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408
Amendment of the Law of Patents.

(Nov. teen years; at the expiration of which rish unimproved--or, in the hope of period, his walls shall be demolished, assistance, communicates it to some un. his hedges torn up, and his ground scrupulous Mammonist, who perhaps converted into common land”—If (I robs himn of his Invention, and enriches , say) such a clause had been enacted, himself by it, without ever bestowing a would not universal mankind-or, at single shilling on the original author. least, the honest portion of them- In other cases, to avoid the risque of have raised their hands and eyes in such a disappointment, the discoverer astonishment and indignation, and keeps his secret locked up for years in exclaimed, “ Iniquity!" — Yet, how his own bosom, in the fond hope that nearly similar is the treatment inflicted some lucky chance may, at some fuon the Inventors of new and useful ture day, enable him to take out a paarts !

tent: but, that happy day never arrivBut-not to dwell on “odious com- ing, the invention dies with the Inparisons”—However just and humane ventor, and is, together with him, conthe practice of granting exclusive pa- signed to eternal oblivion. tents to the Authors of useful inven Not so in France-not so in Ametions-however powerfully that prac- rica, where the acquisition of a patent tice may have contributed to the im- is placed within the reach of humble provement of arts and manufactures in Industry ;-a wise and humane regu. England - it can hardly be doubted lation, so far as the interests of Genius that the system of patent-righis is are concerned, and the improvement much less favourable to inventive Ge- of arts and manufactures.' But the nius-less productive even to the Trca- Governments of those countries have sury—than it might perhaps easily be either forgotten or foreborne to avail rendered by the adoption of a different themselves (as they fairly and unobplan.

jectionably inight) of an additional By the financial regulations which provision to render even those cheap have so greatly enhanced the price of patent-rights directly and efficiently patents, the benefit is almost exclu- contributive to the national revenue. sively confined to opulent persons; an The following plan appears (to me, effect, which would excite the less re at least) well calculated to accomplish gret, if the inventive faculty, likewise, both objects—the benefit of the Incould, by legislative enacimient, be ex- ventor, and the benefit of the Treaclusively confined to the more wealthy sury-ihe latter in two distinct ways. class. But, since experience confirms Suppose, that, instead of fourieen the truth of the old adage, that “Ne years, the duration of the monopoly cesssity is the mother of Invention,” were, in the first instance, limited to and clearly evinces, that the frugal three; and the price of the patent meals of laborious Poverty are not less made very moderate--for example, a friendly to clearness of conception and single guinea. At the expiration of acuteness of discovery, than the more the three years, let the patentee be at sumptuous banquets, whose fumes too liberty to renew his privilege for an often cloud the intellect of pampered equal period, on paying twenty pounds. Opulence; it may be proper to con- Alter the lapse of his second triennial sider, whether soine provision cannot term, let him again have the power of be made for the indigent Inventor, renewal for one hundred pounds : let without loss to the Exchequer—if with a third renovation cost one hundred an increase of revenue, the more de- and fifty; and let two hundred be the sirable.

purchase of a fourth. · At present, the poor man, who has If such a plan can with propriety made a useful discovery, has little pros- be adopted, a single successful patent pect of ever reaping any advantage will, on the fourth renewal,' have - from it; and, through that circum- yielded to the Treasury a total sum of stance, the publick must often lose the above three hundred and seventy benefit of a valuable Invention; while pounds: poor men will be enabled to the Treasury also may be said to lose bring forward their Inventions, withthose sums which it would otherwise out the risque of being robbed or derive from new branches of manufac- cheated by the persons to whom they ture and commerce.-Unable to pay would otherwise be obliged to resort the very high price of a patent, ihc for pecuniary aid: when their projects Inventor either suffers his idea to pe. are really useful, they will reap from

them

1925.]
Amendment of the Law of Patents.

- 409 them sufficient profits to pay into the tion may go into the Treasury, and the Exchequer those much larger sums, residue be allotted to the disappointed with less danger and inconvenience, projector. But, to prevent undue adthan frequently attend the payment of vantage being taken of a man who may the present rates : and their success be very willing to renew his pateni, will operate as a powerful stimulus, to but (through the want of present perouse the exertions of inventive Ge- cuniary resources) unable to do it in nius; whence, instead of one patent due time, it may be enacted, that, on now enrolled, there will probably then making representation of his case, and be a dozen.

giving bond for the fee (to be paid by Should the Legislature think pro- instalments), he shall be allowed the per to allow an unlimited power of privilege of renewal. renewing the patent-right during the Suppose, however, that three of four life of the Inventor, and (in case of patents should never be renewed, the his death within a stated period) a successful one, pursued to the fourth limited faculty of renovation to his renewal, would more than compensate heirs, they would perhaps do no more the Exchequer for the unsuccessfal tiran what were strictly just and rea three: and, as the patents would then sonable: and, at every such renewal, a be considerably more numerous than new payment might be demanded, at present, the quarter of the aggregate which would produce a further in- number would probably yield to Gocrease of revenue.

vernment a much greater revenue than There are, however, some cases, in it now derives from the whole. which the Exchequer would sustain a I have more to say on the subject, loss-tor (more properly speaking) be but shall, for the present, confine nydisappointed of a gain-by the cheap- self to the suggestion of a provision, ness of the original patent: that is to which, if it do not add much to the say, when men come forward with In- national finances, will, at least prevent ventions void of utility with plans much fraud and extortion, which do not meet the public appro A great portion of the public enterbation, and for which, of course, they tain an erroneous idea, that no patent will not renew their patents. Granted is granted, except upon a thorough -But it is to be hoped that there ex conviction in His Majesty's bosom, - ists not a single member in the admi- that the proposed invention tually nistrative or legislative body, who could possesses superior and unquestionable be capable of regretting that a poor in- merit. But such is not the case; a fatuated projector bas not completed patent being granted, as a thing of the ruin of himself and his family, for course, to any applicant who chooses the sake of adding a paltry sum to the to pay for it; unless, indeed, the Innational treasure.

vention be in itself objectionable. At all events, since a project may Ignorant of this circumstance-and fail in the hands of the original In- conceiving the word “ Patent” to ventor, and yet prove successful in imply and realise the “ Acme of perthose of another person, who enjoys fection—the unwary purchaser is inthe advantages of better connexions, duced to pay exorbitant prices for vamore extensive knowledge of the world, rious articles offere to him under that greater industry and perseverance, more imposing title: and many tradlesmen, favorable locality, and superior re- taking advantage of that disposition, sources in point of wealth and credit ; advertise, as Patent, many a provision might be made for such temptible production, for which no cases, by enacting, that, whenever a patent has ever been obtained. patentee refuses to renew his patent, To prevent such deception-at once any other person shall be authorised to cheating the purchaser, and defraudassume his relinquished right, on giy- ing the Exchequer-a clause might be ing him previous notice of his inten- introduced into the law, ordaining, tion, and paying a sum of money pro- that “ whoever shall sell, or advertise portioned to the real or estimated value or offer for sale, as Patent, any article, of the Invention : or, the privilege for for which a patent has not been actually the reinaining term of years may be obtained, shall forfeit a sum equal to sold to the highest bidder. Of the double the average price of a patent, som accruing in either case, one por- and be forever debarred from the priGENT. MAG. November, 1825.

vilege

con

410
Early History of Padstow.

(Nov vilege of a patent for the contraband in a high state of preservation, from mendacious article in question. the remarkable tenacity of the brass.

[Here it may not be mal à propos to . A building with stone steps and arches observe, that the Mendicity Sociely near the North quay, which has been would render a much more important appropriated as a dwelling-house, may service to the public, by banishing be added to the chapels enumerared Mendacity from behind the compters, by “R.G.A."; and also Cradus, a nonthan by hunting Mendicity froni the nery near Padstow, which was a cell streets. 1

to the monastery of St. Bennet's at Yours, &c. John CAREY. Lanivet. P.S. Of the refusal of a patent, an

The port of Padstow must originally instance has occurred within my own

have been one of the finest floating knowledge.-While the much-lament- harbours in England, but it was irreed Mr. Perceval was Attorney General, coverably injured by the rapid accuan application was made to him formulation of sand in the North-west the grant of a patent, by the inventor coast of Cornwall about the year 1520 of some instrument or machine for (111h Henry VIII). In its present shuffling the cards, and preventing state, however, vessels of from 500 to those tricks which are sometimes prac 600 tons burthen can shelter themtised by gentlemen who play

de the selves in its pier, and with proper cauwhole game.But the patent was re

tion several sail may be moored in perfused, on the ground that it would fect safety within the entrance of the operate as an encouragement to

harbour. The sand, which is of a bright gambling."

yellow colour, is found on examination to be composed of the shelly substances

of the ocean reduced to powder by their Mr.URBAN,

Nov. 10. collision between the waves and rocks; THE The following observations on the and tradition reports ihat the driving

town of Padstow, in Cornwall, began in a deluge of sands so violent are communicated with the view of as in the course of two nights to cover throwing additional light on the early many houses. This is partly confirmhistory of that place, which has already ed by experience, for the remains of appeared in the Gent. Mag. (part í. some habitations, with furniture in

320), although the writer cannot them, have been discovered. The but be conscious that a considerable Cornish Historians thus speak of this portion of this article does not pre- calamitous event, and although immesent that sombre hue of Antiquarian diately referring to some neighbouring research for which your pages are so places, yet their remarks equally apdeservedly appreciated.

ply to the low lands in the parishes of Your Correspondent, “R. G. A.” St. Minever and St. Merrin. Leland very, properly, distinguishes between says in 1540 (Itin. III. 21.): “Most Patrick the Irish saint; and Petrock parle of the how ses in the peninsula" the son of the Cumbrian prince ; yet on which Sc. Ivés stands, “ be sore the want of a proper regard to this oppressid or overcoverid with sandes, circumstance has frequently involved that the stormie windes and rages castour Historians in error and contradic- eth up thar; this calamite hath contion: it is doubtful if the former ever tinuid 'ther little above 20 yeres." And visited Padstow, or even Cornwall; Carew in 1602 (fo. 144), "the light but the life and labours of the latter sand carried up by the wind from the are established on a much firmer ba- sea-shore daily continueth his coversis.-d fresh ebullition of British spi- ing, and marring the land adjoynant, rit called Athelstan to Cornwall nearly so as the distresse of this deluge drave nine years after his victory on the the inhabitants to remove their church borders; and in 981, only 30 years as- as well as their houses.” Norden also ter his visit to Padstow, the Danish of Lelant in 1584 (p. 42), “that of late pirates committed their ravages on the the sande hath buried much of the ihen finurishing monastery. The re- landes and howses, and many devises erection of the Church may be traced they use to prevent the obsorpation of to the Fourteenth Century, and some their churche;' and of Perran (p. 68), parts even to a much earlier period. "the parish is almost drowned with We find a memorial in it to Law- the sea sande, in such sorte as the inrence Merther, vicar, A.D. 1421, in habitantes have been once alredy forced

to

1895.)
Padslow-Prideaux Family.

411 to remove their churche." On thei tion can be found in confirmation of Padstow side, however, the height of these testiinonies, yet they leare fair the cliff has hitherto protected the land room for conjecture respecting the gofrom that invasion, but the accumula- vernment of this ancient town. lation in the opposite direction is im The writer would remark in addi. mense. Some parts of the Welsh coast tion to your Correspondent's short noalso suffered by these ravages; for in tice of the Prideaux family, that althe reign of Philip and Mary com- though the Prideauses of Thuborough missioners, appointed by royal autho- and Soldon possessed property at Padrity, attempted without effeci to with. stow on lease from the Priory of Bodstand their progress in the county of min, to whom the manor belonged as Glamorgan: the statute generally sets early as the reign of Henry VIII., it forth that.“much good ground lying does not appear that they resided there on the sea coasts in sundry places of until the erection of Place, about the this realm is covered with sand rising year 1600 by Nicholas Prideaux, of out of the sea, to the great loss of the Soldon, afterwards Sir Nicholas Priqueen's highness and her lovingsubjects. deaux, knt. * The younger brother of

The pre-eminent prosperity of Pad- this gentleman was created a Baronet stow in the Saxon era

is undis

of Netherton, in Devonshire, in 1628. puted; Harrison tells us "it evidently Of Sir Nicholas's descendants in the had in times past sundry charters of second degree, the elder branch posprivilege from Athelstan.” With sessed Soldon, and ended in an heiress the appearance of the Norman line, who married into the Netherton fahowever, it began gradually to decline, mily: the younger branch was repreand when, in the reign of the third seuted by Edmund Prideaux, of Pad. Edward it furnished and manned two stow, the father of the Dean, and anships for the siege of Calais, pursuant cestor in the third degree of Humto the naval parliament in 1344, it phrey Prideaux, esq. the father of the was, although still a place of import present proprietor of the Prideaux esance, much diminished in consequence. iate. Bacon's Liber Regis enumerates Even after the appearance of its sandy the following presentations to the vibarrier it carried on a flourishing trade carage. Jo. Prideaux, 1685. with Ireland, and was said by Leland Edm. Prideaux, 1720. in 1640 to be engaged in considerable Hump. Prideaux, 1771. exportations of fish and corn; and by To the latter-mentioned gentleman' Carew, 60 years after, to have purchas the celebrated Opie was indebted for ed a corporation. Other authorities early patronage, and the rooms at speak of its being under the controul Place lay claim to an ample share of of a portreerc, assisted by a certain his youthful productions. After prenumber of the respectable inhabitants ; viously exercising his talent in the reand although no traditional informa- spective families of Mr. Rawlings f.

* Lysons erroneously calls the Dean a grandson instead of a great grandson of this gentleman : the same authority also applies the name of Gwarthandrea to Place only, it appears, however, by old title deeds, that the greater part of the land in the immediate vicinity also bears that appellation.

† Unlike the deceiving glare of public duties, the simplicities of private life present little for the biographer to delineate ; yet the influence of the country gentleman may not be less beneficially extended, nor are his exertions for the welfare of his immediate neighbourhood less intrinsically important. Mr. William Rawlings died at Padstow in 1795, at the advanced age of 75 years. He was imbued with a refined taste for the higher branches of literature, and cultivated the intimacy of several gentlemen distinguished for their piety as well as intellectual eminence. His first destination, seconded by early preference, was directed towards holy orders, from which he was deterred by family circumstances. From his youth he accustomed himself to a course of strict mental discipline and self examination: these habits, which so decisively contribute to the formation of the manly character, induced him to adopt as his motto that sententious aphorism of the Athepian philosophers, “ Cognosce teipsum, et disce pati.” A disinterested frieudship with the Earl of Dartmouth led to the constant correspondence which so long subsisted between them, and which exhibits in a peculiar manner the estimable qualities of that amiable peer, who was neither elated by the high trusts which his sovereign reposed in him, nor seduced by the temporizing intrigues of court policy. The influence of royalty, tended to cherish those, sound views of practical devotion, which were certainly instrumental, under the Divine blessing,

412
Opie at Padstou.

[Nov. and the Rev. Mr. Biddulph*, at that that grace which can only be acquired time Vicar of Padstow, the aspiring by an intimate knowledge of the art, artist was introduced to Mr. Prideaux, they are remarkable for their boldness and there is an anecdote related in the of effect, simplicity of composition, short memoir prefixed to his Lectures and inflexible regard to the truth of on Painting, which has reference to Nature; and the writer thinks he may this excursion.--"One of these expe- venture to affirm that his Padstow proditions was to Padstow, whither 'he ductions would not disgrace the high set forward, dressed as usual in a boy's name which he afterwards attained, plain short jacket, and carrying with The town of Padstow is situated in him all proper apparatus for portrait a fertile valley, the eminences around painting. Here, amongst others, he which are clothed with flourishing painted the whole household, even to plantations. The harbour is thus noihe dogs and cats, of the ancient and ticed by the Rev. Mr. Warner, in his respectable family of Prideaux. He Tour through Cornwall in the autumn remained so long absent from home, of 1808.-“The beauty of the Harthat some uneasiness began to arise bour, on the western side of which on his account; but it was dissipated Padstow stands, powerfully arrested by his returning dressed in a band our attention. The tide was at flood, some coat, with very long skirts, laced and filled the whole of a vast and deep ruffles, and silk stockings. On see recess, the mouth of which being coning, his mother, he ran to her, and cealed by the juttings of the land, the taking out of his pocket twenty gui- expanse assumed the appearance of a neas which he had earned by his pen- noble lake. Had not Nature denied it cil, he desired her to keep them ; add- the general accompaniment of wood, ing that in future he should maintain Padstow Harbour would be one of the himself."

most majestic objects in Britain. The . These paintings have the advantage chief curiosity in the immediate neighof his country experience, being exe- bourhood are its rocks, honey-combed cuted about the year 1780, a short into romantic caverns, and resorted to time previous to his departure for Lou- in fine and warm weather for the purdon; and, although perhaps void of poses of pleasure and enjoyment. But

in stimulating the ministers of our national church to the more active performance of their sacred functions. The ardent but rational attachment which Mr. Rawlings ever entertained for that church was made only subservient to his well-tempered zeal in the cause of genuine piety; and his warm-hearted benevolence and judicious advice were unremittingly devoted to the interests of the serious clergy in the West of England. The death of the Rev. Mr. Walker of Truro deprived him of an endeared and highly valued friend, but, though the bond of affection was prematurely severed, it left a permanent impression on his mind, and threw a bright colouring over his future life. It is unnecessary to dwell upon the affectionate constancy which he displayed in the tenderer claims of domestic relationship, or upon the gentle manners and unaffected humility which graced his character. The more public sphere of his usefulness was widely extended by his removal from St. Colomb to Padstow about the middle of the last century, to the prosperity of which latter town he contributed in an eminent degree. By Catherine, the daughter of Mr. Warne of St. CoColumb, he left two sons, Thomas Rawlings, esq. since deceased, and the Rev. William Rawlings the present Vicar of Padstow, to whom his valuable collection of books, selected with great judgment, and enriched with approved editions of the Greek and Latin classics, was bequeathed. Amidst the multiplicity of his engagements, “ Vacare literis" was to Mr. Rawlings an unfailing source of delight, and those will not readily forget him who have witnessed his intelligent countenance beaming with all the kindlier feelings of our nature, in the seclusion of his library, and in the enjoyment of his literary avocations. Tully beautifully remarks (De Senectute III. 25.) “Aptissima omnind sunt arma senectutis, artes exercitationesque virtutum : quæ in omni ætate cultæ, cùm multùm diuque vixeris, mirificos efferunt fructus, ne in extremo quidem tempore ætatis deserunt." This sentiment was remarkably exemplified in the closing scene of this excellent man, when the faith of that holy religion which he professed shed its sacred influence over his soul, and amidst extreme bodily infirmity, purified and elevated the soaring spirit to a nearer and more intimate communion with his God. His piety in life had been an active quickening principle of virtue ; in death therefore it abounded with consolation ; and while friendship and affection mourned their loss, the blessings of the poor and the aftlicted followed him to the grave.

The father of the Rev. T. T. Biddulpha of Bristol.

woe

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