New Light on the Early History of the Keyed Bugle Part I: The Astor ...

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HISTORIC BRASS SOCIETY JOURNAL
Holden communicated the secret of the improvement to the Duke of Kent, made
a present of two of the instruments to the duke, “and procured from him the liberty of
calling the ... Instrument the Royal Kent Bugle and ... the ... Instruments were publicly
played upon by the Band belonging to the ... Duke of Kent before the ... Letters patent were
granted.” After the grant, Pace, based on the “agreement or understanding” between him
and Holden and Haliday, was employed by Holden “from time to time” to manufacture
the five-keyed bugle. Pace on his own account manufactured and sold the instrument
“from the time the ... Letters Patent were granted for the space of about three years ...
until the Improvement of the sixth key hereinafter mentioned was discovered without
any molestation or interruption from any person or persons whomsoever.”
Green declares that he does not know when the assignment of the patent rights to Tilly
was made, although he “hath heard and believes” that it was not in May 1811 but seven
years later. This is the only part of Green’s answer that makes no sense in relation to the
chronology of his story. He should have been able to calculate that that would have placed
the assignment only four months before Collins claimed he acquired the rights from Tilly;
and he knew that Holden was already dead. Perhaps “years” was an error for “months”?
According to Green, when the assignment of the patent rights was made to Tilly, it was
understood by Tilly that Pace’s rights under his agreement with Holden and Haliday
were to remain, and Pace was to continue to make and sell the five-keyed bugle without
any “interruption or molestation” from Tilly. Shortly after the assignment to Tilly, “an
improvement was made and as it is alleged by ... Haliday in the ... five keyed Bugle Horn
by the addition of a sixth hole and key.”
Green states his belief that
additional improvement is of a nature different from and so essential as
totally to supersede the use of the ... five keyed Bugle Horn, for which only
the ... Letters Parent were obtained…. [T]he most skilful musical Instrument
makers and the most Scientific musical performers are decidedly of
opinion that the five keyed Bugle Horn ... is an imperfect Instrument and
is comparatively useless without the addition of the Sixth hole and key. And
that in order to make a Bugle with the addition of the Sixth hole and key it
is necessary to [words obscured] longer than the five keyed Bugle Horn and
of a Form and shape essentially different therefrom. But ... it is not alleged
by [Collins] nor did [he] ever hear nor does he believe that ... Halliday ever
applied for or in any manner obtained Letters patent for the ... last mentioned
Improvement….
“[U]pon or immediately after” Haliday’s invention of the sixth key, Pace purchased from
Haliday
all his right, title, and Interest in the ... last mentioned Improvement at or
for [the Sum] of Fifty pounds with the knowledge of ... Tilly and ... Pace