An Act to Enable Edward Marquess of Worcester to Receive the Benefit and Profit of a Water-Commanding Engine by him Invented; One Tenth part whereof is appropriated for the Benefit of the Kings Majesty, His Heirs and Successors.[C]
Whereas The Right Honourable Edward Marquess of Worcester hath affirmed to the Kings most Excellent Majesty, That he hath by long and indefatigable pains and study, and with great and vast expences, invented and found out a Secret in Nature, never heretofore discovered, being a Water-Commanding Engine, of greater force and advantage then hitherto hath been known; and being no Pump or Force now in use, nor working by any Suckers, Barrels, or Bellows heretofore used for the raising and conveying of Water; which said Engine will yield very great benefit and advantage to the Common-wealth, by draining of all sorts of Mines, Marish, Oazie, or Overflown Grounds; by furnishing of Rivers and Cutts with water to make them Navigable and Portable from Town to Town; by improving of Lands wanting water; by the supplying and bringing in of water into the City of London, or into any other places: and by divers other ways and means whereby great Encouragement will be given to the People of this Nation to undertake to work rich Mines, to drain, and gain in many Marish, Oazie, and surrounded Grounds, which hitherto they have been deterred to endeavour the improvement of, by reason of the vast sums of money which must be necessarily expended by the draining and conveying away the water out of the same. And whereas the said Edward Marquess of Worcester is willing and contented to setle a tenth part of the accruing benefit thereof upon his Majesty, His Heirs and Successors, for the term of years after in this Act mentioned; To the end therefore that the said Edward Marquess of Worcester may have and enjoy the full and particular benefit and profit of this his new Invention, with a Prohibition to all others to make use thereof for ninety and nine years: May it therefore please the Kings most Excellent Majesty, That it may be enacted, And Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament Assembled, and by the Authority thereof, That it shall and may be lawful to and for the said Edward Marquess of Worcester, His Executors and Assigns, from time to time, and at all times hereafter, during the said ninety and nine years, to have, receive, take, and enjoy, to his and their own proper use and uses, the Profit, Benefit, and Advantage which shall any ways arise, happen, or accrue by means or reason of the aforesaid Engine and new Invention. And be it also Enacted by the Authority aforesaid, That one full tenth part of the accruing Benefit thereof (without deduction or abatement for or by reason of any Charges or Expences whatsoever) shall be paid and answered, and accounted for by the said Edward Marquess of Worcester, his Executors, Administrators, and Assigns, for His Majesty, His Heirs and Successors, into His Majesties publick receipt of Exchequer yearly, and every year at the Feasts of Saint Michael the Arch-angel and the Annunciation of the Blessed Virgin Mary, during the said Term of Ninety nine years, the first payment to be made at the Feast of Saint Michael the Arch-angel, which shall be in the year of our Lord God, One thousand six hundred sixty and three; And be it further Enacted by the Authority aforesaid, that if any Person or Persons whatsoever within his Majesties Kingdom of England & Dominion of Wales, and Town of Berwick upon Tweed, and the Dominions and Territories thereunto belonging, do, or shall at any time hereafter, during the said term, Counterfeit, Imitate, put in practice, or erect the said Water-commanding Engine (without the consent and License first had and obtained in writing from the said Edward Marquess of Worcester, or his Assignes) That it shall, and may be lawful to and for the said Edward Marquess of Worcester, or his Assignes, with his, or their Agents or Work-men by a Warrant from the Lord Chief Justice, or from any two Justices of Peace within the respective County or Liberty, where such search shall be made, and assisted by the Constable or Constables neer adjacent, to enter into, or upon the said place or places where the said Work or Engine shall be made or erected; And upon discovery of any such Engine, to proceed against the said Person or Persons by Action, Information or Indictment; and after Conviction thereof in due course of Law in any Assizes, or publique Sessions of the Peace, or any of the Courts at Westminster, or any other His Majesties Courts of Record in any City, Burrough, or Town Corporate, or in any Stanary Court, or Jurisdiction of Leadmines; Then such Engines to be forfeited, and seized to and for the use of the said Edward Marquess of Worcester, his Executors, Administrators and Assignes respectively: And further, that the said Actor or Actors, Contriver or Contrivers thereof, and every of them, shall lose, and forfeit Five pounds of lawful Money of England an Hour for every Hour, he or they shall be Convicted, by one or more credible Witnesses upon Oath, to use the same, after such Conviction without the consent and License of the said Edward Marquess of Worcester, or his Assignes, first had and obtained in manner as aforesaid; the same to be recovered in the name of the said Edward Marquess of Worcester, his Executors, or Assignes, at the Common Law by any Action or Actions to be grounded upon this Statute; The same Action and Actions to be heard, and determined in any of his Majesties Courts of Record, in which Suit no Essoign, Protection, or Wager of Law shall be allowed; one third part whereof shall be to the Kings most Excellent Majesty, one other third part to the Informer or Discoverer, and the other third part to the said Marquess of Worcester, his Executors and Assignes. Provided always, and it is hereby Declared, That this Act, or any thing therein contained, shall not prejudice any other Water-work or Engine now known and used, nor any Person or Persons, who before the making of this present Act have obtained any Letters Patents from his Majesty, for the sole making and using of any new Engine for the carriage of Water; But that the said other Water-work, and the said Letters Patents shall be and remain of the same force and effect, as if this Act had never been had or made, any thing herein contained to the contrary notwithstanding. Provided always, that nothing in this Act contained shall be construed, or taken to prejudice, or hinder any Person or Persons from making, or using any Engine, Device or Invention, for ther raising and carriage of Water, other then the Engine in this Act mentioned; And that a Model thereof be delivered by the said Marquess, or his Assignes, to the Lord Treasurer or Commissioners for the Treasury for the time being, at or before the Nine and Twentieth day of September, One thousand six hundred sixty three; And be by him or them then put into the Exchequer, and kept there.
Copia vera.
Jo. Brown Cleric.
Parliament.
In admirandam magis quàm imitandam, aut ullis Encomiis satis prædicandam, Illustrissimi Domini Marchionis Vigorniæ Machinam Hydraulicam, Elogium.
Barbara Pyramidum sileat miracula Memphis,
Assiduus jactet nec Babylona labor.—Horat.
Siste viator, depone sarcinam, & dum reficis membræ,
Labore languida, pasce mentem novitatis avidam;
Perpende gyganteam hanc molé, æterni motus æmulam,
Naturæ & Artis compaginem, Cœli Solíque stuporem.
Pondera ponderibus librata hîc Æthera scandunt,
Et redeunt proprias mox subitura vices.
Mens prægnans agitata Deo, nunc præstat in Orbe,
Quæ nec stellifero sunt tribuenda Polo.