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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
in crimen Laesae Majestatis sed minoris Principis alterius non incurrit Falsans monetam auream Imperatoris cum ejus imagine comburendus est ejus bona confiscanda Non auream vel non cum imagine Imperatoris capite plectendus num 100. Tondens non cudens ultimo supplicio damnandus Si tonsa remaneat in suo justo valore non punitur Expendens falsam stannii vel plumbi incidit in poenam falsi aeris vero vel argenti in leviorem poenam Et poenam evadit si doceat unde habuerit Vel si habens sit bonae conditionis famae Vel si paucam monetam habeat Fundens monetam committit poenam falsi Falsans monetam reprobatam non incidit in poenam falsi Fabricans monetam sine licentia superioris licèt non falsam committit poenam falsi Hae aliae reperiuntur Leges amplificantur in Codicibus Juris Civilis viz. Digest l. 3. tit 4. leg 1. lib. 48. tit 19. leg 8. sect 4 5 6 7 8. Cod. l. 11. tit 6. leg 1 2 3 4 5 6 7. Instit lib. 2. tit 1. sect 39. diversis Authoribus diligentissimè scrutatis per Joannem Guidium Volateranum An Abstract of Sir JOHN DAVIES Report of Mixed Monies Queen Elizabeth for Paiment of Her Armie Royal for the suppression of the Rebellion of Tyrone coined in the Tower of London a great quantitie of Mixed Monies with the usual Stamp and Arms of the Crown and Inscription of the Royal Style and sends it over into Ireland with Proclamation dated 24 May 43 of Her Reign where by She declared the said Mixed Monie immediately after the Proclamation made to be Lawful and Currant Monie of the Realm of Ireland and commands that the said Monies shall be so accepted reputed and used by all Her Subjects and others having any Traffick within the said Realm and if any person shall refuse to receive the same according to the Denomination and Valuation viz. Shillings for Shillings c. they shall be punished as Contemners of Her Royal Prerogative and Commandment And to the intent the said Mixed Monies might pass more freely it was also declared by the said Proclamation that after the 10th day of June next all other former Currant Monies should be decried and annulled and esteemed as Bullion and not Currant Monie In April before the Proclamation one Brett of Drogheda a Merchant having bought certain Wares of one Gilbert of London became bound to the said Gilbert in 200 l. Conditioned for the paiment of 100 l. Currant and Lawful Monie of England at a certain day to come and at a certain place in Ireland which day happened to be after the said Proclamation At the day and place Brett tenders the 100 l. in the Mixed Monie Whether this Tender was sufficient to save the Forfeiture and whether the said Brett should be compelled to pay the said 100 l. in the other or better Monie was the Question at the Council Table upon the Petition of Brett And because this was a General Case and of great importance Sir George Carye being then Lord Deputie required the Chief Judges to consider of the Case and to return their Lesolution who upon consideration resolved the Tender of the said 100 l. in Mixed Monies was good to save the Forfeiture and that Brett should not be inforced after to pay any other Monie in discharge of the Debt but according to the rate and value at the time of the Tender And this their Resolution was certified to the Lord Deputie and entered in the Council Book wherein divers Points were resolved 1. That in everie Kingdom or Commonwealth there ought to be a certain Standard for Monie 2. That the King of England is to coin the Monie in His Dominions and none other without his License and if any shall presume to Coin 't is Treason against the Kings Parson by the Common Law 3. That the King by His Prerogative may make Monie of what matter and form he please and establish the Standard thereof and may change His Monie in Substance and Impression and enhaunse or abase the Value or decry and annul it and make it Bullion at His Pleasure 4. That the Mixed Monie having the Impression and Inscription of the Queen and being proclaimed Currant within the Kingdom of Ireland ought to be accepted for Sterling Monie 5. That although this Mixed Monie was made to be Currant within the Realm of Ireland onely yet it may be called Currant and Lawful Monie of England 6. That although at the time of the Contract and Obligation pure Monie of Gold and Silver was Currant yet the Mixed Monie being established before the Day of Paiment the Tender is good and the Obligee is bound to accept thereof or is without remedie of any other Paiment FINIS An EXPLANATION of several Words used in this History as an Essay to the larger Dictionary of Metallick and Chymical Words mentioned in the Preface A. ADit what see page 2. Adulterate adulterating Adulteration metaphorically used for the undue Mixtures of any thing which is prohibited by Law Agriculture tilling dressing or manuring Earth whereby it may be better adorned with varieties Alchimist Alchimy See Chemistry p. 4. 43. Alien a stranger or foreiner to alien alienate or fell to another or stranger from Alienus Amber Metallick or Electrum compounded of Gold and Silver vide Preface Architecture or the Art of building houses c. Arts Mechanical vide p. 30 31. Aspect beholding or viewing Aspect of Stars is when certain Planets and Signs in Heaven do behold each other and there are four such Aspects 1. Trine 2. Quartile 3. Sextile 4. Opposite Aspect viz. in Books of Astronomy B. Barmote vide Barr-master Barr-Master or Barmer and Burgh-Master Barrmoote and Burghmoote Moote here signifies a Court where the Matters in Controversie are decided and as Hallimoote is called from Guild-Hall where such Mootes are kept and Burgh-Moote from such Burgs Boroughs or Towns where Courts are kept so Barrmoote is only used for Miners where they appear at a Barre and he that gives the sentence as Superior is called the Barrmaster or Barmer or Ruler of that Barrmoote or Court for the Miners Barrmine such Mine as is adjudged at their Barmoote Bell-metall how made p. 4. Bellows such as blow the fire for melting Metals Blocks what see p. 4. we give pieces of wood the same name and they have an Analogie in respect of weight Boles or Bolestids are places where in ancient time before Smelting-Mills were invented the Miners did fine their lead Bone-ashes or bones burnt and then beaten small of which Tests are made vide Tests Botannists such as deal in Plants Brass how made see p. 4. The Latin word is Aes which is usually applied to Copper but improperly for Cuprum is Copper as a simple Metall and Aes brass a compound Metal of Copper and Lapis Calaminaris and this word Brass having no
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
were not as yet known or not discovered before the year after Christs Nativitie 1240. for then as a Writer of that Age recordeth was Tyn Mettal found in Germany by a certain Cornish-man driven out of his Native soile to the great loss and hindrance of Richard Earl of Cornwall This Richard began to make Ordinances for these Tyn-works and afterwards Edmund his son granted a Charter and certain Liberties and withal prescribed certain Laws concerning the same which he ratified or strengthned under his seale and imposed a Tribute or Rent upon Tyn to be answered to the Earles These Liberties The Common-wealth of Tymurs Priviledges and Laws King Edw. 3. did afterwards confirm and augment the whole Commonwealth of those Tynners and Workmen as it were in one bodie he divided into four quarters which from the places they call Foymore Blackmore Irewarnayle and Penwith Warden of the Stannaries over them all He ordained a Warden called Lord Warden of the Stannaries of Stannum that is Tin who are to give judgment as wel according to equity and conscience as Law and appointed to every quarter their Stewards who once every three weeks every one in his several Quarter ministers justice in Causes Personal between Tinner and Tinner and between Tinner and Foreiner except in Causes of Land Life or Member from whence there lieth an Appeal to the Lord Warden from him to the Duke and from him to the King in matters of moment There are by the Warden General Parlements or several Assemblies summoned whereunto Jurats are sent out of every Stannary whose Constitutions do bind them As for those who deal with Tin they are of four sorts the Owners of the Soil the Adventurers the Merchants or Regrators and the Labourers called the Spadyards of their Spade The Kings of England and Dukes of Cornwall in their times have reserved to themselves a Preemption of Tin as well in regard of the Propriety as being Chief Lords or Proprietaries as of their total Prerogative lest the Tribute of Rent imposed should be imbezelled and the Dukes of Cornwall defrauded unto whom by the old Custom for every thousand pounds weight of Tin there is paid forty Shillings It is by a Law provided that all the Tin which is cast and wrought be brought to one of the said four appointed Towns where twice in the Year it is weighed and signed with a Stamp they call it Coinage and the said Impost accordingly paid Neither is it lawful for any man before that to sell or send it abroad under Forfeiture of their Tin And not onely Tin here is found but also therewith Gold and Silver yea and Diamonds shaped and pointed Angle-wayes Cornish Diamonds smoothed also by Nature her self whereof some are as big as Walnuts and inferiour to the Orient Diamonds onely in blackness and hardness Sir John Dodderich his History of the ancient and modern Establishment of the Dutchy of Cornwall c. is almost verbatim with what Cambden hath writ concerning Tin and both of them from Carews Survey of Cornwall But all the Laws concerning Tin are fully digested in the Lord Cokes 12th Report concerning the Case of the Stanaries CHAP. XIX Concerning the Laws of the Lead Mines in Derbyshire and Mendip in Somersetshire From the Bundle of the Exchequer and the Inquisition of the Year of the Reign of King EDWARD the First 16. EDWARD by the Grace of God King of England Derby Lord of Ireland and Duke of Aquitain to the Sheriff of the County of Derby Greeting Know ye that We have assigned Our Faithful and Well-beloved Reynold of the Ley and William of Memill to inquire by the Oaths of good and lawful men of your County by the which the truth may best be known of the Liberty which our Miners do claim to have in those parts and which they have hitherto used to have and by what means and how and from what time and by what Warrant And therefore We do command thee that a certain Day and Place which the said Reynold and William shall appoint thee thou shalt cause to come before them so many and such good and lawful Men of thy Bailiwick by the which the truth may there the best be known in the premisses by the Inquirie and that thou have there the Writ Witness Our Well-beloved Cousin Edmond Earl of Cornwall at Westminster the 28th day of April in the Year of Our Reign the 16th By William of Hambleton and at the instance of Hugh of Cressingham the Day is appointed at Ashbourne upon Saturday next after the Feast of the Holie Trinitie An Inquisition taken at Ashbourne upon Saturday next after the Holy Trinity in the Year of the Reign of EDWARD the First the 16. before Reynold of the Ley and William of Meignil of the Liberties which the Miners of the said Sovereign Lord the King in the Peake do claim to have hitherto used to have in those part by what means and how and from what time and by what Warrant By the Oath of Tho. Foliamo Will. Hawley Ralph Cotterill William of Longsden John of Tearture Clement of Ford William of Bradlow Peter of Rowland Richard of Longsden Jur William son of the Smith of Bradwall Henry Foliambic John of Longsden All Jurors 1. Who say upon their Oaths Of a new Field that in the beginning when the Miners did come to the Field seeking for a Mine and finding a Mine they do come to the Bailiff which is called Burghmaster and did desire if it were a new Field that they might have two Meers of Ground that is to say one for the finding thereof and the other by the Miners Fine viz. paying a mere Dish of his first Oar. 2. An old Work and length of a Meer And the Miners desired also in an old Work of right to be measured to the said Miners every Meer to contain four Measures and the hole of the Mine to be 7 feet wide or broad 3. The length of the Measure the King to have a 3d. Meer in a new Field And everie Measure shall be of 24 feet and the King shall have the third Meer next the Finder and the other two Meers shall be delivered to the Workman Finder of the new Mine by the Burghmaster 4. And in an old Field everie Workman demanding such Work one Meer in the Field next our Soveraign Lord the King 5. The King is to have the 13th Dish for lot And the King shall have the 13th Dish or Measure of Oar which is called Th. Lot 6. And this hath been used and for this our Sovereign Lord the King shall find unto the Miners free ingress and egress into and from their Mines For which cause Lot is paid to carrie and bear their Oar unto the Kings High way 7. The King shall have Oar giving as much as another And the Jurie do say that they are used for coming in Mines that our Soveraign Lord the King shall
Persons to forbear upon pain of Forfeiture c. 7. And for encouragement to search and seize a Moyety to him that seizeth the other Moyety to the King 8. Commanding all Mayors Sheriffs c. to be aiding and assisting all Customers Searchers c. herein And if any Mayor Sheriff c. shall offend herein to be proceeded against in the Star-Chamber by the Attorney General c. CHAP. XIII An Abstract of a Proclamation against importing Latten Wier dated Aug. 19. in the 14th Year of KING CHARLES I. 1. REciting as in the Proclamation precedent against importing of Iron Wier c. prohibits the importation of any Forein Latten Wier 2. Commanding all persons to forbear to import it after Michaelmas day in the said 14th Year of K. Charles I. upon pain of Forfeiture 3. And that all which shall be forfeited shall be carried by the respective Officer who shall seise the same to the several Custom-houses without selling or compounding upon pain c. 4. Commanding all Officers after the said day to seise what shall be imported and not to make any Entry or Composition the one Moyety to the King the other to the Officer who seiseth the same 5. Commanding all Mayors Sheriffs c. to be aiding and assisting to all Customers Searchers c. at all times after the said Michaelmas day for the searching in any Ship Cellar Warehouse c. CHAP. XIV An Abstract of the Reasons for continuing the Brass Manufacture in this Kingdom given in about five Years since to the House of Commons by the Brass Manufactors 1. THat England is in a capacity to be the Staple of Brass Manufactury for it self and Forrein parts by reason of the inexhaustible plenty of the Callamine stone c. 2. That Parlements have always encouraged Manufacturies by means of great Impositions upon Forein Wares whereby the Staple may be here for supplying Forein parts especially of Pins which may also be done with Latten Wier and would tend to great security and advantage c. 3. Seeing the Staple of Pins is now here and not having Latten Wier upon Embargo's or Wars beyond Sea they may for want of Wier lose their Trade c. 4. To prevent which His late Majesty caused a Prohibition of all Forein Latten Wier to continue the Brass work here which was diverted by reason of the late Troubles c. 5. That His Majesty's Customs may not be diminished but rather increased a Prohibition is not so much desired as a larger Imposition upon it proportionable or more to that of the King of Swedens upon Copper whereby we shall be enabled to work as cheap c. 6. The Swedes have since entered into a Corporation with a resolution for some time to be Losers by their Goods intentionally to subvert the Manufacture in England endeavouring to inveigle away our chief Workmen c. 9. These Brass works being once down here five thousand pounds will not set them up again 10. When these Works were last revived the Wier was at 8 li. per 100. but since the Swedes have brought it to 5 li. 5. s. per 100. but upon the decrease of these Works they begin to raise the price and so in time we shall be enforced to take it at their own rates 11. The Complaint of the many Towns in Somersets who live upon it shew the great concernment of it 12. These works being brought to perfection will cause the exportation to be as considerable to the Kings revenue as the Importation now is 13. The continuing of these Works in England will occasion plentie of rough Copper to be brought in and make it the Staple in time of Copper and brass we having the means so plentifully here 14. It is desired that the like encouragement be given him as the Crown of Sweden gives their subjects c. We in England not being able to work upon equal terms which by a Medium of raising the duty here upon the Forein Latten Wier may easily be remedied c. This Kingdom being so fit for it by reason of the Callamint stone which if we use not our selves must either lie wast or be transported and in these works many thousand families will be emploied and maintained and in time may be as fit to be exported by us as 't is now imported when and how they please besides the consideration of the great importance for the defence and strength of this Island c. CHAP. XII The Abstract of an Act against Importing Forein Wooll Cards Card Wier or Iron Wier Anno 14. CAROLI II. Regis REciting that whereas by several Acts of Parlement made in the 3d. Year of Edwerd I.V. and in the 39th of Queen Elizabeth and several former Statutes no Cards for Wooll nor Iron Thred or White Wier should be imported by reason many Families of poor people by that Manufacture were maintained Notwithstanding contrary to the said Statutes many Cards and much Wier have been brought in c. Be it therefore Enacted that no Forein Wooll Cards or Card Wier be imported nor any old Wier put upon new Boards to be sold upon the Penalties following viz. upon Forfeiture of the same or the Value thereof the one Moyety to the King and the other to such person as shall first seise or sue for the same c. Provided this Act extend not to hinder any one of Wooll Cards to cause them to be mended for their own use or to sell or transport them being old and over-worn CHAP. XVI The second Opinion of other eminent Lawyers concerning Mines Royal. ALthough the Gold or Silver contained in the base Metal of a Mine in the Lands of a Subject be of less Value then the base Metal yet if the Gold or Silver do countervail the charge of the Refining it or be of more worth then the base Metal spent in Refining it THIS IS A MINE ROYAL and as well the base Metal as the Gold and Silver in it belong to the Prerogative of the Crown 16 CAR. I. 9 Feb. 1640. John Glanvill E Harbert Ralph Whitfield Oli. St. Johns 25 Feb. 1640. John Herne Christ. Fulwood Harb Grimston Edw. Bagshaw Jo. White Jo. Glover Ja. Haward 26 Feb. Eus Andrews Ed. Prideaux John Maynard Tho. Culpeper 27 July 1641. CHAP. XVII Rules Agreed upon by the Societies of the Mines Royal and Mineral Battery-works concerning the letting of Leases to Owners Discoverers or Undertakers of such Mines as hold Gold or Silver and the Manner and Conditions of the Leases 1. IF any Owner or Proprietor do discover any Mines Royal in his ground he shall have as many Leases as he pleaseth he covenanting for every Lease according to Conditions underwritten 2. If any Farmer or Possessor do discover a Mine Royal in the Land which he useth which was never wrought he shall have the Moietie of the profits and the Proprietor the other Moietie if they will jointly work and in that case a Lease shall be made to both of
at the next Court of the Mine and if he that is Mainprised be Attainted of Felonie in the Court the Steward shall do to him as the Law will upon the same place if he will put him upon the Miners And each Trespass of Oaths or Bloud shall be amerced at 5 s. 4 d. which 4 d. the Burghmaster shall have A Blondshed 5 s. 4 d. And every other Trespass done upon the Minerie shall be fined at 2 d. and that shall be paid to the Burghmaster the first day of Affirmment Fines for Trespass in Mines or else the second it shall be doubled and so from day to day till it come to 5 s. 4 d. and then the Burghmaster shall have the 4 d. and the Lord the 5 s. And the Miners and Merchants shall have Weights their Lead and Measure for their Oar Weights Measures at all times when they will and the Ministers to be ready at all times upon warning without let of the Lord or of his Officers And if it happen that the Miners or any other be dead in the Grove or elsewhere Burghmaster onely to do with any slain in the Mine no Escheator or Commoner nor no other Officer of the Lords shall meddle of Lands Goods nor Chattels of him that is slain or dead by any misfortune but onely the Burghmaster of the Mine And if any Felonie be done within the Franchise by Manslaughter Of Lands and Chattels of Felons and Fugitives or Fugitive of Felonie or Theft or Robberie the Lands and Chattels of Felons and Fugitives shall be forfeited if they have no better grace And if any Miner of his own underbeit his Neighbours Meer that then he shall fill his Underbeitings with such as he got out be it pure Mine or Bergh or Bous and be amerced at 5 s. 4 d. which 4 d. the Burghmaster shall have And if any Miner or other take Costage of a Merchant Liberty for Miners in respect of lot costs and may not find Mine to that Merchant the which Merchant will make no more Cost to find Oar in the same place and after he laboureth and findeth Mine to the profit of another Merchant after such labour shall come and if there be two or three the said first Merchant that first made his Costage shall have the 3d. Stone till he hath received his Costages and the other Merchant shall have the two parts for that the Mine was found at his Costages Also the Miner and Merchant shall have free entrie and issue by all the Lordship to carry their Mine Which due to ●● paid for Cope and carry it whither they list without let of the Lord or any of his Officers but they shall give to the King for every Lord 4 d. for entrie and issue by his Lordship and that is called Cpu. and if any Miner or Merchant died by misadventure under the Earth or be slain by Chance medley Burghmaster Coroner for the Mine the Burghmaster shall see his bodie as Coroner and let his bodie be buried without any other Coroner And the Miners shall have for their lot and Copr sufficient Timber for their Work without any Penie giving of the next Founder within the Kings Lordship Grove Timber Also they shall have Water to wash their Mine without any let for the said Lot and Copr Water And if the Lord will buy their Mine for as much as any other man will give them The Lord to have Preemption of the Miners Oar. he shall have their Mine before all other men and if he will not they shall sell their Mine where they will to their most profit without impeachment of disturbance of the Lord or any of his Ministers In witness whereof c. These been the Laws and Customs of the Mine used in the highest Peak and in all other places through England and Wales for the which to be had the wise Miners sued to our Lord the King that He would confirm them by His Charter under His Great Seal in way of Charitie And for his Profit forasmuch as the aforesaid Miners be at all times in peril of their Death and that they have nothing in certain but that which God of his Grace will send them FINIS WILLIAM DEBANCKE CUR MAGNA BARMOT TENT APUD WWKSWORTH CORAM FRANCISCO Com. Salop. 20 die Septembris Anno Regni EDWARDI VI. c. Tertio Inquistio Magna pro Domino Rege Miner infra Wapentag praedict per Sacramen Jurors Nicholas Hides Robert Cotten Edri Robotham Hen. Storer William Leigh John Spencer Tho. Bramwall John Gratton John Somers Rich. Wighley Tho. Cockshotte Tho. Woodivis William Bennitt Tho. Steepld Tho. Wood James Hall Roger Gell John Storer Hen. Spencer Ralph Haughton Oliver Stonne Roger Malle Edw. Willie Will. Shawe We do present and set down Pains for the Miners as followeth 1. Measure We will that the Lord of the Field shall make an able Dish from this day forth between the Merchant buyer and the seller and against every good time as Christmas and Whitsontide two able Dishes upon pain of every time wanting if it be called for to forfeit for every time 3 s. 4 d. to the King 2. That the Lord of the Field Deputie For Ground not justly wrought and the Burghmaster or his Deputie shall go every week once or twice over the Fields and where they find any Ground wrought wrongfully by any man contrary to the right and custom of the Mine then they shall take them up untill such time as the Law of the Barmote hath determined it or else the Burghmaster or his Deputie according to the old custom shall put 4 or 6 honest men among the 24 that they may have the hearing of the matter between the Parties for to set an Order for the same Ground so wrought wrongfully that the Field be not stopped And whosoever disobeyeth this Article to forfeit for every time so doing 3 s. 4 d. or else to go to the Stocks if he be a light person and the 24 Miners shall aid the Officers in so doing according to the old custom of the Mine 3. Also that the Burghmaster or his Deputie shall able us the next way to the Kings High-way to the water with Oar if any man stop us according to the custom of the Mine 4. Also if there be any poor man that hath any Oar under a Load to meet and give the Burghmaster warning according to the custom of the Mine and cannot have the Dish then it shall be lawful for such poor men to take two honest Neighbours and deliver his Oar to whom it pleaseth him paying the Church and the King their Duties 5. Oar-stealers Also if the Burghmaster attach any Oar or his Deputie which is stollen he shall attach the Seller thereof that he might have the Law of the Mine according to the Charter 6. Trials for Grounds in variance Also if there be any
affinity with the Latin words Cuprum or Aes it is probable that Composition was known before the Romans time and so never altered its name and so of Gold and Silver See Copper Boule or dish which is a certain measure wherewith the Miner use to measure out the duties to the Church and King reserved from the Oar as Tythe containing about half a peck Bullion what see pag. 40. Burghmaster see Barmaster Cakes what see p. 4. call'd so in relation to their form round and flat in part convex Calefaction calefying or making warm Cards which are certain pieces of board whereon wire is fixt so as to kemb out wooll and fit it for making of woollen clothes And are sure Cards Cards of labour and profit not of pleasure and idleness See Wire Carriers See p. 39. Cast-works such Metals as are not Malleable or apt to be beaten by reason of their fragile or brittle nature and are therefore cast into Plates or formes fit to be cut into Wire or other uses Cephalicks Cures of Diseases belonging to the head p. 5. Chymistry Chymick Chymical or Chemistry The Art of separating Metals See Alchimy Cinders the scum or refuse of Iron which is burnt Circuit Circuity a compassing or going about Coale 1. Black such as is burnt or charkt 2. White which is only baked in an Oven to make it dry for fewell Coelestial things belonging to Heaven from Coelum Condensation or being more hard or thick Conflagration when all things shall consume together as at the last day of Judgement Cope from Copia plenty See p. 89. Copper consists most of sulphur this is like to come from the Latin word Cuprum and taught us by the Romans See Brass Cordials things which comfort the Heart p. 5. Cowes are houses that the Miners build over their Groves and not such as give milk I suppose rather Coves Coverings Coyn to coyne coynage p. 40. 42. 56. D. Dyalling of Mines what see p. 2. which is done with the like Instruments of Art by which Sun-dials or surveighing of ground is performed p. 2. See G. Agricola Discoverer is any person who doth finde out a Metal or Mineral which was covered and discovers or reveals it to the Proprietor of the ground or to the Societies c. Domestick or that which concerns business at home E. Effluxion which flows from a thing as sweat from the body Elixer See Quintissenc● Ens veneris p. 5. Epileptioks from Epilepsie Cures for the falling-sickness p. 5. Eucharist or the Sacrament of the Body and Blood of Christ See Transubstantiation Ewers vide Ores p. 57. Excression that which grows naturally or by force of Art out of any thing Exhaustion to exhaust exhausting or drawing out Extraction or drawing by force also to extract Extractings Extrinsick or outward F. Euell or Materials wherewith to supply or continue sires whether wood or any other combustibles G. Genuine or natural from Genus its proper kinde Gold the most perfect of all Metals it comes not from Aurum the Latin word which shews the Romans had little use of it here or it had a name with us before their Language Grove is the Pit that leads down to the Mine H. Hypocondriacks diseases relating to the spleen p. 5. Hysterick Passions such as the Diseases called the Mother Convulsions c. I. Incorporation Corporation Incorporating are embodying several men into a joynt Company or Society for the carrying on some Affair and the person so incorporated called a Corporators or Incorporators Ingotts or silver melted into proporportions fit to be cut into coyn See p. 40. Intrinsick or inward Iron seems to be a word which is more ancient then the Roman Language which terms it ferrum unless ferrum be called Iron by way of Irony L. Lattin is brass coloured over with oare it is only cast and is too brittle to endure the hammer How the word hath relation to the Roman Language is to be enquired Lead seems to be a word also with us more ancient then the Roman Language which calls it Plumbum Lessees such as take Leases from others or of any Mines from the Societies with Covenants to work the same and pay the Kings duties c. Letters Pattents Literae Patentes or Writing sealed with the broad Seal of England whereby men are authorised to do or enjoy any thing that otherwise of themselves they could not do there are four sorts mentioned in this History First of the Mines Royal p. 49. 54. 62 Secondly of the Society of the Mineral and Battry-works p. 57. 60 65. Thirdly of the Society of the Royal Company p. 27. And fourthly of the Royal Company p. 17. Ligament a mineral word from Liga where the Composition of Metals binde together more firm Liquidity Liquidities liquid or moistning M. Manufactures such useful Arts as are performed by the labour or action of the hand Meditullian that part of the Earth which is between the Center and the Surface of the Earth Meere 29 yards is a Meer in the low Peak 31 in the high Peak and the bredth is from skirt to skirt in a rake or Pipe-work and in a flat work Metallists such as deal in Metals Metals of seven sorts vide Preface and p. 3. 6 7. the distinction of which are referred to the intended Dictionary of Metallicks or pertaining to Metals Metals Artificial p. 43. Mines what vide p. 1. Mine Royal and poor-Mine vide p 9. 52. Minerals the several sorts see p. 5 6. 7 the definitions of which are referred to the intended Dictionary Mineralist such as deal in Minerals Mint see p 40. Mony see p. 42 43. Multiplication of Coyn see p. 43. N. Needle a piece of Iron fixt on a Center with which Marriners Surveyors and Diallers use to shew the North and South-points The word is also used for an instrument wherewith men and women few garments O. Ores what and the sorts of them vide p. 2 3. the word is also used for oars which Water men use only differs in Orthography Glanceore white-ore which sometimes are called Ewres see p. 49. Ostiology or a discourse of the nature of bones P. Pale of Ireland see p 8. Parliament or Parlement ib. Patents vide Letters Pattents Petrefying petrefaction or turning soft or liquid substances into more hard or stonie from Petra a Rock Pewter vide p 4. Philosophers stone see Quintessence Piggs of Lead see p. 4. some call them Sows with some Analogy to Animals of that name in relation to their production Pitts what see p 1. somtimes taken for places which hold water which are digged with Spitts or Spades Pores are certain visible or invisible holes in the bodies of all sublunary Creatures through which they send out a certain breath or Liquid matter Practical or Practick learning or the Theory or Theorems of Arts which may be put in practice vid. Theory Prae Emption a power given for one to buy any thing before an other Praerogative is that especial power preheminence