John Kay (spinning frame)
Encyclopedia
John Kay was a clockmaker
Clockmaker
A clockmaker is an artisan who makes and repairs clocks. Since almost all clocks are now factory-made, most modern clockmakers only repair clocks. Modern clockmakers may be employed by jewellers, antique shops, and places devoted strictly to repairing clocks and watches...

 from Warrington
Warrington
Warrington is a town, borough and unitary authority area of Cheshire, England. It stands on the banks of the River Mersey, which is tidal to the west of the weir at Howley. It lies 16 miles east of Liverpool, 19 miles west of Manchester and 8 miles south of St Helens...

, Lancashire
Lancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...

, England known for the scandal associated with the invention of the spinning frame
Spinning frame
The spinning frame is an Industrial Revolution invention for spinning thread or yarn from fibers such as wool or cotton in a mechanized way. It was developed in 18th century Britain by Richard Arkwright and John Kay.-Historical context:...

 in 1767: an important stage in the development of textile manufacturing
Textile manufacturing
Textile manufacturing is a major industry. It is based in the conversion of three types of fibre into yarn, then fabric, then textiles. These are then fabricated into clothes or other artifacts. Cotton remains the most important natural fibre, so is treated in depth...

 in the Industrial Revolution
Industrial Revolution
The Industrial Revolution was a period from the 18th to the 19th century where major changes in agriculture, manufacturing, mining, transportation, and technology had a profound effect on the social, economic and cultural conditions of the times...

 (he constructed the first known frame, and is one of the claimants to having been its inventor). He is sometimes confused with the unrelated John Kay who invented the flying shuttle
John Kay (flying shuttle)
John Kay was the inventor of the flying shuttle, which was a key contribution to the Industrial Revolution. He is often confused with his namesake: fellow Lancastrian textile machinery inventor, the unrelated John Kay who built the first "spinning frame".-Life in England:John Kay was born...

 thirty years earlier.

John Kay and Thomas Highs

In 1763, Kay was a married clockmaker in Leigh
Leigh, Greater Manchester
Leigh is a town within the Metropolitan Borough of Wigan, in Greater Manchester, England. It is southeast of Wigan, and west of Manchester. Leigh is situated on low lying land to the north west of Chat Moss....

. His neighbour, Thomas Highs
Thomas Highs
Thomas Highs , of Leigh, Lancashire, was a reed-maker and manufacturer of cotton carding and spinning engines in the 1780s, during the Industrial Revolution...

, was an inventor, and the two collaborated in textile-machinery experiments. Exactly what technologies, and contributions the two men worked on then became the subject of several controversial court-cases, but among other things, Kay and Highs probably investigated textile-spinning
Spinning (textiles)
Spinning is a major industry. It is part of the textile manufacturing process where three types of fibre are converted into yarn, then fabric, then textiles. The textiles are then fabricated into clothes or other artifacts. There are three industrial processes available to spin yarn, and a...

 by means of rollers.

(By 1763, weaving had been greatly automated, but spinning was still done by hand wheel
Spinning wheel
A spinning wheel is a device for spinning thread or yarn from natural or synthetic fibers. Spinning wheels appeared in Asia, probably in the 11th century, and very gradually replaced hand spinning with spindle and distaff...

. Research into using mechanical rollers to replace hand spinning had started in the first half of the century; Lewis Paul had the first model in 1738, but further development was needed to make it profitable.)

Though they made many trial machines, these three years of research were limited by their lack of capital
Capital (economics)
In economics, capital, capital goods, or real capital refers to already-produced durable goods used in production of goods or services. The capital goods are not significantly consumed, though they may depreciate in the production process...

, and they were unable to perfect any designs.

John Kay and Richard Arkwright

In 1767, Richard Arkwright
Richard Arkwright
Sir Richard Arkwright , was an Englishman who, although the patents were eventually overturned, is often credited for inventing the spinning frame — later renamed the water frame following the transition to water power. He also patented a carding engine that could convert raw cotton into yarn...

 (wig-dealer and entrepreneur
Entrepreneur
An entrepreneur is an owner or manager of a business enterprise who makes money through risk and initiative.The term was originally a loanword from French and was first defined by the Irish-French economist Richard Cantillon. Entrepreneur in English is a term applied to a person who is willing to...

) engaged Kay's clockmaking skills in the construction of brass wheels (ostensibly for a "perpetual motion machine"). Six months later, after Kay had moved back to Warrington, Arkwright persuaded him to make a roller-based spinning-machine. Kay built a model machine for Arkwright in 1767 which became the fore-runner of the useful technology.

(Following the patent trials of the 1780s, it was variously claimed that: Arkwright had envisaged the design before meeting Kay, that Kay had stolen High's ideas, or that Kay conceived the machine as well as building it.)

After Kay's prototype
Prototype
A prototype is an early sample or model built to test a concept or process or to act as a thing to be replicated or learned from.The word prototype derives from the Greek πρωτότυπον , "primitive form", neutral of πρωτότυπος , "original, primitive", from πρῶτος , "first" and τύπος ,...

 convinced Arkwright of its feasibility, they moved to a secluded room in Preston, where Kay improved the technology through 1768, claiming to be developing a longitude machine. The secrecy and humming noises emanating from their experimental parlour led to accusations of witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...

. Though Arkwright was not rich, he took Kay to Preston as a "servant", with Kay giving his bond
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...

 to serve Arkwright for twenty-one years and to keep their methods secret.

They relocated to Nottingham, and in 1769 constructed the first working mill to use the new machine. Arkwright patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

ed the machine in 1769, without mentioning Kay, his "workman". Through another Nottingham inventor, James Hargreaves
James Hargreaves
James Hargreaves was a weaver, carpenter and an inventor in Lancashire, England. He is credited with inventing the spinning Jenny in 1764....

, Kay learned of this patent, and told Hargreaves that it was he, Kay, who was its true inventor. Arkwright accused Kay of leaking
News leak
A news leak is a disclosure of embargoed information in advance of its official release, or the unsanctioned release of confidential information.-Types of news leaks:...

 its design to Hargreaves, and the two fell out; Kay accused Arkwright of stealing his work tools, and Arkwright filed a counter-charge. In the end, Kay fled Arkwright's Nottingham house (where he lived at the time) - permanently dissolving their relationship.

Later developments

The original spinning mill they constructed in Nottingham
Nottingham
Nottingham is a city and unitary authority in the East Midlands of England. It is located in the ceremonial county of Nottinghamshire and represents one of eight members of the English Core Cities Group...

 in 1769 was powered by horses, an expense making the operation unprofitable. But, the concept was proven
Proof of concept
A proof of concept or a proof of principle is a realization of a certain method or idea to demonstrate its feasibility, or a demonstration in principle, whose purpose is to verify that some concept or theory that has the potential of being used...

, allowing Arkright to gather investor
Investor
An investor is a party that makes an investment into one or more categories of assets --- equity, debt securities, real estate, currency, commodity, derivatives such as put and call options, etc...

s, and construct a more elaborate water-powered mill. That mill
Cromford Mill
Cromford Mill was the first water-powered cotton spinning mill developed by Richard Arkwright in 1771 in Cromford, Derbyshire, England, which laid the foundation of his fortune and was quickly copied by mills in Lancashire, Germany and the United States...

 (build in Cromford
Cromford
Cromford is a village, two miles to the south of Matlock in the Derbyshire Dales district in Derbyshire, England. It is principally known for its historical connection with Richard Arkwright, and the Cromford Mill which he built here in 1771...

 1771) powered its "spinning frame" economically from the Derwent
River Derwent, Derbyshire
The Derwent is a river in the county of Derbyshire, England. It is 66 miles long and is a tributary of the River Trent which it joins south of Derby. For half its course, the river flows through the Peak District....

 - making it the "water frame
Water frame
The water frame is the name given to the spinning frame, when water power is used to drive it. Both are credited to Richard Arkwright who patented the technology in 1768. It was based on an invention by Thomas Highs and the patent was later overturned...

". It revolutionized the industry
Derwent Valley Mills
Derwent Valley Mills is a World Heritage Site along the River Derwent in Derbyshire, England, designated in December 2001. It is administered by the Derwent Valley Mills Partnership. The modern factory, or 'mill', system was born here in the 18th century to accommodate the new technology for...

 and made Arkwright and partners - but not Kay - wealthy men.

In 1781, Arkwright went to court to protect his patent rights (against infringers
Patent infringement under United Kingdom law
In the United Kingdom, a patent provides its proprietor with the right to exclude others from utilizing the invention claimed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent.- Legislation :Infringement under...

). Four years later (in a long-running court battle) Highs, Kay and Kay's wife (Sarah) all testified that Arkwright had stolen High's invention of the rollers "by the medium of Mr Kay". Because of his own testimony, and because he had fled his bond with Arkwright under a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 charge, the character and veracity of John Kay were questioned in the trial. But the judge did not require that the jury be convinced of the intellectual property theft; he instructed them to set Arkwright's patent aside (even if they thought he was its inventor) if they believed that it was insufficiently novel
Novelty (patent)
Novelty is a patentability requirement. An invention is not patentable if the claimed subject matter was disclosed before the date of filing, or before the date of priority if a priority is claimed, of the patent application....

, or that he had failed to adequately describe it in his patent
Sufficiency of disclosure
Most patent law systems require that a patent application disclose a claimed invention in sufficient detail for the notional person skilled in the art to carry out that claimed invention. This requirement is often known as sufficiency of disclosure or enablement, depending on the...

. The jury immediately found against Arkwright (a popular verdict) but no rights were ever transferred to Highs or Kay.
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