REASONS Offered against the Passing of Sir Samuel Morland's Bill TOUCHING WATER-ENGINES.  
1. ALthough it's not gainsaid, 
21 Jac. cap. 3.  but that Parliaments have granted and confirmed Powers and privileges for the sole making and vending of some Commodities, and may and can, if they see cause, do the like in other like Cases; yet it's humbly conceived and hoped, since it hath been and is the judgement of Parliament formerly declared, That all restraints, matters, and things any way tending to the erecting, furthering, and countenancing of Monopolies are altogether contrary to the Law, and so voided, and not to be put in execution; and that the force and validity thereof ought to be examined and determined according to the Common Laws of this Realm, and not otherwise: that therefore the wisdom of this Parliament will be the more strict and cautious before any such Restraint and sole privilege abridging the liberty of others, be by their sanction granted in the present Case, notwithstanding the pretence of public good, which is usually in such things suggested.  
2. The cause and ground mentioned as the inducement to pass the Bill for his sole making and using the Water-Engines, is in general only, that he hath invented the making of several new Pumps and other Water-Engines for raising and forcing up great quantities of water to great heights; which is a suggestion that if admitted, is conceived not to be a fit foundation for the structure he would erect: For that, 1. He may possibly invent that which others, unknown to him, may have invented before, who would by such means be utterly deprived of their just Labours and livelihoods, the avoiding whereof was the cause that the Liberty reserved for Grants for Fourteen years by the Statute of 21 Jac. c. 3. restrains them to the first and true inventors. 2. The suggestion mentions his inventing the making of several new Pumps and other Water-works; but the Bill, as endeavoured by him to pass, deprives all others of the making and using of all such, although they have invented likewise the making of several new Pumps and Water-words. 3. Any small circumstantial Addition invented to Pumps and Water-works, may be styled, as to that part, an invention thereof, when nothing else was new; by which pretence also he would endeavour to exclude the Inventions of others: whereby all Attempts of this kind by others, must be laid aside until Sir Samuel please.  
3. The Bill as desired by him to pass, gives him the sole property not only of these, but of such Additions and Improvements as he shall hereafter make of them; though no man doth or can know what may be pretendedly included either in such past Inventions or such future Additions.  
4. There is however a Proviso in the Bill, that it shall not prejudice any person whose Engine differs in the principal parts from his; but what can be meant by those Principal parts, is impossible to be known, unless it be with respect to Pipes of Timber, succours, Forcers Valves, and such-like; which are the principal parts of every Pump: Nor is it to be hoped that most Justices of the Peace or others concerned should be capable of distinguishing in matters of this peculiar Mystery; and therefore in all Letters-Patents for Monopolies for Fourteen years, there is usually a certain Clause to make them voided, if any other should appear to be the first inventor of the thing granted.  
5. Sir Samuel by the Bill is within three Moneths after the Royal Assent, to deliver in perfect Models of the said Inventions; but for his new Additions, any time after shall be sufficient.  
6. In the mean time Sir Samuel having already a Patent to make search and discover what others are doing in this kind, how shall men be sure he will not present the Models of other mens Inventions as his own past achievements; or that he will not at any time hereafter present the succeeding Endeavours of other men, as the new Additions of his own?  
7. The Bill lays a severe penalty upon those that imitate Sir Samuel's past Inventions, or subsequent Additions; though it is impossible to know either what they are, or will be: and so in this case as impossible to avoid being ruined by laudable Endeavours for nothing but public good.  
8. By the Bill endeavoured to pass, all Persons whatsoever, though inventors and Users of Water-Engines, are servile and made liable to severe penalties, either pecuniary or corporal, and that without Bail, no Saving being therein otherewise than as aforesaid; which yet is never omitted in Letters-Patents of this kind, and rarely, if at all, in Acts of Parliament; and especially when divers others who know nothing of this endeavour have, by their great industry and expenses, found out several ways of raising Water with greater facility that it's believed these in question will do, especially as to the proper applications of various Engines to divers sorts of Mines or other Works.  
9. The Bill as endeavoured to pass, takes away the liberty of every Owner of Houses and Mines, as to their Pumps, and of the City of London, and every other Corporation who have Engines formerly invented for quenching of Fires, &c. That they shall not make use of what persons they please to form their Pumbs and Engines, though such as were formerly made without a Licence from Sir Samuel Morland his Executors, Administrators, or assigns.  
10. The Bill erects a Judicatory before two Justices of Peace, without any Appeal mentioned to be from them: which though done sometimes in some Criminal Cases, and of a public concern, yet not usual to be in the Case of the private Commodity of any single person, and where Property will be the Question: namely, whether of the Parties be the first inventor, or whether the Act extend to the thing in question. And moreover, in case of an Action brought for the Forfeiture, it gives power to give in Evidence the Conviction before the Justices; whenas the Witnesses themselves may be alive, and having before perhaps given their Evidence in the absence of the party complained of, may now, if produced, give an opportunity to be cross-examined; that course being used in all Courts of Judicature, and the contrary way using Paper-Testimonies an occasion often of concealing Truth, and of introducing Perjury.  
11. If the thing itself be no Monopoly but a New Invention, and Sir Samuel Morland the first and true inventor, it's conceived he may in the ordinary way have recourse for Letters-Patents for Fourteen years: And if it be in itself a Monopoly, it's humbly hoped the Parliament will not, especially upon the Considerations aforesaid, make it otherwise, but suffer it to stand or fall as such.   

AN ANSWER TO Sir Samuel Morland's Paper.  
THe Reasons within mentioned were formerly given to divers Members of Parliament in Writing; whereupon a printed Paper is since dispersed, under the Title of Sir Samuel's Answer to them: But no Answer to any of them appearing therein, it was thought fit, instead of Replying, to print the said Reasons.