Abbildungen der Seite
PDF
EPUB

MANSELL'S GLASS PATENT.

(EXCEPTED IN THE STATUTE OF MONOPOLIFS.)

Letters Patent 22 May, 21 Jac. I. to Sir Robert Mansell.

hereno:

s in let

of timbe

nber, and

James, &c., to all, &c., Whereas in and by our letters patent, sealed with our great seal of England, bearing date at Westminster, the nineteenth day of January, in the twelfth Recitals. year of our reign of England, France, and Ireland, and of Scot

Loters patent, 12 land the eight-and-fortieth, it is (amongst other things) men- Jac. 1. it is men

ils sont tioned that in tioned, that we, taking into our consideration the daily waste

consideration of and decay of timber and wood within our realm of England and the consumption Wales, and the dominions of the same, insomuch and where of thentofore this our kingdom was furnished and adorned with goodly quantities of the same, not only for the navies and inhabitants thereof for their continual use and comfort, and for store and provision against all occasions and accidents, but also to serve and supply foreign parts with the same in great plenty, and that then of late contrariwise the continual consumption of the same, and that many times in superfluous and unnecessary things, did both increase intolerably the rates and prices of timber, wood, and fuel, in an excessive and unreasonable manner, and also threaten an utter want and scarcity thereof, of the scarcity so much that then our subjects of this kingdom of late years of wood for nehad been forced to use timber, firewood, and fuel, brought from if convenient re

cessarypurposes, foreign parts, whereby great damage in time to come would medy, were not

provided; grow to our realm and subjects of this kingdom, for want of necessary provision, as well for making and preparing of ships (being the principal defence of this our kingdom), as also for convenient buildings and firewood in all places, if convenient remedy according to the good policy of state were not in time provided, and that we were therefore moved, out of our especial care of the future good of this our kingdom, not only to make in or provision for the preservation and increase of timber and wood wood should be

. preserved, and by good laws and ordinances, but also to embrace all profitable de and beneficial devices, projects, and inventions, that might tend inventions tend

n ing thereto ento the furthering thereof; so that perceiving glass works and Co working of glasses with timber and wood to be one of the because glass greatest and thiefest means to consume and destroy timber and great thief of wood, whereas, theretofore, we had given and granted license wood, license

was granted to unto Sir Jerome Bowes, Knight, within our realms of England Bowes for make and Ireland, to use the art and feat of making drinking glasses, hostesse prahia and other glasses, for a certain time and term in the said recited bited;

order

that

devic

and

vs Sass Work and couraged ; and

letters patent expressed, and thereby had prohibited all others to make the said glasses, upon express proviso and condition that we, our heirs and successors, might frustrate, determine,

and make void, the said recited letters patent of license, in And afterwards such case as in the same letters patent is expressed; and that

was afterwards, by our letters patent under the great seal of granted to others after the England, we did also give and grant the like license to make expiration of the preceding 21" drinking glasses, and other glasses, unto Sir Percival Hart, years;

Knight, and Edward Fawcett, Esquire, from the expiration or determination of the said Sir Jerome Bowes his patent, for and during the term and space of one-and-twenty years thence next

ensuing; and that also by the like letters patent, under our And license was great seal of England, we did grant license unto Edward Salalso granted to Salter, for mak-lel, Ds

or malo ter, Esquire, to use the art of making all manner of drinking ing all glasses glasses, and other glasses, and glass works, not prohibited by not prohibited ding the former letters patent; as by the said several letters pa

tent appeared: And it is also in and by our said letters pa

tent, bearing date the said nineteenth day of January, in the And it was men, said twelfth year of our reign of England, mentioned, that we, tioned in the said letters patent then lately having certain notice or perfect knowledge that the that the licences said several recited letters patent of licenses were grown very had become prejudicial, there hurtful and prejudicial unto this our realm; there being then being presented lately presented unto us by Thomas Percivall, Esquire, a proa project of a new invention ject of new invention, for the making of all manner of glasses

making glass with pit coal, and other fuel, not being timber or wood, which with pit coal and other fuel we had then been slow to believe, until at the great charge of

ver; the said Thomas Percivall the same was brought to perfection,

as plainly appeared by manifest and demonstrative experience, in and by the several furnaces then lately erected and built by

the said first inventor Thomas Percivall and his partners : And also that And it is further mentioned in and by the said letters patent, the privileges bearing date the said nineteenth day of January, forasmuch as hurtful, the said the use and exercise of the liberty and authority by the said letters patent three former recited letters patent mentioned to be granted were void in law and to be over- were grown hurtful and prejudicial to the common weal, and

the prejudice of them was likely daily to increase, unless some and that the provision thereof were made, whereupon the said letters patent crown would

were become void in law, and to be overthrown by ordinary their defence; course of law, in such cases used, we did by the same letters

patent, bearing date the nineteenth day of January, express and declare that we did not purpose to take upon us the defence or protection of any the said letters patent, or of any thing in any of them mentioned to be granted, and that course should from time to time be had and used against all persons that should take upon them to use or exercise any power, privilege, or liberty, by pretext or colour of any of the said letters patent,

as our laws in such case should permit and require; with this, And that for the that, for the preservation of wood and timber, we did purpose

for

besides timbe

having become

thrown

not undertake

taken to

strain

vas

to take such course for the general restraint of our people from preservation of

the wood, some the making of glass with wood or timber as should be agreeable course would be to the good of our people, and the state of the commonwealth: tak

"' its use in makAnd it is also mentioned in and by our said letters patent, ing glass, and bearing date the said nineteenth day of January, in the said tha

granted to divers twelfth year of our reign of England, that we (for the conside- persons to use rations therein expressed) did give and grant unto our right to

u grant unto our right tery of making trusty and right well-beloved cousin Philip, Earl of Montgomery, glass of any me

tal with sea coal and to our right trusty and right well-beloved cousin, Thomas or any other Viscount Andover, by the name of our trusty and well-beloved fuel, not being

wood, for twensubject and servant Sir Thomas Howard, Knight, and to our ty-one years. trusty and well-beloved subjects and servants Sir Robert Mansell, Knight, Sir Edward Zouch, Knight, Sir Thomas Tracy, Knight, Thomas Hayes, Esquire, Bevis Theloall, Thomas Percivall, and Robert Kellaway, their deputies and assigns, full and free license, power, privilege, and authority, that they, and every of them, and every of their executors, administrators, assigns, deputies, servants, workmen, factors, and agents, should and might, from time to time, and at all times thereafter, during the term and space of one-and-twenty years next and immediately ensuing the date of the said letters patent, at their and every of their wills and pleasures, use, exercise, practise, set up, and put in use, the art, mystery and feat, of melting and making of all manner of drinking glasses, broad glasses, window glasses, looking glasses, and all other kind of glass, glasses, bugles, bottles, vials, or vessels whatsoever made of glass, of any fashion, stuff, matter, or metal whatsoever, thentofore used, and thenafter to be devised or used, in this our realm of England and Wales, and the dominions thereof, or elsewhere, with sea coal, pit coal, or any other fuel whatsoever, not being timber or wood, nor made of timber or wood, in and throughout this our realm of England and Wales and the dominions thereof, and within every or any part of the same elsewhere within any of our kingdoms and dominions, yielding and paying therefore Yielding10001. yearly, during the said term and time of one-and-twenty years, per annum. unto us, our heirs and successors, the annual or yearly rent, farm, or sum, of one thousand pounds of lawful money of Eng- And also that no land: And it is also mentioned in our letters patent, bearing oth

letters patent begrino others than the

ing said persons date the said nineteenth day of January, that we did thereby should, during grant, that no person or persons whatsoever, other than the me

ner than the import any glass said Philip Earl of Montgomery, Sir Thomas Howard, Sir Ro-into the realm. bert Mansell, Sir Edward Zouch, Sir Thomas Tracy, Thomas Hayes, Bevis Theloall, Thomas Percivall, and Robert Kellaway, their executors, administrators, deputies, assigns, agents, factors and servants, should at any time thereafter, during the said term of one-and-twenty years, import or bring into our said realm of England and Wales, or the dominions thereof, or to any part or parcel thereof, out of or from any realm or foreign

son th ereof

at mo

part, any manner or kind of glass or glasses whatsoever, before in the said letters patent mentioned, of what metal, stuff, or fashion soever they, nor directly or indirectly buy or contract for any kind or sort of glass made beyond the sea, or in any place out of this realm of England, Wales, or the dominions thereof, nor sell or utter any such; as by the said letters patent,

amongst divers grants, powers, privileges, and other things And whereas the therein contained, more at large appeareth: Now forasmuch as said Mansell, by the said Sir Robert Mansell, by agreement and contract with contract with the other paten- the rest of the said patentees taking upon himself the exercise tees, having fa- and execution of the said letters patent of privilege, was ken on himself the said rent and charged and burthened with the payment, not only of the said payments tooted yearly rent of one thousand pounds, but with sundry other in the said pri- great yearly payments unto divers others that were interested

4- in the said patent privilege, all which payments did amount could not sell unto in the whole the sum of two thousand and eight hundred derate prices;

10 pounds by the year at the least, and in respect thereof could not

Po and all importa- utter and sell the glasses made by virtue of the said patent of tion of glass

by privilege for such moderate prices as was fitting for our subother dominions jects; and in respect thereof, and because all importation of of this realm or of any foreign“ glass, made as well in any other of our own dominions as in the prince being dominions of any foreign princes or states, was by the said prohibited, the said letters pa- letters patent of privilege prohibited and restrained, the said tent were be letters patent of privilege, bearing date the said nineteenth day come hurtful and complained of January, did grow hurtful and prejudicial to the common

parliament weal, and accordingly the same were complained of in the last as a grievance, and in respect convention of Parliament as a grievance, so as the said letters of the prejudice patent, bearing date the said nineteenth day of January, in void in law. respect of the prejudice thereby accruing to the commonwealth,

are become void in law, and to be overthrown by the ordinary 'That the crown course of law in such cases used : Know ye, that we, taking the will not take up premises into our gracious and princely consideration, do hereby the defence of the said letters declare, that, insomuch as the said letters patent, bearing date patent, but the said nineteenth day of January, and other the letters leave any persons claiming patent before-mentioned and recited, did become prejudicial privileges under to the public, and the execution of them grievous to our them to be dealt with by loving subjects, that we will not hereafter take upon us the

defence or protection of any the said letters patent, or of any thing in any of them mentioned to be granted, and that such course shall and may from time to time be had and used against all persons that shall hereafter take upon them to use or exercise any power, privilege, or liberty, by pretext or colour of any of the said letters patent, as our laws in such case shall permit or require. And yet nevertheless, upon deliberate advice with the Lords and others of our Privy Council, and at the humble petition of the said Sir Robert Mansell, setting forth that the making of glass of all kinds within this kingdom with sea coal and pit coal was brought to a full and

[ocr errors]

I the

The ping been

een to per

mer

han that made

and with those made

bim

da

exact perfection, for the use and good of our kingdom, with the And in consiexpense of his whole fortunes, upon due consideration of the e

une making of glass many and faithful services of the said Sir Robert Mansell, and by pit coal finding by the petitions and certificates of the glass sellers, ha looking-glass makers, glaziers, and spectacle makers, in and near fection at the our City of London, made and certified, some of them to the passion Commons in the last convention of Parliament, and the rest unto the Lords Commissioners by us appointed, to take consideration of the business of glass works, that the glass made by the said Sir Robert Mansell was perfectly good, clear, and merchantable, or rather better glass than formerly was made and the glass with wood, and that there was sufficient store made not only to be

"y w chantable, or serve England, but also to serve other countries if need were, rather better we are pleased and resolved, and do hold it most requisite and in

la with wood, necessary for the good and benefit of this realm, that the making of glass with sea coal and pit coal be continued, and that all making of glass with wood for ever hereafter shall cease, and the privilege for sole making thereof with sea coal and pit coal shall be renewed to the said Sir Robert Mansell, not only as a token of our grace and favour towards him by his many and well- The grant to be deserving services, but as a recompense for the great charge and renewed

as a recompense expense, which, for upholding and bringing of that work to full for his great perfection, he hath disbursed, to the weakening of his estate, costs

mages, but with but yet without any restraint of the importation of foreign glass, out any restraint and without burthen, of rent or otherwise, which might occasion on

"tation of foreign the enhancing of prices to our subjects, whereby all just griev- glass, and withance shall be taken away, by our own loss of the annual rent, per which upon the said former letters patent was reserved unto us: Know ye further, that we, as well for and in consideration Granting part. of the good and faithful service done unto us by the said Sir Robert Mansell, our Vice Admiral of England, as also of the great pains, charges, hazards, disbursements, and expense of great sums of money and other detriments, which the said Sir Robert Mansell hath undergone and been at, in and about the said work of making glass with sea coal, and for other good causes and considerations us hereunto moving, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents for us, our heirs and successors, do give and grant, unto the said Sir Robert Mansell, his executors, administrators and assigns, full and free liberty, license, power, and authority, that he, the said Sir Robert Mansell, his executors, administrators, assigns, deputies, servants, workmen, factors, and agents, shall and may, from time to time, and at all times hereafter, during the term of years hereafter in these presents mentioned, at his and their and every of their wills and To use, exerpleasures, use, exercise, practise, set up, and put in use, the art, cise, practise

set up, and put feat, and mystery, of melting and making of all manner of drink- in use, the art, ing glasses, broad glasses, window glasses, looking glasses, and feat, and m

bor.

rent.

« ZurückWeiter »