Selected quad for the lemma: truth_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	cause_n	part_n	pawn_n	24	3	16.0650	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44598	The compleat miner: or A collection of the laws, liberties, ancient customs, rules, orders, articles and privileges of the several mines and miners in the counties of Derby, Gloucester and Somerset together with the art of dialling, and levelling groves, and with an explication of the terms of art used in this book.	Houghton, Thomas, Gent.	1688 (1688)	Wing H2926; ESTC R215379	33,034	131

the Steward of the Barmoot-Court for his not appearing there unless he have lawful warning But if lawful warning and summons be given and the Miner fail to come and appear according to custom the first time is 2 d. and so at every Court if occasion ensue is double the same till it come to 5 s. 4 d. whereof 5 s. is due to the Lord of the Field or Farmer and 4 d. to the Steward And in case twenty four Miners be summon'd on a Jury for a Trial betwixt party and party to appear at the Barmoot-Court if there appear not 12 of them whereby to have a full Jury then all such as fail in appearing herein shall be fined as the Bar-master or Steward pleases in any sum not exceeding 10 s. provided always the have lawful summons and be able of Body to come ART LI. We say that if any Groove Shaft or Meer of ground be in controversie and the Grand-jury or Twenty Four be called to view that Shaft or Meer of ground or to do or perform any other duty concerning the same and thereupon make an Order and give their opinions under their hands in writing concerning such Groove Shaft or Meers of ground in controversie then such Order or Opinion as the Grand-jury or Twenty Four or part of them make being above four may and ought to be produced in the Barmoot Court at the Trial and there openly read and shewed to the Jury that they may take notice thereof as they think fit ART LII We say that if the Grand-jury or Twenty Four for the Mine or part of them be by the Bar-master or his Deputy called to view any Work within ground or to do or perform any other Office or Duty concerning these or any other Articles for the custom of the Mine if any person or persons resist or hinder them therein every one so offending shall forfeit for very such Offence 5 l. the one half to the Lord of the Field or Farmer and the other half to the Bar-master or Steward And if any resist the Bar-master or his Deputy he may if need be call any Miners to assist him and the Grand-jury or Twenty Four or part of them And if any Miner neglect or refuse herein he shall forfeit for every such 5 s. to the Lord of the Field or Farmer ART LIII We say that the Bar-master or his Deputy or the Steward ought to levy and collect all Fines and Forfeitures due by custom of the Mine and where any person hath not Ore to discharge the same nor is not otherways able or willing to pay such Fines and Forfeitures then the Bar-master or his Deputy shall for every such Offence punish every such person in the Stocks to sit there twelve hours pining with a paper on his Back shewing for what Offence he sits there But in case the Bar-master or his Deputy or the Steward do not henceforth levy and collect all Fines and Forfeitures due by the custom of the Mine nor punish such Offenders in the Stocks as are fit to be punished they shall forfeit for every such neglect 5 s. to the Lord of the Field or Farmer ART LIV. We say if any Miner or Miners or any other person or persons be possessed of a Meer or Meers of ground or part or parts thereof and work it truly according to the custom of the Mine if there be any person or persons that shall or will make Claim or Title to the same or any part thereof that he or they shall come and make their Claims either by themselves or by some Agent employed by them before the Bar-master or his Deputy and within six months after the same shall be in workmanship and if denyed of what he or they shall claim he or they must arrest within fourteen days after the said claim and denial or else his or their Title shall be deemed unlawful and to have no plea for it in the Barmoot-Court ART LV. We say whereas we find by daily experience that great abuses and many inconveniencies do arise by persons taking part on both sides and only putting in their Pawns and will neither maintain with Plaintiff nor Defendant of their necessary Charges and they so refusing to pay poor men are many times utterly undone and overthrown Whereupon we order and agree that where a●y controversie shall happen about any Groove or Grooves Meer or Meers of ground in question where such suit ariseth if any person or persons claim any particular part or parts of a Meer of ground in question where such suits ariseth if any person or persons make claim on both sides and would only defend his or their part or parts by putting in his or their part or parts of Pawns on both sides We say that it shall not be sufficient for any person or persons to defend his or their part or parts by such means only but he or they must either take to the Plaintiff or Defendant to defend his or their part or parts according to the custom of the Mine that is to say he shall pay his or their part or parts of Charges as shall be needful to make the Truth appear in trying of the Cause or Causes as well as putting in their part or parts of the 4 s. 6 d. for the Pawn or Pawns and Charges being lawfully demanded of such before the Bar-master of the Liberty and one or more of the Grand-jury or Twenty Four if the party or parties of whom expences in such Suits and Tryals is demanded as aforesaid do not pay the same charge within four days after it is lawfully demanded then such party or parties refusing or neglecting to pay the same after such demands shall forfeit his or their part or parts to the parties grieved to be equally divided amongst them according to their proportionable parts ART LVI We do order and say that if any person that works for wages at any Groove or Grooves Shaft or Shafts Meer or Meers of ground within the said Soak and Wapentake and shall have his or their wages wrongfully detained or with-held from him or them by the Owner or Owners Servant or Agents at any of the said Grooves Shaft or Shafts Meer or Meers of ground that then if such person or persons from whom such wages shall be due or from his or their Servants or Agents imploy'd to mannage their Mines do not well and truly pay such wages as shall be due to any Workman or Servant within ten days after an account given and demand made of such person or persons Servant or Agents that then in such case the Workman or Servant who shall be behind in arrear and unpaid as aforesaid may arrest where such work was done or elsewhere within the said Soak and Wapentake his or their part or parts of Ore or other Materials where such person or persons Servant or Agent doth not pay as aforesaid are concerned or have any part or parts thereof and

person may lawfully take two of his Neighbours and deliver his Ore to whom he will so that the customary Duties be paid ART XIX We say that the Bar-master or his Deputy shall see that measure be indifferently made betwixt the Buyer and Seller and the Buyer not to touch the Dish or to put in his hand to make measure on pain to forfeit ten shillings ART XX. We say that after the Ore is so measured the Merchant Buyer or Miner that carries away the Ore doth pay to the Lord of the Field or Farmer Cope being six pence for every Load of Ore nine Dishes to the Load for the which Cope the Miners or Merchants have liberty to carry away the Ore and sell and dispose of it to whom they please to their best advantage without the disturbance of any man. ART XXI We say that if any person or persons will make any Claim or Title to any Grooves or Meers of ground Rake Vein or Ore he ought to arrest the same according to the custom of the Mine and the Defendant ought to be bound in a Bond with sufficient Sureties for him to the Pliantiff to answer at the next Barmoot-Court to such Actions as shall be brought against him by the Plaintiff upon the said Arrestment and after to yield so much Ore or the value thereof to the Plaintiff if the Defendant be cast by the Verdict of 12 men as shall be gotten at such Grooves or Meers of ground from the time of such Arrest till such Trial at the Barmoot-Court ART XXII We say that after any Arrest made the Bar-master or his Deputy upon request made ought to appoint a Court-Barmoot within ten days or as soon as he can conveniently And if the Plaintiff do not pursue his suit upon the Arrest he shall then lose six shillings eight pence to the Steward and a Non-suit shall pass against him And we say that a Non-suit is to be of the same effect and validity with a Verdict and every way to signisie as much and if the Defendant fail to make his defence a Verdict shall pass against him for his Default ART XXIII We say whosoever shall be condemned and cast by a Verdict of 12 men or otherwise if a Jury be summon'd and upon calling appear if the Plaintiff will not go on and follow his Suit he shall pay four shillings for 12 mens Dinners And Pawns shall be put in on both parts into the Bar-master or his Deputies hands at the time of the Arrest or within three days following ART XXIV We say that the Defendant ought to have six days time at least before any Court to prepare himself for his Defence and what Arrests are made within six days next before the Court the Defendant may if he please refuse to answer and not suffer any loss thereby and such arrests made within six days to be void unless both parties be willing to go on to Tryal ART XXV We say that the Bar-master or Steward ought yearly to keep two great Barmoot-Courts on the Mine one about Easter and the other about Michaelmas within fourteen days before or after the said times and every three weeks a Court if need be yearly If either Plaintiff or Defendant request a Court he is to keep one within ten days after such request or forfeit ten shillings ART XXVI We say if any Groove Shaft or Meer of ground be arrested all the Ore got or measured at such Groove Shaft or Meer of ground from the arrest to the tryal is liable to the Arrest And if the Verdict be found for the Plaintiff then the Defendant shall pay to him so much Ore or the value thereof as shall appear by Evidence was gotten or measured at such Groove Shaft or Meer of ground from the time of the Arrest till the Tryal And when the Bar-master or his Deputy makes such Arrest he ought to take good security for the Ore that is to be measured there or carried away to any other place ART XXVII We say that honest and able men ought to be summon'd for Jurors out of every Division within the Wapentake and to be summon'd as near the Court-day as may be and of every Division some to serve unless some just cause be shewed to the contrary ART XXVIII We say that able fit man if they be not Miners if they have parts and be maintainers of Mines and known by the Bar-master or his Deputy to understand well the custom of the Mine they ought to serve for Jurors especially in difficult and weighty matters and causes ART XXIX We say that one Verdict for wages due to Work-men shall fully conclude and determine And for the Title that ariseth by contract as by Gift Sale or Exchange or the like and also for right of Possession for Shafts or Meers of ground two of the first Verdicts for one party shall fully conclude the Title ART XXX We say that when a Verdict is gone for either party if he which hath lost will have another Tryal for the Title he ought to arrest within fourteen days next after the Court when the Verdict went against him or else that Verdict shall determine and fully exclude him from any further Claim unless that longer time for workmanship be absolutely necessary to discover the truth If so then the party grieved may within fourteen days cause four or more of the Grand-Jury or Twenty Four to view the work in question and what time they think fit for workmanship to discover the truth that they may allow giving such their doings under their hands in writing to the Bar-master or his Deputy of that Division And if it proves the allowed time be too short then the grieved party may again procure four or more of the Grand-jury or Twenty Four to view the work a second time and if they then find that workmanship hath been duly made and yet more time is requisite they may give longer time again in manner as aforesaid And then if the party grieved arrest not within ten days after that time is eepired that Verdict that went against him shall fully conclude and determine the Title ART XXXI We say that no person ought to sue for Mineral Debt Ore Grooves Trespasses in Grooves or grounds in variance but only in the Barmoot-Court and if any do the contrary they shall lose their Debt and Ore for which they are in controversie and shall pay the Charges in Law and lose all their Grooves or Meers of ground and parts thereof to the party grieved till upon just account he have satisfaction for all his Charges and Expences in and about such Suits to the Lord of the Field or Farmer Also such as sue out of the Barmoot-Court as aforesaid ought to have no Benefit nor Plea in Barmoot-Court ART XXXII We say no Officer ought for Trespass or Debt to execute or serve any Writ Warrant or Precept upon any Miner being at his work on the