AN ANSWER TO Mr. Fitzgerald's State of the CASE Concerning the PATENT OF Making Salt Water Fresh. Licenced, Jan. 16. 1694/ 5. D. Poplar. LONDON, Printed in the Year, 1695. A Preliminary to the Work. MR. Fitz-Gerald 's Publishing his State of the Case, showeth the Necessity that it should be Answered, and sufficiently Justifieth the Design of the following Discourse, which needs not any Recommendation. When there is an Art found out by some person, which might be Infinitely Advantageous to the Public, and is known to be Demonstratively True in itself; and (though the Secrets thereof are yet undiscovered) many are arisen up Pretenders to it, who sharply Contend to Enjoy to Themselves the Exercise of it, whether they understand it or not, carrying the Noise through several Nations, and Troubling the World about it, Few persons are so extraordinarily Employed, but will probably spare some of their Minutes to be satisfied in the Truth of this matter; to be able to judge whose the Right is, and who do the Wrong, that the Right Person may be Encouraged cheerfully to proceed, and the Wrong be restrained wholly from meddling. They may be known, both the one and the other, by their Proofs and past actions: It is too well understood that Mr. Fitz-Gerald, with his Partners, had long ago Obstructed Mr. Walcot 's Letters Patents granted for his Art of making Sea-water Fresh, Clear and Wholesome, by procuring a Patent for themselves, and had taken great Freedom of the Press to Prejudice W. W. And the two last Sessions of Parliament set themselves to oppose the Passing of his Bill, and brought in their state of the Case (as they termed it) to the Committee of the Lords, March 1692, (which is placed Entire on the next following side.) This forceth a Necessity of giving an account of the Truth, and to unravel the whole matter, which they would on purpose make perplexed, and unintelligible. They ever since their first appearing to Contend, have incessantly busied themselves in Soliciting Great Personages to maintain their Interest against W. W. And if by their Specious Pretences they have so far Prevailed with any as to give them Countenance, W. W. is apt to believe, that those Honourable Persons they have presumed to Apply to, when rightly informed of the very Truth of the Case between Him and Them, and their Manner of Dealing, will soon withdraw their Favour, and leave them to themselves. But if Mr. Fitz-Gerald with his Partners can still succeed in Freventing W. W. to obtain an Act of Parliament, the Benefit of the Art will be Lost to the Nation, which is obvious in the subsequent Narrative. It is not intended to anticipate the Minds of any Persons, but to open the Matter gradually, only as Mr. Fitz Gerald offers the Occasion, that thereby a true Judgement may be made, by any Person, on the Whole. The State of the CASE concerning the Patent of making Salt Water Fresh, as it stands between Mr. Walcot of the one part, and the Lord Falkland, William Bridgman Esq Mr. Fitz-Gerald, and several others on the other part. KIng Charles the Second, about sixteen years since, Granted to the said Mr. Walcot, a Patent for making Salt Water Fresh, with a particular Clause, That he should put the same in Execution within seven years, or some less time, or his Patent should be void; and with this farther Condition, That if at any time hereafter it should appear to be inconvenient or prejudicial to His Majesty's Subjects, and made so to appear to six of the Privy Council, it should for that reason be void, and his Patent soon after to be Canceled; His Majesty soon after this Grant, was invited by Mr. Walcot, to see the Operation of his Engine and Invention, which was of too great Dimension, and so extremely hot, and for other Causes then appearing, it was not found Practicable at Sea, and about six years after the said Grant to Mr. Walcot, Mr. Fitz-Gerald, upon the Encouragement of the late Mr. Boyl, made a Discovery of a new, easy and practicable way of making Salt Water Fresh and Wholesome at Sea and Land, having obtained great Credit among Sea men, Physicians and others; the King Granted a Patent to Mr. Fitz-Gerald and others; to oppose which, Mr. Walcot entered a Caveat, and after full hearing by the Council, learned on both sides, the Patent of Walcot was laid aside, and a Patent granted to Us the said Patentees, which hath been since put in practice both by Sea and Land, to the satisfaction of all Persons who have not been influenced by their particular Interests. There being a Bill brought in by the said Mr. Walcot, to destroy the Right of our Patent, in which there are about five years unexpired. It is therefore Humbly Prayed the said Bill may not pass, to the prejudice of the said Letters Patents of Mr. Fitz-Gerald and his Partners, the said Mr. Walcot having consented to an Agreement under them, as will be ready to be produced. If Mr. Walcot can obtain an Act of Parliament in prejudice of this Patent, which seems unreasonable, it is hoped it will be with a saving to Mr. Fitzgerald's Patent, that of Mr. Walcot's being expired as to time, and vacated by his own Consent, as will appear on the Hearing. An Answer to Mr. Fitzgerald's State of the Case, concerning the Patent of Making Salt Water Fresh, etc. Wherein appears Whose the Right is to Exercise the Art. WHen the Committee of the Lords, appointed by the Right Honourable the House of Lords, had taken into their Consideration, a Bill which had Passed the House of Commons, and was Carried to the Lords for their Concurrence; entitled, An Act, for making Sea-water Fresh, Clear, and Wholesome, and their Lordships in the Committee had also Passed it, and was by Mr. Fitz-Gerald and his Partners Petition Recommitted, as will be shown more at large; Mr. Fitz-Gerald gave in a Paper Printed, Entitled, The State of the Case concerning the Patent, etc. which was the Substance of what his Council vehemently urged; wherein the True Case between Them, and Mr. Walcot, was wholly Misrepresented; wherefore now the Business is to inquire into it, by every Part thereof severally as it falls in, as well the Title, (which ought not to be passed by without some Censure) as His State of the Case; and what the Truth is, shall be laid open. Both the Title and Case are all along Distinguished from the Answer by a Line Intervening, and so may be Read apart from the Answer. 1. 1. The State of the Case concerning the Patent of making Salt water fresh. The First Patent being Granted to William Walcot Esq in the Year 1675. Robert Fitz-Gerald Esq and his Partners precured an Order of Council, October the 30th. 1683. that it should be Conditionally made Void, On a Condition they never Performed. And in Prosecution of that Order, it was by Six of the Privy Council made Void accordingly. Another Patent was Granted to Robert Fitz-Gerald, Esq and his Partners, June in the Year 1683. which, (though Wm. Walcot his Patent was in Being, he calls The Patent,) is supposed to be void in Law. 2. 2. As it stands between Mr. Walcot of the one part, and the Lord Falkland, Will. Bridgman, Esq Mr. Fitz-Gerald, and several others, on the other part. Here Mr. Fitz Gerald is pleased to Leave out the Names of some that were the Patentees, and to bring in an Honourable Person to Advance and make great his Title of the Case, who was not one in their Patent; so that the Case concerning the Patent stands not between Mr. Walcot, and the Lord Falkland, for the First Patent was Granted to Mr. Walcot solely, and the other to Mr. Fitz-Gerald, and other Pretenders, that call themselves the Patentees, who were five, viz. Robert Fitz-Gerald, Theophilus Oglethorp, William Bridgman, Patrick Traunt, and Thomas Maule, Esquires. And Articles of agreement were proposed to W. W. in the Names of these five only, and no other. These five. Persons drew in others of great Power and Interest, (perhaps to give great Sums of Money) to be of their Party, or to be admitted to Shares under them; whom Mr. Fitz-Gerald would engage to Employ their whole Interests against Mr. Walcot: Who have no Reason, if they are come in under a bad Title, and have made but ill Bargains with his Adversaries, whose Skill hath failed them, and their Money is lost) to oppose his Right. Neither can they have any just Hopes or Possibility ever to Restore: themselves that way; Wherefore some Persons concerned who are Partners in the Profits of Mr. Fitzgerald's Skill, have since acknowledged they have been extremely disappointed in their Expectation, and have shown that they have given off their hopes of Success therein; and have withdrawn themselves from that Interest. 3. 3. King Charles II. about 16 years since, granted to the said Mr. Walcot a Patent for making Salt water fresh. Here gins Mr. Fitz-Geralds and the Patentees State of the Case, as he Represents it. It appears, he was very Careless in giving in the Compute of the Time of the Grant to Mr. Walcot, seeing he undertook to do it in the First Place, which is much mistaken in his Calculation: It being really in October 1675. Yet herein he doth acknowledge that W. W. had his Patent granted many Years before they had ever pretended to the Invention. 4. 4. With a particular Clause that he should put the same in execution within 7 years, or some less time, or his Patent should be void. And it is Remarkable, that he should now in the next place, be so Particular in putting down the exact time Limited, when it appears by the very Patent, there is no such Clause, so that it is only their Pleasure to assert it. 5. 5. And with this further condition, That if at any time hereafter, it should appear to be inconvenient or prejudicial to his Majesty's Subjects, and made so to appear to six of the Privy Council, it should for that reason be void, and his Patent soon after to be Canceled. Here they speak of a General Proviso, which W. W.'s Council told the Committee, is in all Patents, and is not to be doubted but is in theirs as well as in this; and if their Patent had been of force, would have been the bane of it, and undoubtedly have destroyed it, whenever it should have been brought to the Test, either before the Council or otherwhere: The words of the Proviso, they speak of, are: Provided always, and these our Letters Patents, are and shall be upon this Condition; that if at any time during the said Term— It shall be made appear to us, our Heirs or Successors, or any six or more of Our or Their Privy Council, That this our Grant is contrary to Law, or prejudicial 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 within our Dominions, where the same shall be used, practised, or exercised then, &c— But it was not made appear to his Majesty and his Council at the hearing before them, that W. W. his Invention was not new (which Mr. Fitz. G. and his Partners by their Council laboured to prove, though it was against themselves) neither could they make it appear, that this his Majesties Grant to W. W. was any way contrary to Law, or prejudicial, or inconvenicent to his Majesties Subjects in general, or to any of them; but only was apprehended inconvenient to Mr. Fitz G. and his Partners, they having wrongfully obtained a Patent, which by reason of this former Grant to W. W. could not take place. His Majesty at the hearing in Council, vindicated W. W. his Art, from all the aspersions they would have cast upon it, owned and justified those extraordinary Clauses in his Patent that were not in theirs, those being then read in his presence: And declared that he highly approved of W. W. his Water, which he had seen him prepare and perfect; and that on his own knowledge W. W. had attained to the true Art, but gave no such testimony what his Opponents could do. 6. 6. His Majesty soon after this Grant was invited by Mr. Walcot, to see the Operation of his Engine and Invention. W. W. would not presume to invite his Majesty; but his Majesty merely upon his own inclination came and saw W. W.'s Experiment. Here is by Mr. Fitz G. a particular care taken to give People to understand, that it was after the Grant to W. W. of his Majesty's Letters Patents that his Majesty came to see his Operation, to the intent that what Objections his Majesty made when he came, might stick and expose his Art to contempt; whereas it is manifest, that his Majesty's seeing the Operation, was not after, but before the Grant of his Letters Patents to him; which appears by the Judgement that his Majesty in his Grant gave of it, in declaring Some Evident Demonstrations whereof, we have seen to our great satisfaction, and do believe, etc. which could not have been said or insetted if he had not first seen it. 7. 7. Which was of too great Dimension, and so extremely hot, and for other Causes then appearing, it was not found practicable at Sea— It having been already made manifest, that his Majesty's seeing W. W's. Operation was before, not after (as is so confidently affirmed) his Patent was granted. It cannot but be necessarily concluded from thence, that his Majesty was fully convinced and satisfied, in whatever Objections his Majesty could make, before he would grant his Letters Patents, and commanded to be inserted such extraordinary Clauses as before mentioned. But yet however, a further account shall be given; His Majesty had good reason to inquire, and might well say as much as all this, and yet it might be no way to W. W.'s disadvantage: For His Majesty at his first tasting of W. W.'s Water, which was above a year before he came to see the Experiment, liked it so well, that it was his pleasure to say, he could without further proof declare it to be undoubtedly good; and ordered him to improve his Experiment by further trials, till he should bring it to a practical use and a perfect Art, (and to inform him from time to time how he proceeded.) When his Majesty had Received an Account that this was done, he signified his Pleasure was to see the Experiment himself. At that time by reason of the haste, that was necessary to have all things as soon as might be in a Readiness to satisfy his Majesty, W. W. bespoke to be made (having found that Copper would Injure the Water) a Small Light Iron Furnace, or Kettle, not much differing from such as are made for ordinary uses: (he despairing to have any moulded at first, without his continual attendance, agreeable to any of his models) such an one he gave order for, that might be hit on without any hazard, to serve only for this occasion, that his Majesty might not be disappointed; but this Furnace proved to be cast of larger dimensions, and far more thick than was directed; besides that it was unsound: And to have another moulded more suitable to the purpose, required a long delay. Wherefore W. W. was obliged on necessity to show with this what could be done, which was placed within the Partition of a Cellar: whither his Majesty came attended by the late Lord Rochester, and by several now Living, and presently made these very material Objections. One was, that the Fire would not be safe in that manner, but be too hot for a Ship to endure; besides the cumbersomeness of the Furnace as it then stood, could not do well in a Ship. Whereupon W. W. Answered, that no provision was made there, for security from danger of Fire, it being in a Cellar, but in a Ship provision should be made accordingly against Danger of Fire; that what was here done, was Intended only to satisfy his Majesty in the goodness of the Water, and that great Quantities might be Completed in a short time. He not having the Opportunity (since he Expected his Majesty, and not knowing how soon His Majesty might come) to get Things made ready to be used there, which might be proper for Sea Service; and that neither that Furnace, nor any of those Materials there placed, were Intended for a Ship, but far more Complete, more Commodious; and especially fitted for the Purpose. And another Objection that his Majesty made, was, that there was a Joint which could not bear the motion of a Ship at Sea; to which W. W. answered, that he had contrived his Furnaces each of them to be moulded all of a piece, that where that Joint was should be none. And that he would Endeavour to have such made, as soon as he could have leisure, and find fit Iron, and able Workmen to do them; which was after done, and His Majesty had an account thereof. By the means of what His Majesty there saw done, and his Inquiries and Objections being Answered, His Majesty was so well satisfied in all respects, having some of the Water that he saw completed, brought to Whitehall to be kept, that there upon he granted his Letters Patents, declaring therein, as . His Majesty declared likewise, that when He could hear that W. W.'s Instruments were fixed in a Ship, he would come to see them, and then would give what Directions he should think fit. So that His Majesty's ask Questions was not upon any Dislike, but that He would be further informed in the matter, and shown that his mind was intent upon it, that He was well pleased with what He had seen, and that his desires were to advance the success of so excellent an Art. Now this Argument that Mr. Fitz G. puts such a Stress upon, might be retorted upon himself, if his Argument were worth any thing; That because his Engine and Invention at Hull (or formerly elsewhere at Land, whilst they were suffered) was of too great Dimension, and so extremely hot, and for other causes then appearing, it was not found practicable at Sea: It seems he cannot imagine that he who can have greater Furnaces provided, can have less; whether W. W. can have greater Furnaces Cast some may possibly doubt, but whether he can have less (besides Mr. Fitz-G.) none; Or whether W. W. could have other of a different shape from that, or whether he could have materials made up different from those, none can doubt. Concerning the conveniency of the Instruments, and their manner of placing, see the account given by Mr. John Shish, etc. The Testimonial of Mr. John Shish, Chief Masterbuilder of his Majesty's Yard at Deptford, concerning the working of W. W. his Instruments in Ships. WHereas William Walcot Esq hath often discoursed with me about his setting up of his Furnaces and Instruments in Ships for his Invention of making Good Fresh Water, and hath let me see his Furnaces, Instruments and Materials, and one Furnace in particular built upon Board's in a Room, which I see hath been much used with security from Danger of Fire: I do Certify, that it doth appear to me, that he hath taken great Care, made many Industrious Contrivances, and good Provision, for safety and Conveniency of Working in Ships, and that he hath brought his Furnaces, Instruments, and other Materials (accommodating them to Ship-Service) and manner of Placing them to a great Perfection. I do Certify likewise that they may be set up in a Ship without Damage or Injury to the Ship, with Security from danger of Fire, and able to endure the Motion and Tossing of a Ship at Sea. And that, in my Opinion, it will be of great Use to Navagation, as well to His Majesty's Ships, as to others. May the 13th. 1681. John Shish. This agreeth with the Original. Which, He being sent for to Give his Personal Attendance, not only Owned, but also declared before the then Lords Commissioners of the Admiralty, that He would undertake to set them up in the same manner in any of His Majesty's Ships, if they pleased to assign him a Ship for that Purpose, so that thereby they were become Witnesses to his Testimonial. 8. 8. And about Six Years after the said Grant to Mr. Walcot Mr. Fitz-Gerald Hereby it appears, that Mr. Fitz. G. acknowledgeth himself and his Partners not to be the First and True Inventor, it having been declared in the Grant that W. W. had given Evident Demonstrations of his Art, which was six years before he pretended to go about it, as himself saith, though it was longer. 9 9 Upon the Encouragement of Mr. boil made a Discovery— That while Mr. boil gave great Discouragements and Discountenance to W. W. whom he knew had obtained Letters Patents, by his making Proofs before his Majesty, and had his Bill once read in the House of Lords, which remained there; who was the First and True Inventor. And Mr. Fitz G. had need of some great Persons Patronage, and Recommendatory Letters, to Introduce and Prefer him, since he came so over-late, and so far out of season, as to go about to make a Discovery of what was certainly discovered by another person six years before, as himself confesseth; and Evident Demonstrations thereof shown, and Letters Patents granted thereupon declaring the same, and when a good stock of Instruments and all sorts of materials were made ready for the work. 10. 10. Of a New, Easie, and Practicable way, of making Salt Water Fresh— How New their way is, see afterwards. 11. And so Easy and Cheap, that their Engines and other Instruments, before they had at any time been used, were Exposed to Sale, and offered for Old Goods, through want of having a vend for them to Sea, though once, when first there were Trials made with them, and before their effect was well known, they were dear enough. And if Mr. Fitz-Gerald means by practicable, that their way is sometimes used, it may well be granted, for they have done no otherwise than what many years past has been done in Ships, in times of necessity, but not at other times used; The water having never been found to be good and wholesome: See the States of Holland's Patent. If he means by practicable, generally, constantly practised, there seems but little sign of that, Mr. Fitz-Gerald himself speaks modestly in this; he told the Committee of the House of Commons, that he was thousands of pounds out of Purse; yet did he plead that W. W.'s Bill ought not to pass for this reason, because Mr. Walcot never got any thing by his Art, when Mr. Fitz Gerald himself is the person that hath chief made it his business to obstruct him, and hath thus long prevailed. So that the very reason that he urgeth for stopping his Bill, is a strong reason that it should pass with as much speed as may be; it being high time he should get something now towards his former Charges, who hath been so long most injuriously obstructed. He did persuade some persons to buy their Engines and Ingredients for Sea, and be at the Expense of Trying to use them, but those were too few to clear their Reckon; what they gained this way could never countervail the charge they put themselves to; and they had great sums from his Majesty for their Engines and Work at Land, whatever their performance was: All which it seemeth could not make them gainers in the whole. But although Mr. Fitz G. might get nothing clear in the main, by the practice of his Skill or work of his Engines, yet the while perhaps he might have found it encouraging and advantageous enough, to admit others to buy shares of his profits, which might yield an ample Recompense for what his pains and trouble herein could deserve. 12. 12. And wholesome at Sea and Land. Some that have drank of their Water, and seen it prepared their way, say, and made proof of it before the Committee, that their Water was rough, harsh, fiery, Corroding, and tormenting the Body when constantly drank of; that they could know it by the smell, and that after some time it will putrisy, be base, and offensive: whereas they say they find W. W.'s Sea-water to be smooth, soft, cooling, healing, and so pure, that they have known it last many years, and never saw in it any signs of Decay. Several Bottles of W. W.'s Water, were set on the Table before the Committees, both of the Lords and of the Commons, which were tasted by their Members, and much approved of; but Mr. Fitz Gerald would not produce any. There was brought before the same Committee, at the same time The Lord Chandos his Testimonial concerning his long Experience of W. W. his Sea Water. THese are to Certify All whom it doth or may Concern, That before I was Honoured with the Character of Ambassador from His Late Majesty of Blessed Memory to the Grand Signior of the Turks, I had the Satisfaction of several Tastes of my Worthy Friend William Walcot Esq his Sea-water made Fresh, and Sweet, and to all Intents and Purposes equally made useful with the best Spring-water that e'er I drank of in England for Land or Sea Service, as, upon above seven years' Experience thereof at home and in Foreign Parts, I am verily persuaded. For of the said Water I took with me some Quantity to Constantinople, and there upon Trial thereof in the Presence of several Persons of Credit, found it exceeding Sweet and Good, insomuch that I had the Curiosity to try how long it would so preserve itself in that hot Climate: And in that Experiment also it so well answered my Expectation, that after near seven years keeping of it abroad I brought of it home again with me: And now at this very time have of it, (viz. The water I took out with me from the said Mr. Walcot) Right, Sweet, and Good. In Witness whereof I here Subscribe my Name this 25th of May, 1688. Chandos. This agreeth with the Original of his Lordships own Handwriting. 13. 13. Having obtained a great Credit among Seamen, Physicians and others. If they mean by Credit, such a Belief that drew in great sums of money for purchasing Shares of their Profits of them, perhaps they may find some that can at their Cost witness for them; but if they mean by their great Credit, such a full Belief of the Sufficiency of their way, as generally for men to trust their Lives and Fortunes to the use of it, they could not before the Committees by any means make that out, the extent of their Skill seems to be too well known. No doubt, by such plausible means as they used to recommend and magnify their Skill, the Credit they gained by Assuming to themselves the Honour of W. W.'s Invention had continued very great, if they had been so cautious never to have shown the Proof of their own: But herein their Policy failed them, for hereby they bewrayed their Skill. To raise the Credit of it, some Physicians Names they produced in Print, but produced not their own Hands; neither could those be brought before the Committee to testify any thing for them, but many whose Names they produced have decried it. Though a Testimonial under the Hands of many of the Physicians of the College in the year 1683 had been given to W. W. he had otherwise such abundant Ocular Testimony, that he had no occasion before the Committee to have it mentioned: wherein are these words, We Do Declare, that We are (upon Examination of it, viz. Sea-water prepared by W. W.) fully and sufficiently satisfied that the said Water is made very Fresh, Clear and Wholesome, and Agreeable to the Body of Man. Their Testimony may be seen at large, when required. But had as many persons as they had ever Importuned, subscribed to the Wholesomeness of their Water, yet it cannot be denied but that its Corrosiveness is obvious and offensive both to the Taste and Smell, and pernicious to the Body when constantly drank of, it being in many respects defective; concerning the Deficiency of the way that Mr. Fitz-Gerald pretends to render Salt-water wholesome, there is a Scheme drawn to be seen upon occasion; and another drawn of the Sufficiency of W. W.'s Art. And that what they can do may be further known, the Lords of the State's General of the United Netherlands (upon a Petition presented to them on the behalf of W. W. that He and his Opponents might be ordered to appear before them, to make public proofs of their Arts, and the States to judge whose Art was the best) and the Members of the States of the several Provinces, saw Mr. William Fitz-Gerald deputed by Robert Fitz-Gerald Esq and his Partners, and W. W. each of them apart, thrice make their Trials before them; whose approbation seems sufficient to satisfy in this matter. The State's General granted thereupon to W. W. Their Letters Patents; and each of the States of the other Provinces of Holland, Zealand, and Frizeland granted him their Letters Patents severally; all of them were To him alone, with exclusion of all others, wherein may be seen their judgement hereof, especially and more at large in the Patent of the States of Holland. See the Preamble of their Patent; Mr. Fitz Gerald and his Partners are there taken notice of, and an ample account is there given, what they found their skill to be; Our Seamen also to whom they appeal, and others ha' ve had experience of their Trials, and well know the Credit their work is of. As well these as the States of Holland do aver, that any that will but distil Salt water shall find the Salt water so prepared in every respect, to be at least equal, if not exceeding theirs. So that whatever their Helps and Encouragements have been, by what they have shown and done, it appears that all they have found out, or made a Discovery of, is, That Water may be Distilled, (and certainly those that know this, may know but little of the true Art) so that what Ingredients they add upon the consideration of Salt water, doth not at all improve, but rather make the Water the worse. Yet nevertheless Dr. N. G. put out a Treatise, dedicated to King Charles, undertaking to prove the Truth and Sufficiency of their Art (upon which there have been made Observations) concluding, That what those Patentees have done will justly be accounted a Miracle. Mr. boil's long Letter, and also his Nicety, as he is pleased to call it, wherein he begs the question, have been Re-published in recommendation of it. And there was sent to the Lord Mayor, closed in a Silver Box, sealed up (with great selemnity) the Recitpts of the several Cements used by the Patentees for making Sea-water fresh, as also the Receipt of their Metalline Composition and Ingredients, certified under the hands of the Honourable Mr Robert boil, to be kept so sealed up by the present and succeeding Lord Mayors, lest a Secret of so great importance to the Public might come to be lost, if lodged only in the knowledge of a few Persons therein concerned. See London's Gazette, January 23, 1684.— Or lest whilst themselves are busy, taken up in the practising of their Art, they should forget their Secrets wherewith they do it. A voluminous Song or Panegyrics in Verse was published in their Commendations; and Medals engraven and cast in silver, Representing and Illustrating their Art, in Celebration of the last new Inventor. And whilst they would have held all the World in admiration of their new Invention, (which some say in Gallen time was not known) they demand, by Virtue they say of an order of Council, that W. W. (the first and true Inventor of making Sea water fresh, etc.) should pay, according to one of their Articles which they proposed, after the hearing before his Majesty in Council in this manner. Item, It is agreed between the said Parties to these Presents; that the said W. W. his Executors or Administrators, shall pay and allow out of the first Profits arising by the said Art, the sixth part of the Sum of fifteen hundred Pounds Sterling, which the said Patentees have engaged to pay unto Mr. Jacob Kuffler, for his Assistance given them in the Invention of their Art, and Contrivance of the Engine proper for the same.— Whom King Charles took occasion himself to mention (when he was seeing W. W.'s Experiment) saying that he was very sure that Mr. Kuffler had not the Art, which His Majesty said, when those Persons that attended him thither were in his presence, who can witness it. In the Dedication of the Book to His Majesty, owned by Mr. Fitz-Gerald, it is said— If the Fruits of your Royal Grant has not been hitherto derived to us, 'tis partly by some Obstacles we met from the Suggestions of a private Person. And at the Council they pleaded that W. W. had not Art. And their Articles proposed after the Orders of Council began thus— Whereas the said W. W. having obtained (as he hath suggested) the Art and Knowledge of making Salt-water of the Sea Fresh— Calling into Question His Majesty's Testimony; yet however, the last of those very Articles runs thus— Item, The said William Walcot doth Covenant and Promise, to and with the said Robert Fitz-Gerald, Theophilus Oglethorp, William Bridgman, Patrick Traunt and Thomas Maule, and every of them, That in Case by his Skill and Knowledge in the said Art, found out by the said Patentees, that may make the Operation of Freshning Sea Water more Easy, Commodious or Profitable, He shall at all Times upon Request of the said Patentees inform and instruct them, or any of them therein, and give his Assistance in all manner of wars to the Promoting the Interest, and Profit of the said Patentees in relation to the said Art.— And in a Proposal dispatched December 2d, 1684. they say thus— Upon Condition that He the said W. Walcot shall Join with the Patontees both his Skill and Endeavours— So that though they are pleased to Style his Art but only his Suggestions, yet it is such, that They think necessary He should instruct them in. 14. 14. The King granted a Patent to Mr. Fitz Gerald and others, to oppose which, Mr. Walcot entered a Caveat; and after a full hearing of the Council learned on both sides, the Patent of Walcot was laid aside, and a Patent granted. Here they Jumble together confusedly, to be done as they Pretend at Once, what was done in a great Distance of Time, for they had Obtained two distinct Hear near Five Months asunder; the former before the Lord Keeper North, to have their Bill pass the Great Seal; the latter before his Majesty and his Council, to Vacate W. W. his Patent, so that the Caveat was entered to stop their Bill, many Months before W. W. his Patent was on Condition Vacated. Hereby also they would make the world believe that W. W. had no Patent when their Patent was granted, that they might thereby create some Pretence, if it had not been then in Being. But Mr. Fitzgerald's Patent was granted near five Months before W. W.'s patent was ordered to be made void; for Mr. Fitz-Geralds Bill passed the Broad Seal, and was thereby made a Patent, June _____ in the year 1683 at the Lord Keepers; but W. W.'s Patent was not ordered to be made void till at the Hearing in Council on the 30th of October following, in 1683; so that till this time the Patent of Walcot was not laid aside, as they are pleased to term it. 15. 15. To us the said Patentees. Here Mr. Fitz Gerald would again bring in the Lord Falkland to be one of the five Patentees, for the honour of their pretended Invention, who was not, as was said before, one of the five Patentees, but came in unto them long after, to be of their Party. When his Lordship came to understand arightly the Affair, he was dissatisfied in their Proceed, and hath since given W. W. good assurance in his life time, that he would not countenance their Interest against him; and others have done the like. And he hopes that none (whatever their concerns are) will, to oppose him, maintain a wrong. 16. 16. Which hath been since put in practice both at Sea Many Trials were made at Sea, but by the seeing the proof of them, they were left off and their Skill so much Rejected, or to use their own Term, laid aside, as it is. It was made appear by many Witnesses before the Committee, that the Persons who had dealt with them, and bought their Instruments, and were at the Charge of Fixing them to put them in Practice, lost their Money, being wholly deceived in their Expectation. At the same sitting of the Committee, when their Work and the Practice of it came into question, Mr. Fitz-G. applied himself to Sir M. A. Member of the Committee there present, Telling Him that He had Bought of their Engines, and asked Him to give His Account to the Committee of their Working; This being urged several Times without Notice taken, at last was Answered thus, or to this Effect. I do wonder Mr. Fitz-Gerald, That you should Choose to Ask me to Give an Account, for I doubt I shall say little to your Satisfaction. I bought several of your Engines which cost me _____ Pounds, and set them to work all at my own Charge, but my Money was all Thrown away— and more to that Purpose. This Disappointment made the Committee very sensible of their Skill, and to Observe how they had managed their Affairs. 17. 17. and Land. At Sheerness Mr. Fitz-Gerald and his Partners, had put up their Engine, which worked there for some time, for which it hath been said, they Received from the Tower large Sums of Money, having put the Crown to very Great Expenses. But after their Water had been much Experienced there, the Work was Discontinued, and bathe been left off ever since, it being now since it had been their carried on many years, what the Lord Dartmouth his Judgement and Account giving of it was, may be seen by the following Certisicate. I do hereby Certify, that I was at the Board of Ordnance, when Mr. Walcot was sent for in by the Lord Dartmouth, who then Tasted of his Water, and Declared his Approbation of it, and that He had formerly given his Opponents Countenance to set up their Work at Sheerness, but now He had found that their Water was not good. Witness my hand, Cham Bertie, H. Alured. Febr. 10th, 1692. Concerning their Water prepared in Lothbury, at the end of Bartholomewlane. See the following Account. I do certify that I had some of Mr. Fitz Gerald 's Water from his Office in Lothbury, which I found to be ill tasted, and having kept it by me for Trial, in a few Months it putrified, grew thick and green, to which I subscribe my Hand, From Clarkenwell-Green the 15th. of February, 1692. W. Savage. Dr. M. upon Examination before the Committee, gave an account that he went with Dr. Fielding to Lothbury, at the end of Barhtholomew-Lane, on purpose to try Mr. Fitz. gerald's Water prepared there, and they found it to be of an ill taste and smell, fiery, harsh and corroding, and not wholesome for the Body of Man. And it is now well known, that their Work and Engine at the Garrison at Hull, the only place perhaps where then it was suffered to be, which they made such Ostentation of in the Session of Parliament 1692. was then found fault with, and soon after openly disliked, and run into the contempt of many, where they have put Their Majesties to great Charge, which there was little occasion for; when better Water might be had not far from the place, or by employing the True Inventor. They stiffly insisted (at the Committees) on their Work there, to prevent the passing of W. W. his Bill, as an Argument that they would soon after themselves highly Advance the Practice of the Invention, and the Public Benefit, but the whole Year after in 1693. they had done nothing further worth the taking notice of, which seems, when this Matter is considered, a Reason sufficient of itself, that they should be no longer harkened unto. And now when their Work hath been so often rejected at Sea, and sometimes on Land, rather than give it utterly off, they again attempt to set up their Work at Land, in such places where they may be paid by Their Majesties for their Engines, and the Work be done at Their Majesty's Charge. Presently after the Session of Parliament in the Year 1692. wherein W. W. had his Bill passed the House of Commons, and the Committee of the Lords; an Order came from the Council. That the Invention of making Sea-water fresh and wholesome, (viz. Two Engines for the same,) should be set up at the Isles of Jersey and Gurnesey, this Order Mr. Fitz-G. and his Partners got into their Hands and brought to the Tower, and let it lie dormant, neglecting to proceed upon it about a Year, from 1692. till March 1693 when W. W. brought in his Bill again to the House of Lords, and was read; but then they move to get an Order from the Board of Ordnance upon the Order of Council to the end, that they might make a present advantage, they receiving 400 l. Advance Money, and that by the Pretence and Reputation of being employed, and up held in Their Majesty's Service, they may for the future prevent W. W. his gaining an Act of Parliament, vainly hoping thereby to force W. W. to discover to them the Secrets of his Art, that they might for ever supplant him of his Right. 18 18 To the satisfaction of all Persons. By what they have done, and hath been already said, it is believed that most Persons are satisfied what the extent of their skill is, the Seamen, and Physicians, and others whom they themselves have appealed to, having rejected their Work, and Foreigners as well as those of this Nation, and after such Trials made; To have it rejected, there can be no hopes left, that they withtheir Work should be ever received. If in eleven years and a half, that they have already had their Patent granted to them, and they having given the most Public Notice they can of the usefulness of their Invention, and had the liberty to do what they pleased without being obstructed; this be the Progress they have made, and the height of the Practice they have brought their Invention to, viz. To have one Engine at the Garrison at Hull yet remaining there not plucked down, and one for each of the Islands of Jersey and Guernesey but newly set up, this will hardly conduce to the satisfaction of all Persons whose expectations they have raised. And what satisfaction can they give to all Persons for depriving them by such practice of the benefit of W. W. his Art all this while, which ought to be considered. And what can it avail them, to bring any late Certificates of their skill to show now: when it is visible they perform the Work no better, nor in other manner than they have done formerly; neither do they petend to more skill now than heretofore, for they have this very year proposed and contracted to make their Work at Jersey and Guernsey, answerable only to what they have done otherwhere, and no otherwise, and undertaken to Instruct Persons to Work according to the same manner only, as they have shown to do it long ago. 19 19 Who have not been instuenced by their particular Interests. If their Work had proved according to their Pretences, and the expectation they had raised, People might have perhaps been influenced by their particular Interests to have received it; but particular Interests could not have Influenced the World to throw it off, if once it had been well received upon Proofs. This they venture to say when they well know the House of Commons did utterly disallow of their Practice and Art both at Sea and Land, and that also the Committee of the Lords were but little satisfied therein. 20 20 There being a Bill brought in by the said Mr. Walcot W. W. having first obtained leave, brought his Bill into the House of Commons, and had good Reason to do it, seeing the Law doth greatly countenance new Inventions, taking a particular care that they may be preserved. Wherefore the very Statute in the 21st. year of King James the I. made against Monoplies (which are mischievous to the State by raising Prizes of Commodities at home, or hurt of Trades, or generally inconvenient) doth in an especial manner, provide that new Inventions may be encouraged; therein declaring the King's Power to grant his Letters Patents for such: And oftentimes by Act of Parliament, the sole Benefit of a new Invention hath been granted to the first Inventor for a long term of years, as sometimes for thirty one years, and sometimes given to the Inventor and his Heirs, as being no way mischievous to the State, but the product of his own Industry for the Public Good. The House passed W. W. his Dill, wherein all Persons are wholly left to their Liberty, whether they will make use of his Invention or not. 21 21 To destroy the Right of our Patent. Their Patent never had any Right, by reason that at the time when their Patent passed the Broad-Seal, which was June 1683. there was a former Patent dated in October 1675. granted to W. W. then in Being, declaring that His Majesty had seen evident Demonstrations of W. W. his Art, as hath been mentioned; besides there are able Lawyers, that say His Majesty had Power to grant a Patent but once for the same Invention, and their Patent was gained but by specious Pretences, viz. That W. W. had made delays, and had utterly diserted the business (which now might be retorted truly upon them ut antea:) Whereas he had endeavoured, both in Town and Country with all his power constantly to advance it, being employed in having Instruments completed of Cast Iron that would file, such as himself had Invented, and all sorts of Materials made up proper for Ships, when all Workmen were unexperienced therein, and was extremely delayed by long attending the then Lords Commissioners of the Admiralty, for a Ship to set up his Work in, and could not procure any from them at all, or otherwhere, till he had agreed upon a price to buy one; at which time Mr. Fitz Gerald with his Partners arose up, whereby he was prevented, who have obstructed him ever since. They likewise alleged that they could perform the Work better than W. W. the True Inventor, which hath since appeared both in respect of the Water and way of Operation notoriously otherwise. But if they or any other Persons should have attained to W. W. his Art, after he had made such Evident Demonstrations before so many Persons, and in the presence of Such Testimony, and had also publicly form, and made large Provision of Instruments and other Materials for the Work, none else can in Justice ever be accounted the Proprietors without him, or take the Advantages from him. Neither had their Patent any Right, because Mr. Fitz G. and his Partners were not the first Inventor, who knew not the Art at the time when first it was found out, which Mr. Fitz G. and his Partners could not pretend to, but have acknowledged the contrary; nay, he is so far from being the first Inventor, that he hath shown, and it iappears by his Trials, and Proofs that he hath not yet attained to the True useful Art. 22 22 In which there are about five Years unexpired. Their Patent was dated June 1683. So that in less than Two Years and an half, the Fourteen Years therein expressed, will be ended; but since their Patent was thus wrongfully begun and wrongfully carried on ever since, as is proved, no time can remain unexpired. 23 23 It is therefore By reason of so many unwarrantable Suggestions. 24 24 Humbly prayed the said Bill may not pass They did thus humbly pray the House of Commons by their Petition, that they be admitted at the Bar of this House, or before a Committee thereof, to offer their Reasons. (See what they were, pag. 3.) Against the intended Bill, and that they may be allowed the Benefit of an Act to themselves— To enable them to do what by their pretended skill, they cannot, to practise the Art, they did not understand; and to exclude him that invented the Art. Which Petition was committed with the Bill, so that there was no danger of their being surprised, when what was ordered, was according to their own Petition, yet when the Committee sat, they were not ready to appear without further Summons, but contrived delays, as much as possibly they could; and when the Committee had given them long time of Summons, Mr. Fitz G. came without his Council, alleging that his Council were not mentioned in the Summons. 25 25 To the Prejudice of the said Letters Patents of Mr. Fitz Gerald and his Partners. The passing of the Bill could not have been to the prejudice of their Letters Patents, seeing they were not grounded upon any Right as is already proved; nor to themselves since they never had attained to the true Art, nor could longer propose ever to do themselves any good by their own; wherefore it is manifest they would rather totally suppress the Art, than not be themselves the Masters and Managers of it. And because they cannot force W. W. to comply so far with them, as to instruct them in the Secrets of his Art to undo himself, they are inveterate against him, thence stilling him a Person refractory; making themselves by their opposing him, both Accessaries and Principals to all the Misfortunes that shall ever happen in the World, through the want of the Exercise of the true Art. 26 26 The said Mr. Walcot having consented to an Agreement. Here they not trusting to all their preceding matter, start from it to that of another kind. If they mean hereby that Mr. Walcot consented to the getting out their Patent, the contrary is Apparent: For he had Addressed himself to the Lord Keeper North, to oppose the passing of their Bill under the Broad Seal, and entered (as Mr. Fitz-G. acknowledgeth) a Caveat likewise that it should not pass him unwittingly. See p. 7. And this W. W. made his especial care to prevent, and by his Council withstood it all he could. Neither had he agreed ever to impart to them his skill without the knowledge of which his right could not be transferred by him to them. Neither did he ever Seal or enter into any Articles with them. 27 27 Under them. Neither did he ever give his consent to any Agreement to condescend to be under them (which therefore they can never produce as they pretended they were ready to do) he having by his own industry achieved and become an absolute Master of his Art, would not submit his skill to come under them who were ignorant of it. So that there was never any Agreement made with them that they can pretend to, otherwise than a short Writing merely in order to a Treaty, or that he and they should Treat, which in some Sense may be called an Agreement, as being in order thereunto: He and they agreeing only so far, That they should by a tendering of Articles (to each other) endeavour to make an Agreement (though such Agreement could never be effected;) and that was yielded to on other grounds quite different from what they would Represent, and made to other Purposes, and cannot bear any such meaning as what they urge but quite the contrary, as would have appeared by the Writing if they had produced it, which they kept in their own Custody from the time it was Wrote, and would never suffer W. W. to have a sight of it ever since, which they were pleased much to insist upon, neither would they produce it at any sitting of the Committees, though they were urged to it, lest it might detect their manner of Dealing. And e of the Writing, and how it was observed, it is necessary there should be some Account given. At the time that they brought W. W. a Summons to appear before the Lord Keeper, to the end that their Bill might be made a Patent (in or about April in the Year, 1683.) there was something written on a Scrip of Paper, in Order as was said be fore, to a Treaty, the Substance whereof was, That all things should stand in the same Condition and Plight as they were at that time as to the Title, viz. That Mr. Walcot's Patent should remain, and that their Bill should be stopped, and that no further endeavours should be used to have it pass the Great Seal. That Mr. Fitz-Gerald with his Partners should have a very considerable part granted by Articles to be agreed on out of the profits of Mr. Walcot his Patent for seven years yet to come, (from the time the Writing was made) in case other Covenants should be likewise Proposed, and in case such should be agreed upon. And that all Mr. Walcot's Charges and Expenses should be deducted, which he valued at, and at that time demanded for, four Thousand Pounds. This Writing to the end that W. W. might be sure to prevent their Bill ever to be made a Patent, he contented himself to comply with, and proceeded according to the Contents of it, desisting from his usual way of Proceed, in Advancing his own Concern solely for himself, and on the occasion thereof endeavoured to bring the matter to a perfect Accommodation between them, by delaying his work waiting for, and taking into consideration their Articles which they a while after tendered (though his Council thought not fit he should allow of them because of their unreasonableness: some further Account is given of them, pag. 15.) and then by offering Articles that himself had caused to be drawn in Pursuance of that Writing, performing on his part according to the Contents thereof whatsoever it required of him; wherein W. W. proposed to give Mr. Fitz-Gerald and the other Patentees each of them such a part out of the profits of his Patent, as the Writing had mentioned, as may appear by those Articles, which Articles were by them rejected. By the tendering of those Articles W. W. hath reason to believe he had discharged himself from the Writing, they having had the Effects of it; and that he was no way obliged further, when they had rejected such Articles as were drawn by Eminent Counsel upon consideration of the Writing, conformable thereunto. But soon after the Writing was made, and before Mr. Fitz-Gerald had brought in his intended Articles, an Advertisement was put into the Gazette, that Robert Fitz Gerald Esquire, and some other Gentlemen had found out the Art of Reducing Salt Water of the Sea into perfect and wholesome Fresh Water, etc. withot W. W. his Name or Consent. Mr. Fitz Gerald and the other Patentees on their part, notoriously broke this their Agreement (as they call it) by their acting separately from W. W. in carrying on their Design without him; in applying to the Physicians for their Hands without him; or acquainting him with it by publishing a Book to advance themselves and to obstruct him; wherein Mr. Fitz Gerald undertakes to give an Account who the Gentlemen concerned were, (wherein there is no mention of W. W. at all) who do intent to agree with all such as are willing to deal with them, etc. and otherwise by their further opposing him from time to time. And they also broke this their Agreement, by their taking out their Patent June 1683. Which Patent (as that Writing expressed) is now Passing the Great Seal of England, but stopped there by a Caveat entered by the said Mr. Walcot (which Bill, after the Writing was subscribed, was also stopped by themselves by force, they said, of that Agreement) so by getting out their Patent, they put Things in another Condition and Plight, than they were in at the time of the making of the Writing; whereas to have all things kept in the same condition as they were then in, was the chief Cause and Consideration of W. W. his yielding thereunto, as is manifest by the Preamble: And therein they impugned his Right and the Title by his Patent (as since they have done before His Majesty and his Council) which was Paramount, and the Foundation, on which this Writing did depend, and an essential Part, which according to the Writing they ought to have Acquiesced in. And (on the 30th. of October, in the same Year 1683.) by their procuring his Patent to be vacated (it being the Title which by that Agreement, they were necessarily to come under,) they did not only break this their Agreement, but absolutely put an end to it, wholly destroying it in the Foundation; by making thereby their Agreement utterly impossible to be performed; because as was said before, when this Writing was made, they could not otherwise derive any Title to the Profits, but by W. W. his Patent; as appears by the Writing, and the time it was made; and also because W. W. his Patent was an essential Part of it. And the Vacating of the Patent must necessarily determine any such Agreement which related thereto, and wholly depended thereon. So that by the very Order that W. W. his Patent should be made void, and that the Agreement should be Performed: The Agreement (according to the same Agreement) was made void and destroyed. The Order for Vacating of his Patent, they had brought about and effected in Council, by their having misinformed His Majesty and His Council concerning the Writing; by rendering it to the Council in a Sense quite otherwise than the True Sense that was manifestly intended therein, or what it could possibly bear (as by the other Contents may be seen) to be the Meaning; altering and perverting the Sense, and not only wresting the Sense, but the very Words too out of their Places, by their misrepresenting the Matter in evasive Words, varying from the Writing, insomuch that His Majesty's Order by their means, was made upon a wrong Ground, as will appear by the Recital of that part of the Writing that is in the Order, if compared, it palpably differing from, if not directly contrary to the Writing. And the next Words following in the Order are, His Majesty thought sit the said Agreement should be performed; and so the latter part of the Order after the Recital, by their means runs all along upon wrong Suppositions. And W. W. his Patent was declared, should be made void, as being inconvenient to His Majesty's Subjects, that theirs might take place upon their pretending to the same Invention, as convenient. According to the Account they gave of the Words of the Writing, they were these as recited in the Order— The said Mr. Walcot is to be allowed a sixth Part of the clear Profits arising by the Practice of the said Art, after all Charges and Expenses about the same shall be deducted— Let us see how Mr. Fitz-Gerald makes this out. To be allowed by whom? By Mr. Fitz-Gerald and his Partners. Out of what? Out of the clear Profits arising by the Practice of Mr. Fitz-Gerald 's Art. But Mr. Eitz G. and his Partners could not allow any thing so arising from the Practice of their Art, for they had not any Right, as first Inventor, nor had, when the Writing was made, a Patent, nor had then the Art, as they have since given full Evidence, that they never had. Why then if Mr. Fitz G. hath not Right as Inventor, nor gotten the Art himself; he can however allow to Mr. Walcot a sixth Part of the clear Profits arising out of the Profits of Mr. Walcot's own Art, Mr. Fitz G. reserving the other five Parts of Mr. W. his Art to himself and his Partners— But besides that Mr. Fitz G. hath not Right to W. W. his Art, he doth not know his Art, and then how can he allow to W. W. clear Profits arising by the Practice of the Art, he did not understand himself? Mr. Fitz G. hath obtained his own Patent to pass the Seal, notwithstanding the Caveat, and the Writing made to prevent it, and hath procured W. W. his Patent to be vacated, and will bring him to comply, and to instruct him in his Art, and if W. W. will not, with the King's Order he will force him. But Mr. Fitz G. was shrewdly mistaken in this, the King would never Order that W. W. should be forced to impart to Mr. Fitz G. his Secrets, and to teach him his Art, who His Majesty knew had so difficultly attained to it, by his own Charge and Industry, and Perfected it by His Majesty's Special Command; and then when W. W. his Patent was ordered to be Vacated, W. W. could not himself Proceed, and so Mr. Fitz G. could have no Profits that way, nor any thing to settle or dispose of, arising from the Practice of the Art in any manner. Yet though no such thing was mentioned in the Order, Mr. Fitz G. however hoped therewith to affright him into a Discovery of the Secrets of his Art to him. Where it is said in the Order, after all Charges and Expenses about the same shall be deducted, Mr. Fitz G. would have it intended that all his own Charges should be allowed to him, and to the other Patentees theirs; but that none of W. W. his Charges should be allowed to him whatever these have amounted to, and how much soever these have exceeded all theirs. By the next Words following in the Order, viz. His Majesty thought fit the said Agreement should be Performed. It appears His Majesty had been made believe that W. W. had not Performed what the Contents of the Writing had required, or had done any thing that might discharge himself from it. See pag. 13. What W. W. had performed; which if His Majesty had known, 'tis not to be imagined that he ever would have condescended to such an Order; But Mr. Fitz G. and his Partners succeeded herein, by reason that W. W. had not instructed his Counsel in any thing concerning the aforementioned Writing, since it could not be expected, that they would have, before His Majesty and His Council, insisted on that which W.W. had so discharged himself of, and they had departed from long before, and had acted so contrary thereunto. See pag. 13. Neither did they mention it, till they found that not any thing they had alleged, could avail them; when His Majesty himself had defended W. W. his Cause, and had answered their Objections. It appears that besides a wrong Account given concerning the Writing, upon which the Order was made, it was granted also upon the Presumption, that Mr. Fitz G. and his Partners had gained the True Art, else it could not possibly have been yielded unto; which proving otherwise, His Majesty was in that respect also deceived in His Grant. Yet, notwithstanding all this, His Majesty declared at that time in Council, that his Inclinations than were to Grant again to W. W. Solely His Letters Patents, for Fourteen Years, if he had Power to do it. Then being put in mind that he had newly granted to Mr. Fitz G. and his Partners a Patent; His Majesty presently intended that W. W. should enjoy the Benefit of Fourteen Years from thence, which was the Reason that Prevailed with His Majesty to yield to that Order. But they contrary to His Majesty's Gracious Intentions and Royal Pleasure, by that means would take Advantage to thrust him out of all. The Words of the Order which they thus obtained are— That Mr. Walcot 's Patent should be made void, as being inconvenient to His Majesty's Subjects, and the Petitioners are by their Instrument to settle a sixth Part upon the said Mr. Walcot, according to the said Agreement, and if the Parties differ, they are to attend the Attorney General, who is to settle the Conveyances between them— So that they were not to attend the Attorney General till the Petitioners had first tendered to W. W. their Instrument of Settlement, and that then they could not agree; which they never did at any time offer, nor any part of their Profits to this day: But instead of making a Settlement, or bringing any Profit, they only tendered most unreasonable Articles for him to sign, the same which he had rejected before they had their Patent; and afterwards they tendered those more enlarged for their Interest, and several new ones were added to them, whereby he could not but have been inevitably ruined, if they could have inviegled him to have subscribed them, for thereby he had made himself many Thousand of Pounds worse than nothing; but he never subscribed to those, or to any Articles of theirs, as hath been already said; the Recital of a small part of one of their Articles is enough to evidence this,— That there shall some able and sit Person be elected and appointed by the said Parties to these Presents, or the major Number of them, whereof always the said Robert Fitz-Gerald, his Deputy or Assign to be one to attend— in nature of a Clerk, or Register who shall be Authorized— under the Hands and Seals of the major part of them, whereof always the said Robert Fitz-Gerald, his Deputy or Assign to be one— who shall keep one or more Book or Books— and shall in such Book or Books, enter down all such Votes as they the said Parties, or the major Number of them shall agree upon. Which Votes being entered down and signed by the said Parties to these Presents, or the major number of them; whereof always the said Robert Fitz-Gerald, his Deputy or Assign to be one, shall be as obliging to them the said Parties, and every of them, as if the said Votes and Resolutions were contained in these Presents— So that they might from time to time impose whatever Sums of Money they pleased upon W. W. to pay. In the same manner all Servants and Officers he would have to be chosen, and such as shall go into Foreign Parts, or be otherwise employed for promoting the said Concern, shall have such Allowance as the major Number of them, whereof always the said Robert Fitz Gerald, his Deputy or Assign to be one, shall think fit and appoint. This Clause (whereof always the said Robert Fitz Gerald, his Deputy or Assign to be one) put in the latter Articles which they tendered, sometimes is introduced three or four times in an Article, which Mr. Fitz-Gerald assumed from those Articles that W. W. had formerly proposed to him; and changed the Name for his; Inserting his own Name in the place of W. W. This Clause was absolutely necessary for W. W. to use (he being the only Person in the Articles on the one part, and they being five on the other) the better to secure himself from any unjust Impositions; but very improper, and most unfit for Mr. Fitz G. to appropriate to himself, and to take the advantage of, without any to counterpoise him; whereby W. W. should have been wholly exposed to their Arbitrement and Mercy. Another Article is this— Item, The said William Walcot doth Covenant to and with the said Patentees and every of them, that he the said William Walcot, his Executors and Administrators shall advance and pay in one full sixth part of all such Charges, Disbursements, and Expenses, as have been already, or hereafter shall be laid out, or expended in or about the Premises, before and until sufficient do, in by the Art and Mystery to defray the Charges of the same. Under this Head, he would have understood, and comprised so many Editions of his Books, that he sent over the World to obstruct W. W. his Proceed; and to make a City Feast, and such like. This was the use they would have made of His Majesty's Order. When Mr. Fitz-Gerald, and his Partners had found that W. W. had upon the Demonstrations of his Art, obtained Letters Patents from the State's General, and other from the States of Holland, whereby their Services were rejected, and themselves excluded; And when W. W. was in Holland, they made this further Proposal. 2d. December 84. REsolved, That Mr. Bridgman with two or three more of the Patentees or Commissioners, do wait upon Sir Thomas Walcot and show to him the Readiness of the (a) They had reason to be ready since W. W. had a Patent seven Years before theirs. Patentees to take into their (b) What their readiness was to obey King Charles his Order, they show in their Proposing the following Conditions as well as their former. Partnership his Brother William Walcot Esq if he will recede from his proceed abroad. That they will admit him to a full (c) Viz. A sixth part of the profits of his own Art, reserving the other five parts for themselves. sixth Part of the whole, as well for (d) All the World over which they herein are pleased to assume to themselves, and to pretend a Title to, though they were excluded Holland and all the Dominions thereto belonging. all Foreign Parts, as for His Majesty's Dominions. That he shall have a (e) Of what effect it were for W. W. to have one Vote amongst them all, is already said. pag. 16. Vote and all Rights and Privileges as any one of the (f) When they themselves had not justly any Rights or Privileges therein. Patentees, upon Condition that he the said William Walcot shall join with the Patentees both his (g) Whereby it appears they found it necessary for themselves to have the benefit of these. skill and endeavour for the (h) They would enjoin W. W. with his skill to endeavour the general Good of the Concern in all Foreign Parts, by receding from his Proceed abroad. general good of the concern; and that the drawing up the Articles to this Effect be referred to (i) Who drew their Bill when W. W. his Patent was on Record, and who was after their Council to defend it. Mr. Attorney General. This their Proposal W. W. did not think fit to admit of. 28. 28 As will be ready to be produced. After all the stir they made about being ready to show an Agreement, they did not produce any, either before the Committees of the Commons, or of the Lords, (although often pressed thereto) as hath been said; so that what Mr. Fitz G. and his Partners most injuriously would have suggested, viz. That W. W. had given up his Right to them, they could no way make out before the Committees. The Year after that such Agreement as they pretend was made, and after they had procured their Patent, Dat. June 1683. And the Order of Counsel in October next following, and when W. W. had taken his Voyage into Holland, having heard in England that they were then endeavouring to gain a Patent there also, a Writing was produced in Holland that began thus.— De Heeren Rob. Fitz Gerald, Col. Theophil. Oglethorp neffens hun undere ge associerden hebbende Const bevorden Zee water andere brack water tot sout water te Maecken bequaem am te Drincken, etc.— Translated thus, The Gentlemen Robert Fitz-Gerald, Col. Theop. Oglethorpe with the rest of their Associates, having found out the Art of making Sea, and brackish Water wholesome, and fit to Drink,— Deputeers e'en afgesonden Mr. Wilhelmus Fitz-Gerald een vande gejnteresseerde— Deputed and sent Mr. William Fitz-Gerald a Person interessed therein— who did in the Year, 1684 give in this Writing from them to the States, wherein they attempted extremely to vilify both W. W. himself and his Art, therein they say,— Het is waer dat een Genaemt Walcot die geene interest met Genaem Heeren en heeft geprétendeert dat hij de voors Const Hadden gevonden.— It is true, that there is a Person named Walcot, who is not concerned with the above named Gentlemen, hath pretended to be the finder out of the said Art,— so that they renounce any pretence to any agreement, and thereby also they shown, they did absolutely Contemn and Reject His Majesty's Order in Counsel, which had enjoined them to be concerned with that Walcot in their making their Intrument of Settlement upon him, the Order having been granted them and declared to be on that very Condition; See the words of the Order before recited page 15. which it was manifest hereby that they were resolved not to Observe. And in the same Writing, they gave an unwarrantable Account of the Proceed of the Counsel in this Affair, and accused W. W. as a Criminal in these Words,— Siine Majeste Van Gr. Brita. door bestuijt van Siien Rect van stacten de brieuven van Octroy aen voorn Walcot geaccordeert beeft ingetrocken end te niet Gedaen, am dat hij Strijdick was tegons de Wetten van Engeland end tegens de Goede Zeeden;— His Majesty of great Britain with the Advice of his Privy Counsel, hath nullified and drawn in the Letters Patents granted to the said Walcot, because he was Refractory to the Laws of England, and against Civil Policy.— And likewise, many groundless Assertions, they would have suggested therein, to magnify themselves and their own skill, and to detract from him and his Art, which they could not justify, the matter being extremely misrepresented, as may appear by this foregoing Discourse, wherein those are sufficiently disproved. 29 Mr. 29 If Mr. Walcot can obtain an Act of Parliament, in Prejudice of this Patent. Fitz G. and his Partners brought their Bill into Parliament in the Year 1685. to the end that W. W. might be Excluded in England, and that when the secrets of his Art should be discovered in Holland, where he than was, they might be sure to grasp the advantages thereof. To defend his Right therefore he was forced to come abruptly out of Holland, and could not return thither since to the Public Exercise of his Art. 30 It seems not unreasonable, 30 Which seems unreasonable. that he that hazarded his Time, Charge and Labour to Invent an Art so Beneficial to Mankind, by denying himself the gain that might have arisen from his other Studies, and through observance of His Majesty's especial Command, wholly applied himself to the advancing and bringing it by infinite of Experiments to Rules of a perfect Art, accomplished at his own constant and grievous Expenses, and had also given to His Majesty undoubted Evidence of the Reality thereof, should have at length reaped suitable Benefit; but it seems very unreasonable, that others should presume to supplant him after all this was done, to snatch from him, and grasp all the advantages to themselves; when they ought rather to have endeavoured him what satisfaction they could for the infinite injury they had done him, though to have made him just Recompense had been utterly impossible, who at last, in labouring to cause his Bill to be stopped, would maintain and justify all their former Wrong by doing Greater. It seems not at all unreasonable that those that have thus long obstructed the true Inventor in the Exercise of his Art, and therein the Public Benefit should be now ordered to Cease. 31 Mr. 31 It is hoped it will be with a saving to Mr. Fitz Gerald's Patent. Fitz G. and his Partners had contrived delays all they could as is before mentioned to the House of Commons, and so now they do to the House of Lords. They were always ready to attend till the time came that they were called for, but then were gone aside, and neglected it, loitering till they might have Summons given, on pretence that they should not be surprised, whereas their Petition was committed with the Bill by the Commons, as hath been said, and they were well ware the Bill was passed, and could not but know that the Bill was sent to the Lords. However, the Committee of the Lords Deferred their Proceed till they might have Summons given them; yet would not Mr. Fitz-G. submit to what the had done, when they had passed the Bill, but Petitioned presently to the House of Lords, Humbly complaining for want as they pretended of due Summons (though they were given them the day before) that the Bill might be Recommitted which was granted, and leave was given by the to bring in a Proviso next Morning; which the Lords met on purpose (where W. W. attended by Order) to see what it was. But Mr. Fitz-G. came without bringing in any Proviso, but instead thereof offered to their Lordships a Proposal in Writing, that Mr. Fitz G. would allow to Mr. Walcot a sixth Part of the Profits arising by the Practice, etc. which could be no other than giving him the sixth Part arising by the Practice of his own Art, which by their Contrivance is nothing whilst they hinder his Working; and then he would have imposed this, which their Lordships would not meddle with. But what Confidence can W. W. put in those Persons whose Deal from time to time he hath had this Experience of; his harkening anew to any Proposal from them, may be ill resented by all those, who upon his Demonstrations made, had owned his Cause and asserted his Interest. And by those who had known the extent of his Adversaries skill, and what their Right is, and had rejected both to accept of his; and should draw upon his Art the Censures of all the Errors and miscarriages they have run into by their Inadvertency, and want of Skill; and should by such an interposition Eclipse the Honour his Art hath justly gained, and trust himself to the Fortune of theirs. And what Proposals can be harkened unto, or Agreement can possibly be made with them, who took no care to observe King Charles his Order in Counsel, which was made so much to their Advantage; But instead of the Uses His Majesty intended, inverted it to other ends to thrust him out of all, insomuch as a sixth part of the clear profits that His Majesty Ordered long since in 1683. they would not vouchsafe to settle upon him in so many Years; but W. W. hath great Reason to believe by the Account the Patentees themselves, and others have given, that they have received from some few Persons such large Sums for Shares, that long ago not a sixth part of the whole Gain, according to their own Division and Valuation of it hath been left undisposed of, they having dealt with many; All perhaps made away by their dividing the future profits which might have been raised by a Man of skill into Shares, and Selling them; though they had in Truth not any thing themselves to dispose of, having neither Right to the Benefit (as is proved) nor Ability in point of skill to perform the Work, whence the profits should arise as by the Event doth appear. Wherefore by their Dealing it is plain, that they had never any intention of observing any Agreement with W. W. but designed to involve him in perpetnal Delays and infinite Disappointments, and by their trifling pretences always to take advantage, and at length to draw him into those destructive Articles they had proposed. And it is not now to be expected, neither is it possible that ever any Agreement of Partnership can be made with them, unless W. W. should prostitute himself and his Art to the Mercy of their Debts and Humour, by exposing his Art to be liable to pay all those Shares which they have for great Sums of Money long ago sold, and satally charged upon the Fund of their own Skill. Those shares they can never acquit themselves of, except they can transfer them upon him; so that his agreeing with them were no less than agreeing that all should be swept away from him, besides himself be irrecoverably ruined by their Debts and Impositions. And it were very vain to imagine that W. W. should neglect to discharge his Obligations to those that have kindly assisted him, and at the same time plunge himself under the Burden of those Persons Debts that have cruelly opposed him. That he should allot out of his own Art those shares that his Adversaries have been paid for, or should undertake to repay those Sums of Money his Adversaries have received for themselves, and those which perhaps by due, aught to have been his, but were contrarily employed to cause his Expense and to force his Ruin. And it were as vain to imagine he should pay for their being instructed in the Art they never knew, but only pretended to, that thereby they might Usurp his Right who was the true Master of it. Wherefore Mr. Fitz Gerald hath no Reason to delude himself, or to trifle W. W. with such Fantasies. So that upon the whole matter, it is plainly Evident, that Mr. Fitz Gerald and his Partners cannot have any pretence to expect W. W. should any way comply with them in this Affair, nor to obstruct the passing of his Bill by reason. That W. W. had obtained Letters Patents solely to himself many Years before they had any Patent. That W. W. performed on his part whatever he had agreed to, and that though he agreed that Articles should be offered, which (he having allowed them therein those Advantages they had insisted upon) were tendered accordingly; yet he never entered into Articles of Agreement, such being rejected; so that he never gave up his right to them, as they had pretended. That W. W. the Inventor hath given evident Demonstrations, and had the Greatest Testimony to bear him Witness, that he can certainly perform the true Art; But, by what Mr. Fitz G. and his Part ners have done, they have shown they have not attained the knowledge, but are ignorant of it. That their Patent was obtained by wrong, and was wrongfully continued ever since. That they can take no benefit of the Order of Counsel, by reason they never performed the necessary condition therein Required. And the King was deceived in his Grant by their misrepresenting the matter, neither were they permitted by the order to enjoy their Patent, or to practise their Art, except they had first made their Instrument of settlement upon W. W. which they never tendered. 32. 32 That of Mr. Walcots' being expired as to time. Whether W. W. his Patent was expired as to the time, is nothing at all to the purpose, since by Mr. Fitz G. and his Partners, it had been obstructed, and by their means ordered to be vacated; for the Prayer of W.W. his Petition to the House of Commons, and the intent of the Bill was, That W. W. might be restored to his Right, (viz. restored by having an Act of Parliament, not by having his Old Patent in Force again;) And have his Term which hath been interrupted, renewed, and enlarged; wherefore his Bill was to renew his Term, as well as to enlarge it; because of their getting a Patent to themselves, and their procuring an Order, that his Patent should be vacated, whereby they obstructed his Proceed: So that he having once obtained a Patent, and having before his Patent granted, had the grand Right of an Inventor, which is still surviving, and is always to continue, the Obstructions of his Right by their procuring a Patent, and by their otherwise opposing his Patent, and causing an Order to vacate it, and the necessity of passing the Act for the Public Benefit, not the first limited time of the expiration of his Patent, were the Ground of the Bill. 33 W.W. 33 And vacated by his own consent. was Summoned to appear before the King and his Counsel, and had Counsel learned, who strongly opposed the vacating of his Patent, and the other Contents of His Majesty's Order, till His Majesty had put an end to the Hearing; so that Mr. Fitz G. urgeth directly contrary here to what he hath acknowledged in this his State of the Case. See pag. 7. and his own Knowledge, for he being present, saw that W. W. did withstand the vacating of his Patent by his Counsel, as long as they were suffered to stay till the Hearing was over, and that both W. W. and his Counsel, and all that attended on his Account by Command, had withdrawn. 34 34 As will appear at the hearing. No such thing did or could appear at the Hearing either before the Committee of the House of Commons, or before the Committee of Lords, as all that were there can testify. Let the World therefore judge whether these Insinuations are not frivolous and unjust pretences. Mr. Fitz-G. by the liberty he usually takes in his Expressons concerning W. W. and by his Reflections upon him, labours to alienate men's minds from the desire of employing him, and would make them believe that he deserves not to have any Encouragement given him; but it is well known W. W. hath been often put to the severest proofs of his Temper, of the truth of his Words, and the sufficiency of his Experiments, yet therein was never found to come oft with Dishonour, wherefore he hopes, he hath given no occasion for others upon any of these persons Allegations, or on whatever account else, to distrust his Credit, or sincerity in any thing. NOW if notwithstanding all the Cares, Toils, Charges, and Difficulties W. W. hath himself laboured through, whereby he hath accomplished so Excellent an Art for the Public USE; and notwithstanding the Invincible Evidence given of the sufficiency of his Art; and such Testimony at home and abroad declaring it: W. W. cannot be received and restored to his Right; but still meet with powerful opposition, and still lie under mighty discountenance to discourage, and force him to give off his hopes of proceeding; his Spirits and Strength will at length fail, that he must retire and submit to his Fate, and then the Art will be lost: Together with the Knowledge and Experience he hath gained by many Experiments and curious Disquisitions in several kinds, chief for the completing of this Art; which if well digested into a methodical Discourse, and made known, might also be highly useful to the Public in many different respects: But if none do regard the benefit, these may bring, it is not for him further to put himself after so much loss sustained, to the Labour and Cost to expose his Notions to the public Censure. William Walcot Humbly desires that those Honourable Members of both Houses of Parliament, that have spent so much Time, and taken such care to Examine the matter, and to pass his Bill, will not at length suffer all to be lost; that the Honourable the House of Commons, that so unanimously Voted for the Bill, and recommended it to the Lords for their Concurrence, will give it new Encouragement. And that the Right Honourable the House of Lords; the Committee of the Lords having in the same Session 1692. Passed his Bill, will take it again into their Consideration, That they may give their Consent, especially since it is manifest, it may be for the Public Benefit of the Nation. To speak of the mighty Advantages W. W. his Art might yield at Sea, and Land requires a Treatise by itself.