Samuel Pepys and the World He Lived In

by Henry B. Wheatley

THE SCHEMES OF ALEXANDER MARCHANT, SIEUR DE ST. MICHEL (MRS. PEPYS’S FATHER.)

The unpractical schemes of Mons. St. Michel are alluded to on [pages 7–8] of this book, but the editors of the “Diary” have taken no pains to obtain any information respecting him, and his name even does not appear in the “Diary.” Lord Braybrooke suggests, without any justification for the suggestion, that Mrs. Pepys’s mother had married again (see “Diary,” March 29th, 1667).

Pepys was wrong in the date of the patent, which is numbered 138, and Sir Edward Ford’s name does not appear in it. Sir John Colladon, a Fellow of the Royal College of Physicians, was naturalized by Charles II., and appointed one of the Physicians to the Queen.

St. Michel’s name evidently puzzled the man who drafted the patent. The following is a copy of the original patent:—

“Charles the Second, by the grace of God, &c., to all to whom these p’sents shall come, greeting

“Whereas we are informed that John Colladon, Doctor in Phisicke, and Alexander Marchant, of St. Michall, have, with much paines and charge, found “A way to p’vent and cure the Smoakeing of Chimneys, either by stopping the Tunnell towards the Top, and altering the former Course of the Smoake, or by setting Tunnells With Checke within the Chimneyes;” wch Invenc̃on soe found out as aforesaid was never publickly exercised or made vse of in anie of our kingdomes or dominions: And whereas the said John Colladon and Alexander Marchant have humbly besought vs for their better incouragemt to exercise and put in practice the said Invenc̃on, that wee would be gratiously pleased to graunt vnto them, the said Joh. Colladon and Alexander Marchant, our Lr̃es Patents of Priviledge for the sole vse and benifitt thereof, for the time and terme of fowerteene yeares, according to the statute in that case made and provided.

“Nowe knowe ye, therefore, that we, of our princely inclinac̃on, being willing to incourage and promote works of this nature, and to give all due and fitting incouragemt to the inventers of such arts as may be of publicke vse and benifitt, of our especiall grace, certeine knowledge, and meere moc̃on, and vpon the humble petic̃on of the said John Colladon and Alexander Marchant, have given and graunted, and by these p’sents, for vs, our heyres and successors, doe give and graunt vnto the said John Colladon and Alexander Marchant, their executors, administrators, and assignes, speciall licence, full power, priviledge, and authoritie, that they and every of them, by themselves, their or anie of their deputie or deputies, servants, workmen, or assignes, at all times and from time to time hereafter, dureing the terme of yeares hereafter in these p’sents expressed, shall and lawfully may vse, exercise, imploy, and enioy the said newe Invenc̃on in and throughout all our realmes and dominions, and every or anie of them, in such manner as to them or anie or either of them, in their or anie of their discrec̃ons shall seeme meet, and shall and may have and enioy the sole benifitt and advantage comeing or ariseing by reason thereof, dureing the terme of yeares hereby graunted; and to the end, the said John Colladon and Alexander Marchant, their executors, administrators, and assignes, and every of them, may the better enioy the full and whole benifitt and the sole vse and exercise of the Invenc̃on aforesaid, wee doe by these p’sents, for vs, our heyres and successors, require and streightly cōmaund all and every person and persons, bodyes politicke and corporate, of whatsoever qualitie or degree, name or addic̃on, they be, that neither they nor anie of them, dureing the terme of yeares hereby graunted, either directly or indirectly, doe or shall vse or put in practice the said Invenc̃on, soe by the said John Colladon and Alexander Marchant attained vnto or invented as aforesaid, nor doe or shall counterfeit, imitate, or resemble the same, nor doe or shall make anie addition therevnto, or substracc̃on from the same, whereby to p’tend themselves the inventors or devisors thereof, without the licence, consent, or agreement of the said John Colladon and Alexander Marchant, their executors, administrators, or assignes, in writeing vnder their hands and seales, first had and obteined in that behalfe, vpon such paines and penalties as can or may be inflicted vpon such offendors for their contempt of this our cōmaund in that behalfe, and further to be answerable to the said John Colladon and Alexander Marchant, their executors, and administrators, and assignes, according to lawe and justice, for their damages thereby susteined; to have and to hold all the said licences, powers, privileges, and authorities hereby graunted as aforesaid vnto them, the said John Colladon and Alexander Marchant, for & dureing the terme of fowerteene yeares from the makeing of these p’sentꝬ next ensueing, and fully to be compleate and ended, according to the statute in such case made and provided. And further, wee doe by these p’sents, for vs, our heyres and successors, give and graunt vnto the said John Colladon and Alexander Marchant, their executors, administrators, and assignes, full power and authoritie that they and every of them, their, every or anie of theyr deputies, servantꝬ, and agents, or anie of them, haveing first obteined a warrant in this behalfe from the Lord Cheife Justice of the Courte of King’s Bench for the time being, may, with the assistance of a constable or anie other lawfull officer, at convenient times in the day, dureing the terme aforesaid, and in lawfull manner, enter into and make search in anie houses or other places where there shall be iust cause of suspic̃on, for discovering and findeing out all such persons as shall, within the terme of fowerteene yeares aforesaid, imitate or cause to be imitated, or shall vse or put in practize the said Invenc̃on, by the said John Colladon and Alexander Marchant invented and found out as aforesaid, that soe such offenders may be proceeded agt, and punished according to theyr demeritts, and theyr invenc̃ons and works tending to the ends aforesaid then and there found, to be seized upon, broken in peeces, and defaced, and the materialls thereof left in the hands and custodie of some constable or officer, to be disposed in such manner and forme as wee, our heyres and successors, shall from time to time direct and appoint. And further, wee doe by these p’sens, for vs, our heyres and successors, will, authorize, and require all and singuler justices of the peace, mayors, sheriffes, bayliffes, constables, headboroughes, and all other officers and ministers whatsoever, of vs, our heyres and successors, for the time being, that they and every of them respectively, be from time to time dureing the said terme hereby graunted, in theyr respective places, favouring, aydeing, helping, and assisting vnto the said John Colladon and Alexander Marchant, theyr executors, administrators, and assigns, and to theyr and every of their deputy and deputies, servantꝬ and agents, in and by all things in and about the accomplishment of our will and pleasure herein declared, and in the exercise and execuc̃on of the powers and privileges herein and hereby graunted, or menc̃oned to be graunted, as aforesaid. And moreover, wee will and cōmaund by these p’sents, for vs, our heyres and successors, that our said officers and ministers, or anie of them, doe not molest, trouble, or interrupt the said John Colladon and Alexander Marchant, or either of them, theyr or either of theyr executors, administrators, or assignes, or theyr or either of theyr deputie or deputies, servants, or agents, or anie of them, in or about the use or exercise of the said Invenc̃on, or in any matter or thing concerneing the same. Provided alwayes, that if at anie tyme dureing the said terme of fowerteene yeares, it shall be made appeare vnto vs, our heyres or successors, that this our graunt is contrary to lawe, or p’iudiciall or inconvenient, and not of publicke vse or benifitt, then vpon significac̃on and declarac̃on thereof to be made by vs, our heyres or successors, these our Lr̃es Patents shall forthwith cease, determine, and be vtterly voyde to all intents and purposes, and the same not to be vsed, exercised, or imployed, anie thing herein-before menc̃oned to the contrary notwithstanding. Provided further, that in case it shall be found or made appeare that the said Invenc̃on is not a newe Invenc̃on of the said John Colladon and Alexander Marchant, as to the publicke vse and exercise thereof within this our kingdome of England, then at all tymes from thenceforth these p’sents shall cease, determine, and be voyde, anie thing in these p’sents before conteined to the contrary notwithstanding. Provided alsoe, that these our Lr̃es Patents, or anie thing herein conteined, shall not extend, or be construed to extend, to give priviledge to the said John Colladon and Alexander Marchant, or either of them, their or either of theyr executors, administrators, or assignes, or anie of them, to vse, or imitate any invenc̃on or worke found out or invented by anie other person or persons, and publickly exercised within these our said relmes, or anie the dominions or territories therevnto belonging, vnto whom wee have alreadie graunted our like Lr̃es Patents of Priviledge for the sole vse, exercise, and benifitt thereof; it being our will and pleasure that the said John Colladon and Alexander Merchant, their executors, administrators, and assignes, and all and singuler other person and persons to whom we have alreadie graunted our like Lr̃es PatentꝬ of Priviledge as aforesaid, shall distinctly vse and practize their severall Invenc̃ons by them invented and found out, according to the true intent and meaneing of the said severall and respective Lr̃es Patents, and of these p’sents. And lastly, wee doe by these p’sents, for vs, our heyres and successors, graunt vnto the said John Colladon and Alexander Merchant, their executors, administrators, and assignes, that these our Lr̃es Patents, or the inrollmt thereof, shall be in and by all things good, valid, sufficient, and effectuall in the lawe, according to the true intent & meaneing thereof, and shall be taken, construed, and adiudged most favourable and benificiall for the best benifitt and advantage of the said John Colladon and Alexander Marchant, theyr executors, administrators, and assignes, aswell in all courts of record as elsewhere, notwithstanding the not full and certeine describeing the manner and quality of the said Invenc̃on, or of the mat’ialls thereof, or of the true and certeine vse and benifitt thereof, and notwithstanding anie other defecte, incerteintyes, or imperfecc̃ons in these p’sents conteined, or anie act, statute, ordinance, provision, proclamac̃on, or restreint to the contrary thereof, in anie wise notwithstanding.

“In witnes, &c. Witnes the King at Westm̃, the

“Second day of May.