Procedure, 19 December 1704, Edinburgh

Edinburgh the 30th November 1704

D1704/11/14

D1704/11/14¹

Decreet

Interloquitor upon the petition by Captain Donaldson and the Hammermen in Edinburgh

Anent the petition given in and presented to the Lord president, and the Lords of her Majesties privie Councill by James Donaldson Merchant in Edinburgh, Shewing that wher by the act of security all her majesties protestant subjects of this Kingdome are to be armed, and probably ther may be vast sums of money sent abroad to purchase arms to the Detriment of this nation, wheras the Kingdome may be Served within itself, if incouradgement were granted, The petitioner humbly Represents that he has (after great pains) found out ane effectuall way to make machines, wherby severall parts of the calling and art of smith Craft, particularly with relation to the making of arms may be performed without the Strenth and labour of men, such as blowing with bellowes, boring with run Spindles, beating with hammers, Stricking of files, by help of which machines the making of arms, and other pairts of smithcraft will be much facilitate, and the money (which otherwayes would be exported, to the incouradgement of Foreigners) may be kept within the Kingdom, to the encouradgement of our own tradesmen and universall benefite of the Subjects, especially at Such a juncture when great numers of arms are required, And therfor Craving their Lordships to take the premisses to consideration and allow the petitioner and Such pairtners as Shall joine with him, to set up a manufactorie for making of arms and other things relating to Smithcraft, with the ordinary priviledges allowed to publick manufactories, and to Discharge all others within this Kingdom for the Space of […] years to make use of Such engines or Machines which Shall be made use of by the petitioner and partners that has never hitherto been made use of in this Kingdom under the pain of forfeiting the said instruments or Machins to the petitioner or his assigney’s, and to pay him or them the Sum of […] fine, over the forsaid forfeiture as is customary in the like cases, and if any Difficultie remain with their Lordships anent the operation of the said Machines, The petitioner humbly represents that he has a modell of the same, now in readiness, which Shall be Shown to any of their Lordships number, whom you shall please to appoint to See the same as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by James Donaldson merchant in Edinburgh, and the samen being read in their presence The Saids Lords Doe heirby nominate and appoynt the Earles of Lauderdale Lord Enstruther and the provest of Edinburgh to be a Committy to consider the above petition and matter therin Represented and to report nixt Councill day and Declares any two a quorum ² Lords, And having heard a verball Report made by the Committy appoynted to consider Captain Donaldsons petition they heirby allow the Deacon of the Smiths to see and answer the same next Councill day peremptorie Accordingly the said Deacon of the Smiths Having seen the said petition He returned the samen with the Answers following Viz. That there having been a petition given into the saids Lords By James Donaldson, Representing that Seeing by the act of Security her Majesties Protestant Subjects are to be armed, which may occasion great Soumes of money to be Sent abroad for purchasing of arms to the great loss of the Nation, and that he having discovered ane effectuall way to make machines with relation to the making of armes, which may facilitate the working therof without the Strength and labour of men by blowing bellowes, boreing with run Spindles, beating with hammers Stricking with fyles, and therfore craving the Saids Lords will allow him and Such partners he Shall assume to Sett up manufactories for making of armes and others relating to Smithcraft with all priviledge Competent to Manufactories and to Discharge all others for the Space of […] years to make use of Such machines under the payne of forfaulting the instruments or machines and to pay to him or his assigney’s the Soume of […] of penaltie The Saids Lords having out of their goodness and justice allowed them to see and answer the said petition, They humbly begg leave to Represent primo It was well knowen that James Donaldson never professed any Skill or knowledge, and has had far less experience in Mechanicks particularly their trade, and the designe of the petition Seem’s either to be out of malice and prejudice to their petitioners, or else the proposall of the Machine was but ane engine to inhaune a little money to Supply his necessity Seeing he knowes verie well they are far more capable to provyde both the publict and private persons with good and Sufficient arm’s and so to prevent the export of money for that end then he can pretend to, Secundo They are founded in the poynt of right Seeing by their Soles of cause and other priviledges granted to them by her Majesties Royall predecessors Magistrats and Toun Councill of Edinburgh and ratified in parliament, wherof they had been in the immemoriall uninterrupted possession, They had the sole exercise and priviledge of making and selling of armes within Burgh and the Desire of Such a manufactory or Monopolie was not only encroachment upon, but ane Inhinging of ther Saids rights and priviledges ratified as Said is, Tertio when ever any good artift Countrey man or Forraigner that merits by his Skill and experience to be assumed to their fraternity they never Declyned the Same upon application for that effect But did alwayes give and will give Such persones due encouradgement, So that if any good artist who works other work then their petitioners does (which Mr Donaldsone will not pretend to) were desirous to be Incorporat with them, They would not Declyne to assume him which was all that could be requyred, and answers the Design and end of the petition But Quarto as they are more able and capable to furnish both publict and private armes of all Sorts at reasonable and easie rates, and can make use of machines for that end to better purpose then Mr Donadlsone can pretend to, so they undertake to furnish both publict and private with Such quantities of armes good and sufficient as Shall be Desired at as easie rates as they can be had from abroad wherby the export of money for that end will be prevented, and therfor Craving their Lordships In respect of the premisses to refuse the Desire of the Said James Donaldsons Petition as the said petition bears. The Lords of her Majesties privie Councill having Considered the petition given in to them by James Donaldsone merchant in Edinburgh together with the above petition by way of answers therto by the Incorporation of the hammermen of Edinburgh, and the Samen being read in their presence the Saids Lords doe heirby Recommend to the former Committy appoynted in the said matter, and adds therto the Earle of Leven to endeavour to adjust matters betwixt the saids petitioners as to what is represented in the forsaids petitions and to report and continues the quorum as formerly, Which petition of Captain Donaldsons and answers therto by the Incorporation of the Hammermen being upon the thirtieth of this instant Considered by the saids Lords they have refused and heirby refuses the Desire of Captains Donaldsons petition