THE CASE OF Edmund Heming. Who First set up the NEW LIGHTS IN THE CITY of LONDON. LONDON: Printed in the Year, MDCLXXXIX. THE CASE OF EDMUND HEMING, etc. THAT through the great Pains and Industry of Edmund Heming, that excellent and useful Invention of New Lights is brought to such Perfection, as hath given great Satisfaction in General to the Public. And he had not only the great Trouble of Contriving, Making, Fixing, and Settling this Invention, but did also run great Hazards of considerable Sums of Money expended therein, not knowing what Encouragement it might meet with; and as all Inventions are most Chargeable in their Infancy, so they meet with most Opposition, when they seem to Prejudice some Private Interest. And although the Public doth receive great Benefit by this Projection, yet it had certainly miscarried, if great Care and Diligence had not been used to prevent the unwearied Attempts of some Persons. It is almost incredible to tell the many Troubles and Difficulties the said Heming hath gone through, (and indeed) altogether unnecessary to publish, but upon this occasion, and thereby to show how unjust the said Heming hath been dealt with, by those that are concerned in Copartnership with him. The first great Trouble to him, was occasioned by one Mr. Vernatti, who set up the Glass Lights in Cornhill, and much Opposition was made by the Lord Mayor's Officers; also the Company of Tallow-Chandlers, the Company of Tin-Men, and the Company of Horners, infested him beyond Example; and there were many Hear (by Council) before the Lord Mayor, and Court of Aldermen. And many Objections those Companies did offer to the Court; sometimes alleging that if the said Heming should be encouraged in the Invention, it would be destructive to their particular Trades and Advantage, which indeed they only aimed at, without any regard to the Benefit of the Public. All which Objections, the said Hemings was obliged to Obviate, and did fully Answer, even to a clear Satisfaction. That at the same time, he had all the Care and Management of all the New Lights set up in London, and Places adjacent; and the looking after, and paying all his Servants, and himself never went to Bed all the Winter, till Twelve or One a Clock, and was constantly up again at Four or Five in the Morning, to Trim and Order the Lights, not having at that time skilful hands enured to manage them. And he was the more willing to do all this, lest some of his Servants should be Bribed to neglect their Duty, by those that were inveterate Enemies to the Invention, thereby to bring a disrepute upon the Lights, and so to Ruin the Undertaking. And 'tis well known to many, that by being out at unseasonable Hours, he got a Fit of Sickness, that it was not expected he could live; and yet he was still obliged to do more than his strength would bear, by reason none but himself knew how to manage the Affair. Hereupon he obtained the Encouragement of the Lord Mayor and Court of Aldermen, who were pleased to Issue out their Precepts to all the Wardmotes and Gentlemen of the Quests in London, recommending the New Lights as worthy of their Encouragement. He did carry on this Invention almost two years before any came into Copartnership with him, only one Mr. Samuel Hutchinson did Covenant with him, to lay in for Stock, the Sum of 1000 l. when the said Heming first began, but he never received one Penny of the said Mr. Hutchinson to this day; so that he was obliged to go forward, or lose all the vast Charge and Expense he had been at. That in the year 1686. he entered into Copartnership with Mr. John Bulteele, Mr. Francis Alwyn, Mr. Haley Bishop, and Mr. John Reeves, and the said Parties did Covenant to raise 640 l. as present Stock, to carry on the Undertaking; and by Covenants they were obliged respectively to pay in their Proportions within one Month after the Sealing thereof, or otherwise every of them did debar himself, his Executors, Administrators and Assigns, of any Right, Claim or Interest in the said Invention; and such Share or Shares are to be disposed of to those that run the Hazard of Stock upon the Interest, which was thought to be a reasonable Covenant, for that otherwise any Person might omit putting in of his Stock, and yet might come in when he pleased; so that all the Expense and Hazard would in such Case lie upon one Person, or more, as it might happen; and if the Invention miscarried, the others would lose nothing; but if any profits did arise, they would certainly come in for their Shares. The Stock to be laid in, being 640 l. for the present, viz. John Bulteele 100 l. in Glasses; Haly Bishop 20 l for his own 32th Part, and 20 l. more for a certain Gentleman's 32th Part; and the same Gentleman laid in Stock 40 l. for John Reeves, and Edmond Heming laid in 50 l. as Stock for the said Reeves; so that it doth appear, the said Heming hath received but 80 l. in Money: (except the 50 l. which he himself put in as Stock for the said Reeves) And he hath received no more Money upon account of Stock from any of his Partners to this day, and yet hath carried on this Affair from the year 1684, to the year 1688. and maintained the Lights in good Repair and Reputation, according to his Covenants, to the general Satisfaction of all that have agreed with him, and never did reimburse himself one Farthing, for all the Moneys he hath laid out from the year 1684. to the latter end of 1687. or the beginning of 1688. and then what Money he Received, was Gathered by his own Care and Pains, of such Persons as he could get to pay towards the Lights, or for Lights sold to other Parts of England. That he verily believes he hath not used much above 200 l. worth of Glass more, than for what he and Mr. Bulteele had paid ready Money to Mr. Haley Bishop; and he is ready to pay his Money proportionable to his Share, for what Glass more he hath used; but the said Mr. Bishop hath made greater Quantities of Glass, than ever was bespoke, or will be used in three or four years, though he was to make no more than was necessary, or what he should have Order for. That the said Heming came to the said Bishop's House, and there saw the Glass, and told him a great deal of it was not made fit for his Purpose, and the said Bishop did himself own it, when he heard the Reasons thereof; but did desire the said Heming to take the whole Parcel, and use what he could, and the rest was to be returned; all which will be made appear upon Oath; yet the said Bishop hath refused to receive back such Glass as the said Heming finds not fit for his Purpose, and to discharge the Account of it. That the said Bishop hath been told, and knows very well, that the same Quantity of Glass, and as good for that use, may be bought for 60 l. for which Mr. Bishop is paid 100 l. which is 40. per Cent. more than Common Profit; yet is the said Heming willing to allow that extravagant Price for so much as he hath already used, but thinks himself not obliged to wrong himself and the Copartners of so much Money, when it may be saved in dealing with another. So that it's plain, Mr. Bishop never bought his 32th Part to get by that, but by the Glass he supposed would be used in the Affair; for as a Copartner, every man is obliged to buy as cheap as he can; and if a Partner deals in a Commodity, which the Invention does use, he ought to sell as Cheap and Reasonable as another. But by this means, Mr. Bishop only designs his own Interest, and not the good of the Copartnership, but it's Ruin and Destruction; for his 32d Part will hereby gain more Profit, than all the Shares besides; As for Instance, For every 100 l. contracted, Mr. Bishop's Share is but 3 l. 6 s. 9 d. to pay towards it; and for every 100 l. worth of Glass, his Dividend allowed is 36 l. 13 s. 9 d. more than Common Profit. And this Discovery striking at his Interest, and finding himself like to lose his overreaching Design, he contrives all ways imaginable to disinable the said Heming, and to make him uncapable of going on with his Design, as will more apparently appear by his Fraudulent and Irregular Actions. Mr. Alwyn having laid in no Stock, by his own Hand and Seal hath cut himself off of any Right, Claim or Interest, in the Invention. Mr. Reeves is under Age, and his Guardian dead, so that only Bulteele, Bishop, and Heming, can Act. Some time since, one Geary a Weaver in Old Street, came to the said Heming, and told him he had bought Mr. Alwyn's Interest; to which was answered, That they could not let him in; but if he had a good Title to the Interest, he might exhibit a Bill in Chancery, and they could not hinder him; and the said Geary and others concerned with him, told the said Heming, That if he would let them come in, without any trouble, they would bear him harmless, and secure him from any other Pretensions, or any damage that should happen by their coming in upon those shares. Whereupon the said Heming did agree with them, and the Copartnership was to be drawn to the content of each Person, and their Attorney was to call for it to engross; but the Gentlemen had changed their Minds, and would not suffer it to be drawn, till they had seen the Account; but Heming was advised by Council, that he was not obliged to expose his Accounts to Persons (as then) unconcerned, for by so doing, he should give them liberty of being on or off as they pleased; and especially considering there was a Commission of Bankrupt against Mr. Vanbeasler, who sold the Shares to Mr. Alwyn, of whom Geary saith he bought them; so that in such Case the Right lay in the Assigns of the Creditors of Vanbeasler, they paying their Proportion of all Moneys laid out upon Account of the Shares, with Interest, and such other Charges as shall justly appear; otherwise it rightfully devolved to Heming, who indeed laid down the Stock. That the said Geary bought the Interest of Alwyn for 130 l. and that by an old Debt too, which is indeed, worth 1000 l. and with good Management, and the Improvements that may be made thereof, will pay all the Creditors of Mr. Vanbeasler twenty Shillings in the Pound. After this, Mr. Geary, and those concerned with him, presently apply themselves to Mr. Bishop, and Mr. Bulteele, who readily complied and closed with them. But it must be confessed Mr. Bulteele hath several times solemnly declared, before divers Persons, that he knew nothing of those Scandalous Advertisements, put forth in the Gazette against Heming, and it was done contrary to his Knowledge; so that it appears to be chief contrived by Mr. Bishop, who hath but one small Share, and Geary and others, who have no Right at all in Law or Equity; and yet the said Geary hath styled himself in the Gazette, Numb. 2414. a Patentee with Mr Bishop, insinuating that the said Heming hath not any part therein; although it doth plainly appear, he is a Party in all the Leases that are made, and all Moneys payable unto the said Heming, or his Receipts. And Geary hath sent one up and down the Town, to acquaint the Inhabitants, that the said Heming hath nothing to do in the Affair, and was no more but a Servant to them. The said Copartners and others, have called upon Heming for an Account, and made a great Clamour, as if they had entrusted him with great Sums of Money, and could not get any Account from him; but it were much more reason to give in their own Accounts first, for several Sums of Money which they have received for Lights that the said Heming made and set up; and he doth not doubt but Mr. Bulteele hath very near reimbursed himself already by such Money received by him. That although Mr. Bulteele and Mr. Bishop never gave any Account to him to this day, yet Heming sent them an Account in September last, of all Moneys that had been disbursed and received by him, to that time, and the Names of each Person he received it of; which Account hath since been shown to a Gentleman, who they did agree should Audit it, and that they would pay Heming all such Money as should be awarded due to him; but until Mr. Bishop and Mr. Bulteele would enter into Bonds of Arbitration with Heming, to stand to such Award, the Gentleman would not meddle; and nothing being done therein, Heming has no other way left him, but to proceed against them in Chancery, to get his Money, which does amount to 1100 l. and upwards, due to him, discounting all Money received by him. So that upon the whole matter, 'tis easy to discern who hath been the greatest Sufferer for want of an Account. Heming hath raised and disbursed upon his own Credit, 1546 l. and upwartds, besides Interest Money, and the Damage which he hath suffered for want of the Money of his Copartners to be laid in, proportionable to their Shares; and the Invention must of necessity have perished, if the said Heming had not had good Friends to stand by him, and been otherwise supported than by such Doughty Copartners. Now could any honest thinking man believe, That the said Heming could pay near 700 l. for men's bare Wages, buy Oil, Ironwork, Tin-Plates, Soder, Wire, Posts, Board's, Painting, Cotton, Working Tools for the Men, and pay House-rent where they work, and all Fees to Council, and necessary Charges spent in Defence against the Three Companies, and others; which Charge alone is near as much Money as the said Heming ever received from his Partners, besides his own necessary Pocket Expense relating to this Affair, which he has reason to believe to be more than the other, and which he never yet charged. And although the Copartners do very well know all this, and Mr. Bulteele lived in the said Heming's House Three years, and saw the many Sums of Money he continually paid, and what daily occasion there was for more Money, never receiving one Penny of Profit or Advantage from the Invention, till the latter end of the Year 1687, and the beginning of 1688. And yet the said Heming was obliged to raise Money upon his own Credit, or the Invention had inevitably fallen, and come to nothing. That by Covenants of Copartnership, the said Heming is to be paid by the Copartners, and to receive a Salary of 90 l. per Annum, for which there is 200 l. due to him, and unpaid, and of which they have not paid him one Penny. It hath been the unhappiness of the said Heming to have to do with a sort of rapacious Men, that were in expectation of getting Money by the Invention, before they had scarcely laid out any Money thereupon; and Wise Men have thought and declared, That if the said Heming should be able to bring the Invention two Years hence, to make good the Principal Money disbursed thereupon, it would be a very great Accomplishment; and yet this he hath done beyond Expectation. And therefore let it be remembered with how little colour or pretence, they can charge Heming with running the Invention in debt; and whether with much more reason it may not be justly charged upon Mr. Bishop himself upon the Considerations before mentioned. Thus Heming having brought the Invention to bear part of its own Charges, now some by Force, and others without any Title, will forcible come in, whether he will or no, and receive the Profits thereof, with which the said Heming ought in the first place, to reimburse himself, and to pay all the just Debts relating to the Copartnership; the Copartners being bound under their Hands and Seals to stand by the said Heming, and to save him harmless from all Actions, Suits, and Incident Charges and Expenses that shall arise upon account of the Invention; and also to pay all just Debts with the said Heming, that shall become due upon the same; and yet though the said Heming hath sent several of the Creditors to demand their Money of the said Copartners, they have sent them back again, saying, Heming agreed with them, and they must sue him for the Money. Nay, they have brought several Actions against him themselves; and by their procurement and instigation, have made divers Creditors, and others, to do the same, on purpose to ruin him, if they can, and to destroy the whole Invention; and they have been heard to say, If they could but lay him fast in Goal, and so keep him under Confinement, they should force him to comply, and be Masters of all themselves. Yet in all this they have hitherto failed, and he goes on to set up his Lights in several Parts of the City, and Places adjacent, for the Benefit of the Public, being the true end, for which the Patent was at first granted. They have indeed demanded a special Writing, wherein they are obliged to pay all just Debts with the said Heming, and threatened if he would not deliver it up, they would Gazette him; to which the Answer was easy, viz. That if they could make it appear, that there was one Grain of Honesty or Justice in their Demands, he would deliver them such Writings immediately; but till then, he was resolved to keep it, and thinks he has very good reason so to do. It can be proved, that at the very time, when the said Copartners did call on Heming for his Account, they did forbid Ralph Grethorex then his Clerk, to deliver him his Books; so that Grethorex's Account is not made up to this day; and when Heming Arrested him for his Books and Money due to him, Mr. Geary and others Bailed him out; all which plainly shows their Confederacy and Combination against Heming, even to an utter Breach of the Copartnership itself. And moreover they sent Grethorex to all the Houses in and about London, where Heming had placed the Lights, and forbidden each House to deliver them to Heming, or his Agents, on purpose to alarm the Town, and to give People occasion to think that Heming was either Run away, or had committed some base and dishonest Action, whereof he could not justify himself, and with design to ruin his Credit; that the said Heming did borrow 100 l. of a Gentleman, who sometimes after called for his Money, who was thereupon brought to Mr. Bishop, who knew the Money was all borrowed for the Service of the Copartnership; but the said Bishop would in no wise be concerned therein; whereupon Heming did give the Creditor as much Commodity into his hands, as would secure the Debt, till the said Heming could otherwise raise Money to pay him; and upon this Score only, have they upbraided Heming, and industriously spread it up and down the Town, that he hath pawned the Goods belonging to the Copartners. Now after all this, these Gentlemen pretend great kindness to me, and offer to lend me 4 or 500 l. more than my Disbursements are, upon Condition that I will let them quietly into the Concern, and give them my Accounts; which I neither can, or aught to do; for that I cannot believe they can ever have any kindness for my Person, who have not only, so barbarously wounded me in my Reputation with Lies and Slanders, that fly like the Arrows by Night; but have broken all the Bonds and Covenants of our Copartnership, as appears by the Premises. I could add much more, but I should tyre myself and the Reader to go through all; therefore I will only add this, that notwithstanding all the ill dealing I have met with from my Copartners; yet by the Blessing of God, I do not despair to be once more Master of this my Undertaking, and to retrieve the Reputation it hath lost by the ill Management of ignorant, unjust, and self-designing Men. And whereas Geary and others, have unlawfully entered upon the Lighting of some Parts of the City, and let Leases in Geary's Name, all such Leases are naught; the said Geary having no Right in the Patent by the Assignment of Mr. Alwyn, as he pretends: And the said Geary beginning to be weary of his unjust Undertaking, People refusing to Trust him with Oil, and other Materials, I do take all possible Care I can, to supply the first Defect that they shall make in Lighting, and go on to perform my Covenant, as by the Leases bound. And whereas each Inhabitant hath an equal Property with me, in all the Lights placed up in the Street, for the Term of five years; you are therefore desired to take care that no Person with what Pretention soever, take down any of the Lights, except I come myself, or some of my Servants, that shall have my Hand and Seal for so doing; who will take care the Lights be placed in such Houses in your Streets, that they may be safe, and forth coming, and sit for your Service for the ensuing Year. ADVERTISEMENT. IF any Gentlemen or others, are willing to be accommodated with New Lights in their Street, Houses, Stables, Yards, Lead-Mines, Tin▪ Mines, or Coal-Mines, or for Coaches or Horses that Travel late at night, they may be furnished therewith by Edmund Heming, living near the Still-yard in Thames street, who made the first Lights that were set up in London, for the Use and Benefit of the Public. And if any Gentleman hath a desire to have his Coat of Arms, or any other Fancy appear in the said Light, it shall be performed by the said Heming, in a very Curious manner: And whereas the Partners of the said Heming have caused a difference between themselves and him; and the said Partners, and pretended Patentees, who are wholly ignorant, and were never Masters of the Invention, have by themselves made several Lights in imitation of those Lights first made and set up by the said Heming, much to the disparagement of the Invention, many of them giving no better Light than the common Glass-Lights, contrary to the express Words of the Patent for the great and durable Increase of Light. You are therefore desired to take Notice, That such Lights are set up contrary to the knowledge and direction of the said Heming, and are none of the Right Make. This Case as stated, will help the Gentlemen to be better Adviced by Council, and they then may know the truth of their Title. FINIS.