>>> Item number 745, dated 94/08/09 17:51:36 -- ALL
Date: Tue, 9 Aug 1994 17:51:36 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Definition of Monopoly (fwd)
Date: Tue, 9 Aug 1994 14:02:29 -0600
From: Sharon Michalove, Moderator, H-Albion <mlove@ux1.cso.uiuc.edu>
To: Multiple recipients of list H-ALBION <H-ALBION@UICVM.UIC.EDU>
Subject: Definition of Monopoly
----------------------------Original message---------------------------- Date: Tue, 09 Aug 94 14:44:31 EDT From: "Elizabeth M. Nuxoll" <EMNQC@cunyvm.bitnet>
I am trying to identify the source of the following quote used by James
Wilson in 1784 during banking debates.
"A Monopoly is an Allowance by theKing by his grant, Commission or
otherwise to any Person &c whereby any Person &c is sought to be restrained of
any Freedom or Liberty which he had before; or hindered in his lawful Trade."
The source given looks like it is abbreviated as 3 Ins. 181, but Wilson's writing is too unclear for me to be sure.
The other sources Wilson uses are economic writings:Smith, Stueart, Postlethwayt, Campbell, Anderson etc. but it is possible this source could also be a legal work.
Does anyone recognize this?
Elizabeth M. Nuxoll
The Papers of Robert Morris
>>> Item number 747, dated 94/08/10 10:33:11 -- ALL
Date: Wed, 10 Aug 1994 10:33:11 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Re: Definition of Monopoly (fwd)
The reference is presumably to Coke's Institutes, vol. 3.
David Millon
School of Law
Washington and Lee University
Lexington Virginia 24450
phone: 703-463-8993 fax: 703-463-8488
internet: dkm@wlu.edu
>>> Item number 748, dated 94/08/10 10:33:49 -- ALL
Date: Wed, 10 Aug 1994 10:33:49 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Re: Definition of Monopoly (fwd)
The reference "3 INST. 181 is to volume three of the INSTITUTES of Chief Justice Sir Edward Coke (1552-1634). Blackstone gives the same citation in his discussion of monopolies in volume IV of his COMMENTARIES (published 1769). I suspect that Blackstone was your man's source for the citation.
Michael Landon
<hslandon@vm.cc.olemiss.edu>
>>> Item number 749, dated 94/08/10 15:13:44 -- ALL
Date: Wed, 10 Aug 1994 15:13:44 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Re: Definition of Monopoly (fwd)
> I am trying to identify the source of the following quote used by James
> Wilson in 1784 during banking debates.
> "A Monopoly is an Allowance by theKing by his grant, Commission or
> otherwise to any Person &c whereby any Person &c is sought to be restrained of
> any Freedom or Liberty which he had before; or hindered in his lawful Trade."
>
> The source given looks like it is abbreviated as 3 Ins. 181, but Wilson's
> writing is too unclear for me to be sure.
>
> The other sources Wilson uses are economic writings:Smith, Stueart,
> Postlethwayt, Campbell, Anderson etc. but it is possible this source could
> also be a legal work.
>
> Does anyone recognize this?
>
> Elizabeth M. Nuxoll
> The Papers of Robert Morris
>
You might try the third part of Sir Edward Coke's Institutes of English
law, at that page; this looks like the cite for it.
Joe Luttrell