RAISING AND CUL- TIVATING THE PLANT WHICH ARE COMMONLY CALLED OR DO PRODUCE THE BALSAM OF
Year: 1722

page_text: como greeting.
to who:n these I resonts shall
WHEREAS our trusty and welbeloved GEORGE SINCLAR hath by his
peticon humbly represented vnto vs, that he practised physick in Jamaica, and
had a plantačon there, which in the year One thousand seven hundred and
thirteen was destroyed by the Spaniarde, and he was soon after taken at the
Bay of Campeachy, and carried prisoner to the City of Mexico, where he was
received into favour of the Viceroy, Don Gasper de Valero, and served him
in quality of his physitian between four and five years, till by instigation and
fals suggestions of the chief Spanish physitian and others, all his good and
money were seized and himself imprisoned by the space of six months, till he
found an opportunity to make his escape, and got on board an English vessell
bound for the Bahama Islande: That during his travels in America, by
means of his profession, and practising in physick, and visiting many part of
Mexico and Peru, and his constant intercourse with the native Indians for
about six years, he had great opportunities of making observations and suc
cessfull experimente, and receiving informations concerning the cultivating
and vsing severall vegitables not hitherto cultivated and vsed in our Plantacons
in America, which might be of great benefit to our subiecte and the trade of
the plantačons and Great Britain; wherefore he hath humbly prayed vs to
grant him our Royal Letters Patents for the solo vse and exercise in our
Plantacons in America, for the space of fourteen years, in "RAISING AND CUL-
TIVATING THE PLANT WHICH ARE COMMONLY CALLED OR DO PRODUCE THE BALSAM OF

page_text: TOLU, PERO, AND CAPAIR, DRAGON'S BLOOD, COLOQUINTIDA, SCAMONY, RHUBARB,
CONTRA HERBA, COFFEE, ALKERMES, JALAP, GUTTA GAMBA, JESUIT'S BARK, IPPE-
CACUANA, AGARIC, AND THE SOLE BREEDING AND CURING THE INSECT COMONLY CALLED
COCHENELE, AND THE CULTIVATING THE PLANT OR PLANT FOR THE EFFECTS AFORE-
SAID WHICH THEY FEED OR LIVE VPON," as a recompence for the pains and
expences he hath been at and is likely to sustain in bring such his discoveries
in practice in our plantačons; wee being willing to give encouragement to all
arts and invenčons which may be for the publick vtility, are gratiously pleased
to gratifie him in his request.
KNOW YEE, THEREFORE, that wee, of our especial grace, certain know-
ledge, and meer moĉon, have given and granted, and by these Presents, for vs,
our heires and successors, do give and grant vnto the said George Sinclar,
his executors, administrators, and assignes, especial lycence, full power, solo
priviledge and authority, that the said George Sinclar, his executors, admi-
nistrators, and assignes, and every of them, by himselfe or themselves, or by
his or their deputy and deputies, servants or agents, or such others as he, the
said George Sinclar, his executors, administrators, or assignes, shall at any
time agree with, and no others, from time to time during the term of years
herein expressed, shall and lawfully may have the sole vse and exercise in
our Plantačons in America in raising and cultivating the plants which are
commonly called or do produce the balsam of tolu, pero, and capair, dragon's
blood, coloquintida, scammony, rhubarb, contra herba, coffee, alkermes, jalap,
gutta gamba, jesuite bark, ippecacuana, agaric, and the sole breeding and
curing the insect commonly called cochenele, and the cultevating the plant or
plant for the effecte aforesaid which they feed or live upon, in such manner
as to him, the said George Sinclar, his executors, administrators, and assignes,
or any of them, shall in their discretions seem meet, and that he, the said
George Sinclar, his executors, administrators, and assignes, shall and lawfully
may have and enioy the whole profit, benefit, commodity, and advantage from
time to time coming, growing, accrewing, and arising by reason of the said
Invenĉon for and during the term of yeares herein menconed, to have, hold,
exercise, and enioy the said lycence, powers, priviledges, and advantages
herein-before granted or mentioned to be granted vnto the said George
Sinclar, his executors, administrators, and assignes, for and during and vnto
the full end and term of fourteen years from the date of these Presente nex
and immediately ensuing, and fully to be compleat and ended, according to the
Statute in such case made and provided. And to the end that the said George
Sinclar, his executors, administrators, and assignes, and every of them, may
have and enioy the full benefit and the sole vse and exercise of the sai

page_text: Invenčon according to our gratious intention herein-before declared, wee do
by these Presents, for vs, our heires and successors, require and strictly comand
all and every person and persons, bodies politick and corporate, and all other
our subiecte whatsoever, of what estate, quality, or degree, name or condition
soever they be, in our said Plantations in America, that neither they or any
of them, at any time during the continuance of the said term of fourteen
years hereby granted, either directly or indirectly, do make, vse, or put in
practice the said Invention so attained vnto by the said George Sinclar as
aforesaid, nor in any wise counterfeit, imitate, or resemble the same, nor shall
make or cause to be made any addition thereunto or substracčon from the
same, whereby to pretend himself or themselves the inventor or inventors,
devisor or devisors thereof, without the lycence, consent, or agreement of the
said George Sinclar, his executors, administrators, or assignes, in writing vnder
his or their hande and seales first had and obtained in that behalf, vpon such
pains and penalties as can or may be instly inflicted on such offenders for
their contempt of this our royal command, and further to be answerable to
the said George Sinclar, his executors, administrators, and assigues, according
to law for his and their damages thereby occasioned. And moreover, wee do
by these Presents, for vs, our heirs and successors, will and command all and
singular the justices of the peace, mayors, sheriffs, bayliffs, constables, head-
boroughs, and all other officers and ministers whatsoever of
vs, our heires and
successors, for the time being, that they or any of them do not, nor shall at
any time hereafter during the said terme hereby granted, in any wise molest,
trouble, or hinder the said George Sinclar, his executors, administrators, or
assignes, or any of them, their or any of their deputies, servants, or agente, in
or about the due and lawfull vse or exercise of the aforesaid inventions or
any thing relating thereto: Provided always, and these our Letters Patents
are and shall be vpon this condition, that if at any time during the said
terme hereby granted it shall be made appear to vs, our heirs or successors,
or any six or more of our or their Privy Council, that this our grant is con-
trary to law or preiudicial or inconvenient to our subiecte in generall, or that
the said Invention is not a new invention as to the publick vse and exercise
thereof in this our said Plantations in America, and not invented and found
out by the said George Sinclar as aforesaid, then, vpon the significačon or
declaračon thereof, to be made by vs, our heirs or successors, vnder our or
their signet or privy seal, or by the Lorde and others of our or their Privy
Council, or any six or more of them, vnder their hande, these our Letters.
Patents shall forthwith cease, determine, and be vtterly void to all intente
and purposes, any thing herein-before contained to the contrary in any wise
.

page_text: notwithstanding: Provided also, that these our Letters Patente, or any thing
herein contained, shall not extend or be construed to extend to give priviledge
vnto the said Georgo Sinclar, his executors, administrators, or assignes, or any
of them, to vse or imitate any invention or work whatsoeoer, which hath
heretofore been found out or invented by any other of our subiecte whatsoever,
and publickly vsed or exercised in our said Plantations in America, vnto whom
like Letters Patent or priviledges have been already granted, for the sole
vsc, exercise, and benefit thereof, it being our will and pleasure that the said
George Sinclar, his executors, administrators, and assignes, and all and every
other person and persons to whom like Letters Patente or priviledges have
been already granted as aforesaid, shall distinctly vse and practice their
several Inventions by them invented and found out, according to the true
intent and meaning of the same respective Letters Patente and of these
Presente Provided likewise, nevertheless, and these our Letters Patente are
vpon this express condition, that if the said George Sinclar, his executors or
administrators, or any person or persons which shall or may at any time or
times hereafter during the continuance of this grant, have or claim any right,
title, or interest in law or equity, of, in, or to the power, priviledge, and
authority of the sole vse and benefit of the said Invention hereby granted,
shall make any transferr or assignment, or any pretended transferr or assign-
ment of the said liberty and priviledge, or any share or shares of the benefit
or profit thereof, or shall declare any trust thereof to or for any number of
persons exceeding the number of twelve, or shall open or cause to be opened
any book or books for publick subscripcons to be made by any number of
persons exceeding the number of twelve, in order to the raising any sume or
sumes of money, vnder pretence of carrying on the said liberty or priviledge
hereby granted, or shall by him or themselves, or his or their agent or servante,
receive any sume or sumes of money whatsoever of any number of persons
exceeding in the whole the number of twelve, for such or the like intents or
purposes, or shall presume to act as a corporate body, or shall divide the
benefit of these our Letters Patente, or the liberty and priviledges hereby
by vs granted, into any number of shares exceeding the number of twelve,
or shall comitt or do, or procure to be committed or done, any act, matter, or
thing whatsoever, during such time as such person shall have any right or
title, either in law or equity, in or to the said premisses which will be contrary
to the true intent and meaning of a certain Act of Parliament made in the sixth
year of our reign, intituled (An Act for the better securing certain Powers
and Priviledges intended to be granted by His Maiestie by Two Charters, for
Assurance of Ships and Merchandizes at Sea, and for lending Money vion

page_text: Bottomry, and for restraining severall extravagant and vnwarrantable Practices
therein mentioned,) if these our Letters Patente had not been granted, or in
case the said power, priviledge, or authority shall at any time hereafter
vested in trust for more than the number of twelve persons or their reprosen-
tatives at any one time (reckoning executors or administrators as and for the
single person whom they represent, as to such interest as they are or shall be
intituled to in right of such their testator or intestate); that then and in any
of the said cases, these our Letters Patents, and all liberties, priviledges, and
advantages whatsoever hereby granted, shall vtterly cease, determine, and
become void, any thing herein-before contained to the contrary thereof in any
wise notwithstanding. And lastly, wee do by these Presente, for vs, our heirs
and successors, grant vnto the said George Sinclar, his executors, administrators,
and assignes, that these our Letters Patente, or the inrollment or exempli-
fication thereof, shall be in and by all thing good, firm, valid, sufficient, and
effectual in the law, according to the true intent and meaning thereof, and
shall be taken, construed, and adiudged in the most favourable and beneficial
sense for the best advantage of the said George Sinclar, his executors, admi-
nistrators, and assignes, aswell in all Courte of Record as elswhere, and by
all and singular the officers and ministers whatsoever of vs, our heires and
successors, in our said Plantačons in Amèrica, and amongst all and every the
subiect of vs, our heires and successors, whatsoever and wheresoever, not-
withstanding the not full and certain describing the nature or quality of the
said Invenčon, or of the materials thereto conducing and belonging.
In witness, &c. Witness our selfe at Westminster, the Sixteenth day