Edinburgh 9th March 1802. This is the Drawing referred to in the Specification signed by me of this date.
William Symington.
SRO GD1/17/23In 1801 William Symington was granted letters patent in England and Scotland and also in Ireland [1] for his method of using a steam engine in the propulsion of vessels (Specification Number 2544). The drawing which illustrates his patent specification reveals a simple yet elegant concept in which a horizontally placed engine drives the wheel directly by a crank. In essence, this was the drive mechanism he employed in the Charlotte Dundas of 1803.
He described his invention as "A NEW MODE OF CONSTRUCTING STEAM ENGINES, AND APPLYING THEIR POWER TO THE PURPOSES OF PRODUCING ROTATORY AND OTHER MOTIONS, WITHOUT THE INTERPOSITION OF A LEVER OR A BEAM" [2]
This invention employs a double acting horizontal steam engine in which steam is directed under pressure to either side of the piston; the horizontal placement of the cylinder is novel; the piston rod is kept in alignment with the cylinder by a system of sliders or rollers; rotatory motion is achieved by articulating the piston rod directly to a crank on the axis of the wheel.
This scheme was the exact mechanism used to power the Charlotte Dundas of 1803. The first of the two steamboats which William Symington constructed for Lord Dundas was built in 1800 and employed a vertical beam engine to his own 1787 patent. When Watt's 1769 patent for the separate condenser expired in 1800, William Symington was free to use a double-acting Watt engine for boat propulsion. In 1780, James Pickard patented "a new method of applying steam-engines, commonly called fire-engines, to the turning of wheels; whereby a rotative motion, or motion round an axis, is performed." [3] Pickard's "invention", which converted the reciprocating motion of a Newcomen engine to rotatory motion, comprised the simple expedient of driving the wheel by a crank. Constrained by Pickard's patent, William Symington had used a fragile chain and ratchet drive system in his experiments for Patrick Miller. The option of a simple direct drive mechanism which connected the piston to the paddle wheel presented when Pickard's patent expired. Symington's patent has the piston directly coupled to a wheel by a connecting rod and crank.
The mode of action of the invention is described in the Patent Specification (see his drawing above):
“The Drawing annexed shews my new method of constructing steam engines, and applying their power for the purpose of producing rotatory motion without the intervention of a lever or beam, vizt:- the steam cylinder "A" is placed in a horizontal position and the Piston Rod B coupled to one end of the Crank arm C and the other end of the arm attached to the Crank (the piston rod being kept parallel to the axis of the Steam Cylinder by Slides or Rollers as represented in the Drawing) a motion backward and forward being produced in the Piston of the Steam Cylinder the Crank will be turned round and a rotatory motion produced in the first Spindle or Lying Shaft. The power of the Engine may be thus applied in producing rotatory motion by the revolving wheel in place of the Crank. When a reciprocating motion is wanted the Piston Rod of the Steam Cylinder must be coupled to a Pump rod Piston rod or other body wished to be so moved and the Engine being set to work a reciprocating motion will thus be produced. Although the Steam Cylinder is represented in the drawing is in a horizontal position, it may be applied to produce the above motions when placed in a perpendicular position or in any of the different angles between a perpendicular position as circumstances may require."
However William Symington's principal concern was to patent and promote his concept of the propulsion of boats and canal vessels with a steam engine. Above all, he emphasised that his method was "peculiarly adapted for navigating boats, vessels, or rafts in canals or rivers" which could be propelled by "a wheel or wheels with blades". Notably in his specification he anticipated the structure of the paddle steamer Charlotte Dundas of 1803, with its single paddle wheel placed within a split keel at the stern: "a wheel or wheels may be placed to act within the boat vessel or Raft if constructed with two keels or divided from Stem to Stern or upon the outside of those built in common form as circumstances may require."
The 1801 patent proved to be worthless when William Symington challenged Henry Bell in the Court of Sessions in 1815 for the alleged infringement of his patent. See section "William Symington v Henry Bell."
The account issued by his lawyer James Gibson indicates that the cost for preparing and registering the three patents, in England, Scotland and Ireland, amounted to £394/2/3. [4]
[1] Birmingham Library, Boulton and Watt Collection Reference Number MS 3219/6/3/1/6, Account from James Gibson, Symington's Edinburgh lawyer
[2] Great Seal Patent Office, London, Patent Number 2544
[3] Patent Number 1263, 23 August 1780
[4] Birmingham Library, Boulton and Watt Collection, Reference Number MS 3219/6/3/1/6; Account from James Gibson, Symington's Edinburgh lawyer
PATENT RECORDS
A new mode of Constructing Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam.
Patent 2544, Great Seal Patent Office, London, is dated 14th October 1801. [1]
William Symington's 1801 patent application was initiated in Scotland. Letters Patent were granted by the Great Seal Patent Office, London, on 14th October 1801 NA C73/22/1 and in Scotland on 1 November 1801, SRO Registrum Magni Sigilli 1788-1804 C3/21 Number 160. The specification was enrolled in the Roll of Specifications in the High Court of Chancery, 3rd April 1802. [2]
There are two copies of the patent specification: the specification kept in the National Archive, Kew, for Patent number 2544 signed and sealed by William Symington and dated 9th March 1802 [2] and an identical copy, signed and sealed by William Symington on 9th March 1802, which is held in the Scottish Record Office, New Register House, Edinburgh. [3]
The National Records of Scotland hold a copy in a parchment roll of the the specification, dated Edinburgh 9th March 1802, of William Symington of Kinnaird, Stirlingshire, for improvement of a steam engine. [4]
The original coloured drawing which illustrates the specification is to be found in a Chancery Roll kept in the National Archive at Kew and there is an identical copy drawn on the Edinburgh document (see illustration above).
[1] NA C73/22/1 and Woodcroft, Bennet, Alphabetical Index of Patentees of Inventions, first published in 1854
[2] NA C73/22/1
[3] NRS GD1/17/23
[4] NRS C3/21 Numbers 128 and 160
Note it was thought that William Symington took out a Patent for his invention only in England and that he had not taken out a Scots patent but the above references show otherwise. [1]
[1] Letter from H. W. Dickinson to David Bell of Glasgow dated The Science Museum, South Kensington 10th January 1910 (held in the Glasgow Museum of Transport)
NOTES ON PATENTS
It was commonplace to register patents in both England and Scotland. After 1707, English patent law was applied to Scotland but it was still necessary to obtain a separate grant to protect the invention in Scotland. Applications were made through the Home Office in London, but the 'charters of gift', the Scottish term for patents, were recorded in the Register of the Great Seal. A separate record was only established after 1813. Chancery retained the original specifications, including drawings, which were not reproduced in the registers. Prior to the Patent Law Amendment Act of 1852, there were three semi-autonomous administrations in the United Kingdom, with regional jurisdictions in England, Scotland and Ireland. Patents could be obtained in more than one region and the application for a patent was a labyrinthine and expensive process. [1]
Chancery was responsible for the issue and enrolments of patents of inventions. Scottish patents are held in the Scottish Record Office.
From 1852, earlier patent specifications were transcribed and printed. Printed specifications are held in the British Library. [2] The cover of the printed version of patent 2544 is reproduced below.
[1] Dutton, H. I., The patent system and inventive activity during the Industrial Revolution: 1750-1852. Manchester 1984
[2] National Archives Research Guide
TRANSCRIPTION OF WILLIAM SYMINGTON'S 1801 PATENT SPECIFICATION FROM
THE ORIGINAL DOCUMENT HELD IN EDINBURGH
NRS GD1/17/23
Heavy grade paper 42.4 cm by 85.5 cm
Specification of William Symington's Invention Inrolled upon the Roll of SPECIFICATIONS In the chapel of the Rolls of the High Court of CHANCERY THE THIRD DAY OF APRIL IN THE FORTY SECOND year of the REIGN of his majesty King George the third in the year of the Lord One thousand Eight hundred and two.
To all to whom these presents shall come William Symington of Kinnaird in the County of Stirling in that part of the United Kingdom of Great Britain called Scotland sends Greeting.
Whereas the King's most excellent Majesty by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing the date the fourteenth day of October " " " " " " " " in the forty first year of his Reign Gave and Granted unto the said William Symington, his Executors and assigns his Majesty's special licence full power sole privilege and authority that he the said William Symington, his Executors and assigns and every of them by themselves or by their Deputy or Deputies Servants or Agents or such others as he the said William Symington his Executor Administrators or assigns shall at any time agree with and no others from time to time and at all times thereafter during the time therein expressed should and lawfully might have the sole use benefit and advantage of his Invention "of a new mode of constructing Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam" being a principle entirely new in that part of the United Kingdom of Great Britain and Ireland called England, the Dominion of Wales and Town of Berwick-upon-Tweed in such manner as to the said William Symington his Executors Administrators and assigns or any of them should in their discretion seem meet. And that the said William Symington his Executors administrators or Assigns should and lawfully might have and enjoy the sole profit commodity and advantage from time to time coming growing and rising by reason of the said Invention for and during the term of years therein mentioned. To have hold exercise and enjoy the said licence powers privileges and advantages therein before granted or mentioned to be granted unto the said William Symington his Executors administrators and assigns for and during and unto the full end and term of Fourteen years from date of the said Letters Patent & immediately ensuing and fully to be complete and ended according to the Statute in such case made and provided. In which said Letters patent is contained a proviso that if the said William Symington should not particularly describe and ascertain the nature of his said Invention and in what manner the same is to be performed by an Instrument in writing under his hand and seal and cause the same to be inrolled in his Majesty's High Court of Chancery within six calendar months next and immediately after the date of said his Majesty's Letters Patent that then the said Letters Patent and liberties and advantages whatsoever thereby granted should utterly cease determine and become void as by the said Letters Patent relation being thereunto had will be more fully and at large appear. Now know ye that the said William Symington in pursuance of and compliance with the said proviso in the said Letters Patent contained and the purport and true intent and meaning thereof and his Majesty's said most gracious intentions do by this Instrument in writing under his hand and seal duly executed describe and ascertain the nature of his said Invention and several of the of the methods by which the same may be performed.
That is to say the drawing annexed shews my new method of constructing Steam Engines and of using their power for the purpose of producing rotatory motion without the intervention of a Lever or Beam vizt.. the steam cylinder "A" is placed in a horizontal position and the Piston Rod B coupled to one end of the Crank arm C and the other end of the arm attached to the Crank (the piston rod being kept parallel to the axis of the Steam Cylinder by Slides or Rollers as represented in the Drawing) a motion backward and forward being produced in the Piston of the Steam Cylinder the Crank will be turned round and a rotatory motion produced in the first Spindle or Lying Shaft. The power of the Engine may be thus applied in producing rotatory motion by the revolving wheel in place of the Crank. When a reciprocating motion is wanted the Piston Rod of the Steam Cylinder must be coupled to a Pump rod Piston rod or other body wished to be so moved and the Engine being set to work a reciprocating motion will be thus produced Although the Steam Cylinder is represented in the drawing in a horizontal position, it may be applied to produce the above motions when placed in a perpendicular position or in any of the different angles between a perpendicular position as circumstances may require. The above mentioned construction of Steam Engines is peculiarly adapted for navigating Boats, vessels or Rafts in Canals or Rivers and for breaking the Ice on them and may be so used in manner following. First a wheel or wheels with blades may be placed in a Boat vessel or Raft to act in such manner upon the water when put in motion by the Steam Engine as to be able to impel the Boat Vessel or Raft which may be used in the place of horses to drag to drag boats vessels or Rafts and a wheel or wheels may be placed to act within the boat vessel or Raft if constructed with two keels or divided from Stem to Stern or upon the outside of those built in common form as circumstances may require. The principle of this Invention comprehends any species of machinery thus put in rotatory motion by a Steam Engine which may be made use of to navigate Boats Vessels or Rafts. Second to break Ice a number of Beaters Hammers or Stampers may be placed in the Bow Quarter of the Boat Vessel or Raft which Beaters Hammers or Stampers when put in motion by the Steam Engine may revolve upon an axis or be worked by an up and down motion in manner of common Tilts or Stampers
In witness whereof I the said William Symington have hereunto Set my hand and Seal this Ninth day of March in the Forty Second year of the Reign of our Said Sovereign Lord George the third in the year of our Lord one thousand Eight hundred and two
WILLIAM SYMINGTON l.s.
Signed & sealed by the above named Wm Symington
Before
JAS. GIBSON one of the Clerks to His Majesty's Signet in Scotland
JAMES WRIGHT apprentice to Mr. Gibson
Signed and acknowledged by the said William Symington in presence of me one of the magistrates of the city of Edinburgh at Edinburgh the said ninth day of March Eighteen hundred and two years
ARCHD. CAMPBELL one of the Magistrates of Edinburgh
(and, below the drawing)
Edinburgh 9th March 1802 This is the Drawing referred to in the Specification Signed by me of this date. WILLIAM SYMINGTON l.s.
(at lower left corner of document below the drawing)
W. Campbell 3 Apl. 1802
The text of the version published at the Great Seal Patent Office, Holburn, in 1855 differs in that, below "JAMES WRIGHT, apprentice to Mr. Gibson", is printed the following text:
"AND BE IT REMEMBERED, that on the Ninth day of March, in the forty-second year of the reign of His Majesty King George the Third, the said William Symington came before Archibald Campbell, one of the Magistrates of the City of Edinburgh, in that part of the United Kingdom of Great Britain and Ireland called Scotland, and acknowledged the Instrument aforesaid, and all and every thing therein contained and specified, in form above written.
And also the Instrument aforesaid was stamped according to the tenor of the several Statutes made in the sixth year of the rein of the late King and Queen William and Mary of England, and so forth, and in the seventeenth, twenty-third, and thirty-seventh years of the reign of His present Majesty King George the Third.
Inrolled the third day of April, in the year of our Lord One thousand eight hundred and two.
LONDON:
Printed by GEORGE EDWARD EYRE and WILLIAM SPOTTISWOODE,
Printer's to the Queen's most Excellent Majesty. 1855."
William Symington's seal 9 March 1802
REGISTER OF THE GREAT SEAL PARCHMENT ROLL
Please note that, in this and subsequent sections, my transcriptions and translations from the Latin are subject to revue and correction, where necessary.
SRO Registrum Magni Sigilli 1788-1804 C3/21:
Item Number 128: this document is written on a continuous parchment roll and gives a brief summary in latin dated 25 August 1801 with the title of the invention recorded in English. The following is my translation:
"Charter of the Invention of William Symington
George the Third
Inasmuch as William Symington engineer at Kinnaird in the sheriffdom of Stirling in that part of the kingdom of Great Britain and Ireland called Scotland through his petition he humbly presents to us having explored with great passion and diligence to have devised that which in the vernacular follows, namely a new mode of Constructing Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam. He conceives this invention will be of great public utility. The petitioner is the first and true inventor and nor has the same been in common use or practised by any person and persons or anybody. That he truly believes and understands. Therefore he humbly entreated that it may please us … in preceding at our place at St James’s 25th August 1801 and in the 41st year of our reign.
Signed by (my) hand"
TRANSCRIPTION of NRS Registrum Magni Sigilli C3/21/ Number 128
Carta Don Gulielmus Symington Inventionis suae
Georgius tertius/ Quandoquid Gulielmus Symington machinator apud Kinaird (sic) in vicecometatu de Stirling in ille parte regni Magna Britanniae et Hiberniae Scotia vocat per suam petitionem nobis humiliter representavit se magno studio et applicatione Invenisso explorasse et excogitasse ut in sequitur vizr a new mode of Constructing Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam quam Inventionem concipit magnae fore publicae utilitatis petitorem primum verumq inventorem quid esse eandemq neque usitatum vel practicatam fuisse per personam personasue (sic) quaseunque ut vere credit et intelligit igitur humillime supplicavit ut nobis gratiose placuerit / ut in praeceden apud autam nostrum apud St James's 25to die Augusti 1801 regniq nostri 41
Per signaturam manus dit
Item Number 160 is the Specification of William Symington's Invention and contains the patent specification with a full description of the invention written in English on parchment and dated 9 March 1802.
The text is as for NRS GD1/17/23, vide supra, (apart from a couple of trivial errors in transcription) except that in the former document the letters patent are registered in Scotland whereas the specification document NA C73/22/1 records the granting of letters patent under the Great Seal of Great Britain in London.
Introduction:
"Greeting Whereas the King's most Excellent Majesty by letters patent under the treaty of Union to be used in Scotland in place of the Great Seal thereof bearing date the twenty day of Novr. 1801, in the forty second year of his Reign Gave and Granted unto the said William Symington......
Concluding paragraph:
In witness whereof I have subscribed these presents written upon parchment by James Wright apprentice to James Gibson Writer to the Signet at Edinburgh the ninth day of March one thousand Eight hundred and two years before these witnesses Chas Scott Clerk to the said James Gibson and the said James Wright [signed] William Symington Chas Scott Witness James Wright Witness
COPY OF THE 1801 PATENT DEED IN THE MELBOURNE MUSEUM
"CARTA DON GULIELMI SYMINGTON INVENTIONIS SUAE INTUS SCRIPT." 1801
Now in the Melbourne Museum, [1] this document was brought to Australia in 1855 by William Symington's son, together with a model of the Charlotte Dundas steamboat and a bust of the inventor. This is an official copy of the Licence or Patent granted in Edinburgh to William Symington on 25 August 1801. The document is not a copy of his patent specification which contains a detailed description of the invention. It was signed by James Dundas on 21 November 1801, and signed and sealed at Edinburgh on 22 July 1802. James Dundas of Ochtertyre 1752-1831 was an Edinburgh lawyer of high standing within the Society of the Signet and held the position of Deputy Director in Chancery. [2] The King’s signet was the private seal of the monarch. The identity of the other signatory, Wilson, is yet to be ascertained.
The original was held in the Paper Register of the Great Seal, and, if it has survived, should now be housed in the Scottish Records Office. William Symington's patent, dated 25 August 1801, is headed "Carta Don Gulielmus Symington," etc.; the detailed description of his invention, the patent specification, is a separate document, written in English and dated 9 March 1802. [3] A copy of the specification with his coloured drawing of his invention is held in the National Archive, London. [4]
[1] Melbourne Museum Item Number ST 017853
{2} A History of the Society of Writers to Her Majesty’s Signet. Edinburgh 1890
[3] SRO Registrum Magni Sigilli 1788-1804 C3/21, Numbers 128 and 160
[4] NA C73/22/1
NOTES ON THE CONTENTS
In securing a patent for an invention, the inventor was first required to submit an affidavit stating that he had invented something, to state the nature of the invention, and to confirm that he was indeed the first and true inventor, and then to file a petition requesting that letters patent be granted for that invention. The text of this patent document indicates that, in his petition, William Symington described his invention as "a new mode of constructing Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam."
Patents granted the exclusive rights of making, working and manufacture of an invention for the period of fourteen years provided that a full description of the invention was enrolled in Chancery within four months. The patent required that the invention was novel and of general benefit and that the inventor was indeed the “true and first” inventor.
The present patent document makes specific reference to a law, 6 Geo. 1. c. 18, which was intended to protect the public against speculation and fraud. This was an act passed by the House of Commons in 1720: “an act for the better securing certain powers and privileges intended to be granted by his Majesty by two Charters for assurance of ships and merchandizes at sea and for lending money upon Bottomry and for restraining several extravagant and unwarrantable practices therein mentioned”. This vaguely worded act was introduced to control insurance companies and speculative or fraudulent investment. The act prohibited associations from acting as corporations trading in shares unless authorised by Royal Charter. The term “bottomry” relates to marine insurance. This act is quoted on page 5 of the Melbourne Museum document which stipulates that any shares or interest in the patent must to be restricted to no more than five persons or to anyone acting as a corporate body.
The patent was confirmed when William Symington signed and sealed his specification of the invention at Edinburgh on 9 March 1802. The essential mechanism of the invention described in his specification comprises a steam engine with a horizontal cylinder and the piston rod coupled directly to a driving wheel by a crank rod, an arrangement which he claimed was “peculiarly adapted for navigating Boats, vessels or Rafts in Canals or Rivers.” The direct linkage of piston rod and crank was a distinct departure from the vertical cylinder with its overhead beam then in common usage. The important innovation was to place the cylinder in the horizontal position.
The benefits of the invention granted to William Symington and his heirs or appointees were to be protected by Letters Patent for a period of fourteen years.
William Symington doubtless made use of this official document when he approached the Glasgow steam ship owners for compensation and in his law suit against Henry Bell for infringement of his patent. However, the steamboat proprietors were unconvinced and Symington lost his case against Bell.
His patent specification had described only a basic concept of a very specific mode of propulsion, that is, a horizontal engine driving a paddle wheel by an arm and crank. Clearly this was insufficient to impress as a “new” invention which applied to vessels in use at the time he made his claim.
The present document follows a similar format to a near contemporary version of a generic patent document, published in English in 1826, “The form of Letters Patent for Inventors”. I have used this version as a guide in my attempt to translate the document from the latin.
REFERENCES
Goodson, Richard, The Law of Patents of Inventions and of Copyright London 1832
Wyatt, W.H., A Compendium of the Law Of Patents for Inventions.
London 1826
Report from the Select Committee on The Law Relative to Patents For Inventions.
The House of Commons, Printed 12 June 1829.
DESCRIPTION OF THE 1801 PATENT DOCUMENT IN THE MELBOURNE MUSEUM
The front cover of the document is inscribed:
Carta Don: Gulielmi Symington Inventionis suae intus script
1801
A small label is affixed below the above inscription: "I. & T. Museum Melbourne 17853". The rear cover is soiled and water damaged, and bears the numeral 13 at the top with an indecipherable script at the base of the cover, followed by the number 441.
The document is written in latin in an archaic script on parchment 30 cm by 27 cm., comprising two leaves secured at the central fold by a red and yellow woollen thread, forming six pages of script, each page signed at the foot by James Dundas and A. D. Wilson. The seal has been detached. A pendent seal was probably attached to the right lower corner of final page which has been cut away.
An inscription at the foot of the last page reads:
"Edinburgh 22nd July 1802
Signed A. D. Wilson Dept.
£80 Scots"
It is difficult to make a totally accurate transcription of this document which is soiled and has some water damage. Some of the text has been rendered illegible, especially where the document had been folded.
TRANSCRIPTION OF THE PATENT DOCUMENT
PAGE 1
Georgius Tertius Dei gratia Britanniarum Rex fidei defensor Om:
nibus probis hominibus ad quos praesentes Literae nostrae pervenerint
salutem quandoquidem nos considerantes quod Gulielmuo Syming:
ton machinator apud Kinnaird in vicecomitatu de Stirling in illa parte regni
uniti magnae Britanniae Scotia voca.d per suam petitionem nobis humiliter
representavit Se magno studio et applicatione invenisse explorasse et excogi:
tasse ut in vulgari sequitur viz.d "a new mode of Steam Engines
and applying their power to the purposes of producing rotatory and other mo:
tions without the interposition of a Lever or Beam" quam Inventionem con:
cipit magnae fore publicae utilitatis petitorem primum verumque Inventorem
ejusdem esse eandemque neque usitatam vel practicatam fuisse per ullam a:
liam personam personasue quaseunque ut vere credit et intellegit igitur hu:
millime supplicavit ut nobis gratiose placuerit concedere illi ejusque Execu:
toribus administratoribus et Assignatis nostrae regiae Literae patentes sub
sigillo postea mentionato pro solo usu beneficio et commodo … ejus Inven:
tione intra illam partem regni nostri uniti magnae Britanniae et Hiberniae
Scotiam voca.d pro termino quatuordecem annorum secundum Statutum in
eo casu factum et provisum Nos autem omnes artes et inventiones quae ad
publicam utilitatem conducere possint promovere volentes F. circo * ex gratia
nostra speciali certa scientia et proprio motu pro nobis haeredibus et succes:
soribus nostris Dedimus et concessimus sicuti tenore praesentium Damus et
concedimus memorati Guglielmo Symington executoribus administratori:
bus et assignatis suis nostram specialem licentiam plenam potestatem solum
privilegium et auctoritutem quod dictus Gulielmus Symington Executores
administratores et assignati ejus per … vel talem aliam personam qua:
lem ille velilli statuent vel concori abunt et nulli alij a tempore in tempus
et omnibus temporibus futuris durante annorum termino in praesentibus
expresso facient utentur et ve…ent dictam Inventionem intra eam regni
nostri
*The spelling or meaning of words marked why an asterix is unclear or uncertain
PAGE 2
nostri uniti magnae Britanniae et Hiberniae partem Scotiam voca.d tali modo
quo dicto Gulielmo Symington Executoribus administratoribus et assigna:
tis suis vel cuilibet eorum pro arbitrio sue expedire visum fuerit Et ut ille et il:
li gaudeant acfruantur omnibus proficuis beneficijs et emolumentis ex:
dicta Inventione de tempore in tempus accrescentibus et exsurgentibus
pro et durante termino annorum in praesentibus mentiona.d Tenens et habens
exercens et potiens dictam licentiam potestates privilegia et commoditates
in praesentibus supra concess. vel concedi mentiona.d dicto Gulielmo Syming:
ton Executoribus administratoribus vel assignatis suis pro et durante spa:
tio quatuordecem annorum et usque ad plenum exitum et terminum erum
a data praesentium proxime et immediate insequen Et ut dictus Gulielmus
Symington executores administratores et assignati sui et quilibet eorum
solo usu et beneficio dictae Inventionis secundum gratiosam nostram intentio:
nem in praesentibus declara.d frui ac gaudere possint noc tenore praesentium
pro nobis haeredibus et successoribus nostris requirimus ac stricte praecipimus
omnibus et singulis personae vel personis corporibus politicis et corporati… in:
tra eam regni nostri uniti partem Scotiam vocatam quatemus neque illi nec
quispiam eorum durante spatio praedic.d quatuordecem annorum per praesen:
tes concesso directe vel indirecte dictam Inventionem vel ullam partem eius:
dem sic a praedicto Gulielmo Symington ut praemittitur eo cogitatam facti:
tent utantur aut in pra.in reducant neque ullo modo eandem assimulent
imitentur vel representent neque ci quicquam addi vel detrahi faciant vel
faciendum procurent qua illi vel illis tanquam ejusdem inventori vel In:
ventoribus excogitatori vel excogitatoribus venditandi praetestus Ali:
quis arripiatur absque licentia consensu vel pacto a dicto Gulielmo Syming:
ton Executoribus administratoribus vel assignatis ejus in scripto sub illius
vel illorum manibus prius in eam rem habitis et obtentis sub talibus paenis
et muletis quae ejus…. offensoribus ob regij nostri mandati contemptum
juste
PAGE 3
juste poterunt irrogari utque praeterea dicto Gulielmo Symington Executo:
ribus administratoribus vel assignatis suis pro dominis illi vel illia exinde:
orientibus * ex lege respondeant In super nos tenore praesentium pro nobis
haeredibus et successoribus nostris mandamus ac praecipimus omnibus et
singulis vicecomitibus Senescallis Balivis regalitatis Trenarehis * magis:
tratibus omnibusque alij nostrum et haeredum et successorum nostrorum of:
ficiarijs et ministris quibusuenque pro tempore existentibus quatenus ne:
que illi nec quispiam eorum ullo tempore futuro durante tempore per prae:
sentes concesso dictum Gulielmum Symington executores administrato:
res vel assignates ejus vel quem libet eorum vel ejus sive eorum deputatos
Servos vel agentes in vel circa debitum et legitimum usum vel exercitium
dic.d Inventionis velrei eujuscunq. ad eam spectam * molestiant afficiant vel impediant
proviso semper sicuti tenore praesentium expresse provisum et declaratum est ut si quovis
duran dic.d termino per praesentes concess. nobis haeredibus et successoribus nostris autqui:
buslibet sex vel plurious eorum qui nobis vel illis a s…ibus …ijs erunt mani
… reddetur hanc nostram concessionem legi contrariam vel subditis nostris
majore exparte damnosam vel incommodam esse vel dic.d Inventionem quo ad publi:
cum ejus in illa parte regni nostri uniti Scotia voca.d usum et exercitium non
esse novam Inventionem vel a dicto Gulielmo Symington ut praedicitur
non esse inventam vel excogitatam .umper ejus rei significantionem a nobis haeredi:
bus vel successoribus nostris sub nostrum vel eorum signeto vel sigillo privato vel a Domi:
nis alij… nostri vel eorum secreti concilii vel quibus libet Sex vel pluribus eorum ma:
nuum suarum subscriptione faciendam praesentes hae literae penitus cessa:
bunt finem capient ac prorsue ad omnes intentus et proposita irritae fient
quacunque re in hac Carta supra ante.d in contrarium nullatenus ob…
te proviso etiam quod praesentes hae Literae vel res quaepiam eiusje autem
non extendent neque extendi judicabuntur ad privilegium ….
dicto Gulielmo Symington executoribus administrataribus et assignatis
suis
*The meaning of the words or phrases marked by an asterix is unclear
PAGE 4
suis vel cui libet eorum utendi imitandi vel faciendi quodcunque Inventum
vel opus quod prius ab ullis subditis nostris quibuseunque excogitatum
aut inventum publiceque in praedicta regni nostri uniti parte Scotia voca.d
factitatum vel exercitatum fuerit quibus similes Literae patentes pro solo
usu exercitio et beneficio ejusdem antea concesse fuerant nostra enim mens
et voluntas est ut dictus Gulielmus Symington executores administrato:
res et assignati sui omnesque aliae et singulae persona et personae quibus hu:
jusmodi Literae patentes seu privilegia jam antea ut praemittitur concessa
fuerant varias suas Inventiones ab ipsis repertas distincte utantur et exerce:
ant secundum verum intentum et intellectum earundem literarum patentium
atque harum praesentium respective proviso insuper nihilominus sicuti per
praesentes expresse provisum et declaratum est ut si dictus Gulielmus Syming:
ton ejus exentores administratores et assignati autulli eorum vel quae libet
persona vel personae quae ullis tempore vel temporibus futuris durante qujus
concessionis s..is ullum ius titulu. Seu interesse in sette vel aequitate de
in vel ad potestatem privilegium et auctoritatem solius usus et beneficii dic:
tae Inventionis per praesentes concess. habuerint seu arrogaverint vel ..
bere seu arrogare potuerint ullam translationem seu assignationem dic.d
libertatis et privilegij vel eujuslibet partis sue partium beneficij seu lucri
ejusdem fecerint euisunque numero personarum numerum quinque exce:
denti eo consilio ut aliquae pecuniarum summa vel summae sub praetex:
tu dictae libertatis seu privilegij per praesentes concessi procurandi leven:
tur vel per scipsum vel scipsos aut ipsius sive ipsorum agentes et Servos
ullae pecuniarum summam vel summae quaseunque a quocunque nu:
mero personarum numerum quinque in univesum excedente ad ejus mo:
di vel similes intentus acceperint vel se tanquam corpus politicum rem
gerere praesumpserint vel …um literarum praesentium beneficium liber:
tatemque et privilecta mibiu. nobis concessa euislibet numero personarum
numeram
PAGE 5
numerum quinque excedenti diviserint aut quodvis autum rem vel materi:
am quameunque commiserint seu egerint vel committi seu agi procura:
verint durante tempore quo ejusmodi persona vel personae lucrum vel titu:
lum aliquem in lege seu aequitate de in vel ad praemissa supra dic.d quae con:
traria essent vero intentui et intellectui eujusdam acti parliamenti anno sex:
to regni charissimi nostri proavi Georgia primi intitula.d "an act for the better
securing certain powers and privileges intended to be granted by his Majesty
by two Charters for assurance of ships and merchandizes at sea and for len:
ding money upon Bottomry and for restraining several extravagant and
unwarrantable practices therein mentioned" si hae Literae nostrae patentes
haud concesse fuissent aut in casu quo dic.d potestas privilegium seu aucto:
ritas ullo tempore futuro pluribus quam ad numerum quinque persona:
rum aut earum vicem represantantium uno aliquo tempore in possessio:
nem dari seu in fidem committi contigerit haeredibus vel executoribus pro
inanus pers… … computis quoad … ..to inter esse quale ju:
… gestatoris vel Intestatoris intitulantur vel intitulabuntur tum et in quolibet prae:
dic.d casuum hae Literae patentes omniaque privilegia et emolumenta quae:
eunque in ijusdem concessa penitue cessabunt finem habebunt ac irrita fi:
ent quacunque re in hac Carta supra conten.d in contrarium nulla tenue
obstante et denique nos pro nobismetipsis nostrisque haeredibus et successo:
ribus concedimus dicto Gulielmo Symington ejusque executoribus admi:
nistratoribus et assignatis ut haec praeseus Carta nostra in omnibus et per om:
nia bona firma valida sussiciens atque in lege efficax existat secundum
verum intentum ac intellectum ejusdem utque eadem accipiatur interpretur
ac intelligatur sensu maxime favorabili atque benefico ad summa……
ate in dicti Gulmielmi Symington Executorum administratorum et
assignatorum suorum tam intra omnes curiae nostrae quam alibi et ab
omnibus et singulis officiarijs et ministris quibuseunque heredum et suces:
sorum
PAGE 6
nostrosum in ea regni nostri uniti parte Scotia voca.d et inter omnes
et singulos subditos nostros haeredum et successorum nostrorum quaseunq:
et ubieunque providen quod dictus Gulielmus Symington intraspatium
quatuor mensium calendariorum a data qujue donationis computandum
particularem descriptionem naturae dictae Inventionis et quo in modo eadem
est exequenda per scriptum sub ejus manu et sigillo in Curia nostrae cauces
lariae * in illa parte dicti regni nostri uniti magnae Britanniae et Hiberniae
Scotia voca.d inscribi et ingrossari faciat aliter hae Literae patentes vacuae
et inanes fient in cujus rei testimonium Sigillum nostrum per uni:
onis tractatum custodiens et in Scotia vice et loco magni sigilli ejusis utens.
ordina.d praesentibus appendi mandavimus apud autlam nostrum apud
St. James's vigesimo quinto die mensis augusti anno Domini millesimo
octingentesimo et primo regnique nostri anno quadragesimo primo
per signaturam manu $:*: *: …is supra scrip.d
written to the seal and ……
the twenty first day of November 1801
James Dundas Dept.
Sealed at Edinburgh the Twenty Second day of July Eighteen hundred & two years
A D Wilson Subs (£80 Scots)
*The meaning of the phrase and hieroglyphics marked by asterix is unclear
MY TRANSLATION FROM THE LATIN
PAGE 1
George the Third King of Britain, by the Grace of God, defender of the faith to all good men to whom our present Letters shall come, greetings. Whereas William Symington, engineer, of Kinnaird in the county of Stirling in that part of the united kingdom of Great Britain called Scotland by his petition humbly represented to us after much study and application to have invented tested and contrived that which in the vernacular follows namely “a new mode of Steam Engines and applying their power to the purposes of producing rotatory and other motions without the interposition of a Lever or Beam” which invention he conceives will be of great public utility. The petitioner is the first and true inventor thereof and the same has not been used or practised by any other person or persons to the best of his knowledge and belief and he therefore humbly entreats that it pleases us to grant to him and his executors administrators and assigns our royal letters patent under the seal hereafter mentioned for the sole use benefit and advantage of his invention within that part of our united kingdom of Great Britain and Ireland called Scotland for the term of fourteen years according to the law in that case made and provided for. We being willing to promote all arts and inventions which may be for the public good wishing from our special grace certain knowledge and proper motion have given and granted by these presents on behalf of our heirs and successors and we give and grant unto the said William Symington his executors administrators and assigns our special licence full power sole privilege and authority that the said William Symington his executors administrators and assigns or such other persons that they wish to state or shall agree with and no others from time to time and at all times hereafter during the term of years herein expressed shall lawfully make use of the said invention within this our
PAGE 2
our united kingdom of Great Britain and Ireland that part called Scotland in such a way that the said William Symington his executors, administrators and assigns or any of them as it shall seem expedient at their discretion that he and they shall rejoice and enjoy the whole profit benefit and commodity from the said invention from time to time growing and increasing for and during the term of years herein mentioned to have hold exercise and enjoy the said licence the powers privileges and benefits herein granted or mentioned to be granted to the said William Symington his executors administrators or assigns for and during the term of fourteen years and until the full conclusion and end from the date of these presents next and immediately ensuing and that the said William Symington his executors administrators and assigns and anyone of them may have the sole use and benefit of the said invention according to our gracious intention herinbefore declared to to be able to enjoy by these presents on behalf of our heirs and and our successors we require and strictly command all and every person or persons bodies politic and corporate within that part of our united kingdom called Scotland in so far as neither they nor any of them during the said period of fourteen years hereby granted either directly or indirectly do make use or put in practice the said invention or any part of the same thus from the aforesaid William Symington that they will they make use of or put in practice in any way counterfeit
imitate or resemble or represent the same nor shall they make or cause to be made any addition or subtraction from the same whereby to pretend himself or themselves the inventor or inventors, designer or designers thereof without the licence agreement or contract with the said William Symington his executors administrators or assigns in writing under his or their hands before first having and obtained in that behalf under such pains and penalties which can or may be justly inflicted on such offenders for their contempt of our royal command
PAGE 3
and further they will be answerable to the said William Symington his executors administrators or assigns on behalf of the master they or those from there ...? let them respond to the law Moreover we by these presents on behalf of our heirs and our successors will and command all and singular the sheriffs stewards and bailiffs of the regality the magistrates and all others our heirs and our successors our officers and ministers and whosoever for the time being in so far as neither they nor anyone do at any time hereafter during the said term granted to the said William Symington his executors administrators or his assigns or to whom it pleases them or to his or their deputies servants or agents in or about the due and legitimate use or exercise of the aforesaid Invention or anything related thereto … they may bother affect or hinder provided always these our letters patent are expressly upon this condition that if at any time during the said term hereby granted it shall be made to appear to us our heirs and our successors or any six or more of our or their privy council …. that this our grant is contrary to law or harmful or inconvenient to our subjects in general or that the said invention is not a new invention as to the public use and exercise thereof in that part of our united kingdom called Scotland or not to be a new invention not to be found or invented by the said William Symington then upon signification or declaration thereof to be made by us our heirs or our successors under our or their signature or private seal or by the Lords of our or their Privy Council or any six or more of them signed under their own hands these our letters patent shall forthwith cease determine and be completely void to all intents and purposes and any thing in this above Charter to the contrary thereof in any way notwithstanding. Provided also that these Letters patent or anything herein contained shall not extend nor be judged to extend to give privilege to the said William Symington his executors administrators and assigns
PAGE 4
or any of them to use or to imitate or make any invention or work whatsoever which has previously been found out or invented by any other of our subjects and publicly used or exercised in the before mentioned part of our united kingdom called Scotland unto whom like Letters patent have been granted for the sole use exercise and benefit of the same for it is our will and pleasure that the said William Symington and his executors administrators and assigns and all and every other person and persons to whom like Letters patent or privileges have already been granted as aforesaid shall distinctly use and practise their various inventions by them invented and found out according to the true intent and meaning of the respective letters patent and of these presents respectively
Provided
moreover nonetheless in the same way these letters patent are upon this express condition it is provided and declared that if the said William Symington his executors administrators and assigns or any person or persons whoever shall at any time hereafter during the continuance of this grant claim any right title or interest in law or equity of in or to the power privilege and sole authority of the use and benefit of the said invention hereby granted shall have or claim or they were able to make any transfer or assignment of the said liberty and privilege or of any share or shares of the benefits or profits they have made therefrom to any number of persons exceeding the number of five with the intention that some sum or sums of money under the said freedom or privileges hereby granted to procure raise or through the writing or writings or their friends or of himself their agents and servants have received any sum or sums of money whatsoever from wheresoever of this kind exceeding the number of five people in whole for suchlike intentions or shall presume to act as a corporate body or shall divide the benefit of our present letters and the liberty and privileges hereby granted unto any number of persons
PAGE 5
exceeding the number five or to have done or to have committed or procure to be committed any act matter or thing whatsoever during such time as such person or persons profit either in law or equity about in or to the said foregoing above which would be contrary to the true intent and meaning of the Act of Parliament made in the sixth year of the reign of our dearest great-grandfather king George the first entitled "an act for the better securing certain powers and privileges intended to be granted by his Majesty by two Charters for assurance of ships and merchandises at sea and for lending money upon Bottomry and for restraining several extravagant and unwarrantable practices therein mentioned" If these our Letters patent had not been granted or in case the said power or authority shall at any time hereafter be given in possession or in trust for more than the number of five persons or their representatives at any one time their heirs or executors …. …. or testator are entitled or they will be entitled then and in which said cases these letters patent and all privileges and whatsoever hereby granted will cease determine and become void each one contained above in this document on the contrary notwithstanding and finally we ourselves and our heirs and successors grant to the said William Symington and his executors administrators and assigns this our Charter everywhere and through all good things firm valid sufficient and effectual in the law according to the true intent and meaning thereof and shall be taken interpreted and understood in the most favourable and beneficial sense to the best advantage of the said William Symington and his executors administrators and assigns as well in all our courts and elsewhere and by all and singular officers and ministers whosoever of us our heirs and successors
PAGE 6
in that part of our united kingdom called Scotland and among all each and every subjects our heirs and our successors whoever and wheresoever provided that the said William Symington within the space of four calendar months to be counted from the given date the particular description of the nature of the said invention and in what manner the same is to be performed in writing under his hand and seal in our Court … … in that part of our said united kingdom of Great Britain and Ireland called Scotland to be written and registered otherwise these Letters patent will become void and empty
in witness thereof our seal through the union treaty and using the Great Seal in place of the king in Scotland we have ordered these presents to be attached at our court at St. James the twenty fifth day of the month of August in the year of the Lord eighteen hundred and one and in the forty-first year of our king’s reign
Above written in the hand of the signers
Written to the seal and ……
the twenty first day of November 1801
James Dundas Dept.
Sealed at Edinburgh the Twenty Second day of July Eighteen hundred & two years
A .. Wilson Subs (£80 Scots)