suspect that she was really bound for the countries
lying beyond the Cape of Good Hope. She was stopped
by the Admiralty, in obedience to an order which the
Company obtained from the Privy Council, doubtless
by the help of the Lord President. Every day
that she lay in the Thames caused a heavy expense
to the owners. The indignation in the City was
great and general. The Company maintained that
from the legality of the monopoly the legality of
the detention necessarily followed. The public
turned the argument round, and, being firmly convinced
that the detention was illegal, drew the inference
that the monopoly must be illegal too. The dispute
was at the height when the Parliament met. Petitions
on both sides were speedily laid on the table of the
Commons; and it was resolved that these petitions
should be taken into consideration by a Committee of
the whole House. The first question on which the
conflicting parties tried their strength was the choice
of a chairman. The enemies of the Old Company
proposed Papillon, once the closest ally and subsequently
the keenest opponent of Child, and carried their point
by a hundred and thirty-eight votes to a hundred and
six. The Committee proceeded to inquire by what
authority the Redbridge had been stopped. One
of her owners, Gilbert Heathcote, a rich merchant
and a stanch Whig, appeared at the bar as a witness.
He was asked whether he would venture to deny that
the ship had really been fitted out for the Indian
trade. “It is no sin that I know of,”
he answered, “to trade with India; and I shall
trade with India till I am restrained by Act of Parliament.”
Papillon reported that in the opinion of the Committee,
the detention of the Redbridge was illegal. The
question was then put, that the House would agree with
the Committee. The friends of the Old Company
ventured on a second division, and were defeated by
a hundred and seventy-one votes to a hundred and twenty-five.496
The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pass without a division.497
This memorable vote settled the most important of the constitutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.