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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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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
ye therefore c. the King ratifies and confirms all the former Grants Powers Immunities Privileges Profits c. And also for the better Advancement of the said Works grants to the last recited Persons that they shall be for ever one Body Politick and Corporate in it self in Deed and Name by the Name of The Governoure Assistants and Society of the City of London of and for the Mineral and Battery-works to have Succession for ever and liberty to have a Common Seal 5. License to purchase any parts and portions of the Immunities Privileges and Profits c. and also to purchase Lands Tenements c. by that Name and so to alien and sell the same and so to sue implead c. and to be sued impleaded c. in any our Courts before any our Judges Spiritual or Temporal c. touching the Affairs of the said Corporation 6. Power to ordain two Governours two or more Deputies and 8 or more Assistants and makes William Earl of Pembroke and Robert Lord Cecill the first Governours Francis Barty sen and Thomas Caesar the first Deputies and Arnold Oldisworth Christopher Toldervy Charles Chewt William Bond sen Henry Palmer Richard Dunford Richard Marten jun. and Nathanael Marten the first Assistants untill the first Thursday in December next c. and from thence untill new ones shall be chosen 7. Liberty to assemble and meet together for the keeping of Courts and ordering their Affairs and for Elections of Governours c. yearly and for making Laws Rules and Ordinances for the good Government of the Society for the admitting of Members and for the Dismembering and the same Laws c. also to change or revoke 8. Indemnity to every Officer Minister Workman and Labourer from all injuries c. To admit Aliens and Strangers and to administer an Oath to give Copies of their Admittance under their Common Seal and enter the same in their Register-book and to do speedy justice to all 9. Liberty to purchase Lands c. not holden of the King In Capite or in Chief not exceeding 100 l. per Ann. over and above c. 10. Power to impose Fines Penalties Imprisonments upon any Member Officer c. for any Offence touching the said Society and in case of Non-payment to sue for the same in any Our Courts of Record 11. Power to ordain one or more Officer or Officers to be styled Serjeant of the City of London for the Mineral and Battery-works who shall have power to receive and gather the Fines c. and for Non-paiment to arrest both Body and Goods except in Cities c. where the Governours Precept is to be obeyed by the Mayor c. and they are to be indemnified for acting therein And all Mayors Sheriffs c. are to be aiding and assisting to the said Society 12. Powers and Enlargements of some Defects in the former Patents concerning the Callamine stone and all sorts of Battery-wares Cast work and all sorts of Wier As for the digging and working of all sorts of Oars of Gold Silver Copper Quicksilver Tin and Lead and for conveying of Water and to erect Houses for the Melting c. not to dig in Orchards c. without License And shall give reasonable satisfaction for Damage as shall be agreed or else to be referred and if they disagree then to be determined at the Council Table 13. All Persons except the said Society and their Lessees c. prohibited to use the Callamine stone or to attempt to dig for the same or to melt or make into Wier c. or to dig for any Oars or use any their Tools or Instruments without Licence 14. All Persons commanded not to hinder or disturb the Works of the said Society or any their Workmen or Labourers upon penalty of 100 l. for every Offence the one Moyety to the King the other to Society and such other punishment by Imprisonment c. as shall be thought fit 15. Power to the said Society and their Assigns c. to take up at reasonable wages and price Artificers and Workmen Instruments c. and to buy Wood for Coals and Timber onely for the finding and melting the said Callamine stone or the digging of or melting c. of any the said Oars and Minerals c. or for conveying of Waters Except prout c. 16. Power at the Kings pleasure to search in other parts of Ireland without the English Pale with like Profits c. 17. And the said Letters Patents made to Thomas Thurland and Daniel Houghsetter and the other made to Cornelius Devoz as aforesaid shall remain and continue still in force And that these Our letters Patents shall remain and continue inviolable c. 18. Provided that if the King shall at any time be minded to resume the Powers c. hereby granted then he shall detain the same to His Own use but not to let to any others so as the Governours c. be first paid all their Charges c. as shall be adjudged by 6 persons Citizens of London whereof 2 to be Aldermen c. and upon their Certificate the Lord Treasurer to make present pay without further order 19. And if the King after His resumption shall be minded to grant the same again then the Society to be preferred c. 20. A Precept to all Justices Barons c. that the said Society c. shall have the benefit of these Presents from the said 17th of September in the 7th Year of Queen Elizabeth And that they do not suffer any Action or Information against the said Society c. touching any thing herein contained CHAP. XII The Abstract of a Proclamation against Importation of Iron Wier dated 7 Maii An. 6. CAR. I. 1. WHereas Iron Wier is a Manufacture here and by that Trade many thousands were maintained c. 2. And whereas Our English Wier is of better use then any Forein Wier especially for making Cards for Wooll c. as by several Certificates c. And whereas sundry Complaints have been made c. Therefore 3. Well-weighing the danger and prejudice and finding that sundry good Laws and Statutes have been formerly made against Importation thereof By the advice of the Privy Council We do streightly charge and command all Persons from attempting to import into England or Ireland c. any Forein Wier or Cards made of Forein Wier c. upon pain of Forfeiture c. 4. Commanding that which shall be forfeited be carried to the several Custom-house where they are seised without selling or compounding c. upon pain c. 5. Commanding all Officers attending our Customs to forbear to make Entries or Compositions for any the same Forein Wier c. but to seize the same as forfeited to the Uses hereafter specified c. 6. And whereas there hath been one evil use in buying old Cards and trimming them up and selling them for new ones to the prejudice of the Cloth trade therefore commands all
man that maketh any Title to any mans Ground contrary to Right and it be tried by the Law he that is cast shall pay two Shillings for the twelve mens Dinners and if he will not pay it then the Burghmaster shall take so much Oar of him as cometh to two Shillings or else some other Distress if he be worth so much 7. Not to be amerced Also that no Miner shall be amerced by the Burhmaster without lawful Warning 8. That no man shall mete without the Kings Dish for if he do and be so taken if it be above a Load of Oar the Load of the Field shall have it and if it be under a Load the Burghmaster shall have it if it be taken meting besides the Dish if he do not call for the Kings accordingly 9. Concerning Oar debt Also that no man shall sue any Miners for any Oar Debt forth of the Barmote Court nor no Officer shall serve a Writ nor Warrant upon any Miner when he is at his Work upon the Mine nor when the Miner cometh to the great Leets of the Barmote but the Burghmaster or his Deputies and if any man sue for Oar Debt forth of the Barmote Court he shall lose the Debt and pay the Costs 10. How the Courts ought to be kept Also the Burghmaster shall keep two great Courts every Year and if need be or require every third Week a Court upon pain of 3 s. 4 d. 11. Also if any Miners by the Grace of God find any new Rake or Vein If a new Field be found the first Finder shall have two Meers and the next Meer after the Burghmaster shall have for the King according to the old Custom of the Mine and every taker after but one Meer and so the Field to be occupied according to the Right and Custom 12. Also by the old Custom Miners ought to have Wood of the Kings Woods to stow and timber their Groves under the Earth and above Why Lot paid and therefore they pay lot to the King for which they ought to have sufficient off the Kings Grounds that is next thereto 13. Also if there be any man slain or murthered upon the Mine upon any Grove neither Escheator or Coroner nor any other Officer shall meddle therewith but onely the Burghmaster 14. Also all new Grounds How long Crosses and Holes shall hold Possession as Crosses and Holes that be not stowed nor yoked lawfully from the first day of July or within three weeks and a day next after ensuing that then it shall be lawful for any man to take them and work them lawfully And no Crosses nor Holes shall stand no longer then a man may go home and fetch his Tools to work with and Timber to stow with and the furthest Day so standing to be 3 days and after the 3d. day any Cross or Hole shall be lawful for any man to work them lawfully 15. Also we say A Ground measured freed by the Oar there gotten that the Burghmaster shall not measure any mans Ground untill such time as the Mine hath Oar gotten within the same Ground to free it with or else it shall not be measured 16. The buyers not to touch the Dish Also that no Merchant buyer of Oar shall touch the Kings Dish nor put his Hands therein to make his Measure but the Burghmaster or his Deputie shall be indifferent between the Merchant buyer of the Oar and the seller 17. Also that no man that is a Workman Her Imposition to work Claimer take his course by Law that doth work his Ground truly there shall no man come to claim his Ground and take him up to stop the Field but the first Workman shall work and the Claimer take the Law and the Burghmaster shall do him the Law truly 18. Also no Barmer nor any other Deputie Gage and Counterfeit Dishes being kept shall keep no Counterfeit Dish nor Gages in their Cows nor Houses but every man shall buy by the Kings Dish and no other Dish used upon pain for every other Dish or Gage so known or taken to forfeit for every time 6 s. 8 d. and the seller to forfeit his Oar. 19. Touching Gentlemen and other mens Groves unwrought And if any Gentleman or other man have any Ground lying in the Mine called The Kings Field of the Mine they shall keep them lawfully with Stows and Timber openly in all mens sight between this and Michaelmas next to come or else it shall be lawful for any man to take and work them for their own 20. Against Maintainance touching Groves in variance Also we lay a Pain that no person shall at any time from henceforth go to any Gentleman or other man for to give or sell any Groves or Grounds in variance for Maintainance and every person so doing to lose his said Grove or Grounds and the taker of any such Groves in variance as aforesaid to forfeit 10 l. to the King 21. Measured by Counterfeit Measures Also if any person or persons from henceforth do make any Gage or counterfeit the Kings Measure to mete Oar with if it be a Lord every such person or persons so taken shall forfeit every time 10 l. and his Oar to the King CUR MAGNA BARMOT DOM. REGIS DOM. REGINAE TENTAPUD WRICKSWORTH 3 Maii Annis Regni PHILIPPI MARIAE Dei Gratia Regis Reginae Angliae Hispanniae Francioe c. tertio quarto Inquisitio Magna pro Domino Rege Domina Regina pro Miner insra Wapentag praedict secund consuetud ibidem usitat per Sacramen Jurors Rud. Cadwan Hen. Smith Rich. Winfield Hen. Spencer Will. Sands Rich. Hilton Rob. Alleynsea Hen. Mycock John Steeple Will. Ballance Tho. Bennet Thomas John Wright Mich. Keight Holm Laurence Supper Roger Marlee Roger Tippinge Rich. Wigsey John Norman Will. Robotham Tho. Wood Tho. Needham John Pickocke Tho. Jones 1. Lord of the Field to provide able Dishes We will the Lord of the Field shall make for us and all other Miners an able Dish from this time forth between the Merchant buyer and the Merchant seller of Oar and against everie Good time as Christmass Easter and Whitsontide two able Dishes if need shall require if they be called for upon pain for everie time not so doing to forfeit 3 s. 4 d. 2. Also we tax a Pain Not to dig or shovel within 7 feet of any mans Washing Trough that whereas everie man that hath a Washing Trough of his own by the custom of the Mine ought to have the space of 7 feet about the said Washing Trough that if any person shall dig delve or shovel nigh upon the said Trough within the said space shall forfeit so oft as they shall so do 4 d. 3 Also we lay a Pain A Pain touching Purchasors that no person or persons shall purchase any Oar in any mans Ground but in their own onely except that the
have the Buying of their Oar before all others giving as another will 8. And in the Miners have received any Monie of any other man before hand for his Oar An Exception then the Miners shall pay their Debts without any let of Burghmaster so that this be without fraud or deceit or else the King shall have the Oar before all others 9. Miners may lawfully fell their Meer at pleasure And the Jusie say further upon their Oaths that it is and shall be lawful to the Miners to sell give and assign his Grove or Meer of ground or any part thereof without the License of the King or Burghmaster 10. An Exception And this hath been used time out of memorie of man in all the Territories and Liberties of the High Peak unto this time save in a certain place there called Man Dale in which place all Buyers of Oar are prohibited to buy Oar by the space of 4 Years last past by the Burghmaster 11. Courts of the Burghmaster to be kept every 3 Weeks And for what cause the Miners may maintain their Right and Customs above the said Jurie do say that the ancient Custom of the Mine is that the Pleas or Courts of the Burghmaster ought of right to be kept and holden Yearlie upon the Mines from 3 Weeks to 3 Weeks And the Jurie say upon their Oaths Coroner of the County not to view the Body of any Miner that if any Miner be slain by any misfortune that such Miner be buried without the view of the Coroners of the said Countie by the view of Miners And if any person or persons be convicted of any small Trespass Tenth Fine for small Trespasses he ought to pay for his Amercement 2 d. and that to be the same day paid or else to double the same Amercement till it come to 5 s. 4 d. If any bloud be shed upon the Mine Every Bloudshed 5 s. 4 d. the Author shall pay 5 s. 4 d. the same day or else shall double the same every day till it come to 100 s. And if any Miner do any Trespass under the ground to his Fellow he shall pay for his Amercement 5 s. 4 d. and satisfie his Fellow the full value of his Trespass FINIS In Nomine Dei Amen First time that the New Mine was found Of a new Field the Merchant and the Miners chose them a Burghmaster for to deliver unto the Finder of the Mine two Meers The Lord of the Field to have a new Meer and the Lord of the Field a Meer near to the said two Meers on the one partie or else half a Meer on the one side of the said Meer and another half on the other side at his own election and after that the Burghmaster shall deliver to the Miners Meers to work after the Law of the Mine THE LIBERTIES AND CUSTOMS And a Meer shall contain in length 10 wands and 7 feet A Meer of Ground which in length that is to say 87 feet there alway as the Mine goeth between two Coals and the Miners shall have their Meers to them and their Heirs for ever but if they be forfeited by the Law of the Mine to the Lord Wives to have Dowers in Meers their Wives shall have Dowers in the said Meers but if they be forfeit they are as aforesaid And the Miners shall work their Meers duly How the Work to be followed and shall chuse their Stool on that one part there as he may find Mine between two Walls in the natural way till he come to the Meer Stake and then his Neighbours next him shall chuse the Stool in the same manner and so the Stool shall be closed from Meer to Meer For letting by Water but if it be letted by Water And then the Burghmaster shall see that the Mine be wrought duly The Burghmaster is to score the Spindle of the Stow● where it is not rightly wrought and where he findeth a Meer unwrought he shall score on the Spindle one score and so from week to week he shall visit the Field and see that the Mines be wrought And if he find any Meer standing unwrought 3 weeks together he shall score three scores on the Spindle and deliver it to him that will work it as the Law will but if it be borrowed and replevied as the Law of the Mine will at the 3 weeks end And then the Lords and the Miners shall ordain them a conveniable Measure by which the Lord shall receive his Lot Concerning Measures and the Miners shall sell their Mine And the Miner abiding upon his Meer shall have delivered to him by his Burghmaster a sufficient place for his Lodge and for his Cottage with sufficient House-boot and Hay boot and all manner of Timber for their Groves delivered by the Lords or by his Fosters if they have sufficient within their Lordships else the Miners shall buy them at their own proper cost in other Lordships and then the Lord shall take Lot and then it shall be lawful for them to carrie their Mine whithersoever them list and burn it and do with it what them likes best without disturbance of the Lord or any of his Officers And the Miners and Merchants of the said Mine shall be quit of all Damages and all other Customs Miner and Merchant toll-free as far as the Lordship lasteth and in all places as the Lord may spend Four Pence by the Year And the Miners shall have for their Beasts Pasturing with the Lords Beasts in his Wastes Miners to have Pasture in the Lords Waste Not to pound the Cattel of Miners except his fenced Parks Medows and sowen Fields and then no Minister of the Lords shall pin them nor distrain them for no Article of the Mine within the Franchise of the Mine but onely the Burghmaster and the Lord. Also the Stewards shall hold Yearly on the Mines at their own wills Courts Courts to be kept and two Great Courts every Year and if any Miner or other person be Attaint for stealing of Barmine first he shall be amerced in it 5 s. 4 d. the which 4 d. the Burghmaster shall have and if he be Attainted again the Miner shall be amerced in 10 s. 8 d. the which 8 d. the Burghmaster shall have and if he be Attainted the third time for stealing of Mine he shall be taken and stricken through the Right Hand in the Palm with a Knife up to the Heft into the Stow and there he shall stand till he be dead or else cut himself loose and then he shall forswear the Franchise of the Mine And if any man be taken by occasion of any Article that belongeth to the Mine Office of the Steward touching Felony in the Mine he shall abide in the keeping of the Burghmaster and if he will be Mainprised the Pain shall be 100 l. to be brought again before the Steward