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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

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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