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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66520	An Answer to Mr. Fitz-Gerald's state of the case concerning the patent of making salt water fresh	Walcot, William.	1695 (1695)	Wing W285A; ESTC R7366	31,439	28

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

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 shewn 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 Easy and Practicable way of making Salt Water Fresh How New their way is see afterwards 11. And so Easie 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 tho once when first there were Tryals 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 Hollands 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 chiefly 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 perswade some persons to buy their Engines and Ingredients for Sea and be at the Expence of Trying to use them but those were too few to clear their Reckonings what they gained this way could never countervail the charge they put themselves to and they had great summs 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 altho 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 Recompence 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 VV. VV. his Sea Water THese are to Certifie 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 Seignior of the Turks I had the Satisfaction of several Tastes of my VVorthy 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're 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 perswaded 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 it self 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 VVitness whereof I here Subscribe my Name this 25th of May 1688. Chandos This agreeth with the Original of his Lordships own Hand-writing 13. 13. Having obtained a great Credit among Seamen Physicians and others If they mean by Credit such a Belief that drew in great summs 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 magnifie 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 shewn 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 testifie any thing for them but many whose Names they produced have decryed it Though a Testimonial under the Hands of many of the Physicians of the Colledge 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