[A1661/1/29]*[print] [email] [cite] [preceding] [following]
There being a petition tendered to us by James Wemyss, general of artillery, holding forth that the parliament on 27 March 1648 passed an act in favour of the petitioner empowering him and his assignees for the space of three 19 years to put in practice his invention of making of light ordinance and other engines of war, such as mortar pieces, pittards and the like (some whereof were used at the fight at Gogar, Larbert Bridge and elsewhere), and also to sell them to subjects and to transport and sell them to strangers who are at amity with his majesty; and to administer an oath obliging those to whom he should show these inventions not to reveal the same nor to depart this kingdom, that these secrets might be kept therein; and did prohibit all persons to imitate the making of the said engines during the space aforesaid, under the pain of confiscation and a penalty of [...]. And also holding forth that the said petitioner during his captivity and since has found out several other inventions, some whereof relate to war, whereof he has acquainted his majesty and others to the benefit of this kingdom, by draining mines, coal pits and other things oppressed with water, and making of all sorts of mills, which being put in motion, shall continue without the force of arise†, river, horse, wind or strength of men or until the materials wear down and break, which may be speedily repaired, and which motion may be stopped when need requires and of new made to begin and continue of itself as aforesaid, albeit no living creature is present.
And therefore humbly praying since his former act of parliament is lost through the calamity of the time, and that it cannot be extracted in respect of the loss of the records, that your grace and lords may be pleased to renew the former act to him for making the said cannon and engines of war, according to the tenor thereof, with this addition: that the petitioner may be only empowered for draining all mines, coal pits and others oppressed with water and for making the said mills at what rate he and parties shall agree for the same space, and that no one else shall be licenced to make use of his invention during the said space, without prejudice always to any person to make use of any other engine whatsoever they now know or that hereafter shall come to their knowledge in manner more fully set down in the said supplication.
Which being considered by us, and conceiving such rare spirits and inventions ought to be cherished, we humbly conceive that the aforesaid act for making of the said cannon and engines of war ought to be renewed to the petitioner for the said space of three 19 years from the date hereof, with this addition: that he also be empowered only to drain the said mines and pits and to make the aforesaid mills according to his own secret and inventions; and that all others be debarred from making use thereof for the space of one 19 years, without prejudice to any other person to make use of any other of their own inventions presently come or which shall after come to their knowledge.
Edinburgh, 1 March 1661
The lord commissioner and parliament ratify the first part of the report written within in so far only as concerns the leather guns, and ordain an act to be drawn and extracted hereupon.
[William Cunningham, earl of] Glencairn, chancellor, in the presence of the lords of parliament