In 1726, and again in 1732, patents were taken out for methods of grinding flints, &c., which were of much importance. The first of these, by Thomas Benson, is described as “an engine or new method for the more expeditious working the said flint stone, whereby all the said hazards and inconveniences attending the same will effectually be prevented.” It is stated that in the making of “white pots,” flint stone is “the chief ingredient,” and that the method hitherto used in preparing it “has been by pounding or breaking it dry, and afterwards sifting it through fine lawns, which has proved very destructive to mankind;” and this invention is to obviate it, and is as follows:—The flint stones are first wetted, then crushed as fine as sand by two large wheels, of the bigness and shape of mill-stones, of iron, and made to turn upon the edges by the power of a water-wheel. This material is afterwards conveyed into large circular iron pans, “in which there are large iron balls, which, by the power of the water-wheel above named, are swiftly driven round: in a short time the operation is concluded, and by turning a tap the material empties itself into casks.”

The next one, by the same Thomas Benson, taken out in 1732, was described as—

“A new engine, or method for grinding of flint stones, being the chief ingredient used in making of white wares, such as pots and other vessels, a manufacture carried on in our county of Stafford, and in some other parts of this our kingdom; that the common method hitherto used in preparing the same hath been by breaking and pounding the stones dry, and afterwards sifting the powder through fine lawns, which hath proved very destructive to mankind, occasioned by the dust suckled into the body, which, being of a ponderous nature, fixes so closely upon the lungs that nothing can remove it, insomuch that it is very difficult to find persons to engage in the said manufacture, to the great detriment and decay of that branch of trade, which would otherwise, from the usefulness thereof, be of great benefit and advantage to our kingdom; that by the petitioner’s invention the flint stones are sprinkled with water, so that no dust can arise, then ground as fine as sand, with two large stones made to turn upon the edges by the power of a wheel, worked either by wind, water, or horses, which is afterwards conveyed into large stone pans, made circular, wherein are placed large stone balls, which, by the power of such wheels are driven round with great velocity; that, in a short time, the flint stones so broken are reduced to an oily substance, which, by turning on a cock, empties itself into casks provided for that purpose; that by this invention all hazards and inconveniences in making the said manufacture in the common way will be effectually prevented, and in every particular tend to the manifest improvement and advantage thereof, and preserving the lives of our subjects imployed therein.”

In 1729 Samuel Bell took out a patent for fourteen years “for a new method not hitherto practiced within Great Brittain for making of a red marble stone ware with minerall earth, found within this kingdom, which being firmly vnited by fire will make it capable of receiving a gloss so beautiful as to imitate, if not to compare with rubie; that the stone ware may be formed into vessells for any necessary vse, or into ornaments for houses or gardens, such as jarrs, flower potts, &c., it being the most perfect of its kind, both in colour, nature, and form, that hath ever appeared in this part of Europe;” but no specification, to show what the mineral earth was, is given.

In 1733 (April 24th) Ralph Shawe, potter, of Burslem, who, like many other potters of the district, had long adopted the improvements of Mr. Astbury and others, took out a patent for employing “various sorts of mineral, earth, clay, and other earthy substances, which, being mixt and incorporated together, make up a fine body, of which a curious ware may be made, whose outside will be of a true chocolate colour, striped with white, and the inside white, much resembling the brown China ware, and glazed with salt.” The secret was merely washing the inside, and forming broad lines on the outside of the articles with a very thick slip of flint and pipeclay. “To keep his process more secluded and secret, he was accustomed to evaporate his mixed clays on a long trough, in a place locked up under cover, beneath which were flues, for the heat from fire applied on the outside. This also kept the clay free from any kind of dirt; and the idea is supposed to have been gained from the tile-makers’ method of drying their tiles in stoves. A pair of flower-pots, excellent specimens of this person’s manufacture, which had been received as a present from the maker by his wife’s grandfather, were in the author’s possession till very recently. Mr. Shawe became so litigious and overbearing, that many of the manufacturers were extremely uncomfortable, and prevented improving their productions. Not content with the success he experienced, and the prospect of speedily acquiring affluence, his excessive vanity and insatiable avarice incited to proceedings that terminated in his ruin. Unwilling to admit the customary practices of the business, and to brook any appearance of competition, he was constantly objecting to every trifling improvement as an infringement of his patent, and threatening his neighbours with suits in equity to protect his sole rights; till at length self-defence urged them to bear the expenses of a suit he had commenced against J. Mitchell, to try the validity of the patent, at Stafford, in 1736; and very aged persons, whose parents were present, give the general facts of the trial:—All the manufacturers being interested in the decision, those most respectable were in the court. Witnesses proved Astbury’s invention and prior usage of the practice, and a special jury of great intelligence and wealth gave a verdict against Mr. Shawe. The learned judge, after nullifying the patent, thus addressed the audience—“Go home, potters, and make whatever kinds of pots you please.” The hall re-echoed with acclamations, and the strongest ebullitions of satisfaction from the potters, to the indescribable mortification of Mr. Shawe and his family, who afterwards went to France, where he carried forward his manufactory, whence some of his family returned to Burslem about 1750.” This event is thus characteristically spoken of in native tongue, in the “Burslem Dialogue,” by Mr. Ward:—

Terrick. Dust moind, Rafe, owt o’ th’ treyal at Staffurt o’ Johnny Mutchil for makkin Rafy Shay’s patten ware?

Leigh. Oi just remember, bu oi wur ony a big lad at th’ teyme. It had bin mitch tawkt abaht, and when, it wur oer, they aw toud’n wat th’ judge sed to th’ mesters—‘Gooa whomm, potters, an mak wot soourts o’ pots yoa loiken.’ An when they coomn to Boslem, aw th’ bells i’ Hoositon, an Stooke, an th’ tahn, wurn ringin loike hey-go-mad, aw th’ dey.”

The kind of ware just described was sometimes known as “bitstone ware,” from “bits” of stone being used to separate the pieces in the oven. This was, of course, prior to the use of “stilts,” “triangles,” or “cockspurs.”

In 1744, Edward Heylyn, in the parish of Bow, in the county of Middlesex, merchant, and Thomas Frye, of the parish of West Ham, in the county of Essex, painter, took out a patent, and early in the following year enrolled their specification, for the making of china and porcelain ware. This specification, which is deeply interesting, is as follows:—

“Whereas His most Excellent Majesty King George the Second, by His Royal Letters Patent, under the Great Seal of Great Britain, bearing date at Westminster, the Sixth day of December, in the eighteenth year of His reign, reciting that whereas we, the said Edward Heylyn and Thomas Frye, had, by our Petition, humbly represented unto His said Majesty that we had, at a considerable expence of time and money in trying experiments, applyed ourselves to find out a method for the improvement of the English earthenware, and had at last invented and brought to perfection “A New Method of Manufacturing a Certain Material, whereby a Ware might be made of the same Nature or Kind, and equal to, if not exceeding in goodness and beauty, China or Porcelain Ware imported from Abroad;” which Invention we, the Petitioners, apprehended would be of vast advantage to the kingdom, as it would not only save large sums of money that were yearly paid to the Chinese and Saxons, but also imploy large numbers of men, women, and children; and that as many and as great benefits would arise therefrom to this nation, as from the woolen or iron manufactories, in proportion to the numbers of people that would be employed therein, His Majesty did therefore, of His especial grace, certain knowledge, and meer motion, give and grant unto us, the said Edward Heylyn and Thomas Frye, our extors, admors, & assigns, His especial licence, full power, sole priviledge & authority, to make, use, exercise, and vend our said Invention in that part of Great Britain called England, Dominion of Wales, and Town of Berwick-upon-Tweed, to hold to us, the said Edward Heylyn and Thomas Frye, our extors, admors, and assigns, for the term of fourteen years from the date of the said recited Letters Patent. In which said Letters Patent there is contained a provisoe, that if we, the said Edward Heylyn and Thomas Frye, should not particularly describe and ascertain the nature of our said Invention, and in what manner and of what materials the same was to be performed, by an instrument in writing, under our hands and seals, or the hand and seal of one of us, and cause the same to be inrolled in His Majesty’s High Court of Chancery, within four calendar months after the date of the said recited Letters Patent; that then the said Letters Patent, and the libertys and advantages thereby granted, should cease and be void, as in and by the same Letters Patent (relation being thereunto had) may more at large appear.