AN ANSWER TO Mr. FITZ-GERALD's State of the CASE Concerning the PATENT OF Making Salt Water Fresh Licens'd 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 sheweth 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 Publick and is known to be Demonstratively True in it self 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 chearfully 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 Solliciting 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 Judgment 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 Councel it should for that reason be void and his Patent soon after to be Cancelled 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 extreamly 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 easie and practicable way of making Salt Water Fresh and Wholsome 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. Fitz-Gerald'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. Fitz-Gerald's State of the Case concerning the Patent of Making Salt Water Fresh c. 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 intituled 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 shewn more at large Mr. Fitz-Gerald gave in a Paper Printed Entituled The State of the Case concerning the Patent c. which was the Substance of what his Councel 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 Councel 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 Councel made Void accordingly Another Patent was Granted to Robert Fitz-Gerald Esq and his Partners June in the
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 Proceedings 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 Tryals 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 applyed 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 Expences But after their Water had been much Experienced there the Work was Discontinued and bath bene left off ever since it being now since it had been their carryed on many years what the Lord Dartmouth his Judgment 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 Cha. Bertie H. Alured Febr. 10th 1692. Concerning their Water prepared in Lothbury at the end of Bartholomewlane See the following Account I do certifie 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 Tryal 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 Parliment 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 stifly 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 Publick 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 it self that they should be no longer hearkened unto And now when their Work hath been so often rejected at Sea and sometimes on Land rather then 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 Majesties 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 VV. VV. 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 imployed and up held in Their Majesties Service they may for the future prevent W. W. his gaining an Act of Parliament vainly hoping thereby to force VV. VV. 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 Tryals made To have it rejected there can be no hopes left that they withtheir Work should
will be ready to be produced After all the stir they made about being ready to shew 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 VV. VV. 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 hunne undere ge associerden hebbende Const bevorden Zee water andere brack water tot sout water te Maecken bequaem om te Drincken c. 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 een afgesonden Mr. Wilhelmus Fitz-Gerald een vande gejnteresseerde Deputed and sent Mr. VVilliam Fitz-Gerald a Person interessed therein who did in the Year 1684 give in this Writing from them to the States wherein they attempted extreamly to vilifie both VV. VV. himself and his Art therein they say Het is waer dat een Genaemt VValcot 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 VValcot 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 shewed they did absolutely Contemn and Reject His Majesties Order in Counsel which had enjoyned them to be concerned with that VValcot 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 Proceedings of the Counsel in this Affair and accused VV. VV. as a Criminal in these Words Siine Majeste Van Gr. Brita door bestuijt van Siien Rect van stacten de brieuven van Octroy aen voorn VValcot geaccordeert beeft ingetrocken ende te niet Gedaen om dat hij Strijdick was tegons de VVetten van Engeland ende 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 VValcot because he was Refractory to the Laws of England and against Civil Policy And likewise many groundless Assertions they would have suggested therein to magnifie themselves and their own skill and to detract from him and his Art which they could not justifie the matter being extreamly 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 VV. VV. might be Excluded in England and that when the secrets of his Art should be discovered in Holland where he then 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 Publick 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 Majesties especial Command wholly applyed himself to the advancing and bringing it by infinite of Experiments to Rules of a perfect Art accomplished at his own constant and grievous Expences 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 Recompence had been utterly impossible who at last in labouring to cause his Bill to be stopped would maintain and justifie 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 Publick 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 delaies 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 loytering till they might have Summons given on pretence that they should not be surprized whereas their Petition was committed with the Bill by the Commons as hath been said and they were well aware 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 Proceedings till they might have Summons given them yet would not Mr. Fitz-G submit to what the Committe 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 Committe to bring in a Proviso next Morning which the Lords met on purpose where VV. VV. 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. VValcot a sixth Part of the Profits arising by the Practice c. 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 VV. VV. put in those Persons whose Dealings from time to time he hath had this Experience of his hearkning 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 Eclips the Honour his Art hath justly gained and trust himself to the Fortune of theirs And what Proposals can be hearkened 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 VV. VV. 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 VV. VV. but designed to involve him in perpetnal Delaies 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 VV. VV. 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 VV. VV. should neglect to discharge his Obligations to those that have kindly assisted him and at the same time plunge himself under the Burthen 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 ought to have been his but were contrarily emploied to cause his Expence and to force his Ruine 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 VV. VV. with such Phantasies So that upon the whole matter it is plainly Evident that Mr. Fitz Gerald and his Partners cannot have any pretence to expect VV. VV. should any way comply with them in this Affair nor to obstruct the passing of his Bill by reason That VV. W. had obtained Letters Patents solely to himself many Years before they had any Patent That W. VV. 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 entred 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 shewn 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 practice 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.VV. 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 Proceedings 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 Publick 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 VV. 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. VV. 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 testifie 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 VV. VV. and by his Reflections upon him labours to alienate Mens 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. VV. hath been often put to the severest proofs of his Temper of the truth of his VVords 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 Toyls Charges and Difficulties W. W. hath himself laboured through whereby he hath accomplished so Excellent an Art for the Publick USE and notwithstanding the Invicible 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 powerfull 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 chiefly for the compleating of this Art which if well digested into a methodical Discourse and made known might also be highly useful to the Publick 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 publick 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 Publick Benefit of the Nation To speak of the mighty Advantages W. W. his Art might yield at Sea and Land requires a Treatise by it self
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 tryals 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. bespake 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 shew 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 Compleated 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 Compleat 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 thas 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 Work-men 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 Enquiries and Objections being Answered His Majesty was so well satisfied in all respects having some of the Water that he saw compleated brought to White-hall to be kept that there upon he granted his Letters Patents declaring therein as before-mentioned 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 asking Questions was not upon any Dislike but that He would be further informed in the matter and shewed 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 extreamly 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 c. The Testimonial of Mr. John Shish Chief Master-Builder of his Majesties 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 Boards in a Room which I see hath been much used with security from Danger of Fire I do Certifie 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 Certifie 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 Vse to Navagation as well to His Majesties 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 Majesties 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 tho it was longer 9. 9. Upon the Encouragement of Mr. Boyle made a Discovery That while Mr. Boyle 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
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 States General of the United Netherlands upon a Petition presented to them on the behalf of W. W. that He and his Opponents might be order'd to appear before them to make publick 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 Tryals before them whose approbation seems sufficient to satisfy in this matter The States 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 judgment 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 Sea-men also to whom they appeal and others ha ve had experience of their Tryals 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 shewn 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. Boyle'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 Boyle to be kept so sealed up by the present and succeeding Lord Mayors lest a Secret of so great importance to the Publick might come to be lost if lodged only in the knowledge of a few Persons therein concerned See Londons Gazette January 23 1684. Or lest whilst themselves are busie taken up in the practising of their Art they should forget their Secrets wherewith they do it A voluminous Song or Panegerick 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 Gallens time was not known they demand by Vertue they say of an order of Council that W. W. the first and true Inventor of making Sea water fresh c. should pay according to one of their Articles which they proposed after the hearing before his Majesty in Councel 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 't is partly by some Obstacles we met from the Suggestions of a private Person And at the Council they pleaded that W. W. had no 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 Majesties 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 Joyn with the Patontees both his Skill and Endeavours So that though they are pleased to Stile 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 Hearings 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 Councel 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. Fitz-Gerald's Patent
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 VV. VV. 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 Councel 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 atchieved 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 meerly in order to a Treaty or that he and they should Treat which in some Sence 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 least it might detect their manner of Dealing And therefor 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 Expences 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 Proceedings 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 Councel 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 VV. VV. 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 c. withot VV. VV. his Name or Consent Mr. Fitz Gerald and the other Patentees on their part notoriously brake this their Agreement as they call it by their acting seperately from VV. VV. 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 VV. VV. at all who do intend to agree with all such as are willing to deal with them c. and otherwise by their further opposing him from time to time And they also brake 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 stop'd 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