Family still continue in Cardiganshire and doubtless we had much of our knowledge from their Predecessors who revived this work in Cardiganshire They also entered upon another work of Copper at Keswick in Cumberland being within the Royalties of the Earl of Northumberland formerly granted to him from the Crown together with all Mines c. Whereupon the Earl opposed Houghsetter but the matter being brought to Tryal between the Queen and the Earl it was the opinion of the Judges that notwithstanding his Grant the Queen had power to search for Treasure in any ones ground So that it is good for Princes and even for mean Lords to keep a Claim to their Prerogatives and Customes lest time as in this case should cause an opposition For 70 years intermission made that questionable which for many ages before was out of question But this Suit being ended the Abstract of which Proceedings is hereto annexed to prevent the like occasion for the future the Queen May 28. in the 10th year of her Reign erects a Corporation of which William Earl of Pembroke was the first Governour and Robert Earl of Leicester James Lord Monjoy Sir William Cecill Assistants and many other Persons of Qualitie joyned consisting in all of 24 Persons and as many Shares and those Shares subdividable into half and quarter parts so that they might consist of 96 Persons their Votes being according to the proportion they had of Shares And this Society was and is entituled The Society for the Mines Royal and they have the Grant and care of Gold Silver Copper c. within 8 English Counties hereafter recited and of all Wales As for the Laws and Rules by which they were managed they are also annexed These Persons thus incorporated by a joynt Stock wrought several Mines with good success The Queen did also in the 7th year of her Reign grant to William Humfreys and Christopher Shute a German all Mines Minerals and Subterranean Treasures except Copperice and Allom which should be found in all other parts of England not mentioned in the former Patent or within the English pole in Ireland by the name of Gold Silver Copper Tin Lead Quicksilver Cadmian Oar or Lapis Calaminaris and all manner of Ewres or Oars simple or pure mixt or compounded for Latten Wire or Steel c. And also on the same 28th of May in the 10th of her Reign the Queen frames the Participants into a Corporation by the name of The Society for the Minerals and Buttery works As for their Laws and Rules they are also annexed with the other This also was look'd upon as so considerable a matter to the Crown that Sir Nicholas Bacon then Lord Keeper the Duke of Norfolk William Earl of Pembroke Robert Earl of Leicester William Lord Cobham Sir William Cecill Sir Walter Myldmay Sir Henry Sidney Sir Francis Jepson Sir William Gerard with 29 more considerable Persons Gentlemen Lawyers Citizens and Foreiners were Participants And this Society consisted of 36 Shares subdividable also into half and quarter parts so that it was capable of 144 Shares And this also by a joynt Stock did effect great things which turned to good advantage both to the King and to the Society THE ARMS OF THE SOCIETY OF THE MINES ROYAL Given Aug. 26 1568. Anno 10. Eliz. 1568 This Coat is blazoned in Page 24. and the other Coat in Page 23. above it As they are Blazon'd Silver with a Mount Vert. A Man working within a Mine with two Hammers and a Lamp all in their proper colours on a Chief Azure A Cake of Copper between a Bezant and a Plate on a Wreath Silver and Azure A Demy man called in Dutch the Schicht Master with an Escocheon on his Breast Or and Azure per Bend inverted in one of his Hands an Instrument called a Wedge and in the other Hand a Compass Gold mantled Silver doubled Azure supported with two Men the one called the Hammer-man with a Hammer on his Shoulder and the other the Smelter with a Fork in his Hand all in proper colours THE ARMS OF THE SOCIETY FOR THE MINERAL AND BATTERY WORKS Given also Anno 10. Eliz. As the are Blazon'd The Field Azure upon the Base point Vert a Dorick Argent supported by a Lion and a Gryffon armed and languid Gules On the top of the Pillar a Ducal Crown Or. On the Chief an Annulet Argent between two Bezants of the same The Crest on an Helmet and Wreath Argent and Vert. Two naked Arms and Hands supporting a Cake of Copper proper the Supporters an ancient Man in a Gown wearing an Headpiece on it a Cressent and holding one hand on the Escocheon in the other a Pickax on the other side a Woman holding also the Escocheon with one hand and in the other a Quadrant CHAP. XVIII KING JAMES ABout the second of King James both the Societies thought fit to renew their Charters with some Additional Powers also annexed and then William Earl of Pembroke was Governour to both Societies and so continued till his death in an Annual Election CHAP. XIX CHARLES I. AFter the death of William Earl of Pembroke in the Year 1630 Philip Earl of Pembroke was chosen Governour of both Societies and in this Kings Reign about the Year 1639 there was some Dispute between Sir Hugh Middleton and Sir Richard Price concerning the Mines at Tallabent in Wales whither Royal or not Royal and this was also about 70 years after the Tryal with the Earl of Northumberland Whereupon several Eminent Lawyers subscribed their Opinions hereto also annexed and the matter was soon quieted Then from 1641 to 1647 no Governour was chosen but the Mines in Wales continued working under Mr. Thomas Bushell who made them very serviceable to the Martial Concerns of the King during the Civil Wars CHAP. XX. CHARLES II. IN the Year 1649 Philip dies then his Son Philip now living was chosen Governour of both Companies and in 1662 the Lord Anthony Ashly-Cooper Chancellour of the Exchequer and one of His Majesty's Privy Councellours was joyned as Governour of both Societies with the Earl In 1668 the Earl of Pembroke being willing to quit the Government in respect of his retirement Pr. Rupert Duke of Bavaria and Cumberland Knight of the Order of the Garter and one of His Majesty's Privy Councellours was chosen together with the Lord Ashly-Cooper Governour of both Societies and the Deputy Governours of both Societies are now the Lord Brunker Sir Robert Murray Knight Sir John Pettus Knight Sir Francis Cobb Knight Col. Ashburnam Cofferer to His Majesty Thomas Foley Esquire Edward Swith and Edward Henshaw Esquires The Assistants to both Societies are Col. Ashburnham Edward Smith Paul Foley John Darrell John Wright Edward Henshaw Anthony Knightsbridge Dudly Dudly and Edward York Esquires Henry Kemp Thomas Hayes Roger Norton and Richard Reynoll Gentlemen and Citizens The Auditors Treasurers Register and Serjeant are chosen by the Governours and Assistants as occasion requires There are other Members
covenant to pay unto the Queen a 10th part of all Gold Silver and Quicksilver 3. Gold And for Gold oar to pay for every 100 weight 8 pound weight of fine Gold 4. Silver And for Silver the 20th part and the Queen to have the Preemption of the Oars paying in every ounce of Gold 8 d. and in Silver 1 d. less then She can buy elsewhere tobe paid within 30 days 5. Tin And for Tin such portion as the Crown hath in Devonshire or Cornwall 6. Lead For Lead such Customs and Profits as are used in other parts of the Realm 7. Callamint Callamint the 20th part to the Crown or the value thereof 8. For every 100 weight of fine Copper during the first 6 years 2 s. or the 20th part at the election of the Crown Copper and after those six years 2 s. 6 d. or the 15th part or the value thereof in Monie 9. The Queen to have what She will of Copper for Her Monie giving half a years notice 10. If not then power to transport the rest paying the Customs 11. License to transport the Ewres where no Wood is 12. No former Grant to any other shall prejudice Humfrey's Grant 13. The Copper and Tin to be brought to the place of Coinage to be marked not above 1. Mile by Land or 12 by Water 14. License to bring over Workmen being no Enemies to the Crown and they to be indenizon'd by the Great Seal without charge 15. Not above 8 Strangers to be Partners at one time and not to have above one third part of the whole 16. Humfrey and Sbutz c. may bring over Victuals and Tools without Custom 17. The Queen to have power to resume paying to Humfrey and Shutz their Heirs or Assigns such recompence as shall be adjudged by 6 Citizens whereof 2 to be Aldermen 18. If the Queen let them again then Humfrey and Shutz to have the Refusal CHAP. IX An Abstract of the first Incorporation of the Company of the Mineral and Battery-works dated the 28th of May in the 10th Year of Queen ELIZABETH 1. THe Queen reciting former Letters Patents dated the 17th of September in the 7th Year of Her Reign unto William Humfrey and Christopher Shutz whereby She grants unto them to search dig and mine for the Callamine stone in all places of England and within the English Pale in Ireland and the onely use and commoditie thereof to have and all sorts oâ— Battery wares c. and at their charge to erect Houses necessary c. with divers other Powers c. And also reciting other Letters Patents dated the same Day and Year whereas before that time the Queen had given privilege to Cornelius Devoz for digging Allom and Copperice c. And reciting further the Grant to Thomas Thurland and Daniel Houghsetter to dig for Oars of Gold Silver Copper and Quicksilver in the Counties of York Lancaster Cumberland Westmerland Cornwall Devon Gloucester Worcester and in Wales c. with liberty to grant and assign Parts and Portions c. Ratifies and confirms all Immunities and Privileges to Will. Humfrey and Christopher Shutz c. And 2. Doth give and grant unto Sir Nicholas Bacon Knight Thomas Duke of Norfolk William Earl of Pembroke Robert Earl of Leicester William Lord Cobham Sir William Cecill Knight Sir Walter Mildmay Knight Sir Henry Sidney Knight Sir Francis Jobson Knight Sir William Garrat Knight Rowland Hayward John Tamworth Peter Osburne Thomas Cecill Francis Agard Thomas Fleetwood William Roberts Henry Codenham Robert Christmas Roger Wetherall William Patten Christopher Chewt Thomas Smith William Dodington William Birde George Barnes William Humfrey Christopher Shutz Anthony Gammage Richard Marten Edmund Roberts Francis Barty Richard Handford Edward Casteline Jo. Goodrich Jo. Lovison William Williams Christopher Birkbeck and Andrew Palmer that they by the Name of The Governours Assistants and Society of the Mineral and Battery-works and their Successors shall be Incorporate into a Body Politick to continue for ever 3. Grants them a Common Seal Libertie to purchase Privileges and Authorities formerly granted to the said William Humfrey and Christopher Shutz and to purchase Lands Tenements c. by that Name and to alien and sell the same and be enabled to sue and be sued c. in all Courts and before any Judge Spiritual or Temporal c. in all matters touching their Society 4. Liberty to chuse two Governours two or more Deputies and eight or more Assistants Sir William Garrat and Rowland Hayward the two first Governours John Tamworth and Peter Osburne the two first Deputies and Thomas Fleetwood Henry Coddenham William Birde George Barne William Humfrey Christopher Shutz Anthony Gammage and Richard Marten the 8 first Assistants untill the first Thursday in Decemb. after the Date and from thence till new ones are chosen 5. Power to assemble at their own pleasure and to keep Courts there and to elect their Governours c. and to make Rules and Ordinances for the well-governing the Affairs of the Society c. 6. Power to admit others to be Members and to dismember and to make Acts and revoke the same upon occasion at pleasure gives freedom to all the Society Workmen and Labourers during the time of their Imloyment not to be impannelled upon Juries c. 7. License to admit Aliens and Strangers as well as English and to minister an Oath and deliver Copies of Admittances under their Common Seal 8. To rule and govern according to the Laws c. and to do speedy justice in putting them in execution 9. To purchase Lands c. not held In Capite nor above the yearly value of 100 l. over and above all charges Power to set Fines Pains c. upon any Member Officer Workman or Labourer for any matter relating to the said Society And if any be disobedient they are to punish them as the quality of the Fault requires at discretion which they are not to refuse 10. Power to make one or more Serjeant or Serjeants who is impowered to levy and gather all Fines c. and to arrest both Body and Goods in case of refusal of paiment in all places except Cities c. where the Mayor c. upon a Precept from the Society under their Seal shall arrest and attach c. and the same to deliver over to the said Serjeant according to the tenour of the said Precept and the said Mayor c. to be indemnified therefore 11. Willing and commanding all Mayors Sheriffs c. to be aiding and assisting to the said Society CHAP. X. An Abstract of KING JAMES his Letters Patents dated Jan. 28. in the second Year of His Reign Incorporates for ever The Society of the City of London for the Mines Royal. 1. REciting the Letters Patents granted to Tho. Thurland and Daniel Houghsetter dated the 10th day of October in the 6th Year of Queen Eliabeth and other Recitals 2. Grants all Mines and Oars therein recited to William
Charges 01 10 00  03 11 00 Total Charges 16 11 10 If the said Tun of Metal be made either of Goginian Coomervin or the Darrein oar the same yields in Silver per Tun of Metal 14 00 00 One Tun of Lead the Waste being deducted as aforesaid is 12 00 00  26 00 00 The Charge in all is 16 11 10 Deducted out of 26 l. the clear profit of a Tun of Lead is 09 08 02 If the said Tun of Metal be made of the Oar of Coomsumblock it yields 20 l. per Tun in Silver    This is only to shew the manner of computing a Mine Royal by Art but some are of opinion that all Metals do contain Gold or Silver in them and that therefore all Veins of Metals do belong to the King But for the Readers satisfaction as to matter of Law in that point he is referred to the Second Part of this Treatise And thus having briefly described Mines Metals Minerals their places and definitions the next is to shew what Governours or Officers the Kings of England have from time to time deputed and what Directions and Powers have been granted for their better Regulation CHAP. IX Of the Antiquitie of the Mines Royal. THese Works in Wales with some other in Devonshire Somersetshire and Cornwall as far as Tradition can assure us were anciently wrought by the Romans By the Damonii in Devonshire and Cornwall by the Belgae in Somersetshire and by the Dimetae in Cardiganshire And Caesar in his Commentaries saith that one reason of his invading the Britans was because they assisted the Gauls with their Treasures with which their Countrie did abound And Cimboline Prince of the Trinobantes wherein Essex is included who had lived much at Rome in Augustus his time was seated at Walden in that Countie and did according to the Roman way coin Monie instead of Rings which might be from that Mine which was afterward discovered in Hen. IV. his time in that Countie as yet unknown to the Societie However 't is certain there were Mines which did supply former Ages and may be again used with very great advantage to this present Age. As for the Laws made by the Romans concerning Mines the most material of them are abridged and annexed in their genuine Language that others may make their own Interpretations Most of which Laws are agreeable to the Grants and Powers of our succeeding Kings onely as to the Condemning such Men and Women to the Mines who had committed some heinous Crime against the Laws of the Empire our Kings have been more merciful therein though that point were in this Age worthy of consideration in respect of the yearly multitudes of able ingenious persons that suffer death by the Laws whose Lives upon this Imployment might be very useful CHAP. X. Of the Powers granted by our Kings concerning the Mines EDWARD I. Anno 33. THe King for advancement of the Stannaries in Cornwall frees the Tinners from all pleas of the Natives touching the Court Cornwall and from answering before any Justices c. concerning the Stannaries save onely the Keeper of the Stannaries Pleas of Land Life and Member excepted neither are they to be kept from work but by the said Keeper and indemnifies them from Tolls c. gives them libertie to dig Tin and Turf any where in the said Countie and to turn Water-courses for their Works at pleasure Tinners with many other Privileges both to the Keeper and Tinners concerning weighing and selling their Tin CHAP. XI EDWARD III. KIng Eward III. by Indenture dated 11 July Anno 32. Rot. 4. grants unto John Ballanter and Walter Bolbolter all his Mines of Gold Silver and Copper in the Countie of Devon for two years with libertie to dig and search Devon except in Gardens yielding 20 marks the first year and the 5th part the second year and all other persons are excluded from digging there EDWARD III. Among the Remembrances of the Exchequer Slop the King to John Jugg and Henry of Wisbich Whereas We are informed that certain Mines of Lead mixt with Gold and Lead Oar are found in the Countie of Salop He wills that the Barons of the Exchequer and Treasurer may be certified of the manner of finding the said Mines Gold and lead Oar mixt and whether any hath been transported and by whom and impowers them to inquire upon oath and commands them to certifie His Treasurer and Barons thereof at c. so that further Order may be taken and to return the Inquisition c. Witness Our Treasurer 30 Octob. Anno 7. CHAP. XII RICHARD II. KIng Richard II. by his Letters Patents dated 11 Junii Devon Gold and Silver Anno 8. grants to Richard Wake Clerk his Mines of Gold and Silver in the Countie of Devon and libertie to dig paying damage to the Owners of the Grounds as well within Liberties as without for ten years paying a tenth part of the profit unto the Holy Church and to the Exchequer the nineth part and all other persons to be excluded prout ante RICHARD II. The King to Hugh of Burnell Salop. and our Sheriff of Salop Whereas We are informed by James Miner of a Mine of Copper and Silver in or near the Lordship or Priory of Wenlock whereout no little profit would accrue to Us if wrought by experienced Workmen We assign you to ordain the said James to work the same without any let he not doing any thing against the Laws of our Kingdom or demolishing any Houses or Gardens c. Witness the King at Westminster 4 Junii Anno 17. Regni Rot. 12. CHAP. XIII HENRY IV. KIng Henry IV. by his Letter of Mandamus Essex Gold dat 11. Maii Anno 2. Rot. 34. commands Walter Fitz-Walter upon Information of a Concealed Mine of Gold to apprehend all such persons as he in his judgment thinks fit that do conceal the said Mine and to bring them before the King and his Council there to receive what shall be thought fit to be ordered HENRY IV. The King to William Charleton Prior of Pilton Devon Holding Silver Whereas we have granted to Henry and John Darby the Lead Mines holding Silver in Com. Devon for ten years paying Us nine pounds of pure Silver yearly and to Us and others all other dues We make you Comptroller thereof and command your diligence therein during pleasure Dat. 9 Feb. Anno 7. Regni Rot. 20. CHAP. XIV HENRY VI. THe King by His Letters Patents England Gold and Silver dat 24 Feb. Anno 5. grants to John Duke of Bedford Regent of France and Protector of England all Mines of Gold and Silver within His Kingdom of England for 10 years paying the tenth part to the Holy Church to the King the 15th and to the Lord of the Soil the twentieth part to dig c. but not under Houses in Arable Land or Medow without Licence of the Lord of the Soil and to make
reasonable amends for any damage HENRY VI. The King by his Letters Patents granted to John Sollers all Mines of Gold and Silver in Devon and Cornwall Devon and Cornwall and all Mines of Lead holding Silver or Gold Gold Silver and Lead to hold from the expiration of 12 years formerly granted to the Duke of Bedford for 20 years paying the fifteenth part of pure Gold and pure Silver with libertie to dig and work the same but not to dig under any Houses or Castles and a Clause to provide for Wood and Labourers Dat. 11 Julii Anno 17. Hen. VI. Rot. 45. HENRY VI. The King by his Letters Patents makes his Chaplain John Bottwright Comptroller of all his Mines of Gold and Silver Devon and Cornwall Gold Silver Copper Latten and Lead Copper Latten and Copper Latten Lead within these two Counties Dat. 10 Sept. Anno 30. Hen. VI. Rot. 15. 20. HENRY VI. The King by His Letters Patents granted to the said Bottwright Provost and Governour of all his Mines Devon and Cornwall Copper Tyn and Lead prout ante and grants him all Mines of Copper Tin and Lead there whereout any Gold or Silver shall be fined to hold during his good behaviour paying the tenth part of pure Gold and Silver Copper Tin and Lead to be fined at his own charge with power to let and set for twelve years paying to the King the tenth Boule of Oar of Copper Tin and Lead holding Gold or Silver and to dig without interruption with a Clause to make a Provision for Wood and Labourers the Fee of the Church excepted Dat. 20 Junii Anno 31. Hen. VI. Rot. 20. 25. HENRY VI. The King by His Letters Patents Anno 34. Rot. 24. Devon and Cornewal Gold Silver and all Mettals containing Gold or Silver gives and grants to the Duke of York all his Mines of Gold and Silver and of all other Metals containing Gold or Silver within the Counties of Devon and Cornwall to hold at the pleasure of the King for 21 years with a Clause not to dig under the Houses or Medows of any person and with a Clause to free and indemnifie the Miners without impediment of the King or his Subjects wheresoever the said Mines shall be found within the said Counties HENRY VI. Among the Remembrances of the Exchequer Devon Anno 36. Regni in the Records of Easter Term Rot. 20. inter alia Devon Memorand That John Bottwright Governour of the Mines of Berryferres in Devon complains to this Court Mines that Robert Glover at the command of Roger Champernown took away 144 Bouls of Glance oar Glance oar valued at 15 l. 6 s. 8 d. and made profit of the same without any thing allowed to the King to the Kings damage 100 l. and thereupon desireth the Advice of the Court. CHAP. XV. EDWARD IV. THe King by his Letters Pattents England Lead holding Gold or Silver dat Dec. 20. Anno 8. Regni to Richard Earl of Warwick John Earl of Northumberland and others grants all Mines of Gold and Silver c. on the North side of Trent within England And all Mines of Lead holding Gold or Silver in the parts aforesaid agreeing with the Owners of the soyle to hold from the Feast of the Purification next for 40 years paying to the King the 12. part of pure gold and silver and to the Lord of the soyle a sixteenth part as they grow liberty to dig c. except under Houses or Castles without Licence EDWARD IV. The King by his Letters Pattents 30 Julii Anno 12. Rot. 2. grants to Gallias Lynne Semerset Glou cest Lead Tin and Copper holding Silver William Marriner and Simon Pert power to dig and search for Mines within the Counties of Somerset and Gloucestershire of Lead-Oar Tin or Copper holding silver or gold for the term of five years and to agree with the Lord of the soyl paying to the King every eighth Bowle of rich Oar with a clause to make their Mills to Fine and Melt as the Owner and they can agree And all Officers c. to be assistant EDWARD IV. The King by his Letters Pattents dat 23 Northumberland Martii Anno 15. Rot. 20. grants to his brother Richard Duke of Gloucester Henry Earle of Northumberland Copper and others the Mines of Blanch Lands called Shildane in Com. Northumb. And the Mine of Alston-Moor called Fetchers The Mine of Keswick in Cumberland and the Copper Myne neer Richmond in Yorkshire To hold from Lady day next for 15 years Paying the King the eighth part neat to the Lord of the Soil the ninth and to the Curat of the place a tenth as they arise EDWARD IV. The King by his Letters Pattents Dat. 11 Martii Northumberland Gold Silver Copper Lead Anno 18 Rot. 31. Upon surrenders of the former grants to William Goderswick and Doderick Vaverswick all Mines of Gold Silver Copper and Lead in Northumberland and Westmerland To hold from Lady day next for ten years paying to the King a fifteenth part neat to the Lord of the Soil and to the Curat as they can agree CHAP. XVI HENRY the VII THe King by His Letters Patents England Wales dat 27 Feb. Anno 1. Regni Rot. 92 makes Jasper Duke of Bedford and others Earls Lords and Knights Commissioners and Governours of all his Mines of Gold Silver Tin Gold Silver Tyn Lead and Copper Lead and Copper in England and Wales to answer the profits to the King and made Sir William Taylor Comptroller To hold from Candlemass day following for 20 years with Liberties of Court and other Priviledges Paying to the King the fifteenth part of pure Gold and Silver and to the Lord of the Soil the eleventh part as it grows Liberty to dig and search c. Except under the Houses and Castles of the King and his Subjects This Henry VII a wise Prince taking notice of his interest and Prerogative in the Mines did in the very first year of his Reign grant this Commission and by this and other ways raised a vast sum of Mony and left his rich Coffers to Henry VIII Who added to the Bulk by the Sale of Abbies c. But before Henry VIII his death almost all the Treasures of his Fathers and his own were consumed and what remained was left to Edward the VI. an Infant whose experience could not guide him to the Care of such affairs then followed Queen Mary who matching with Spain was thereby interessed in the wealth of Europe and needed no other support or inspection so this concern stood neglected for above 70 years CHAP. XVII QUEEN ELIZABETH ABout the third year of Queen Elizabeth she by the advice of her Council sent over for some Germans experienced in Mines and being supplied she the tenth of October in the sixth of her reign grants the Mines of eight Counties besides those in Wales to Houghsetter a German c. whose name and
of these Societies of which some do sometimes attend as the Lord Byron Sir George Hamilton Alderman Bond Mr. Arcbold Mr. Palmer Mr. Clutterbuck and Mr. Squire Others have not attended for many years past and therefore I shall not mention them The usual place of Sitting is at Mr. Kemps House in Sheer-lane who is Register to both the Societies where all the Books of the Records remain and either there or at his Chamber in the Inner Temple all Persons who are desirous to interest themselves in this Concern may receive directions and satisfaction CHAP. XXI Of other Companies having like Appellations IN the Year 1662 His Majesty KING CHARLES II. did erect a Corporation intituling it The Royal Society for improving Knowledge whose Studies and Endeavours are to enlighten the World with all Real Experiments in Nature tending to the benefit of Mankind and of this the Lord Brunker is President His Majesty also in the Year 1663 erected another called The Royal Company whose business is to settle the Trade with Guiny in Africa concerning Gold and Silver c. whereof His Highness the DUKE of YORK is President so that there being first the Society of the Mines Royal secondly the Society for Mineral Works thirdly the Royal Society and fourthly the Royal Company it was thought fit to insert their Titles here that those who have occasion to apply themselves to either of the said Societies or Companies may not be confounded in their Appellations or Applications And these two Societies of the Mines Royal and Mineral Works have been so prudent as to make several of both the other Societies Members also of theirs for the better entercourse between them in such publick concerns CHAP. XXI Why our Mines affording Gold or Silver should properly belong to the King by His Prerogative WHere the Supreme Power of Peace and War is fixed as with us it is acknowledged in the King he ought to have those Attendances to his Power which may either continue the one or support the other And Money the Product of Metals being the Ligament of that and Nerve of this it is most reasonable that seeing the Cause is more honoured then the Effect that He whose very Image and Superscription makes Metal and Money passable should in Politicks have the command of those Mines to which after some progress of Art and Labour His mere Image gives the Reputation for that which we call Intrinsick Value is still but according to Extriusick use For we find in History that Copper Ten Lead nay even Leather have been in as great esteem and at this day Iron in some Forein parts is more passable then Gold So that having the effects of its virtue from our Casars Superscription it is just that Caesar should have his due and all the means and assistances to art in the Effects thtreof Nor doth it appear by any Record that this Prerogative was ever opposed by any Proprietor For the Earl of Northumberland's Case hereafter mentioned and set down at large by Plowden concerning the Copper Mines at Keswick in that Countie was onely whether in granting the Manour to the Earl together with all Mines within the said Manour the Mines also should pass and it was resolved by most of the Judges that though the Grant of the Manour was good yet the King could not alienate Mines being perfectly linked to the Prerogative of the Crown so that this Opposition was rather to explain his Grant then to oppose the Prerogative For the Queens Deputies workt the said Mine without any further opposition of the said Earl or his Saccessors And soon after She fix'd the Conduct of that Affair into a Corporation reserving to Her Self a proportion of what they should get and a pre-emption of what was saleable in case She had use for it and lest the benefit of the Mines should exceed the bounds of a Subjects Fortune She reserved to Her Self and Her Successors a Power at any time to reassume the management of those Affairs to Her Self paying to the Corporation such Compensation as should be indifferently awarded CHAP. XXIII Why the Government of the Mines was by Queen Elizabeth committed to the Conduct of Corporations AS it is conceived the first Reason of the Queens committing them to Corporations was that the Crowns Prerogative therein might be permanent for our Laws say that Corporations never die Next that the Arts Methods Rules and Orders by which they were to be conducted might be registred by them for the use of Posterity which in former times were but loose und uncertain and died with the Undertakers for no former extant Records do assist us herein And this makes other Nations so famous because by way of Corporation they entail their Arts and Manufactures to their Successors thinking them no derogation to any of their other Degrees of Honour to which they have by those Arts or otherwise atchieved And the Romans were so strict herein that when any Artificer died the Heir of that Artificer was convened before Judges about the things of that Art which he professed The third reason was from Her observation of the Inartificialness of former Ages in this Concern which may be collected from Her sending for and imploying so many Germans and others Foreiners where Mines were plentiful and the Arts belonging to them who might put us into the tract of managing ours in finding and diging them and in smelting and refining Metals And therefore the Queen provided in Her Charter that 8 Foreiners might be admitted and upon such admission of any Foreiner he was to have Letters Patents for his Indenization without Fees or Charge and not onely they but all persons interessed in these Operations are to be discharged of all Fifteenths Tenths Subsidies Taxes Impositions and Charges except such as are excepted in the Patent and all Officers Miners c. to be free from Juries and Arrests for which the Civil Law which is the ground of most of our Laws concerning Arts gives this reason because the Charge Care Circumspection and Labour if duly executed are so great and advantageous to the Publick that it was thought but reasonable by the Romans and by their example for us to give them encouragement by such Concessions And that this Nation was so unknowing in the guidance of this Affair is evident from the great quantities of Slags from Lead and Cinders from Iron which by former Ages were thrown aside as of no use but to mend High ways or to build with instead of Stone But of these our present Artists do make as great if not greater profit then of fresh Oars for which though Philosophers give some specious reasons yet their goodness may rather be imputed to the defect of former skill in not duly melting and refining them then from any improvement of their Nature by so long lying under the Concoction of Heat A fourth reason was that Arts and Sciences might be improved and in their very Improvement rewarded Curiosity being
of Gold or Silver which is in the base Metals the King should have all the Mines of base Metals in the Realm and the Subject having Mines of base Metals in his own Lands they are of no effect for there is not according to the said Authors any such Mine either in this Kingdom or elsewhere which hath not some Gold or Silver in it And therefore it seemeth reasonable to consider the nature of a poor Mine and the value of the Gold and Silver in the base Metal and that the Product be of such value that it countervail the charge of getting it or otherwise there is no reason that it should draw the Propertie of the base Metal to the Crown but if otherwise then it is to be a Mine Royal. CHAP. IV. An Abstract of the Letters Patents dated the 28th of May in the 10th Year of Q. ELIZABETH Incorporating for ever the Society of the MINES ROYAL 1. REciting the Letters Patents granted to Tho. Thurland and Daniel Houghsetter dated 10 Oct. b. in the 6th Year of Her Reign c. 2. Grants Power to assign to any Person or Persons Parts and Portions of their said Privileges Immunities c and ratifies and confirms all Immunities Licenses Privileges formerly to them granted 3. Grants the said License Immunities Privileges c. unto William Earl of Pembroke Robert Earl of Leicester James Lord Montjoy Sir William Cecill Knight Tho Thurland Daniel Houghsetter John Tamworth and Jo. Dudley Esquires Lionel Ducket Citizen and Alderman of London Benedict Spinola of London Merchant Jo. Loner Will. Winter Anthony Ducket Roger Wetherall Rich. Springham Jeffry Ducket Rich. Barnes Will Platten Tho. Smith Will. Birde Gent. Daniel Ulstet a German Matâ—hew Field George Needham and Edmund Thurland all the said Privileges c. and Incorporates them for ever and their Successors by the Name of The Governours Assistants and Commonalty for the Mines Royal and so to continue for ever 4. Enables them by that Name to purchase Lands Tenements c. and to alien set or let the same and to sue implead c. and to be sued c. in any Court before any Judge Spiritual or Temporal concerning any the Affairs belonging to the said Governours Assistants and Commonalty c. 5. Power to chuse one or two Governours one or two Deputy-governours and six or more Assistants 6. Ordains Lionel Ducket and Daniel Houghsetter the first Governours Anthony Ducket and Daniel Ulstet the first four Deputy governours Jo. Tamworth Tho. Thurland Benedict Spinola John Loner Will. Winter and Roger Wetherall the first Assistants untill the first Monday in May 1569 and thence if need be till others are chosen 7. Power to keep Courts to elect Officers to make By-laws Acts and Ordinances when and where they please within c. and to admit more Members English or Strangers c. and to revoke Rules Ordinances c. Every Member to have half a quarter of a 24th Part or a Gentleman of 40 Marks per Annuum in certain Counties a quarter part at least 8. To rule and govern Officers Ministers Workmen and Labourers according to the Ordinances c. and to remove Members and impose Fines to purchase Lands to elect one or two Officers who are called Serjeants to collect the Fines and to arrest Body and Goods 9. Their Precepts to be obeyed in Cities c. and all Officers indemnified for their obedience thereto 10. A Member having a Quarter part his Voice is as good as two Members of half Quarter parts and so of the rest greater Parts proportionably 11. All Mayors Sheriffs c. to be assisting CHAP. V. An Abstract of the Indenture of Covenants between the Queen and the Corporation BY Indenture dated the 16th day of June in the 10th year of Queen Elizabeth made between the Queen of the one part and the Corporation of the Mines Royal of the other part reciting the Indenture of Covenants of the 10th of October in the 6th year The Companie did covenant with the Queen to pay deliver observe perform fulfill and keep all Paiments Customs Subsidies Coinage Summes of monie Gold Silver Precious stones Pearls Copper Parts Portions Preemptions Covenants Grants Articles and Agreements in that Indenture specified on the Patentees behalf to be paid delivered reserved performed c. And that the Queen shall have all such Paiments Summes of monie Customs Subsidies Coinage Duties Gold Silver Precious stones Pearls Copper Parts Portions Preemptions c. which the Patentees had covenanted the Queen should have CHAP. VI. An Abstract of the Grant of the Mineral and Battery-works 17 Sept. 7 Eliz. 1. BY Letters Patents the Queen granted to William Humfrey and Christopher Shutz all manner of Ewres simple and pure or mixt and compound of the Metals of Gold Silver Copper and Quicksilver and all other Minerals and Treasures likely to be found in Earth or Ground in England Wales and the English Pale in Ireland and of Tin and Lead in such sort as by Law is or hath been used Copperice and Allom and the Mines in the last Patent excepted 2. Therein is granted Power to dig to build Houses not to dig under Houses nor in the Mines in the last Patent excepted without consent indifferent Persons to award a recompence none to use their Tools or Instruments or to dig for 21 Years Disturbers of Workmen to be committed for six Moneths without Bail or Mainprise to take up Necessaries for the Work as Wood Timber c. at reasonable rates and if the Queen be minded to work any Mines without the English Pale then William Humfrey and Christopher Shutz shall have like Privilege and Power as if the same had been granted 3. Free for the Queen to resume this Grant for Her proper use onely and not to grant it to other Persons their Charge Loss Expence and Interest to be allowed by six indifferent Citizens whereof two to be Aldermen to be equally chosen the Referrees to deliver a Certificate of the Charge to the Lord Treasurer who is to make paiment thereupon and if after Resumption the Queen shall decline the working then William Humfrey and Christopher Shutz their Heirs and Assigns to have the preference of Farming it c. 17 Sept. 7 Eliz. A Patent to the same Persons of the Callamine stone or Lapis Callaminaris within the same places and with like powers for the better Composition of the mixed Metal called Latten in reducing it to be soft and malleable for Wier and mollifying of Iron and Steel and drawing and forging them into Plates for Armour in all our Realm of England and Wales and within the English Fale in Ireland power to dig ut ante CHAP. VII The Abstract of the Indenture of Covenants between the Queen and William Humfrey and Christopher Shutz dat 17 Sept. 7 Eliz. concerning the Mineral and Battery-works 1. FIrst the Queen covenants that no other Persons shall dig of or for what is granted 2. William Humfrey and Christopher Shutz
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
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 â—â— 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
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