charcoal; a work not for DUDLEY'S PATENT. (EXCEPTED IN THE STATUTE OF MONOPOLIES.) Letters Patent, 22nd February, 19 Jac. I. A. D. 1622, to Recital of the James, &c., to, &c. Whereas our right trusty and well-beloved useful inven rewarded. invention for mystery, art, way, and means, of melting of iron ore, and of making the same into cast works or bars, with sea coals or pit coals in furnaces, with bellows; and also to make, erect, and set up, in any place or places, within the said realm and dominion, or either of them, any furnace or furnaces, engine or engines whatsoever, concerning the said mystery, way, art, and means, of sell the same. melting of iron ore with sea coals or pit coals, and of making the same into cast works or bars, as aforesaid, and the same iron so cast and made to utter and sell in gross or by retail, And to utter and or otherwise to do away, at his and their free will and pleasure, and to his and their best commodity and profit. And further, Prohibitory part to the end this our pleasure may be the better effected, and that the said Lord Dudley, his executors, administrators, and assigns, may the more fully enjoy the benefit of this our grant, we will, and for us our heirs and successors do straitly charge, inhibit and command, and do also of our more especial grace, certain knowledge, and mere motion, for us our heirs and successors, grant to the said Edward Lord Dudley, his executors, administrators and assigns, that no person or persons whatsoever, born within any our realms and dominions, nor any other person or persons, either denizens or strangers born in any foreign realm or country whatsoever, of what estate, degree, or condition he or they be, or shall be, other than the said Edward Lord Dudley, his executors, administrators, and assigns, or such as shall be by him or them set on work or authorized, shall or may at All others proany time or times during the said term of fourteen years hereby practising or granted or mentioned, or intended to be granted, practise, exer- using the said cise, or put in use, or in any way counterfeit, the said mystery, art, way, or means, of melting of iron ore, and of making the same into cast works or bars with sea coals in furnaces with bellows, or any furnace or furnaces, engine or engines concerning the same, within this our realm of England, or the dominion of Wales, or any place or places in them or either of them, upon pain of forfeiture to us, our heirs and successors, of the ore and iron so to be melted or made contrary to the true intent and meaning of these presents, and to have the said fur- Furnaces of innaces, engines, and devices, utterly pulled down and defaced; and fringers to be also upon pain of our high indignation and displeasure, and such further penalties, punishments, and imprisonments, as by any laws or statutes of this our realm can or may be inflicted or imposed upon the offenders, for their disobedience in contemning our royal command. hibited from invention. demolished. Provided always, and our will and pleasure is, that this our This grant not present grant and privilege, or anything therein contained, shall to prejudice any in force. (h) not in any wise extend or be construed to extend to the prejudice of any other person or persons concerning any other grant (g) With a constable to enter places where infringement is suspected.-In case of resistance, Court of Exchequer to punish offenders.-All mayors, &c. to assist patentees in the enjoyment of their right. (h) At common law former grants were avoided by subsequent letters patent for the same thing; there had been several previous patents for the manufacture of iron with pit coal, some of which had been surrendered, post 16, n.; these are not recited in the present grant, as in the smalt and glass patents, in conformity it would appear with the statute, 6 H. 8. c. 15. This proviso would probably obviate all objections to Dudley's grant under that statute, as well as save any prior patents still in force. A proviso to the same effect is contained in letters patent as at present granted. Law and Practice, Pr. F. XIII. n. m. Proviso for avoiding the grant if inconvenient. or privilege heretofore made by us, or any of our progenitors or predecessors, kings or queens of England, now in force, for melting of iron ore or making of iron or any iron works; provided also, that if it shall appear unto us, our heirs or successors, or the privy council of us, our heirs or successors, at any time hereafter, that this our present grant and privilege is or shall be inconvenient to the commonwealth, that then upon signification of the pleasure of us, our heirs or successors, under our or their sign manual, signet or privy seal, or upon signification under the hands of any six or more of the privy council of us, our heirs or successors for the time being, these presents, and every grant, clause, article, and thing, therein contained, shall cease, determine, and be utterly void and of none effect, any thing before in these presents contained to the contrary notwithstanding, although express mention, &c. In witness, &c. The history of the manufacture of iron with pit coal may be briefly traced. In 1612, Simon Sturtevant had a patent for thirty years, for the exclusive manufacture of iron with pit coal, in all its branches; and he was bound in return to publish an account of his discoveries, which afterwards appeared in his “ Metallica;" but failing in the execution of his discoveries on a large scale, in the next year he surrendered his letters patent. Soon afterwards John Rovenson had a patent on the terms of publishing an account, which he did, A. D. 1613, in his Metallica; he also failing, surrendered his patent. Several other persons had patents, but failing, were compelled to surrender them. In 1622, Lord Dudley had the above patent, of which the following account is given by his son Dud Dudley, in the Metallum Martis. "Imme diately after my second trial I wrote unto my father what I had done, and withal desired him to obtain a patent for it from King James, of blessed memory; the answer to which letter I shall insert only to show the forwardness of King James to animate the inventor, as he did both Simon Sturtevant, John Rovenson, Dr. Jordanie, and others." lb. p. 6. Dudley's success was very limited in the first instance, about three tons per week; the combination against him of parties interested in the charcoal iron trade, and others wishing to share in his new discovery, was very great. In 1651, an act of parliament was passed, granting to Jeremiah Buck the use of his invention of melting iron and other metals with coal, without charking. But his plan failed. Post 34. From the time of the invention by Dudley, for a period of one hundred and twenty years, little progress was made in the manufacture of iron. The epochs in the history of the manufacture of iron are distinguished by Mr. David Mushet, in his work, entitled "Papers on Iron and Steel," into the five following. 1. The invention of the blast furnace. 2. The use of pit coal and pit-coal coke in the smelting and manufacture of iron. 3. The invention of puddling and rolling bar iron by Mr. Cort. 4. The introduction of Mr. Watt's double blast engine. 5. The application of heated air to blast fur naces. The inventions constituting this last epoch are the subject of the two following patents. 1. To James B. Neilson, 11 September, 1828, for "the improved application of air to produce heat in fires, forges, and furnaces, where bellows or other blowing apparatus are required." The invention consists in supplying the air heated in a vessel intermediate to the furnace and the blowing apparatus. Neilson v. Harford and others. 2. To George Crane, 28th September, 1836, for an improvement in the manufacture of iron." The invention consists in the combined use of the hot blast and anthracite. Crane v. Price and others. Conditions of validity. 1. The Grantee. Lord Dudley, according to the preceding account, was the first person who succeeded in making iron from pit coal; he brought, therefore, a new trade into the realm. Ante 5, 8. 2. The term. Fourteen years would hardly be considered other than a reasonable time. Ib. 3. The subject-matter. The result was iron made from pit coal, either in its natural state or coked, and the other substances in use before; so far as appears in the letters patent, the invention was simply the substitution of pit coal for wood or charcoal. It may be conjectured, from a variety of circumstances, that the success was due to an improved furnace, bellows and blast. The substitution, however, of coal as the fuel was the general feature of the invention, the means being subsidiary, admitting of continued improvement, and not necessary to be described; the common law only requiring the inventor to be in possession of such means, or the grant would be void for false suggestion. Other patents were granted subsequently for the same object, the means being different. As to Buck, post 34. 4. Novelty and utility. The preceding account shows that little doubt can be entertained as to the validity of the patents on both the above grounds. MANSELL'S GLASS PATENT. (EXCEPTED IN THE STATUTE OF MONOPOLIES.) Letters Patent 22 May, 21 Jac. I. to Sir Robert Mansell. tioned that in 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- Whereas in letters patent, 12 land the eight-and-fortieth, it is (amongst other things) men- Jac. I. it is mentioned, 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 timber, and 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 reforeign 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 order that provision for the preservation and increase of timber and wood wood should be by good laws and ordinances, but also to embrace all profitable all devices and preserved, and and beneficial devices, projects, and inventions, that might tend inventions tendto the furthering thereof; so that perceiving glass works and in thereto enworking 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 makand Ireland, to use the art and feat of making drinking glasses, ing glasses, and and other glasses, for a certain time and term in the said recited bited; D cessary purposes, couraged; and works are a all others prohi granted to 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 like license was afterwards, by our letters patent under the great seal of others after the England, we did also give and grant the like license to make expiration of the drinking glasses, and other glasses, unto Sir Percival Hart, preceding 21 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 makter, 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 the former letters patent; as by the said several letters pa by preceding; tioned in the said letters patent. had become pre a project of a tent appeared: And it is also in and by our said letters patent, 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, then lately having certain notice or perfect knowledge that the that the licences said several recited letters patent of licenses were grown very judicial, there hurtful and prejudicial unto this our realm; there being then being presented lately presented unto us by Thomas Percivall, Esquire, a pronew invention ject of new invention, for the making of all manner of glasses for 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 besides timber; 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 having become 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 and to be over- were grown hurtful and prejudicial to the common weal, and thrown by due the prejudice of them was likely daily to increase, unless some provision thereof were made, whereupon the said letters patent were become void in law, and to be overthrown by ordinary 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 were void in law course of law, and that the crown would not undertake their defence; |