A NEW INVENCON OR SEA-CRABB FOR WORKING IN THE SEA, FOR FISHING AND TAKEING VP OF SHIPPS, GUNNS, AND GOOD LOST AND FORSAKEN, WITH MORE FACILITY THAN HATH YET BEEN ATTAINED BY ANY
Year: 1689

page_text: WHEREAS our trusty and welbeloved FRANCIS SMARTFOOT, Citizen of
London, hath by his bumble peticon repsented vnto vs, that with long study
and great expence hee hath found out "A NEW INVENCON OR SEA-CRABB FOR
WORKING IN THE SEA, FOR FISHING AND TAKEING VP OF SHIPPS, GUNNS, AND GOOD
LOST AND FORSAKEN, WITH MORE FACILITY THAN HATH YET BEEN ATTAINED BY ANY;"
and hath humbly besought vs to grant him our Letters Patent for the sole
working of the said engine or sea-crabb in all the seas within our dominions
(except from the Northforeland to the westward of the Lizard and Islande of
Scilly), for the terme of fourteen yeares, according to the Statute in that case
pvided, which said peticon wee haveing been gratiously pleased by our Order
in Councill, dated the Two-and-twentieth day of July last past, to referr to the
examinačon of the Principal Officers and Comissioners of our Navy, to
certify to vs whether the same be a new. invenčon, together with their opinion
therevpon; they have accordingly made report vnto vs that they had veiwed the
said engine, and are humbly of opinion that it is a new invenčon, and that it
may be vsefull for the weighing or taking vpp shipps, gunns, and other thing
out of the sea, as in the said petičon is sett forth; and that they have also
seen another Invenčon of the petičoner for a man's breathing vnder water

page_text: in a paire of lunge fixed to his back as hee swims, and do humbly conceive the
same may be of vse to the said engine.
KNOW YEE THEREFORE, that wee, being willing to cherish and
encourage all laudable endeavours and designes of such our subiecte as have by
their industry found out vsefull and pfitable arte, misteries, and invenčons, and
that the said Francis Smartfoot may accordingly reape some fruite and benefitt
of his labor and charge, in and concerning the misses, of our especiall grace,
certaine knowledg and meer močon, wee have given and granted, and by these
sents do give and grant vnto the said Francis Smartfoot, his executors,
administrators, and assignes, especiall lycence, power, priviledge, and authority,
that hee and they, by him and themselves, and by his and their deputies,
servante, agente, and workmen, and such others only as hee, the said Francis
Smartfoot, his executors, administrators, and assignes shall agree with, shall and
may, from time to time and at all times hereafter during the space of fourteen
yeares next ensucing the date of these psente, at his and their owne pper
cost and charges, erect, vsc, teach, excise, and putt in practice the said
several new Invenčons so by him contrived and found out as aforesaid, in all
the seas within our dominions, except from the Northforeland to the westward
of the lizard and Islande of Scilly; and also shall and may receive, take, and
enioy all the benefitte, pfitte, commodities, and advantages of and by the said
new invenĉons, and either of them, to be had, made, acquired, and gotten, to
his and their owne pper benefitt, vse, and vses, except as hereafter is excepted,
to have, hold, vsc, excise, and enioy the said lycence, powers, priviledges, and
authorities, and all other the misses by these psente granted or menconed to
be granted vnto the said Francis Smartfoot, his executors, administrators, and
assignes, for and during and to the full end and terme of fourteen yeares from
the day of the date of these psente next ensueing, and fully to be compleat
and ended according to the Statute in that case made and pvided. And to
the end the said Francis Smartfoot, his executors, administrators, and assignes,
may the better enioy the full and whole benefitt and the sole vse and excise
of his said new Invenčons, wee do by these psente for vs, our heires, and
successors, streightly charge, require, and command all and every person and
persons, body's politick and corporate, of what quality, degree, name, or con-
dicon soever they be within our said Kingdome of England, Dominion of Wales,
and Towne of Berwick-vpon-Tweed, and all and every other our dominions
whatsoever, that neither they nor any of them during the said terшe of four-
teen yeares hereby granted either directly or indirectly do vse, excise, or put
in practice the said severall new invenčons, or either of them, so by the said
Francis Smartfoot found out and invented as aforesaid, nor do nor shall coun-

page_text: terfeit, imitate, or resemble the said newe invenĉons or either of them, or any
materialls therevnto respectively belonging, nor do nor shall make any addicon
therevnto, nor substracčon therefrom, whereby to Ptend themselves the in-
venters or devisors thereof, without the lycence, consent, or agreement of the
said Francis Smartfoot, his executors, administrators, or assignes in writing
vnder his or their hande and scales first had and obteined in that behalfe
vnder such paines and penalties as can or may be inflicted on the offender or
offenders therein for the contempt of this our royall coñrand, and further to
be answerable to the said Francis Smartfoot, his executors, administrators, and
assignes according to the vtmost rigor of the law for his and their damages
thereby susteined. And further wee do by these psente for vs, our heires and
successors, give and grant vnto the said Francis Smartfoot, his executors,
administrators, and assignes, full power and authority that hee, they, and every
of them, his, their, and every of their deputys, agente, and servante, having
first obteined a warrant in that behalfe from the Lord Cheife Justice of our
Court of King Bench for the time being with the assistance of a constable
or other lawful officer (as well within liberties as without) at convenient times
in the day during the terme aforesaid, and in lawful manner, shall and may
make search in any place or places within our said Kingdome of England,
Dominion of Wales, and Towne of Berwick-vpon-Tweed, where there shall be
just cause of suspicon, for discovering and finding out of all such person or
persons as shall imitate, make, vse, or keepe, or cause to be imitated, made,
vsed, or kept, the said severall new invenčons or engines, or either of
them, so as aforesaid by the said Francis Smartfoot found out and in-
vented; and further, that it shall and may be lawful for the said Francis
Smartfoot, his executors, administrators, and assignes, vpon the like sus-
picon, and in like lawful manner, from time to time during the said terme,
with the assistance of any of the officers of our Admiralty, by virtue of any
warrant or warrant to be issued in that behalfe by the Commissioners for
executing the office of our High Admirall of England, or by our High Ad-
mirall of England, or admirall or governours or any of our plantacons or do-
minions whatsoever, or any other principall officers of our Admiralty for the
time being (which warrant and warrante wee do hereby authorize our said
respective officers to issue from time to time as occacon shall require) to enter
into and on board any shipp or shipps, vessell or vesselle whatsoever, or into
any place or place in any of our dominions or plantacons beyond the seas for
the finding out and discovering any person or persons who shall imitate, make,
vse, or keepe, or cause to be imitated, made, vsed, or kept, the said newe
invenčons or engines, or either of them, contrary to the true incaning of these

page_text: our Letters Patente, that so such offenders may be peeeded against and
punished according to the vtmost rigor of the law; and further wee do by
these our Letters Patent for vs, our heires and successors, will, authorize,
require, and comand as well the Comissioners for executing the office of our
High Admirall of England, as also our High Admirall of England, and all our
vice-admirall, governours, and admiralle of all and every our plantacons and
dominions, and all other officers of our Admiralty now and for the time being;
and also all and singular justices of the peace, mayors, sheriffe, bayliffe, con-
stables, headborowes, and all other officers and ministers whatsoever of vs, our
heires and successors, now and for the time being, whom it may concerne, that
they and every of them respectively be from time to time, during the terme
hereby granted, in their respective offices, and according to their and every of
their best skill and endeavours, ayding, helping, and assisting vnto the said
Francis Smartfoot, his executors, administrators, and assignes, deputys, agente,
and servante, in and by all thing in and aboute the accomplishment of our
royall will and pleasure herein-before declared, and in the execucon of the severall
powers and priviledges hereby granted as aforesaid; and moreover wee do by
these sente for vs, our heires and successors, will and command that our said
respective officers and ministers before menčoned, or any of them, do not nor
'shall at any time hereafter during the terme hereby granted in any wise molest,
trouble, or hinder the said Francis Smartfoot, his executors, administrators, or
assignes, deputies, agente, or servante in or about the vse or excise of the
aforesaid invenčons or either of them, or any part thereof, or anything relating
thereto Provided alwayes, and these our Letters Patente are and shall be
vpon this condičon, that if at any time during the said terme of fourteen yeares
hereby granted, it shall be made appeare to vs, our heires and successors, or
any six or more of our or their Privy Councill, that this our grant is contrary
to law, or piudiciall or inconvenient to our subiecte in generall, or that the
invenĉons before menconed, or cither of them, are not or is not a new in-
venčon or new invenčons as to the publick vse and excise of the same, and
not invented and found out by the said Francis Smartfoot as aforesaid, then vpon
'significačon and declaracon of such piudice or inconveniency to be made by
vs, our heires or successors, vnder our or their signet or privy séale, or by the
lord or others of our or theire Privy Councill, or any six or more of them
vnder their hande, these our Letters Patente shall forthwith cease, determine
and be vtterly voyd to all intente and purposes, anything herein-before con
teyned to the contrary notwithstanding: Provided also, that these our Letter
Patent, or anything herein conteyned, shall not extend or be construed to
extend to give priviledge vnto the said Francis Smartfoot, his executors, ad

page_text: ministrators, or assignes, to imitate any invenĉon or worke whatsoever which
hath been heretofore invented or found out by any other of our subject what-
soever, and publickly excised within our seas aud dominions aforesaid, to whom
like Letters Patente of priviledge have been already granted, for the sole excise
and benefitt thereof; it being our will and pleasure, that the said Francis Smart-
foot, bis executors, administrators, and assignes, and all and singular other per-
son and persons to whom the like Letters Patente have been already granted, as
aforesaid, shall distinctly vse and practice their severall inventons by them
respectively found out, according to the true meaning of such Letters Patente
and of these Psente: Provided always, and our will and pleasure is, and the
said Francis Smartfoot, for himselfe, his executors, administrators, and
assignes, doth covenant and promise to and with vs, our heires and successors,
in manner following (that is to say):-That hee the said Francis Smartfoot,
his executors, administrators, agente, servante, or assignes, or some of them,
shall and will from time to time during the continueance of this our grant,
when and as often as hee or they shall be therevnto required by the Commis-
sioners of our Treasury now being, or by the High Treasurer or Comissioners
of the Treasury, of vs, our heires or successors for the tyme being, make and
give true and iust account in writing vpon oath to be taken before one or
more of the Barons of our Excheq, for the time being, of all such shipps,
vesselle, good, merchandizes, gunns, riches, treasure, and other thing lost,
wrecked, cast away or forsaken in any depth of water whatsoever within any
of the seas above menconed (except before excepted), and which shall from
time to time dureing the terme hereby granted be taken vp or recovered by
the said Francis Smartfoot, his executors, administrators, agente, servante, or
assignes, by virtue of these our Letters Patente. And further, that such
of the said shipps, vesselle, goodę, merchandizes, gunns, riches, treasure, or
other thing aforesaid as shall be taken vp and recovered within any the
limitte above menčoned, at any time during the terme hereby granted by
virtue and in pursuance of these our Letters Patente, shall be brought into
the Port of London (the hazardf of the seas, restraint of princes and rulers,
enemyes, pirate, barratry of seamen and accidentall fire only excepted). And
that hee the said Francis Smartfoot, his executors, administrators, or assignes,
shall and will well and truly answer and deliver, or cause to be well and
truly answered and delivered to and for the only pper vse and benefitt of vs,
our heires and successors, vnto such pson or psons as wee, our heires or
successors, or the Lorde Commissioners of our Treasury now being, or our
High Treasurer or Commissioners of our Treasury for the time being, shall
direct and appoint for that purpose, one full and entire fifth part or share

page_text: (cleare of all charges and expences whatsoever) of all such shipps, vesselle,
merchandizes, gunns, treasure, and other thing, which at any time or times
during the said terme shall by virtue of this our grant be taken vp or
recovered by him the said Francis Smartfoot, his executors, administrators,
agent, or assignes, in all depths of water from one fathom to ten fathom, in any
of the seas and parte above menčoned, which are within the true intent and
meaning of these our Letters Patente, either in specie or the true value
thereof, if the same cannot conveniently be shared or devided (the perille of
the seas, restraint of princes and rulers, enemyes, pirate, barratry of scamen
and accidentall fire only excepted). And wee are graciously pleased, and do
hereby for vs, our heires and successors, grant and agree to and with the said
Francis Smartfoot, his executors, administrators, and assignes, that hee and they
shall and may reteyne in his and their owne hande, and to his and their owne
vse and benefitt, and as his and their owne pper goode and chattelle, aswell the
remaining foure-fifth part of all and singular the said vesselle, gunns, good,
riches, and misses, which shall be recovered or taken in any depths of water
from one to ten fathom as aforesaid, (the said fifth part thereof belonging to vs,
our heires and successors, being first paid and satisfied,) without any accompt,
matter, or thing whatsoever to be rendred or paid to vs, our heires or successors,
for or in respect of the said foure-fifth part of the misses, and also all and
singular the whole and entire shipps, vesselle, gune, goode, riches and other
things which shall be recovered by virtue of this our grant, in any depths of
water exceeding tenn fathom, without rendring, paying, or answering anything
whatsoever to vs, our heires or successors, for or by reason of the same.
lastly, our will and pleasure is, and wee doe by these sente for vs, our heires
and successors, grant vnto the said Francis Smartfoot, his executors, adminis-
trators and assignes, that these our Letters Patente, and the severall grante,
powers and authorities therein conteined, or the enrollment or exemplificacon
thereof, shall be in and by all thingę firme, valid, and effectuall in the law to
all intent and purposes, according to the purport, true intent and meaning of
the same; and shall be soe taken, deemed and adjudged in all our Court of
judicature, and before all our judges, justices, officers, ministers, and subiecte
whatsoever, within all and every our dominions, notwithstanding the not full
and certain describing or menconing of the said severall engines, arte, or
invenčons or either of them, or of the materialle, ways, or meanes of makeing,
vseing, working, or exciseing of the same, or of the certain vse or benefitt
thereof, or any other defect, incertainty, or impfeccon in these psente, or any
act, statute, provision, proclamačon, or restricčon, or any other matter, cause,
or thing whatsoever to the contrary in any wise notwithstanding: Provided
And

page_text: alwayes, that if these our Letters Patente be not enrolled with our Remem-
brancer of our Court of Exchequer within the space of six moneths next
ensucing the date hereof, then the same and every clause therein conteyned
shall cease, determine, and be voyd, anything before menčoned to the contrary
notwithstanding.
In witnessc, &c. Witnesse ourselves at Westm, the eighth day of
November.
Be Writt of Privy Seale
In witnessc, &c. Witnesso ourselves at Westm, the eighth day of
November.
By Writt of
Privy Sonlo