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A54599 Fodinæ regales, or, The history, laws, and places of the chief mines and mineral works in England, Wales, and the English pale in Ireland as also of the mint and mony : with a clavis explaining some difficult words relating to mines, &c. / by Sir John Pettus, Knight. Pettus, John, Sir, 1613-1690. 1670 (1670) Wing P1908; ESTC R190 70,019 132

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Charges 01 10 00   03 11 00 Total Charges 16 11 10 If the said Tun of Metal be made either of Goginian Coomervin or the Darrein oar the same yields in Silver per Tun of Metal 14 00 00 One Tun of Lead the Waste being deducted as aforesaid is 12 00 00   26 00 00 The Charge in all is 16 11 10 Deducted out of 26 l. the clear profit of a Tun of Lead is 09 08 02 If the said Tun of Metal be made of the Oar of Coomsumblock it yields 20 l. per Tun in Silver       This is only to shew the manner of computing a Mine Royal by Art but some are of opinion that all Metals do contain Gold or Silver in them and that therefore all Veins of Metals do belong to the King But for the Readers satisfaction as to matter of Law in that point he is referred to the Second Part of this Treatise And thus having briefly described Mines Metals Minerals their places and definitions the next is to shew what Governours or Officers the Kings of England have from time to time deputed and what Directions and Powers have been granted for their better Regulation CHAP. IX Of the Antiquitie of the Mines Royal. THese Works in Wales with some other in Devonshire Somersetshire and Cornwall as far as Tradition can assure us were anciently wrought by the Romans By the Damonii in Devonshire and Cornwall by the Belgae in Somersetshire and by the Dimetae in Cardiganshire And Caesar in his Commentaries saith that one reason of his invading the Britans was because they assisted the Gauls with their Treasures with which their Countrie did abound And Cimboline Prince of the Trinobantes wherein Essex is included who had lived much at Rome in Augustus his time was seated at Walden in that Countie and did according to the Roman way coin Monie instead of Rings which might be from that Mine which was afterward discovered in Hen. IV. his time in that Countie as yet unknown to the Societie However 't is certain there were Mines which did supply former Ages and may be again used with very great advantage to this present Age. As for the Laws made by the Romans concerning Mines the most material of them are abridged and annexed in their genuine Language that others may make their own Interpretations Most of which Laws are agreeable to the Grants and Powers of our succeeding Kings onely as to the Condemning such Men and Women to the Mines who had committed some heinous Crime against the Laws of the Empire our Kings have been more merciful therein though that point were in this Age worthy of consideration in respect of the yearly multitudes of able ingenious persons that suffer death by the Laws whose Lives upon this Imployment might be very useful CHAP. X. Of the Powers granted by our Kings concerning the Mines EDWARD I. Anno 33. THe King for advancement of the Stannaries in Cornwall frees the Tinners from all pleas of the Natives touching the Court Cornwall and from answering before any Justices c. concerning the Stannaries save onely the Keeper of the Stannaries Pleas of Land Life and Member excepted neither are they to be kept from work but by the said Keeper and indemnifies them from Tolls c. gives them libertie to dig Tin and Turf any where in the said Countie and to turn Water-courses for their Works at pleasure Tinners with many other Privileges both to the Keeper and Tinners concerning weighing and selling their Tin CHAP. XI EDWARD III. KIng Eward III. by Indenture dated 11 July Anno 32. Rot. 4. grants unto John Ballanter and Walter Bolbolter all his Mines of Gold Silver and Copper in the Countie of Devon for two years with libertie to dig and search Devon except in Gardens yielding 20 marks the first year and the 5th part the second year and all other persons are excluded from digging there EDWARD III. Among the Remembrances of the Exchequer Slop the King to John Jugg and Henry of Wisbich Whereas We are informed that certain Mines of Lead mixt with Gold and Lead Oar are found in the Countie of Salop He wills that the Barons of the Exchequer and Treasurer may be certified of the manner of finding the said Mines Gold and lead Oar mixt and whether any hath been transported and by whom and impowers them to inquire upon oath and commands them to certifie His Treasurer and Barons thereof at c. so that further Order may be taken and to return the Inquisition c. Witness Our Treasurer 30 Octob. Anno 7. CHAP. XII RICHARD II. KIng Richard II. by his Letters Patents dated 11 Junii Devon Gold and Silver Anno 8. grants to Richard Wake Clerk his Mines of Gold and Silver in the Countie of Devon and libertie to dig paying damage to the Owners of the Grounds as well within Liberties as without for ten years paying a tenth part of the profit unto the Holy Church and to the Exchequer the nineth part and all other persons to be excluded prout ante RICHARD II. The King to Hugh of Burnell Salop. and our Sheriff of Salop Whereas We are informed by James Miner of a Mine of Copper and Silver in or near the Lordship or Priory of Wenlock whereout no little profit would accrue to Us if wrought by experienced Workmen We assign you to ordain the said James to work the same without any let he not doing any thing against the Laws of our Kingdom or demolishing any Houses or Gardens c. Witness the King at Westminster 4 Junii Anno 17. Regni Rot. 12. CHAP. XIII HENRY IV. KIng Henry IV. by his Letter of Mandamus Essex Gold dat 11. Maii Anno 2. Rot. 34. commands Walter Fitz-Walter upon Information of a Concealed Mine of Gold to apprehend all such persons as he in his judgment thinks fit that do conceal the said Mine and to bring them before the King and his Council there to receive what shall be thought fit to be ordered HENRY IV. The King to William Charleton Prior of Pilton Devon Holding Silver Whereas we have granted to Henry and John Darby the Lead Mines holding Silver in Com. Devon for ten years paying Us nine pounds of pure Silver yearly and to Us and others all other dues We make you Comptroller thereof and command your diligence therein during pleasure Dat. 9 Feb. Anno 7. Regni Rot. 20. CHAP. XIV HENRY VI. THe King by His Letters Patents England Gold and Silver dat 24 Feb. Anno 5. grants to John Duke of Bedford Regent of France and Protector of England all Mines of Gold and Silver within His Kingdom of England for 10 years paying the tenth part to the Holy Church to the King the 15th and to the Lord of the Soil the twentieth part to dig c. but not under Houses in Arable Land or Medow without Licence of the Lord of the Soil and to make
reasonable amends for any damage HENRY VI. The King by his Letters Patents granted to John Sollers all Mines of Gold and Silver in Devon and Cornwall Devon and Cornwall and all Mines of Lead holding Silver or Gold Gold Silver and Lead to hold from the expiration of 12 years formerly granted to the Duke of Bedford for 20 years paying the fifteenth part of pure Gold and pure Silver with libertie to dig and work the same but not to dig under any Houses or Castles and a Clause to provide for Wood and Labourers Dat. 11 Julii Anno 17. Hen. VI. Rot. 45. HENRY VI. The King by his Letters Patents makes his Chaplain John Bottwright Comptroller of all his Mines of Gold and Silver Devon and Cornwall Gold Silver Copper Latten and Lead Copper Latten and Copper Latten Lead within these two Counties Dat. 10 Sept. Anno 30. Hen. VI. Rot. 15. 20. HENRY VI. The King by His Letters Patents granted to the said Bottwright Provost and Governour of all his Mines Devon and Cornwall Copper Tyn and Lead prout ante and grants him all Mines of Copper Tin and Lead there whereout any Gold or Silver shall be fined to hold during his good behaviour paying the tenth part of pure Gold and Silver Copper Tin and Lead to be fined at his own charge with power to let and set for twelve years paying to the King the tenth Boule of Oar of Copper Tin and Lead holding Gold or Silver and to dig without interruption with a Clause to make a Provision for Wood and Labourers the Fee of the Church excepted Dat. 20 Junii Anno 31. Hen. VI. Rot. 20. 25. HENRY VI. The King by His Letters Patents Anno 34. Rot. 24. Devon and Cornewal Gold Silver and all Mettals containing Gold or Silver gives and grants to the Duke of York all his Mines of Gold and Silver and of all other Metals containing Gold or Silver within the Counties of Devon and Cornwall to hold at the pleasure of the King for 21 years with a Clause not to dig under the Houses or Medows of any person and with a Clause to free and indemnifie the Miners without impediment of the King or his Subjects wheresoever the said Mines shall be found within the said Counties HENRY VI. Among the Remembrances of the Exchequer Devon Anno 36. Regni in the Records of Easter Term Rot. 20. inter alia Devon Memorand That John Bottwright Governour of the Mines of Berryferres in Devon complains to this Court Mines that Robert Glover at the command of Roger Champernown took away 144 Bouls of Glance oar Glance oar valued at 15 l. 6 s. 8 d. and made profit of the same without any thing allowed to the King to the Kings damage 100 l. and thereupon desireth the Advice of the Court. CHAP. XV. EDWARD IV. THe King by his Letters Pattents England Lead holding Gold or Silver dat Dec. 20. Anno 8. Regni to Richard Earl of Warwick John Earl of Northumberland and others grants all Mines of Gold and Silver c. on the North side of Trent within England And all Mines of Lead holding Gold or Silver in the parts aforesaid agreeing with the Owners of the soyle to hold from the Feast of the Purification next for 40 years paying to the King the 12. part of pure gold and silver and to the Lord of the soyle a sixteenth part as they grow liberty to dig c. except under Houses or Castles without Licence EDWARD IV. The King by his Letters Pattents 30 Julii Anno 12. Rot. 2. grants to Gallias Lynne Semerset Glou cest Lead Tin and Copper holding Silver William Marriner and Simon Pert power to dig and search for Mines within the Counties of Somerset and Gloucestershire of Lead-Oar Tin or Copper holding silver or gold for the term of five years and to agree with the Lord of the soyl paying to the King every eighth Bowle of rich Oar with a clause to make their Mills to Fine and Melt as the Owner and they can agree And all Officers c. to be assistant EDWARD IV. The King by his Letters Pattents dat 23 Northumberland Martii Anno 15. Rot. 20. grants to his brother Richard Duke of Gloucester Henry Earle of Northumberland Copper and others the Mines of Blanch Lands called Shildane in Com. Northumb. And the Mine of Alston-Moor called Fetchers The Mine of Keswick in Cumberland and the Copper Myne neer Richmond in Yorkshire To hold from Lady day next for 15 years Paying the King the eighth part neat to the Lord of the Soil the ninth and to the Curat of the place a tenth as they arise EDWARD IV. The King by his Letters Pattents Dat. 11 Martii Northumberland Gold Silver Copper Lead Anno 18 Rot. 31. Upon surrenders of the former grants to William Goderswick and Doderick Vaverswick all Mines of Gold Silver Copper and Lead in Northumberland and Westmerland To hold from Lady day next for ten years paying to the King a fifteenth part neat to the Lord of the Soil and to the Curat as they can agree CHAP. XVI HENRY the VII THe King by His Letters Patents England Wales dat 27 Feb. Anno 1. Regni Rot. 92 makes Jasper Duke of Bedford and others Earls Lords and Knights Commissioners and Governours of all his Mines of Gold Silver Tin Gold Silver Tyn Lead and Copper Lead and Copper in England and Wales to answer the profits to the King and made Sir William Taylor Comptroller To hold from Candlemass day following for 20 years with Liberties of Court and other Priviledges Paying to the King the fifteenth part of pure Gold and Silver and to the Lord of the Soil the eleventh part as it grows Liberty to dig and search c. Except under the Houses and Castles of the King and his Subjects This Henry VII a wise Prince taking notice of his interest and Prerogative in the Mines did in the very first year of his Reign grant this Commission and by this and other ways raised a vast sum of Mony and left his rich Coffers to Henry VIII Who added to the Bulk by the Sale of Abbies c. But before Henry VIII his death almost all the Treasures of his Fathers and his own were consumed and what remained was left to Edward the VI. an Infant whose experience could not guide him to the Care of such affairs then followed Queen Mary who matching with Spain was thereby interessed in the wealth of Europe and needed no other support or inspection so this concern stood neglected for above 70 years CHAP. XVII QUEEN ELIZABETH ABout the third year of Queen Elizabeth she by the advice of her Council sent over for some Germans experienced in Mines and being supplied she the tenth of October in the sixth of her reign grants the Mines of eight Counties besides those in Wales to Houghsetter a German c. whose name and
of Gold or Silver which is in the base Metals the King should have all the Mines of base Metals in the Realm and the Subject having Mines of base Metals in his own Lands they are of no effect for there is not according to the said Authors any such Mine either in this Kingdom or elsewhere which hath not some Gold or Silver in it And therefore it seemeth reasonable to consider the nature of a poor Mine and the value of the Gold and Silver in the base Metal and that the Product be of such value that it countervail the charge of getting it or otherwise there is no reason that it should draw the Propertie of the base Metal to the Crown but if otherwise then it is to be a Mine Royal. CHAP. IV. An Abstract of the Letters Patents dated the 28th of May in the 10th Year of Q. ELIZABETH Incorporating for ever the Society of the MINES ROYAL 1. REciting the Letters Patents granted to Tho. Thurland and Daniel Houghsetter dated 10 Oct. b. in the 6th Year of Her Reign c. 2. Grants Power to assign to any Person or Persons Parts and Portions of their said Privileges Immunities c and ratifies and confirms all Immunities Licenses Privileges formerly to them granted 3. Grants the said License Immunities Privileges c. unto William Earl of Pembroke Robert Earl of Leicester James Lord Montjoy Sir William Cecill Knight Tho Thurland Daniel Houghsetter John Tamworth and Jo. Dudley Esquires Lionel Ducket Citizen and Alderman of London Benedict Spinola of London Merchant Jo. Loner Will. Winter Anthony Ducket Roger Wetherall Rich. Springham Jeffry Ducket Rich. Barnes Will Platten Tho. Smith Will. Birde Gent. Daniel Ulstet a German Mat●hew Field George Needham and Edmund Thurland all the said Privileges c. and Incorporates them for ever and their Successors by the Name of The Governours Assistants and Commonalty for the Mines Royal and so to continue for ever 4. Enables them by that Name to purchase Lands Tenements c. and to alien set or let the same and to sue implead c. and to be sued c. in any Court before any Judge Spiritual or Temporal concerning any the Affairs belonging to the said Governours Assistants and Commonalty c. 5. Power to chuse one or two Governours one or two Deputy-governours and six or more Assistants 6. Ordains Lionel Ducket and Daniel Houghsetter the first Governours Anthony Ducket and Daniel Ulstet the first four Deputy governours Jo. Tamworth Tho. Thurland Benedict Spinola John Loner Will. Winter and Roger Wetherall the first Assistants untill the first Monday in May 1569 and thence if need be till others are chosen 7. Power to keep Courts to elect Officers to make By-laws Acts and Ordinances when and where they please within c. and to admit more Members English or Strangers c. and to revoke Rules Ordinances c. Every Member to have half a quarter of a 24th Part or a Gentleman of 40 Marks per Annuum in certain Counties a quarter part at least 8. To rule and govern Officers Ministers Workmen and Labourers according to the Ordinances c. and to remove Members and impose Fines to purchase Lands to elect one or two Officers who are called Serjeants to collect the Fines and to arrest Body and Goods 9. Their Precepts to be obeyed in Cities c. and all Officers indemnified for their obedience thereto 10. A Member having a Quarter part his Voice is as good as two Members of half Quarter parts and so of the rest greater Parts proportionably 11. All Mayors Sheriffs c. to be assisting CHAP. V. An Abstract of the Indenture of Covenants between the Queen and the Corporation BY Indenture dated the 16th day of June in the 10th year of Queen Elizabeth made between the Queen of the one part and the Corporation of the Mines Royal of the other part reciting the Indenture of Covenants of the 10th of October in the 6th year The Companie did covenant with the Queen to pay deliver observe perform fulfill and keep all Paiments Customs Subsidies Coinage Summes of monie Gold Silver Precious stones Pearls Copper Parts Portions Preemptions Covenants Grants Articles and Agreements in that Indenture specified on the Patentees behalf to be paid delivered reserved performed c. And that the Queen shall have all such Paiments Summes of monie Customs Subsidies Coinage Duties Gold Silver Precious stones Pearls Copper Parts Portions Preemptions c. which the Patentees had covenanted the Queen should have CHAP. VI. An Abstract of the Grant of the Mineral and Battery-works 17 Sept. 7 Eliz. 1. BY Letters Patents the Queen granted to William Humfrey and Christopher Shutz all manner of Ewres simple and pure or mixt and compound of the Metals of Gold Silver Copper and Quicksilver and all other Minerals and Treasures likely to be found in Earth or Ground in England Wales and the English Pale in Ireland and of Tin and Lead in such sort as by Law is or hath been used Copperice and Allom and the Mines in the last Patent excepted 2. Therein is granted Power to dig to build Houses not to dig under Houses nor in the Mines in the last Patent excepted without consent indifferent Persons to award a recompence none to use their Tools or Instruments or to dig for 21 Years Disturbers of Workmen to be committed for six Moneths without Bail or Mainprise to take up Necessaries for the Work as Wood Timber c. at reasonable rates and if the Queen be minded to work any Mines without the English Pale then William Humfrey and Christopher Shutz shall have like Privilege and Power as if the same had been granted 3. Free for the Queen to resume this Grant for Her proper use onely and not to grant it to other Persons their Charge Loss Expence and Interest to be allowed by six indifferent Citizens whereof two to be Aldermen to be equally chosen the Referrees to deliver a Certificate of the Charge to the Lord Treasurer who is to make paiment thereupon and if after Resumption the Queen shall decline the working then William Humfrey and Christopher Shutz their Heirs and Assigns to have the preference of Farming it c. 17 Sept. 7 Eliz. A Patent to the same Persons of the Callamine stone or Lapis Callaminaris within the same places and with like powers for the better Composition of the mixed Metal called Latten in reducing it to be soft and malleable for Wier and mollifying of Iron and Steel and drawing and forging them into Plates for Armour in all our Realm of England and Wales and within the English Fale in Ireland power to dig ut ante CHAP. VII The Abstract of the Indenture of Covenants between the Queen and William Humfrey and Christopher Shutz dat 17 Sept. 7 Eliz. concerning the Mineral and Battery-works 1. FIrst the Queen covenants that no other Persons shall dig of or for what is granted 2. William Humfrey and Christopher Shutz