Act anent the sole making of pomps

Oure soverane lord and estaittis presentlie convenit, understanding that Gawin Smyth, Inglisman, and James Achesoun, his hienes goldsmyth, has bestowit thair haill age bigane in the studie of guid and proffitable sciences, and that thairby haif attenit to the knawledge of ane artificiall ingyne in making of pompis for raising and forceing of wateris in greit abundance furth of mynes, coilheuchis, quarrellis, dround groundis and utheris after diverse maneris as rak pompis lyke to the cran of ane croce bow, grave pompis with flatis and heinyies or girthis maid of cordis, wod, horne or mettall, alsua counterpaces or sweipis for lifting of watteris be the force and laubour of menis handis at tymes necessair and convenient, quhilkis ingynis sall ather gang with wind, water, horse or men for the drawing up of the water in greit quantitie furth of mynes, coilheughis, quarrellis and uther deip grundis, quhairby not onlie the watter of gangand coilheuchis, mynis or quarrellis may be teimit and maid dry, bot also ane greit part of the dround and perischit mynes, coilheuchis and quarrellis within this realme may be recoverit and wyn agane, to the greit commoditie alsueill of the awneris as of the commoun weill of this realme in all tyme cuming; quhilk ingyne heirtofoir has never bene usit within this realme. And becaus his majestie and estaittis foirsaidis acknawledgis the publiceris of sic artifices as tendeth baith for the publict and private wealth of the cuntrie, thairfoir, and to geve occasioun to utheris to employ thair studies and travellis in the lyke and proffitable sciences for the furtherance of the commounwealth heirefter, his majestie and estaittis foirsaidis gevis, grantis and committis to the saidis Gavin Smyth and James Achesoun and thair deputtis the gift, use and onlie priviledge to mak, use, erect and exerce the foirnamit instrumentis and devyses during the space of tuentie ane yeiris nixt efter the day and dait heirof, with poware to thame and thair deputtis to do the samyn as occasioun is offerit in quhatsumever part or place within this realme, and to uptak and ressave sic proffites and commodities as thaj may haif thairfoir to thair awin behuif and utilitie. Inhibiting and dischargeing be thir presentis all and quhatsumever personis to mak, erect, use or exerce ony of the fornamit instrumentis or devyses to the effect abonewrittin during the space foirsaid, except onlie the saidis Gavin and James and thair deputtis haiffand speciall licence grantit to thame thairto in writ. And incais ony uther persone incontrair the tennour heirof sall pretend heirefter to mak, erect or use ony of the saidis instrumentis or devyses, in that cais his majestie, with advyse foirsaid of his saidis estaitis presentlie convenit, will and grantis and for his hienes and his successouris decernis and ordanis that quhatsumevir sic persone, awner of the grund, sall content and pay the soume of tua thousand pundis money of this realme yeirlie sa lang as ony mettallis, coillis or stanis salbe win in thair mynes, coilheuchis or quarrellis quhair the saidis instrumentis salbe erectit contrair the tennour of thir presentis, the ane half thairof to be payit to his majestie and the uther half to the saidis Gawin and James equalie betuix thame as ane soume presentlie liquidat and decernit be his majestie and estaittis foirsaidis for the damnage, skaith and injurie that salbe done to the saidis Gawin and James thairthrow. And siclike commanding and chargeing all and sindrie his hienes lieges that nane of thame mak ony molestatioun or truble to the saidis Gawin and James or thair foirsaidis making, using or exerceing ony of the fornemmit instrumentis during the space foirsaid under all hiest pane and charge that thairefter may follow, requyring also the lordis of chekker and sessioun to grant lettres for publicatioun of the premises and inhibiting of all maner of personis as is befoir specifit. And his majestie faithfullie promittis in the inviolable word of a prince that thir presentis salbe deulie ratifiet in the nixt parliament with all solempnities requisite.

  1. NAS, PA8/1, f.15r-16r. Back
  2. There follows an act of the privy council of the same date. Back