A NEW WAY NEVER BEFORE PRACTISED IN ANY OUR DOMINIONS, IN DISCOVERING AND TAKEING VPP OF GOOD OUT OF WRECK & SHIPPS SUNCK IN THE SEA, OR VPON THE COAST, THAT HAVE BEEN SUNCK LONG AGO, WITH SEVERALL TOOLS AND ENGINES NEVER BEFORE MADE VSE OF (IN THESE PART() FOR THAT END AND PURPOSE
Year: 1671

page_text: CHARLES THE SECOND, by the grace of God King of England, Scotland,
France, and Ireland, Defender of the Faith, &c., to all to whome theise
present shall come, greeting.
WHEREAS our trusty and welbeloved EDMUND CUSTIS the elder, hath by
greate industry and labour, and with a very considerable charge & expence,
found out a "A NEW WAY NEVER BEFORE PRACTISED IN ANY OUR DOMINIONS,
IN DISCOVERING AND TAKEING VPP OF GOOD OUT OF WRECK & SHIPPS SUNCK
IN THE SEA, OR VPON THE COAST, THAT HAVE BEEN SUNCK LONG AGO, WITH
SEVERALL TOOLS AND ENGINES NEVER BEFORE MADE VSE OF (IN THESE PART() FOR
THAT END AND PURPOSE;" and haveing also at his greate charge brought with
him severall forreigners for the putting the same in practise on the coaste of
our dominions, hath humbly besought vs for the future support and encou-
ragement in a thing which, may prove of so greate advantage to our subiecte,
to grant him our Letters Patente for the sole vse of such his Invencon
for the space of foureteene yeares, according to the Statute in that behalfe
made & provided.
KNOWE YEE, that wee, being willing to cherishe and encourage all
laudable endeavoures & designes of such our subiecte as shall find out vsefull
and profitable arte, misteries, & invenčons, by granting and appropriating vnto
them for some terme of yeares the fruit and benefitt of their industry, whereby
their labours and expences in the attainement thereof may be recompensed
and rewarded vnto them; and being also willing to encourage & countenance

page_text: as much as wee may this Invenčon and others of the like nature which
may bec vsefull and advantagious to all our loveing subiecte, for soc
much as concerneth the vse and practise of the same, not onely within and
vpon the coast of our kingdomes of England, Scotland, and Ireland, but
also att, upon, or neare the seas or sea coaste of all other our dominions
in the West Indies or the Bermudas and elsewhere, of our especiall
grace, certaine knowledge, and meere močon, have given & graunted, and by
theise present for vs, our heires & successors, doe as much as in vs
lyes, and as farr as lawfully wee may, give and grant vnto the said Edmund
Custis the elder, his executor, administrators, and assignes, especiall lycense
and full and sole power, priviledge, and authoritie, that he, the said Edmund
Custis, his executors, administrators, and assignes, by him & themselves, and by
his and their deputyes, servante, agente, and workemen, and such others onely
as he, the said Edmund Custis, his executors, administrators, or assignes, shall
agree with, shall and may from time to time and at all and every time and times
hercafter dureing the space and terme of foureteene yeares, to comence and
bee accompted from the Eleaventh day of July last past, before the date of
theise presente, att his and theire owne proper cost and charges, vse,
practise, teach, or putt in vse the said new Invencon or new way by him
found out, as aforesaid, for the discoverye and takeing vpp out of wreck (
and shipps that have been or may hereafter happen to be sunck in the
.sea, within, vpon, att, or neare any part of our dominions, all goode, treasure,
mehandizes, gunns, and shipps' furniture, according to the tenor and purport
of the said Invenčon or new way by him, the said Edmund Custis, found out
as aforesaid. And also that he, the said Edinund Custis, his executors,
administrators, and assignes, dureing the tearme aforesaid, shall and may
have the vse of all such tools and engines as have been by him found out and by
him him lately particulerly made vse of vpon our coast of England for the end
aforesaid; and also shall and may have, receive, take, and enioy all the
benifitt, profitt, cömodity, and advantage of, and by such new way or Invencon
ariseing, or to bee had, made, acquired, or gotten for the same, to his and
theire owne pper vses and behoofes, to have, hold, and enioy the said lycense,
power, priviledge, and authoritie, and other the misses by theise presente
granted or menconed to be granted vnto the said Edmund Custis, his
executors, administrators, & assignes, for and dureing and vnto the full end
and terme of foureteene yeares to comence and to bee accompted from the
Eleaventh day of July last past before the date of theise presente, yeilding and
paying therefore yearely and every yeare dureing the tearme of foureteene
yeares into the receipt of our Exchequer att Westminster, to and for the vse

page_text: of vs, our heires and successors, the yearely rent and sume of twentie
shilling att the feast of Saint Michael the Archangell onely in everie
yeare, the first payment thereof to comence and bee made att the feast of
Saint Michael the Archangell next ensueing the date of theise psente;
and to the end the said Edmund Custis, his exccutors, administrators,
anil assignes, may have and take the full benefitt and advantage, wee intend
him by this our present graunt of our more especiall grace, certaine know-
ledge and meere močon, wee doe for vs, our heires and successors, streightly
charge and comand all and every person and persons, of what estate, degree,
or condicon soever hee, they, or any of them bee, that he, they, nor any of
them, durcing the said terme of foureteene yeares, doe not presume to vse
or practise directly or indirectly the said new way or invenčon for the
discovery and takeing vpp out of wreck and shipps that have been or
hereafter may happen to be sunck in the sea, within, vpon, att, or neare any
part of our said dominions, all goode, treasures, merchandizes, gunns, and
shipps furniture soe found out by the said Edmund Custis, soe found out as
aforesaid, or to vsc or make vse of any the said tooles or engines which have
been by him found out and of late made vse of as aforesaid, without the
lycense, consent, and agreement of the said Edmund Custis, his executors,
administrators, and assignes, first had and obteined in writeing vnder his or
theire hand and seales in that behalfe, vpon paine of forfeiture and losse of all
such tooles and engines; and also vpon such other paines, penalties, and
forfeitures, as by law may be had or recovered by vs, our heires & successors,
of and from any person or persons who shall presume to invade or infringe
the priviledge and sole vse of the said Invenĉon hereby granted vnto the
said Edmund Custis, his executors, administrators, and assignes as aforesaid,
or to stopp or hinder the same in its due proceeding, contrary to this our
royal intencon and declaraĉon; wherefore our further will and pleasure is,
and wee doe hereby also give and grant vnto the said Edmund Custis,
his executors, administrators, and assignes, from time to time and at all
times dureing the said tearme of foureteene yeares, full power and authoritic,
to seize and take away all and every such tooles, engines, or instrumente
as are by him made vse of as aforesaid out of any shipp, boate or
vessell, house or place whatsoever where the same shall bee found;
and the said tooles, engines, or instrumente soe seized and taken away
as aforesaid, to keepe and deteine to his and theire owne proper vse and
behoofe, vntill the same shall be recovered by due course of law; and wee doo
by theise present for vs, our heires and successors, will and comand áll
and singuler mayors, sheriffes, justices of the peace, bayliffes, constables,

page_text: headboroughs, and other the officers and ministers of vs, our heires and
successors, for the time being, to whome it shall or may apperteyne, and
every of them, dureing the tearme aforesaid, that they, and everie of them, bee
from time to time favoureing, ayding, and assisting to the said Edmund Custis,
his executors, administrators, and assignes, and to his and their deputyes,
agent, and servante, in and by all thing in and about the accomplishment of
our will and pleasure herein declared, and in the effectuall execucon thereof;
and also for the due suppression of all such as shall anywise endeavour to
infringe or oppose the same; and that they, or any of them, doe not att any
tyme hinder, molest, or interrupt the said Edmund Custis, his executors,
administrators, or assignes, or his or their deputyes, agente, or servante, or
any of them, in the due and faithfull execučon of the premisses, as they tender
our displeasure & will answeare the same att their vtmost perrille; and
these our Letters Patente, or the inrollment thereof, shall bee vnto them
and every of them a sufficient warrant in that behalfe: Provided alwayes, that
if att any time dureing the said tearme of fourteene yeares, it shall and may
appeare vnto vs, our heires and successors, or any six or more of our or their
Privy Councell, that this our grant is contrary to the law, or preiudiciall or
inconvenient, or not of publique vse or benefitt, or that the way herein-before
inenconed to be found out by the said Edmund Custis, for the discoverie
and takeing vpp out of wreck and shipps sunck in the sea, all goode,
treasures, merchandizes, gunns, and shipps' furniture, is not a new Invencon
of the said Edmund Custis, as to the publique vse and practize thereof, within
our said dominions, then, upon significačon and declaračon thereof to be
made by vs, our heires or successors, vnder our or their signett or privie
seale, or by the lorde and others of our Privie Councell for the time being, or
six of them, in writeing vnder their hande, of such preiudice or incon-
venience, these our Letters Patente, as touching and concerning all and
singuler the priviledges, powers, and authorities, and the sole vse, benefitt,
profitt, and advantage of the premisses herein-before granted or menconed
to be granted vnto the said Edmund Custis as aforesaid, shall from thenceforth
cease, determine, and be vtterly void, any thing herein-before conteyned to the
contrary in any wise notwithstanding: Provided also, that if the said Edmund
Custis, his executors, administrators, or assignes, doe not inroll theise present{,
or cause the same to be enrolled before the Clerke of the Pipe within six
moneths after the date hercof, or if the said yearely rent of twentic shilling
hereby reserved, or any parte hereof, shall happen to be behind or vnpaid by
the space of three moneths next after the said feast of Saint Michaell the
Archangell, in any one of the said foureteene yeares on which the same
any

page_text: ought to be paid as aforesaid, that then also, and in either of those cases, these
presente, and the grant hereby made as to all and singuler the premisses,
shall cease, determine, and be vtterly void, any thing herein-before conteyned
to the contrary in any wise notwithstanding. And whereas our most deare
brother James Duke of Yorke and Albany, Earle of Vister, our High
Admirall of England and Ireland, by contract and agreement with the said,
Edmund Custis, beareing date the Tenth day of April, in the yeare of
our Lord One thousand six hundred and seaventy, and made betweene
Sir William Temple, Baronett, then our Ambassador att the Hague, on the
one part (in behalfe of our said deare brother, and by vertue of a comission
from him, beareing date November the Second, in the yeare of our Lord One
thousand sixe hundred sixtie and nine), and the said Edmund Custis the
elder (in behalfe of himselfe and partner), on the other part, hath granted vnto
him, the said Edmund Custis, his heires or assignes, free libertye and power
to search, fish for, and recover all shipps' goode and treasures which had att
any time before the date hereof been wreckt or cast away in the sea vpon the
coast of England and Ireland for the space of fifteene yeares to comence from
the date of the said contract and agreement, in case the life of our said deare
brother should so long continue, with full exclusion to all other persons what-
soever, not authorized by the said Edmund Custis or his assignes, from
intermeddling with the said wreck fishing, dureing the tearme of fifteene
yeares aforesaid, in and by which contract and agreement the said Edmund
Custis was well and truely to deliver or cause be delivered, for the vse and
proffitt of our said deare brother, vnto such persons appointed, one full moietyo
of all such wrecke, treasures, or good he or his assignes should soe recover.
And whereas also by one other contract or agreement, beareing date the Eight
day of March, in the said yeare of our Lord One thousand six hundred and
seaventie, and made between our said deare brother on the one part, and the
said Edmund Custis for himselfe and partners on the other part, he the said
Edmund Custis and partners, his or theire heires or assignes, have full power,
free libertic and authoritie to search, fish for, and recover att, vpon, or neare
the seas or sea coaste belonging to vs in the West Indies or the Bermudas,
all such shipps, vesselle, treasure, goodę, gunns, and merchandizes whatsoever
which have been or shall be, dureing the continuance of that contract, sunck,
lost, or cast away in all or any of the said places which are of right belonging
vnto our said deare brother or lord high admirall of all our dominions beyond
the seas, the said power and libertie of fishing for and recovering of such
shipps, vesselle, treasure, goode, gunus, and merchandizes, to continue from
the date of the last-menconed contract or agreement for and during the said

page_text: tearme of fifteene yeares, if our said deare brother should soe long live; in and
by which last-menconed contract or agreement the said Edmund Custis and
partners, his or their heires and assignes, are well and truely to deliver or cause
to be delivered, for the vse of our said deare brother, one full and entire fourth
part of all such shipps, vesselle, gunns, treasures, goode, and merchandizes
which should be by him or them or their agente recovered as aforesaid, att,
vpon, or neare the seas or sea coaste of any of the lande, islande, plantacons,
or territories belonging to vs, as aforesaid, the said fourth part to be delivered
free of all charges vnto such person or persons as our said deare brother should
appoint to receive the same att such port within our kingdome of England
(the dangers of the seas excepted) as by the said severall and respective con-
tract or agreement amongst divers other clauses, covenante, and agreemente
therein conteyned may more plainely appeare. Now further knowe yee, that
wee, for the consideračons aforesaid, of our more especiall grace, certaine
knowledge, and meere močon, have ratified, established, and confirmed, and
by these psente, for vs, our heires and successors, doe ratifie, establish,
and confirme, vnto the said Edmund Custis, his executors, administra-
tors, and assignes, the severall contracte or agreement herein-before
menčoned, togeather with all and singuler the priviledges, powers, and
authorities, in and by the said severall contracte respectively granted unto
him, the said Edmund Custis, his heires, or assignes, for the said severall
tearmes of fifteene yeares (if our said deare brother should soe long live, to
have and to hold the said priviledges, powers, and authorities (by our said
deare brother, in and by our said severall contracte or agreemente granted
as aforesaid) vnto him, the said Edmund Custis, his executors, administrators,
and assignes, from the said Tenth day of Aprill, and Eight day of March,
in the yeare of our Lord One thousand sixe hundred and seaventic,
for and dureing and vnto the full end and tearme of fifteene yeares from
thence next ensueing and fully to be compleate and ended: Provided
neverthelesse, and upon this condičon, that if the said Edmund Custis, his
partners and assignes, doe not or shall not from time to time durcing the
said tearme of fifteene yeares, well and truely deliver or cause to be delivered
for the use of our said deare brother, such part, proporčons, and shares
of all such shipps, vesselle, gunns, treasures, goode, and merchandizes, as
shall be by him, them, or their agente, taken vpp or recovered as aforesaid
vnto such persons, att such places and in such manner as in and by the
said several contracte or agreement on the part and behalfe of the said
Edmund Custis is particularly and expressly covenanted and agreed, then
these our Letters Patente (as to the said confirmacon) shall (within six

page_text: moneths from and after failer of such delivery to bee made as aforesaid)
be vtterly void and of non effect any thing herein-before conteyned to the
contrary hereof in anywise notwithstanding. And lastly, wce doc by
theise presente, for vs, our heires and successors, declare and grant that theise
our Letters Patente, and the grant, lycense and confirmacon herein-before
conteyned (vider and subiect vnto the severall provisoes aforesaid), shall
be, continue, and remayne vnto the said Edmund Custis, his executors,
and assignes, dureing the severall and respective tearmes of fifteene yeares
bereby granted and confirmed as aforesaid, in and by all thing firme, good,
and effectuall in the law, to all intente and purposes, according to the tenor,
purport, and true meaning of theise present(", and shall bee construed, adiudged,
and taken most favourably and beneficially for the benefitt and availe of the
said Edmund Custis, his executors, administrators, and assignes, notwithstanding
the not true and certaine describing the said Inventon or new way of
wreck fishing, herein-before menconed, or of the severall tooles, engines, or
instrumente, by the said Edmund Custis found out and made vse of in the
excise of the said Invenčon, or the manner of vseing the same, and
notwithstanding any other defect, uncertainty, imperfeccon or
forme in theise presente conteyned, or any law, statute, act, ordinance,
provision, proclamačon, or restriccon, or other matter or thing whatsoever
to the contrary in anywise notwithstanding, although expresse mencon, &c.
In witnes &c Witnes our selfe att Westminster, the Seventh day of
March.
Pbře de privato sigillo.