REASONS
Offered
against
the
Passing
of
Sir
Samuel
Morland's
Bill
TOUCHING
WATER-ENGINES
.
1.
ALthough
it
's
not
gainsaid
,
21
Jac
.
cap
.
3.
but
that
Parliaments
have
granted
and
confirmed
Powers
and
Priviledges
for
the
sole
making
and
vending
of
some
Commodities
,
and
may
and
can
,
if
they
see
cause
,
do
the
like
in
other
like
Cases
;
yet
it
's
humbly
conceiv'd
and
hoped
,
since
it
hath
been
and
is
the
judgment
of
Parliament
formerly
declared
,
That
all
restraints
,
matters
,
and
things
any
way
tending
to
the
erecting
,
furthering
,
and
countenancing
of
Monopolies
are
altogether
contrary
to
the
Law
,
and
so
void
,
and
not
to
be
put
in
execution
;
and
that
the
force
and
validity
thereof
ought
to
be
examined
and
determined
according
to
the
Common
Laws
of
this
Realm
,
and
not
otherwise
:
that
therefore
the
wisdome
of
this
Parliament
will
be
the
more
strict
and
cautious
before
any
such
Restraint
and
sole
Priviledge
abridging
the
liberty
of
others
,
be
by
their
sanction
granted
in
the
present
Case
,
notwithstanding
the
pretence
of
Publick
good
,
which
is
usually
in
such
things
suggested
.
2.
The
cause
and
ground
mentioned
as
the
inducement
to
pass
the
Bill
for
his
sole
making
and
using
the
Water-Engines
,
is
in
general
only
,
that
he
hath
invented
the
making
of
several
new
Pumps
and
other
Water-Engines
for
raising
and
forcing
up
great
quantities
of
water
to
great
heights
;
which
is
a
suggestion
that
if
admitted
,
is
conceiv'd
not
to
be
a
fit
foundation
for
the
structure
he
would
erect
:
For
that
,
1.
He
may
possibly
invent
that
which
others
,
unknown
to
him
,
may
have
invented
before
,
who
would
by
such
means
be
utterly
depriv'd
of
their
just
Labours
and
Livelyhoods
,
the
avoiding
whereof
was
the
cause
that
the
Liberty
reserved
for
Grants
for
Fourteen
years
by
the
Statute
of
21
Jac
.
c
.
3.
restrains
them
to
the
first
and
true
Inventers
.
2.
The
suggestion
mentions
his
inventing
the
making
of
several
new
Pumps
and
other
Water-works
;
but
the
Bill
,
as
endeavour'd
by
him
to
pass
,
deprives
all
others
of
the
making
and
using
of
all
such
,
although
they
have
invented
likewise
the
making
of
several
new
Pumps
and
Water-words
.
3.
Any
small
circumstantial
Addition
invented
to
Pumps
and
Water-works
,
may
be
styl'd
,
as
to
that
part
,
an
invention
thereof
,
when
nothing
else
was
new
;
by
which
pretence
also
he
would
endeavour
to
exclude
the
Inventions
of
others
:
whereby
all
Attempts
of
this
kinde
by
others
,
must
be
laid
aside
until
Sir
Samuel
please
.
3.
The
Bill
as
desired
by
him
to
pass
,
gives
him
the
sole
property
not
only
of
these
,
but
of
such
Additions
and
Improvements
as
he
shall
hereafter
make
of
them
;
though
no
man
doth
or
can
know
what
may
be
pretendedly
included
either
in
such
past
Inventions
or
such
future
Additions
.
4.
There
is
however
a
Proviso
in
the
Bill
,
that
it
shall
not
prejudice
any
person
whose
Engine
differs
in
the
principal
parts
from
his
;
but
what
can
be
meant
by
those
Principal
parts
,
is
impossible
to
be
known
,
unless
it
be
with
respect
to
Pipes
of
Timber
,
Succors
,
Forcers
Valves
,
and
such-like
;
which
are
the
principal
parts
of
every
Pump
:
Nor
is
it
to
be
hoped
that
most
Justices
of
the
Peace
or
others
concern'd
should
be
capable
of
distinguishing
in
matters
of
this
peculiar
Mystery
;
and
therefore
in
all
Letters-Patents
for
Monopolies
for
Fourteen
years
,
there
is
usually
a
certain
Clause
to
make
them
void
,
if
any
other
should
appear
to
be
the
first
Inventer
of
the
thing
granted
.
5.
Sir
Samuel
by
the
Bill
is
within
three
Moneths
after
the
Royal
Assent
,
to
deliver
in
perfect
Models
of
the
said
Inventions
;
but
for
his
new
Additions
,
any
time
after
shall
be
sufficient
.
6.
In
the
mean
time
Sir
Samuel
having
already
a
Patent
to
make
search
and
discover
what
others
are
doing
in
this
kinde
,
how
shall
men
be
sure
he
will
not
present
the
Models
of
other
mens
Inventions
as
his
own
past
Atchievements
;
or
that
he
will
not
at
any
time
hereafter
present
the
succeeding
Endeavours
of
other
men
,
as
the
new
Additions
of
his
own
?
7.
The
Bill
lays
a
severe
penalty
upon
those
that
imitate
Sir
Samuel's
past
Inventions
,
or
subsequent
Additions
;
though
it
is
impossible
to
know
either
what
they
are
,
or
will
be
:
and
so
in
this
case
as
impossible
to
avoid
being
ruined
by
laudable
Endeavours
for
nothing
but
Publick
good
.
8.
By
the
Bill
endeavour'd
to
pass
,
all
Persons
whatsoever
,
though
Inventers
and
Users
of
Water-Engines
,
are
seclude
and
made
liable
to
severe
penalties
,
either
pecuniary
or
corporal
,
and
that
without
Bail
,
no
Saving
being
therein
otherewise
than
as
aforesaid
;
which
yet
is
never
omitted
in
Letters-Patents
of
this
kinde
,
and
rarely
,
if
at
all
,
in
Acts
of
Parliament
;
and
especially
when
divers
others
who
know
nothing
of
this
Indeavour
have
,
by
their
great
industry
and
expences
,
found
out
several
ways
of
raising
Water
with
greater
facility
that
it
's
believed
these
in
question
will
do
,
especially
as
to
the
proper
applications
of
various
Engines
to
divers
sorts
of
Mines
or
other
Works
.
9.
The
Bill
as
endeavoured
to
pass
,
takes
away
the
liberty
of
every
Owner
of
Houses
and
Mines
,
as
to
their
Pumps
,
and
of
the
City
of
London
,
and
every
other
Corporation
who
have
Engines
formerly
invented
for
quenching
of
Fires
,
&c.
That
they
shall
not
make
use
of
what
persons
they
please
to
form
their
Pumbs
and
Engines
,
though
such
as
were
formerly
made
without
a
Licence
from
Sir
Samuel
Morland
his
Executors
,
Administrators
,
or
Assignes
.
10.
The
Bill
erects
a
Judicatory
before
two
Justices
of
Peace
,
without
any
Appeal
mentioned
to
be
from
them
:
which
though
done
sometimes
in
some
Criminal
Cases
,
and
of
a
Publick
concern
,
yet
not
usual
to
be
in
the
Case
of
the
private
Commodity
of
any
single
person
,
and
where
Property
will
be
the
Question
:
namely
,
whether
of
the
Parties
be
the
first
Inventer
,
or
whether
the
Act
extend
to
the
thing
in
question
.
And
moreover
,
in
case
of
an
Action
brought
for
the
Forfeiture
,
it
gives
power
to
give
in
Evidence
the
Conviction
before
the
Justices
;
whenas
the
Witnesses
themselves
may
be
alive
,
and
having
before
perhaps
given
their
Evidence
in
the
absence
of
the
party
complained
of
,
may
now
,
if
produced
,
give
an
opportunity
to
be
cross-examined
;
that
course
being
used
in
all
Courts
of
Judicature
,
and
the
contrary
way
using
Paper-Testimonies
an
occasion
often
of
concealing
Truth
,
and
of
introducing
Perjury
.
11.
If
the
thing
it self
be
no
Monopoly
but
a
New
Invention
,
and
Sir
Samuel
Morland
the
first
and
true
Inventer
,
it
's
conceived
he
may
in
the
ordinary
way
have
recourse
for
Letters-Patents
for
Fourteen
years
:
And
if
it
be
in
it self
a
Monopoly
,
it
's
humbly
hoped
the
Parliament
will
not
,
especially
upon
the
Considerations
aforesaid
,
make
it
otherwise
,
but
suffer
it
to
stand
or
fall
as
such
.