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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
Earl of Pembroke Robert Viscount Cranborne Henry Lord Windsor Thomas Lord Burghley Thomas Lord Gerrard Sir John Popham Knight Sir Edward Winter Knight Sir Francis Popham Knight Sir John Smith Knight Sir Roger Owen Knight Francis Nedham Arnold Oldisworth Christopher Toldervy William Gammage Francis Beale Otes Nicholson Richard Danford Edward Barnes Emanuel Demetrius Abraham van Delden Emanuel Hechsteter and Daniel Hechsteter all Immunities formerly granted and ratifies the same and Incorporates them by the Name of The Governours Assistants and Society of the City of London of and for the Mines Royal and by that Name to have Succession and to continue for ever 3. To chuse one or two Governours one or more Deputies and six or more Assistants and to have a Common Seal and to purchase Lands c. 4 Robert Viscount Cranborne Sir John Popham Knight the first Governours Sir John Smith and Arnold Oldisworth Esquire the first Deputy-governours Sir Roger Owen Knight Francis Nedham Christopher Toldervy Wil-Gammage Francis Beale and Otes Nicholson Assistants untill the first Monday in May 1605 and Annually that day to keep a general Court and to elect Officers 5. To keep Courts at such Places and Times as the Governours or Deputies shall think fit 6. If any Officer elected die before the Year be expired the Major Part to chuse another in his place 7. Power to keep Courts to ordain and enact Statutes and Ordinances to admit or expell such as are deemed unworthy to be Members of the Company as also for the good Government of the Society 8. All Persons to be admitted before they be admitted to have a Quarter Part appointed for term of Life at least 9. A Gentleman and a Freeholder of an Estate of Inheritance within certain of the 8 Counties of 40 Marks per Annum before Admission to have half a quarter part assigned and to be admitted within 3 Years after the Date hereof 10. An Oath to be administred to such as shall be admitted to be of the Company and any Person admitted otherwise then is before expressed not to be accounted a Member of the Company 11. If any Person admitted to a Quarter or Half-quarter Part and shall either alien renounce or otherwise by Act of Court be removed from the same he shall no longer be held a Member of the Society 12. A full Court to have power to dismember such of the Society as they shall determine unworthy to remain of it and their Dismembering being entered into the Book of the Acts of the said Company 13. The Parties so removed not to be held Members without new Admission 14. Powers to keep Courts for putting the Acts and Statutes to be made in due execution as well to rule and govern every Member of this Corporation as all the Ministers Officers and Workmen touching all Causes and Controversies concerning their Privileges 15. Power to them or any Member to purchase Lands not exceeding the yearly value of 100 l. nor held In Capite above all charges and reprises 16. Power given by Fines For foitures or Imprisonment to punish any Member Officer or Workmen of the Company for breach of any Rules or Acts to be made or for any other Offence in the Affairs of the Society 17. No person offending and censured as aforesaid shall refuse to be ordered by this Society 18. Power to make an Officer or more in London or elsewhere and him or them to be styled Serjeant or Serjeants of the Mines Royal who have power to levy receive and gather all Fines and Forfeitures aforesaid and for default of paiment to arrest as well the Body as Goods of the Offender 19. The Offender being in any City or Town Corporate upon a Precept under their Common Seal to the Mayor or Sheriff c. they to arrest or attach the Body and Goods of such Offender and them to deliver to the said Officer of the Company 20. That the Mayor Sheriff or others shall not be troubled for executing any Precept to them directed from the Company as aforesaid 21. No Person to have Voice in Elections or other Affairs not having half a quarter of one 24th Part. 22. The Voice of every Person having a quarter Part to be held of as great account as the Voices of two others having but half quarter Parts apiece And so the Voice of any other having a greater Part then a quarter to be esteemed of as great force as so many several other Persons having but an half quarter Part apiece 23. All His Majesty's Officers c. to be aiding and assisting to the said Governours CHAP. XI The Abstract of the Letters Patents of the Mineral and Battery-works of the 22th of January in the first Year of KING JAMES 1. THe King reciting the Letters Patents of Queen Elizabeth dated the 17th day of September in the 7th Year of Her Reign whereby She granted to William Humfrey and Christopher Shutz their Heirs c. Liberty to dig mine and search for the Callamine stone within Her Kingdom of England and within the English Pale in Ireland together with the benefit of working thereof with other Metals with divers Immunities and Privileges c. for the making of all Wier and Battery-wares c. and to erect and build Workhouses necessary 2. And also reciting other Letters Patents dated the same Day and Year reciting by them That whereas She had formerly granted Privileges to Cornelius Devoz for mining and digging within Her Realm of England for Allom and Copperice and for divers other Oars c. And further reciting Her Grant to Thomas Thurland and Daniel Houghsetter of Liberty to dig and search for all Oars of Gold Silver Copper and Quicksilver within the Counties of York Lancaster Cumberland Westmerland Deven Cornwall Gloucester and Worcester and in Wales c. And by the said last recited Letters Patents the Queen grants to William Humfrey and Christopher Shutz full power to dig within England and English Pale in Ireland except the said 8 Counties and Wales for all manner of Oars and Metals simple and pure or mixt and compound and of Gold Silver Copper Quicksilver and for all other Treasures c. and to erect many other Immunities and Privileges c. 3. And whereas the said William Humfrey and Christopher Shutz have heretofore granted divers parts and portions of the said Immunities Powers and Privileges c. and whereas the said William Humfrey and Christopher Shutz and all or most of their Assigns are since dead And whereas the said Powers and Privileges c. are since come unto William Earl of Pembroke Robert Lord Cecill Sir Julius Caesar Sir James Pemberton Sir William Bond and Sir James Lancaster Knights John Osburne Thomas Caesar Francis Barty sen Arnold Oldisworth Christopher Toldervy William Gammage Charles Chewt Henry Tamworth and William Bond sen Esquires Henry Palmer Francis Barty jun. Richard Danford George Browne Gent. Richard Marten jun. Nathanael Marten Richard Collins and Alexander Fownd c. 4. Know