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A28210 An extract by Mr. Bushell of his late abridgment of the Lord chancellor Bacons philosophical theory in mineral prosecutions published for the satisfaction of his noble friends that importunately desired it. Bushell, Thomas, 1594-1674.; Bacon, Francis, 1561-1626. Atlantis. 1660 (1660) Wing B296A; ESTC R25904 70,608 109

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the German manner of working which though chargable yet certain having four several Addits which he continueth driving night and day into four several mountains his industry also hath outstript former times for by melting the poor fusible Ore with the Rich he produceth a third part more of Silver with the same charge and for accommodating the works with all materials fit for Mines-Royal he hath spared no cost about repairing the mils hath also built in his Majesties Castle of Aberystwith a fair Mint hath contracted with Merchants of our own and other Nations to supply the peoples necessity with Corn and other Provision and payeth the Miners and Carriers at the Scales and doubteth not to make them able Pyoners and fit Souldiers to do his Majesty and their Country service upon any assault of an enemy All which we commend to your Honourable consideration praying c. Your Lordships humbly to be commanded Joseph Hexsteter chief Steward of the Mines Samuel Reynish Water Barkesby Assay Masters of the Mint Humphrey Owen Clark of the Mines The Case of the Mine Royal judged to be by the most learned Lawyers under their hands ALthough the Gold or Silver contained in the base Metals of a Mine in the Land of a Subject be of less value than the baser Metall 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 belongs by Prerogative to the Crown Sir Ralph Whitefield his Majesties Serjeant at Law Sir Edward Herbert Attorney General Oliver St. John Solicitor General Orlando Bridegman the Princes Solicitor John Glanvil Serjeant Rich. Creswel Serjeant John Wilde Serjeant Rob. Holborn John Hern. Edward Bagshaw Thomas Lane Richard King Edmund Prideaux Esqs Jo. Maynard Edward Hide Iohn Glynne Charles Fulwood Harbottle Grimstone Iohn White George Peard Iohn Franklin Richard Weston Iohn Glover William Ellis Thomas Culpepper Iohn Goodwine William Sanford Iohn George Ia. Haward Esqs Chewton 28 of July 1658. WHereas we of the Mineral Grand Jury finding by a decretal Order of our Predecessors May 28. and their Letter May 2. in answer of Tho Bushell's Esq to incourage him to go on in his adventures for recovering the drowned works of Rowpits which were formerly the deserted works of Sir Bevis Bulmar in the time of Queen Elizabeths Reign And whereas many of the chief Adventurers in the said Rowpits do and have consented to surrender not only the one half of their works and Mines there but likewise the pre-emption of the other half paying as much as any other Merchant will give unto the said Tho Bushell and his Assigns when the said Tho Bushell doth make it appear unto the Mineral Court for the time being that by his and their workmanship they be freed from the inundation of their waters We of the Grand Jury do Order and confirm the said Decree And whereas we find the said Tho. Bushell hath in relation to his undertakings of recovering their waters brought it so near a probability of perfection that in time all persons of known Judgement cannot but conclude the same will be done for the general good of those that had formerly suffered by those Grooves and likewise a president for others to follow the like example as also the certainty of knowing the vast riches that lie in Rowpits and Green Oar And whereas we are informed by the said Tho. Bushell and others of several misdemeanors committed against him by turning floods into his swallow to choak and extirpate all his proceedings stealing of his tooles from his works depraving of his Person with scandalous language and making new pitches in Rowpits before him so soon as they saw the fore-field of Mr. Bushell's Drift from his Swallow had but a vein of ground Oare four foot wide and three fathom high to cherish his chargeable undertakings which uncivil actions of theirs were as we conceive contrary to all equity and good conscience and in a manner an Act of Tyranny in us that Mr. Bushel should drain our waters and we should suffer strangers to take the benefit of new pitches from his adventures to recover such drowned and forsaken works as the greatest Engineer hath deserted when all persons have the whole Hill of Mendyp to make their fortunes by such pitches as he allegeth and not to ●iscourage his desperate undertakings therein by such ●alicious practices and especially to such a person as Mr. Bushell that is sent by his Highness the Lord Protector to recover such drowned and deserted works for the publick good of the Nation with power to dig delve and search in the several grounds of all his Territories by Letters Patents paying double trespasse as well as in all vast Commons upon hopes from such experiments to ease in time the Taxes of the Subject and to give new birth to the drooping condition of a Miners posession We of the grand Jury of Chewton and other Workmasters and Miners for the reasons aforesaid and for preventing any just complaints to the Lord Paramount against out Lord Royal's Court of Chewton for such incivilities to the person which his Highness hath trusted in that affair do Order and make this Decree for the said Tho. Bushell's better incouragement That from the day of the date of the Order May 28 all such new pitches shall be void in Rowpits and Green Oar but such as the said Tho. Bushell shall approve and allow of and that all former works that have been wrought upon within these five years and sunk five fathom deep to stand good by consent provided that they keep them lawfull and sink them to the water when the said Thomas Bushell is come near them with his Drift of sixteen fathom deep by the approbation of this grand Jury that so the wilfulness of any malicious person might not hinder such a proceed to know the Meanders of those Mineral Rakes in their deeper search and the way to go to their recoveries for their own good as well as Mr. Bushell's reputation in the attempt of that great design And whereas the said Tho. Bushell doth aver that he never did intend to make it a Mine Royal by his Art and Skill to the prejudice of us our Laws and Liberties as it was reported unless it ●ere against the interest of some cross-grain'd scurrilous fellow that will not be governed by our own grand Jury but rather contest with his Highness right to Rowpits and bids defiance to Prerogative Power or are backt by a malicious faction that would hinder the growth of the Lord Chancellour Bacons Philosophy in recovering the same for the glory of the Nation these considerations and at our request to him upon the aforesaid agreement that he would shew his quondam Masters Philosophy for recovering Rowpits and Green Oar from their inundations of water which is well known to us to be rich
in the tre●sures of Ledd and to free other works of greater moment from their contagious damps that now lie deserted on purpose that the overplus of their revenew proceeding from such a deplorable condition and raised by the hand of Providence and Industry might go as Mr. Bushell did likewise aver upon the word of a Gentleman to charitable uses of discovering richer Metals exprest in his late Remonstrance to his Highness as well as by his late Will and Testament for the first fruits thereof to ledd the Tower and School in the Church of Wells Wee of the grand Jury do likewise make this Order and Decree That if any misdemeanor as aforesaid shall be proved to be done against the said Tho. Bushell his Agents Servants or works such are not only to be banished the occupation upon Mendyp but we do humbly implore his Highness to send them to the Mines of Iamaica that they may not infect others nor bring by their exorbitant courses more scandal upon the whole profession of a Miners innocent calling since we are satisfied in our consciences that the way of Mr. Bushell's Mineral proceedings will in this Age bring wonderfull things to pass and be admired in the next for the glory of the Nation And especially when as the said Tho. Bushell doth aver that he will transport all his rich Western Mines lying upon the Sea-side which are or shall be discovered in Wales Devon Cornwall and Ireland unto the Port or Haven at Up-hill to receive their true separations according to the Lord Chancellour Bacons Philosophy and so to be minted in the adjacent City of Wells for satisfying all returns as well as to pay the Miner with his own Coyn and without any further salary than in one place to pay the whole of that Commerce Io Radford Foreman of the Mineral Grand Jury there with his fellows Walter Webb Richard Frank. Richard Adams Iohn Phelps Thomas Younge William Dowgling Alexander Cuer William Hopkins Ionas Lexstond Iohn House Richard Ayrer To our Dread Sovereign Lord the KINGS most Excellent MAJESTIE May it please your Majestie WE do most humbly and thankfully acknowledge that your Majesties vouchsafing to this your Principality the trust of a branch of your Royal Mint is an honour that neither our Ancestors nor our selves durst wish for and we do as humbly and as thankfully acknowledge and confesse that by it you have not only honoured us more than any of your Royal predecessors but have thereby offered us the means to enrich our selves to the making of us happier than our Fathers in freeing us f●om the cares and fears that hindred us from diving into these Mountains that promise a masse of Treasure For be pleased to know that before your Majestie vouchsafed unto us this great favour we were fearfull to adventure far into the Mountains because we had far to send before we could make the Silver current that we should at charge recover Nor was our care of carriage and recarriage the least hinderance to our proceedings from all which by your Majesties goodnesse and the endeavours of your industrious and faithfull Servant Thomas Bushel we are happily freed for which favour we whose names are hereunto subscribed in the behalf of all the Inhabitants of this your Principality of WALES do render all humble and hearty thanks and for them and our selves do hereby promise to Your Sacred Majestie that we will do our utmost endeavours to find out that Treasure which we believe God and Nature from the Creation hath preserved for your Majesties use that thereby we may approve our selves your Majesties loyal and most Obedient Subjects and humble Servant Thomas Milward Knight Chief Justice of Chester Marmaduke LLoyd Knight Richard Price K. Baronet James Price Knight Sampson Eure Knight Iohn Lewis Knight Timothy Turner Esq L. Littleton Esq Walter LLoyd Esq Thomas Price Esq Robert Corbet Esq Evan Gwin Esq Morgan Herbert Esq John Vaughan Esq Vincent Corbet Esq Humfrey Green Esq Iohn LLoyd Esq David LLoyd ap Reighnald Esq Thomas Phillips Esq Iohn Edmund Esq Hugh LLoyd Gent. David Rees Gent. Iohn Bowen Gent. William Watkin Gent. Iohn Meredith Gent. Iames Kegitt Gent. Die Sabbati 14. Aug. 1641. WHereas this House hath been informed that Thomas Bushell Esquire undertaker of his Majesties Mines-Royal in the County of Cardigan by his great charge and industry in cutting Addits hath gained His Majesties old drowned and forsaken works or Tallybont and other works and made new discoveries of Royal-Mines there which are already very considerable And whereas divers persons of qual ty encouraged by his Majesties Letters to them directed do intend to adventure great sums of mony in the said works which in time if well incouraged may prove of great consequence both for Honour and Profit to His Majesty and the Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of credit that some persons ill-affected to these Honourable and Publick services who in time may receive deserved punishments have disturbed the possession of the said Tho. Bushell in some of his Majesties Mines-Royal and Edifices appertaining to the Royal-works and have plucked up divers plumps cast in the Rubbish drowned and so much as in them did lye destroyed the said work so as it hath been a labour of four years night and day to recover the same And that also the said Tho. Bushell hath been disturbed in the getting of Turf and Peat for the service of his Majesties works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those parts Now for the remedy of the said Mischiefs and that the said Tho. Bushell and his Assigns and such persons as are or shall be Undertakers and Adventurers with him in the said service may receive all due incouragement and assistance in those chargeable undertakings It is ordered by the Lords in the Upper House of Parliament now assembled That the Speaker of this House in the Name and by the Authority of the same shall direct His Letters unto the Iudges of Assize and Iustices of the Peace of the said County of Cardigan Requiring them that they do in all lawfull things endeavour to advance and encourage the said service in his Majesties Royal Mines and assist the said Tho. Bushell and other Undertakers in all things so far as lawfully they may both for the continuance of his lawfull Possessions and and the quiet and peaceable working of the said Mines untill he shall be evicted by due course of Law as also for getting and working of Turf and Peat according to his Legal right upon his Majesties Wastes and other places lawfull and all other lawfull accommodations of necessary passages and other Legal things which may any waies advance His Majesties service in the said Royal Mines JO. BROWN Cler. Parliament The Miners contemplative Prayer in his solitary Delves which is conceived requisite to
Johns and the Lord Say have vouchsafed to approve of it for a general good My Lord these sufferings in my Reputation Life and Fortune by this impr●sonment I was resolved to submit unto in a silent patience But some of my distressed friends fearing the deep wounds in my head from that unhappy Arrest might prove to be mortal have occasioned this my Adresse upon a confident hope that the Parliaments Wisdom will not deny a favor of such just concernment to your Lordships Merits and the Lord Viscount Sayes if their more weighty affairs can but permit them leasure to pry into that Politick Act of State whereby Garrisons were acquired for great sums and then it is conceived your Lordships care in securing Lundy Isle will redound to your greater Honour when they shall consider that much Piracy might have been committed in that place without controul which was surrendred through your Prudencies without any other condition than one person to be protected until the possession of his estate were restored to satisfie the just debts of Your Lordships most humble Servant Thomas Bushell April 18. 1659. His Majesties Answer to Mr. Bushel concerning the Surrender of Lundy BUSHEL WE have perused thy Letter in which We find thy care to answer the Trust We at first reposed in thee Now since the place is inconsiderable in it sel● and yet may be of g●eat advantage unto you in respect of your Mines We do hereby give you leave to use your discretion in it with this Caution That you take example by Our Selves and be not over-credulous of vain promises which hath made Us great only in Our Sufferings and will not discharge your Debts From Newcastle 14 July 1646. Mr. Bushels Articles upon his Surrender of the Isle of Lundy The Propositions Articles Conditions Ingagements and Agreements made concluded and assented unto the Tenth of September in the year 1647. between his Excellency Sir Thomas Fairfax Knight Lord General and the Lord Viscount Say and Seal of the one part and Thomas Bushel Esq Governour of the Isl●nd of Lundy for the Kings Majesty of the other part in perfuance of several Orders of the Committee of both Kingdoms and an Order or Ordinance of the Lords and Commons in Parliament as followeth FIrst It is agreed that the said Mr. Bushel shall Surrender and Deliver up the said Island unto the said Lord Say or unto such person as he shall appoint and all Ammunition and Magazin there And that in consideration thereof The Delinquency of the said Mr. Bushel shall be taken off and all Sequestration in respect thereof discharged and he the said Mr. Bushel shall be restored unto his Estate and such right as he or his Assigns had in the Mines of Devon Cornwal and Wales before these troubles and all the persons with him in the Island and not being persons of quality shall be pardoned of their Delinquency and suffered to live quietly at home not acting any thing contrary to the Authority of Parliament Secondly that Mr. Bushel shall be protected from Arrest until he obtain the possession of his said Estate THO. FAIRFAX The Lord Fairfax Letter to the Speaker of the Parliament Master Speaker I Cannot but be sensible of any thing that reflects on the Honour of the Parliament as on my self who for the●r service have granted Articles to several persons as importancy of affairs required and particularly to your Petitioner Mr. Bushel but of late there hath been some obstruction in due execution of them to the prejudice of such as cast themselves on your protection which Mr. Bushel more readily did in hope of performance of those Articles made upon his surrender of the Isle of Lundy with the Lord Say and my self on the behalf of the Parliament then concived most reasonable as his papers herewith do expresse therefore intreat at your first opportunity you would acquaint the Honorable House with the contents of my humble desires which is that they would make good Mr. Bushels Articles and be pleased to recompence his great sufferings with their timely assistance that he may be better enabled to satisfie his Creditors which he cannot do but by persute of such Mineral discoveries as Art and Experience hath taught him which will not only be their advantage in securing those debts but render him more capable of doing considerable service to the Common-wealth And in so just an Act you will preserve the Justice and Honour of the Parliament and his who hath ever been Your most humble Servant T. Fairfax Bath 29 July 1659 To the Right Honorable WILLIAM LENTHAL Speaker to the PARLIAMENT Right Honorable MY old Master the Lord Chancellor Bacon would often say That the magnificence of a Parliament consisted much in the presence of their Prince and that the reflection of his Royal Affection was as a foil to render them as Diamonds of greater value in their Countries service If those natural flaws of Self-interest were not frequently known to become a motive to make them forfeit their Trust and subvert their Obedience which invited that Lords observation to reflect upon such a Model of new Laws as no forc'd power should be able to take away the Regality of Soveraign Rights nor their Prerogative have a Medium to intrench upon the privilege of their Subjects and that his Philosophy should be the sole revenue to support the Magi of so magnificent a Machine without any other imposition on the people than its attendance upon Providence and to change the temper of loose and avaritious minds into Moral and Divine vertues But that Lord being commanded by King James to write the life of Henry the seventh and his great imployments in State affairs were the divertisements which retarded his inclination to that study and left only the Essay of his Mineral Philosophy to support his Solomons House described in his New Atlantis as a rest whereby the successe of his other experiments might be judged And now most Honored Sir you having re●eived the Lord Fairfax his Letter to the Parliament in answer of mine touching the making good my Articles as also to recompence my great sufferings hath made me so presume on your Lordship as to beseech you to patronize this publication of my proceedings and the rather for that I perceive by the weekly Occurrence Your Honor hath sent a Letter of thanks to the Lord Fairfax in the Name of the whole House for his late opportune service done to the Honorable Parliamenr which hath emboldned me the more to put your Honor in mind of a result of the said Lords Letter directed to your self and dated the 29 of July last lest the interpretation of your Honors Letter should be held in the Diary of a Complement when the Lord Fairfax his Letter is laid aside which concerns his and the Parliaments Honor to make good and because his Lordship did me the favor to send me a true Copy of what was writ I have made bold humbly to present you