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truth_n work_n work_v workmanship_n 12 3 11.0211 5 false
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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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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
grieved good security for all the Ore got at the work in question till time and workmanship make the Truth appear But if the party who is to give security refuse to give such security then such of the Grand-jury or Twenty Four as appear and view as aforesaid shall by their Order under their hands appoint the Bar-master or his Deputy to seize and sequester all the Ore got at the work in question till workmanship do make the Truth appear to whom the Vein belongs and when either party does conceit that workmanship enough is made in it to make the Truth appear then either of them may procure the Grand-jury or Twenty Four to be summon'd again and such of them as appear being above twelve shall view the work in question if then by workmanship it may appear to whom the Ore and Vein belongs they may order it the same party to whom they conceive it due and if either party think he hath wrong thereby he may arrest and have his Trial for his Right or Title ART XXXVII We say that no person shall come to any workman that works his ground truly upon any colour or pretence to claim his ground to hinder his Work or to stop the Field but the first Workman shall only work and the Claimer arrest and take the Law and the Bar-master shall do him Law truly ART XXXVIII We say if any Vein or Rake go cross through another Rake or Vein he that comes to the Pee first shall have it and may work therein so far as he can reach with a Pick or Hack having a helve three quarters of a yard long so that he stand wholly within his own cheeks when he works such a Pee ART XXXIX We say that when two Veins go together parted with a Rither that it is scarce discernable whether it be two Veins or but one in this case so long as the Rither may be taken down by firing on the one side it is to be taken and reputed but for one Vein but in case the Rither be so thick that it cannot be taken by firing on the one side and the Veins go so asunder for half a Meer in length then they are serviceable to the Miner as two distinct Veins ART XL. We say that any Miner in an open Rake may kindle and light his Fire after four of the clock in the afternoon giving his Neighbour lawful warning thereof ART XLI We say if any Mines or other person do under-beat his Neighbours Meer and work out of his own Length into anothes man's Ground the party so grieved may procure two or more of the Grand-Jury or Twenty Four to view such a Trespass and order the party that hath done the wrong to give the party grieved full as much Ore as the value thereof as they conceive is gotten wrongfully without allowing any charge for getting the same and the party offending herein shall forfeit for every such Offence five shillings four pence which fine the Bar-master or his Steward shall have ART XLII We say that if any Miner or other person doth work and keep lawful possession of any Groove Shaft or Meer of ground according to the custom of the Mine If any person or persons by day or night cast in or fill up such Shaft Groove or Meer of ground however they shall be wrought every such person offending herein shall forfeit for every such offence ten pounds the one half to the Lord of the Field or Farmer and the other half to the Bar-master or Steward and shall pay the party so much as will make good the work again ART XLIII We say that if any person or persons shall at any time go to any Gentleman or other person and give sell or exchange any part or parts of a Groove or Meer of ground in variance for maintainance every person so offending shall thereby lose his Groove or Meer of ground or part thereof in variance and the Taker or Buyer shall forfeit ten pounds to the Lord of the Field or Farmer ART XLIV We say that if it happen that any Miner be killed or slain or damped upon the Mine within any Groove neither Escheater Coroner or any other Officer ought to meddle therewith but the Bar-master or his Deputy ART XLV We say that no person ought to bring any unlawful Weapon to the Mine and for every time so doing to forfeit 3 s. 4 d. to the Steward or Bar-master And if any make an Assault or Fray on the Mine every such person ought to forfeit for every such offence 40 s. and for every Bloud-shed against the Peace 5 s. the one half to the Lord of the Field or Farmer and the other half to the Bar-master or Steward ART XLVI We say that every man that hath a Wash-trough ought to have seven foorts about the same and if any person dig delve or shovle in the said Trough within the said space he shall forfeit for every such Offence 12 d. to the Steward Also we say that no person ought to dig delve or shovle near any man's Bing-place upon pain to forfeit 12 d. for every such Offence ART XLVII We say that no person or persons ought to cave upon any mans ground except the Owner be present on the ground on pain to forfeit the Ore they get to the Owners of such ground if they be taken And also six pence to the Lord of the Field or Farmer so oft as they shall be taken therewith Also no Purchaser ought to stop him or any Miner from any Wash-trough at any time on pain to forfeit for every such Offence 12 d. to the Lord of the Field or Farmer Also no Caver ought to purchase in any man's ground before eight of the clock in the morning nor after four in the afternoon on pain to forfeit for every such Offence 12 d. to the Lord of the Field or Farmer ART XLVIII We say that if any person or persons felloniously take away any Ore or other Materials from any Groove Shaft or Meer of ground Houses Coes or smilting Houses or elsewhere if it be under the value of 13 d. half peny the Bar-master or his Deputy shall punish the Offender in the Stocks or otherwise as is fit for such Offenders to be punished But if the Ore or other Materials be above 13 d. half peny we say 't is Felony ART XLIX We say that every Bar-master or his Deputy ought to have a pair of Stocks at some convenient place within his Division the same to be built at the charges of the Lord of the Field or Farmer by the benefit arising out of the Fines and such persons as swear curse or commit any other Misdemeanours on the Mine fit to be punished in the Stocks the Bar-master or his Deputy shall punish such Offenders any time under the space of twelve hours as the Offence shall require ART L. We say that no Miner ought to be fined or amerced by
Mine nor when the Miners come or go to the Barmoot-Court but the Bar-master or his Deputy only ART XXXIII We say if two several parties or more be Groove-fellows or Part-owners to one Groove or Meer of ground and one or more of the Part-owners will not keep company nor pay his or their proportional part or parts of all such Workmanship and other Charges and Expences as are necessary and conducing to such Groove or Grooves Meer or Meers of ground Thereupon the party grieved shall complain to the Bar-master or his Deputy who shall take with him two or more of the Grand-jury or Twenty Four and speak to the party or parties who neglect or refuse to pay Charges and keep Company as aforesaid and give him or them warning to come in within ten days to pay Charges and keep Company with their Part-owners and if after warning given the party or parties refuse to pay Charges or to come in and keep Company as aforesaid then the Bar-master or his Deputy and the Grand-jury or Twenty Four at their meeting next following unless some just cause be shewed to the contrary may order the party or parties that have refused and neglected to pay Charges and keep company that he or they shall come and pay Charges and keep Company with his or their Part-owners And such Order of the Grand-jury or Twenty Four is to be binding as though it was at Barmoot-Court ART XXXIV We say that when a Meer or Meers of ground are wrought under water and by reason thereof hath stood many years unwrought and the Owner or Owners of such Meer or Meers of Ground do not use some effectual means to get forth the water to recover the same and that the same might be wrought by the means of a Sough or Engine and that for the publick good but is yet neglected Thereupon any person or persons who are minded to disburse and lay forth money to recover such Works from water may at a great Barmoot-Court held at Wirksworth declare such their Intentions in writing to the Grand-Jury or Twenty Four and they shall take the same into serious consideration and if they know such works to have stood long by reason of water and no effectual means used to win the same and that the person or persons who desire to undertake to win the same by Soughs or otherwise to be able men and like to perfect such a work Thereupon the Grand-jury or Twenty Four shall appoint a day a month after at least for themselves and the party that undertakes and all the Owners of such works to meet at the place where such works are and this time of meeting shall be publisht by the Cryer in the great Barmoot-Court that all men may take notice thereof At such meeting the undertakers shall give the Grand-jury or Twenty four to understand by what means they intend to lay dry all such works and to get out the water for recovering the same and if the Grand-jury or Twenty Four thereupon conceive the way and means they propose is like and effectual to recover such works from water so that the publick may have advantage thereby the Grand-jury or Twenty Four shall acquaint the Owners of such works with the Intentions of the undertakers concerning the recovery of such works from water and the way and means they propose for the doing of it And any of the Owners of such works if they please may joyn with the undertakers paying their proportionable parts of the Charge of such Soughs or Engines as shall be made to recover the same according to their parts and injoy the benefit thereof And such of the Owners of such works as shall not by themselves or others by their authority appear at such meeting or then neglect or refuse to joyn and pay their proportionable part or parts of charges of such Soughs or Engines as shall be made and used for the recovery of such works from water as aforesaid Thereupon the Grand-jury or Twenty Four and Bar-master or his Deputy shall have power to disposess such Owner or Owners from their part or parts and to assign and deliver possession of such part or parts to the undertakers thereof as aforesaid withal ordering That the undertakers of such works shall give to the Owners that refuse and neglect as aforesaid such reasonable satisfaction as the Grand-jury or Twenty Four shall then think fit And if it happen in the carrying on of the business for the recovery of such Water-works that any difference arise betwixt the Undertakers and the Owners of such works or any of them so that the work is obstructed thereby then the Grand-jury or Twenty Four being called together shall have power to regulate all such difference whereby the work may be effectually accomplisht for publick good ART XXXV We say that when any man is possessed of a Groove or Meer of ground and hath found the Vein and works therein he ought to suffer his Neighbour who is the next Taker and shew him the best light and direction he can which way and upon what point the Vein goeth But in case any man be so refractory as to deny his Neighbour such a courtesie then he may procure three or more of the Grand-jury or Twenty Four to be summon'd and the Bar-master or his Deputy may put them into his Groove who hath the Vein in Work where they may by using of a Dial or some other Skill shew him that is the next Taker which way and upon what point the Vein goes so that he may know thereby where to fink his Shaft to find the Vein that the Field may be set forwards for the publick good provided always that such of the Grand-jury or Twenty Four as go into the Groove aforesaid shall not do any other act or thing or make any other discovery of such Groove save only to see which way and upon what point the Vein goes ART XXXVI We say that where any man is lawfully possessed of a Meer of ground for any Rake or Vein and works the same truly according to the custom of the Mine if any other man shall set Possessions at or near his Fore-field pretending for a Cross-vein or some other thing and by workmanship shall be ●●ongly suspected to work in the same Vein for which there is another in possession and truly works the same thereupon the party grieved may procure the Grand-jury or Twenty Four to be summon'd to appear at the place in question They or so many of them as appear being above twelve shall view the whole work and if thereupon they find by their best skill the Thing in all probability to be one and the same and yet for want of workmanship cannot then plainly appear then such of the Grand-jury or Twenty Four as appear and view as aforesaid shall give such their Opinions under their hands in writing withal ordering who they conceit works wrongfully forthwith to give the party