedy is found for them, bread will be there before the next

parliament." Every tongue seemed now unloosed, each as if emulously

descanting on the injuries of the place he represented. It was vain

for courtiers to withstand this torrent. Raleigh, no small gainer

himself by some monopolies, after making what excuse he could, offered

to give them up. Robert Cecil, the secretary, and Bacon, talked loudly

of the prerogative, and endeavoured at least to persuade the House,

that it would be fitter to proceed by petition to the queen than by a

bill; but it was properly answered, that nothing had been gained by

petitioning in the last parliament. After four days of eager debate,

and more heat than had ever been witnessed, this ferment was suddenly

appeased by one of those well-timed concessions by which skilful

princes spare themselves the mortification of being overcome.

Elizabeth sent down a message, that she would revoke all grants that

should be found injurious by fair trial at law; and Cecil rendered the

somewhat ambiguous generality of this expression more satisfactory by

an assurance, that the existing patents should be repealed, and no

more be granted.'

The speeches of the members are a very favourable specimen of the

parliamentary oratory of Queen Elizabeth's reign, as may be seen from

the following delivered by Mr Martin. He is no philosopher, it will be

observed, in political economy, but speaks from the actual grievances

witnessed by him. 'I speak for a town that grieves and pines--for a

country that groaneth and languisheth under the burden of monstrous

and unconscionable substitutes to the monopolitans [meaning

sub-monopolists, who paid so much for enjoying the monopoly in a

certain district] of starch, tin, fish, cloth, oil, vinegar, salt, and

I know not what--nay, what not? The principal commodities both of my

town and country are engrossed into the hands of those blood-suckers

of the commonwealth. If a body, Mr Speaker, being let blood, be left

still languishing without any remedy, how can the good estate of that

body long remain? Such is the state of my town and country. The

traffic is taken away. The inward and private commodities are taken

away, and dare not be used without the licence of these monopolitans.

If these blood-suckers be still let alone to suck up the best and

principal commodities which the earth hath given us, what shall become

of us from whom the fruits of our own soil and the commodities of our

own labour--which, with the sweat of our brows, even up to the knees

in mire and dirt, we have laboured for--shall be taken by warrant of

supreme authority which the poor subjects dare not gainsay?' Another

member, Sir Andrew Hobby, on the opposite side, started up, and said,

'that betwixt Michaelmas and St Andrews tide, where salt before the

patent was wont to be sold for 16d. a bushel, it is now sold for 14d.

or 15d. a bushel.'[4]

The Stuart monarchs were not, as the world too well knows, so wise as

Queen Elizabeth. King James found the granting of monopolies a very

convenient way of making a revenue. It saved him from coming in

contact with a discontented parliament; and whatever heartburnings it

might create, did not immediately affect his own royal comfort.

Accordingly, he granted a number of monopolies both of necessaries and

luxuries. This created a system of the grossest oppression; since the

great monopolists not only made as much as they could at the expense

of the people, but sold portions of their monopolies to grasping,

rapacious underlings, who conveyed the grievance into every corner of

the land. These people became a hated and oppressive class, like the

farmers of the revenue in France. According to a well-known anecdote,

Voltaire, when in a company, each member of which had to tell some

tragic story, was called upon in his turn. He said: 'There was once a

farmer-general--you know the rest!' The same might have been said of

the monopolists in the time of King James. One of them, indeed, has

become in a manner illustrious in literature, by standing for the

character of Sir Giles Overreach in the play of _A New Way to Pay Old

Debts_. His prototype was Sir Giles Mompesson, a person whose

oppressions created so much indignation, that parliament at last

resolved to impeach him. In the proceedings, it was stated that Sir

Giles, for the purpose of effectually carrying out his patent of

monopoly, held the power of imprisoning those who infringed it,

without judicial authority or the privilege of trial; and that he thus

had many persons in private prisons--a proceeding ever justly odious

in England, and contrary to the spirit of the constitution.

One of Sir Giles's monopolies related to the licensing of inns and the

selling of horse-provender. Strangely enough, however, that monopoly

which created the chief indignation was for the preparation and sale

of gold and silver lace. He 'sophisticated' it, as the parliamentary

documents call it--that is, he used base metal instead of bullion. One

could imagine such a monopoly existing without the people being

greatly oppressed by it. But gold and silver lace was much used by the

aristocracy, and it seems probable that the indignation of parliament

was considerably excited by feelings of a somewhat personal character.

It is well known, that the person who chiefly supported these

monopolies, and had the largest share of advantage from them, was the

infamous favourite, the Duke of Buckingham. Instead of standing by his

accomplice, however, he no sooner saw the wrath of parliament

seriously and dangerously roused, than he gave up the monopolist as a

victim. King James, too, who had bullied and insulted all who

complained, seeing that parliament was in a truly formidable humour,

went sneaking there, and boasted of having done his best to apprehend

Sir Giles. 'For I do assure you,' he said, 'in the heart of an honest

man, and on the faith of a Christian king, which both ye and all the

world know me to be, had these things been complained of to me before

the parliament, I would have done the office of a just king, and out

of parliament have punished them as severely, and peradventure more,

than ye now intend to do. But now that they are discovered to me in

parliament, I shall be as ready in this way as I should have been in

the other. For, I confess, I am ashamed--these things proving so as

they are generally reported to be--that it was not my good-fortune to

be the only author of the reformation and punishment of them, by some

ordinary course of justice.'

Parliament, however, wisely kept the matter in its own hands, and

immediately passed one of the most remarkable laws in the

statute-book. This was no other than the act of 1623, establishing our

system of patents for inventions. The original and main object of this

act, was to take from the crown the power of granting monopolies. An

exception was introduced, which is supposed to be owing to the

enlightened foresight of Bacon, authorising the crown to grant for a

limited period monopolies to inventors.

This law did not extend to Scotland until the Union; and hence it is,

that in the High Street we have at this day in existence a patent of

the reign of Charles I.

Chambers's Edinburgh Journal, No. 440 Volume 17, New Series, June 5, 1852 · 第 8 / 15 题