Act, 9 January 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Edinburgh 9th January 17051

D1705/1/52

Act

Act in favours of James Donaldson for ane Manufactory for forgeing etc

Annent the petition given in and presented unto the right Lord High Chancellour and remanent Lords of her majesties most honorable privie Councill by James Donaldson Merchant in Edinburgh Humbly Shewing That their Lordships petitioner having fallen upon ane effectuall way to make machines and Instruments wherby severall pairts of Smithscraft might be much facilitate, Such as forging, boring and beating of Gun Barrells, cutting of files, grinding and polishing of all fire arms, he did make application to their Lordships latly to obtain warrand that no other person within the Kingdome might use the said new invented Instruments, but those who Should obtain leave for that end from their petitioner, Their Lordships therupon did Reccommend it to some of their number, to conferr with the petitioner, and Consider the modell which he Should exhibite, pursuant to which, he Shewed to the Committie the modell of the Engine, for boring and polishing of Gun barrells, and demonstrated the same, so that their Lordships commended the same as ingenious and verie practicable, in the mean tyme the Hammermen of Edinburgh, getting nottice of the said design, did oppose their petitioners obtaining the desyre of his petition alleadging that the same would be highly prejudiciall to their Seall of cause, and other immunities, and as if he designed a Monoplie, through the principall motive inducing their petitioner therunto, was nothing else save the publick good and honour of his Countrey without the least design of prejudice to any person whatsoever, for as he never designed to Sett up within the Toun of Edinburgh, so he never intended to incroach upon the priviledges of the Hammermen therof Neither did ever imagine any person would interpret that to be a Monopoly which the petitioned for, Seeing he demanded nothing that any person enjoyed, and what was in his own power to withhold, if their Lordships think not fitt to give him incouradgment to devulge the same, Yea further it was most obvious, that without a prohibition of others to Sett up the like engines, their petitioner could not Communicat that profitable improvement, because the first essayes of works of this nature, require severall alterations befor they could be made compleat, and if after the work is brought to perfection, any other person may sett up the like at much less charge then the Inventar Should be so farr from reaping any benefite by his Invention, that he Should have much loss therby, even while the Same was profitable to others, What else but such considerations has moved their Lordships as well as the Estates of parliament frequently to grant the like requists to the Inventors or Improvers of engines, and mechanicall Improvments As for instance the Manufactures for Wooll, and Tow Cards, that for guilded leather, the Gun powder Manufacture etc all which are more unfavourable then that required by their petitioner, because these grants respect the Subject of the work, and this only the maner of working which comes nearer to the nature of the Saw-mill at Leith, for which there was likewise a prohibiteing of others to Sett up the like for a certain space, And seeing their petitioner, and the Hammermen of Edinburgh (haveing had severall conferences) are come to a better understanding so that the Hammermen are pleased their petitioner gett his desyre with the restrictions aftermentioned, And therfore Craving to the effect aftermentioned, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by James Donaldsone Merchant in Edinburgh, And the Samen being Read in their presence The Saids Lords Doe heirby allow the petitioner and his pairtners, or those having right from him, To Sett up a Manufactorie for Forgeing, Boring and Beating of Gun Barrells, Cutting of Fyles, Grinding and polishing of all fire arm’s in any place of this Kingdome, except within a Burgh Royall and priviledges of the same, and to make use of the Instruments and Machines for doing therof, or for any other design or end he pleases, Provydeing his using of the samen be no further Incroachment of any rights or priviledges belonging to the Incorporations of Hammermen of the Toun of Edinburgh, or other Burghs then what is particularly abovementioned allenerly, and Grants to the said petitioner and his forsaids the enjoyment of all these priviledges, Immunities Excemptions and Liberties formerly Granted in favours of Manufactories By the Lawes and acts of parliament, or acts and proclamations of Councill made theranent, And Discharges all other persons whatsomever to make use of the forsaids engines or these mechanick Instruments, without the petitioner and his forsaids their warrand and Consent for the space of Nynetein years, from the date heirof, Under the paine of Fyve Hundereth pound Scots to be payed to the petitioner and his forsaids, and forfaulting of the saids Instruments Totities quoties, With power alwayes to the Saids Lords to Discharge the said priviledge Insofarras it excludes all others, And to Extend the Samen to any person they please after the expyreing of Nyne years if they see cause, And Discharges the petitioner or his forsaids to Import any thing of made work into this Kingdome under notion of being done by his Machines and Instruments, Under the pain of Confiscation, of what shall be Imported and the petitioner or his Forsaids Fyned, as the saids Lords of privie Councill shall think fitt.

Edinburgh 9th January 17051

D1705/1/52

Act

Act in favours of James Donaldson for ane Manufactory for forgeing etc

Annent the petition given in and presented unto the right Lord High Chancellour and remanent Lords of her majesties most honorable privie Councill by James Donaldson Merchant in Edinburgh Humbly Shewing That their Lordships petitioner having fallen upon ane effectuall way to make machines and Instruments wherby severall pairts of Smithscraft might be much facilitate, Such as forging, boring and beating of Gun Barrells, cutting of files, grinding and polishing of all fire arms, he did make application to their Lordships latly to obtain warrand that no other person within the Kingdome might use the said new invented Instruments, but those who Should obtain leave for that end from their petitioner, Their Lordships therupon did Reccommend it to some of their number, to conferr with the petitioner, and Consider the modell which he Should exhibite, pursuant to which, he Shewed to the Committie the modell of the Engine, for boring and polishing of Gun barrells, and demonstrated the same, so that their Lordships commended the same as ingenious and verie practicable, in the mean tyme the Hammermen of Edinburgh, getting nottice of the said design, did oppose their petitioners obtaining the desyre of his petition alleadging that the same would be highly prejudiciall to their Seall of cause, and other immunities, and as if he designed a Monoplie, through the principall motive inducing their petitioner therunto, was nothing else save the publick good and honour of his Countrey without the least design of prejudice to any person whatsoever, for as he never designed to Sett up within the Toun of Edinburgh, so he never intended to incroach upon the priviledges of the Hammermen therof Neither did ever imagine any person would interpret that to be a Monopoly which the petitioned for, Seeing he demanded nothing that any person enjoyed, and what was in his own power to withhold, if their Lordships think not fitt to give him incouradgment to devulge the same, Yea further it was most obvious, that without a prohibition of others to Sett up the like engines, their petitioner could not Communicat that profitable improvement, because the first essayes of works of this nature, require severall alterations befor they could be made compleat, and if after the work is brought to perfection, any other person may sett up the like at much less charge then the Inventar Should be so farr from reaping any benefite by his Invention, that he Should have much loss therby, even while the Same was profitable to others, What else but such considerations has moved their Lordships as well as the Estates of parliament frequently to grant the like requists to the Inventors or Improvers of engines, and mechanicall Improvments As for instance the Manufactures for Wooll, and Tow Cards, that for guilded leather, the Gun powder Manufacture etc all which are more unfavourable then that required by their petitioner, because these grants respect the Subject of the work, and this only the maner of working which comes nearer to the nature of the Saw-mill at Leith, for which there was likewise a prohibiteing of others to Sett up the like for a certain space, And seeing their petitioner, and the Hammermen of Edinburgh (haveing had severall conferences) are come to a better understanding so that the Hammermen are pleased their petitioner gett his desyre with the restrictions aftermentioned, And therfore Craving to the effect aftermentioned, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by James Donaldsone Merchant in Edinburgh, And the Samen being Read in their presence The Saids Lords Doe heirby allow the petitioner and his pairtners, or those having right from him, To Sett up a Manufactorie for Forgeing, Boring and Beating of Gun Barrells, Cutting of Fyles, Grinding and polishing of all fire arm’s in any place of this Kingdome, except within a Burgh Royall and priviledges of the same, and to make use of the Instruments and Machines for doing therof, or for any other design or end he pleases, Provydeing his using of the samen be no further Incroachment of any rights or priviledges belonging to the Incorporations of Hammermen of the Toun of Edinburgh, or other Burghs then what is particularly abovementioned allenerly, and Grants to the said petitioner and his forsaids the enjoyment of all these priviledges, Immunities Excemptions and Liberties formerly Granted in favours of Manufactories By the Lawes and acts of parliament, or acts and proclamations of Councill made theranent, And Discharges all other persons whatsomever to make use of the forsaids engines or these mechanick Instruments, without the petitioner and his forsaids their warrand and Consent for the space of Nynetein years, from the date heirof, Under the paine of Fyve Hundereth pound Scots to be payed to the petitioner and his forsaids, and forfaulting of the saids Instruments Totities quoties, With power alwayes to the Saids Lords to Discharge the said priviledge Insofarras it excludes all others, And to Extend the Samen to any person they please after the expyreing of Nyne years if they see cause, And Discharges the petitioner or his forsaids to Import any thing of made work into this Kingdome under notion of being done by his Machines and Instruments, Under the pain of Confiscation, of what shall be Imported and the petitioner or his Forsaids Fyned, as the saids Lords of privie Councill shall think fitt.

1. NRS, PC2/28, 344v. No sederunt recorded.

2. NRS, PC2/28, 344v-345v.

1. NRS, PC2/28, 344v. No sederunt recorded.

2. NRS, PC2/28, 344v-345v.