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A54599 Fodinæ regales, or, The history, laws, and places of the chief mines and mineral works in England, Wales, and the English pale in Ireland as also of the mint and mony : with a clavis explaining some difficult words relating to mines, &c. / by Sir John Pettus, Knight. Pettus, John, Sir, 1613-1690. 1670 (1670) Wing P1908; ESTC R190 70,019 132

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them but if the Proprietor refuse to joyn in such Lease then the Lease to be to the Discoverer he Covenanting as followeth But if both shall refuse or forbear to work through disability or unskilfulness then the Corporation will reward the Discoverer according to the Nature of the Mine whether he be Proprietor or otherwise 3. If any Farmer or Possessor discover a Mine Royal which hath been wrought otherwise then as a Mine Royal he shall be proceeded with according to the second Rule 4. If any other person being neither Owner Possessor nor Farmer shall discover a Mine Royal in another mans ground he shall be proceeded with according to the second Rule 5. A Discoverer who shall be capable of a Lease in other Mens grounds is such a person as shall be the first who without fraud or Circumvention shall inform the Corporation of it 6. If any person shall undertake to work a Mine Royal that hath been long deserted by reason of water or other causes hindring the work the Owner refusing to work or joyne in the same such Undertaker shall have all reasonable encouragement from the Corporation by Lease or otherwise 7. The Term to be granted in any Lease not to exceed the Term of fourty and one years 8. The Lessee shall have power to dig c. in as full manner as is granted by the Charter Provided he dig not under any Castles Houses Gardens or Orchards without the Proprietors consent 9. The Grounds and Mines to be Leased shall not exceed one mile in Diameter which is to be measured from such a place as the Lessee shall fix upon and is to be described by the Town Village or Hamlet where it lieth or the scituation or peculiar name or distance from such remarkable place or places as Churches c. which description is to be Certified by some Justices of the Peace or the Minister of the Parish or both or by any of the sworn Officers of the Corporation or by such other way as the Corporation shall particularly direct in that case and in this allotment care to be taken that the said mile diameter do not extend or intrench upon any other Grant from the Corporation in which case the Corporation will not justifie the Lessees Incroachments but limit the Lease accordinglys 10. If the Lessee shall drive a Mine into another mans Propriety without the limit of that mile then upon that Lessees taking of a new Lease consideration shall be had of the Proprietor as the Company shall think fit it being not reasonable that he be admitted to the entire advantage of the second Rule 11. That the Fine to be paid upon every Lease granted be at least equal to a years rent reserved HEADS of the COVENANTS to be Contained in those Leases 1. For the Lessees paying the reserved rent at the time and place appointed by two equal portions 2. That the Lessee shall covenant to discharge all dues to the King and save the Company harmless and to give an Account to the Companie when required what metal he vendeth inward and outward and how the Kings dues are answered 3. Not to dig under any Castles Houses Gardens c. 4. The Lessee to Covenant immediatelie to set in hand proceed and continue the effectual working of the Mines and Mineral work demised 5. A Proviso that the Lessee may surrender his Lease after six months advertisement to the Company paying all Arrears 6. Damages for breaking ground to be referred to six indifferent persons according to the Patent 7. That every Lessee shall bring in all his Gold and Silver into the Kings Mint or otherwise forfeit the same or the value thereof 8. the Lessee to extract the Gold and Silver out of the base metal as long as it conteineth so much of both or either of them as will countervail the charge of extracting and the loss of the base mettal or else shall forfeit his Lease 9. The Lessee not to assign his Lease or make any Lease out of it without Licence from the Corporation 10. The Lessee at the end of the Term or other determination to deliver quiet possession without prejudice to the Mine 11. The Corporation to Covenant for quiet enjoyment against them and all others claiming under them CHAP. XVIII Extracts out of CAMBDENS BRITANNIA concerning the Tin Mines in Cornwall THe Inland Parts have rich and plenteous Mines of Tin Tin for there is digged out of them wonderful store of Tin yielding exceeding much profit and commodity whereof are made Houshold Pewter Vessels which are used throughout many parts of Europe in service of the Table and for their glittering Brightness compared unto Silver Plate The Inhabitants do discover these Mines by certain Tin stones lying on the face of the Ground which they call SHADD being somewhat smooth and round Of these Mines or Tin Works there are two kinds the one they call Lode Works the other Steam-Works this lieth in lower Grounds when by Trenching they follow the Veins of Tin and turn aside now and then the Streams of Water coming in their way that other is in higher places whenas upon the Hills they dig very deep Pits which they call Shafts and do undermine in working both ways there is seen wonderful Wit and Skill as well in dreining Waters aside and reducing them into one Stream as also in the underbuilding pinning and propping up their Pits To pass over with filence their devises of Breaking Stamping Drying Crusing Washing Melting and Fining the Metal then which there cannot be more Cunning shewed There are also two sorts of Tin Black Tin which is Tin Oar broken and washed but not yet founded into Metal and White Tin which is moulten into Metal and that is either soft Tin which is best Merchantable or hard Tin which is less Merchantable That the Ancient Britains practised these Tyn-works for Pliny reports Lib. 6. c. 8 9. That the Britans fetched Tyn out of the Island Ieta in Wicker boats covered and stickt about with Lether And Diodorus Siculus writes that the Britains who inhabited these parts digged Tyn out of stonie ground and at a Low-water carried the same in Carts to certain Islands adjoining from whence Merchants transported it by ships into Gaule and from thence conveied the same upon horses within 30 daies unto the Spring-head of the River Eridanus Po. or else to the City Narbone as it were to a Mart. Ethicus also insinuateth the very same and saith that he delivered Rules and Precepts to these Tyn workers But it seems that the English Saxons neglected it altogether After the coming in of the Normans the Earles of Cornwall gathered great riches out of these Mines especiallie Richard brother to King Hen. 3. and no marvel since in those daies Europe had Tynn from no other place for the Incursions of the Moors had stopped up the Tyn Mines of Spain And as for the Tyn veins in Germany which are in Misnia and Bohemia they
ye therefore c. the King ratifies and confirms all the former Grants Powers Immunities Privileges Profits c. And also for the better Advancement of the said Works grants to the last recited Persons that they shall be for ever one Body Politick and Corporate in it self in Deed and Name by the Name of The Governoure Assistants and Society of the City of London of and for the Mineral and Battery-works to have Succession for ever and liberty to have a Common Seal 5. License to purchase any parts and portions of the Immunities Privileges and Profits c. and also to purchase Lands Tenements c. by that Name and so to alien and sell the same and so to sue implead c. and to be sued impleaded c. in any our Courts before any our Judges Spiritual or Temporal c. touching the Affairs of the said Corporation 6. Power to ordain two Governours two or more Deputies and 8 or more Assistants and makes William Earl of Pembroke and Robert Lord Cecill the first Governours Francis Barty sen and Thomas Caesar the first Deputies and Arnold Oldisworth Christopher Toldervy Charles Chewt William Bond sen Henry Palmer Richard Dunford Richard Marten jun. and Nathanael Marten the first Assistants untill the first Thursday in December next c. and from thence untill new ones shall be chosen 7. Liberty to assemble and meet together for the keeping of Courts and ordering their Affairs and for Elections of Governours c. yearly and for making Laws Rules and Ordinances for the good Government of the Society for the admitting of Members and for the Dismembering and the same Laws c. also to change or revoke 8. Indemnity to every Officer Minister Workman and Labourer from all injuries c. To admit Aliens and Strangers and to administer an Oath to give Copies of their Admittance under their Common Seal and enter the same in their Register-book and to do speedy justice to all 9. Liberty to purchase Lands c. not holden of the King In Capite or in Chief not exceeding 100 l. per Ann. over and above c. 10. Power to impose Fines Penalties Imprisonments upon any Member Officer c. for any Offence touching the said Society and in case of Non-payment to sue for the same in any Our Courts of Record 11. Power to ordain one or more Officer or Officers to be styled Serjeant of the City of London for the Mineral and Battery-works who shall have power to receive and gather the Fines c. and for Non-paiment to arrest both Body and Goods except in Cities c. where the Governours Precept is to be obeyed by the Mayor c. and they are to be indemnified for acting therein And all Mayors Sheriffs c. are to be aiding and assisting to the said Society 12. Powers and Enlargements of some Defects in the former Patents concerning the Callamine stone and all sorts of Battery-wares Cast work and all sorts of Wier As for the digging and working of all sorts of Oars of Gold Silver Copper Quicksilver Tin and Lead and for conveying of Water and to erect Houses for the Melting c. not to dig in Orchards c. without License And shall give reasonable satisfaction for Damage as shall be agreed or else to be referred and if they disagree then to be determined at the Council Table 13. All Persons except the said Society and their Lessees c. prohibited to use the Callamine stone or to attempt to dig for the same or to melt or make into Wier c. or to dig for any Oars or use any their Tools or Instruments without Licence 14. All Persons commanded not to hinder or disturb the Works of the said Society or any their Workmen or Labourers upon penalty of 100 l. for every Offence the one Moyety to the King the other to Society and such other punishment by Imprisonment c. as shall be thought fit 15. Power to the said Society and their Assigns c. to take up at reasonable wages and price Artificers and Workmen Instruments c. and to buy Wood for Coals and Timber onely for the finding and melting the said Callamine stone or the digging of or melting c. of any the said Oars and Minerals c. or for conveying of Waters Except prout c. 16. Power at the Kings pleasure to search in other parts of Ireland without the English Pale with like Profits c. 17. And the said Letters Patents made to Thomas Thurland and Daniel Houghsetter and the other made to Cornelius Devoz as aforesaid shall remain and continue still in force And that these Our letters Patents shall remain and continue inviolable c. 18. Provided that if the King shall at any time be minded to resume the Powers c. hereby granted then he shall detain the same to His Own use but not to let to any others so as the Governours c. be first paid all their Charges c. as shall be adjudged by 6 persons Citizens of London whereof 2 to be Aldermen c. and upon their Certificate the Lord Treasurer to make present pay without further order 19. And if the King after His resumption shall be minded to grant the same again then the Society to be preferred c. 20. A Precept to all Justices Barons c. that the said Society c. shall have the benefit of these Presents from the said 17th of September in the 7th Year of Queen Elizabeth And that they do not suffer any Action or Information against the said Society c. touching any thing herein contained CHAP. XII The Abstract of a Proclamation against Importation of Iron Wier dated 7 Maii An. 6. CAR. I. 1. WHereas Iron Wier is a Manufacture here and by that Trade many thousands were maintained c. 2. And whereas Our English Wier is of better use then any Forein Wier especially for making Cards for Wooll c. as by several Certificates c. And whereas sundry Complaints have been made c. Therefore 3. Well-weighing the danger and prejudice and finding that sundry good Laws and Statutes have been formerly made against Importation thereof By the advice of the Privy Council We do streightly charge and command all Persons from attempting to import into England or Ireland c. any Forein Wier or Cards made of Forein Wier c. upon pain of Forfeiture c. 4. Commanding that which shall be forfeited be carried to the several Custom-house where they are seised without selling or compounding c. upon pain c. 5. Commanding all Officers attending our Customs to forbear to make Entries or Compositions for any the same Forein Wier c. but to seize the same as forfeited to the Uses hereafter specified c. 6. And whereas there hath been one evil use in buying old Cards and trimming them up and selling them for new ones to the prejudice of the Cloth trade therefore commands all
Eyes Iron and Steel for the Spleen and Hypocondriacks As for Quick silver Sulphur and Salt they are the Arcana Chemica and so are Vitriol and Antimony producing Medicines scarce credible to any but Experience The others do service to the Diers and the Painters and some of them to the Female sex as Ceruse Vermilion c. giving them Tinctures or Washes of Beauty And from the precious Stones they have other imbellishments In short From these Metals and Minerals digged out of the Subterranean world may be studied the greatest part of NATURE all Arts imployed Labours encouraged and the chiefest Sciences demonstrated CHAP. VI. The Counties and Shires in England and Wales where these are found THese Metals and Minerals are mostly produced from the Hilly and Mountainous parts of England and Wales For Norfolk Suffolk Cambridgeshire Essex Isle of Ely and other flat and almost level Countries or places do not afford them nor are apt to breed them or if they did yet it would not quit cost to dig for them because the charge of exhausting the water by pumps which must inevitably be would prove greater then any expectable gains whereas in mountains and hilly places the Waters and Oars may be carried off by Adits which though made with hard labour yet with less charge and more certaintie The best Tin Mines yet known are in Cornwall and Pembrokeshire Copper Mines containing some Gold and Silver are in Cornwall Tin Copper Gold and Silver Devonshire Somersetshire Gloucestershire Derbyshire Shropshire Cheshire Northumberland Cumberland Pembrokeshire and we doubt not of good in Kent The best Lead oar containing Silver are in Devonshire Lead and Silver Gloucestershire Worcestershire Staffordshire Leicestershire Cheshire Derbyshire Lancashire Cumberland Northumberland York shire Bishoprick of Durham Flintshire Denbyshire Shropshire Carnarvanshire Merioneth Montgomery Caermarthen Brecknock Monmouth Buckinghamshire Dorsetshire and in the time of Henry the Fourth one in Essex Iron oar is plentiful in Cornwall Shropshire Iron Staffordshire Gloncestershire and Sussex c. Cadmian oar or Lapis Calaminaris in Gloucestershire Cadmian Somersetshire Cornwall and Nottinghamshire Quicksilver is found in many Veins where the Lead lies and in these places are also found the Minerals before-mentioned Quick silver Allom more particularly is found in Yorkshire and Pembrokeshire Allom. Note that Allom digg'd is accounted a Metal but Allom made of water not so Copperice is in the Copper Mines Copperice Copperice stones are thrown up by the Sea between Quinborough and Gillingham in Kent Copperice stones c. Sanderick Cinoper Stibium Sanderick Cinoper Stibium Antimony Black Lead Red Oker Yellow Oker Antimony and Black Lead are in most of those places where Lead is discovered but the best Black Lead particularly in Cumberland Red Oker in Warwickshire Sussex and Somersetshire Yellow Oker in Oxfordshire c. White Lead and Red Lead are made of common Lead and Potters Lead is made by art from common Lead oar White Lead Red Lead Potters Lead Salt Salts in Cheshire and Worcestershire in Stones and Springs and some is made by art from Salt water on the Sea-coasts and at Exmouth in Devonshire and in other marbly Shores at a low water it shew it self upon the Sand for many miles by calefaction of the Sun The Parishes and Villages where the Mines lie not are under the Societies care and here omitted being entered upon continued Discoveries in their Leiger books OF THE IRISH MINES As for those Mines within the English Pale of Ireland granted to the Society by Queen Elizabeth it is fit that the Circuit of that Pale should be known before the particular places of these Mines be set down The Irish do acknowledge that the English Pale is all the Countie of Dublin Kildare Carlough alias Caterlough in the Province of Lemister and all the Province of Meth as it is divided into three parts viz. East Meth West Meth and Long ford and this Circuit is called the English Pale because those Territories were always inhabited by the English nor could they be dispossessed notwithstanding the often incursions of the Irish so that their safe guarding of that Circuit of ground from the Irish was as it were a Pale to the English and therefore called the English Pale But when the Society shall think it useful to make a further inquirie into the Latitude of their Grant from the Crown th●y will find all Demister Ulster and part of Munster to be also included but in so much ground as is confessed by the 〈◊〉 to be within the Pale and anciently appertaining ●o the English there are store of Le●d Mines affording good quantitie of Silver also Copper Mines and Iron Mines and other Metals and Minerals which may prove a reward to Industrie and to the further Inquiries of the Society CHAP. VII The usual Definition of the Poor Mines and Rich Mines or Mines Royal. WHere the Oar which is digged from any Mine doth not yield according to the Rules of Art Poor Mine so much Gold or Silver as that the value thereof doth exceed the charge of Refining and loss of the baser Metal wherein it is contained or from whence it is extracted then it is called poor Oar or a poor Mine On the contrary Mine Royal. where the Oar digged from any Mine doth yield according to the Rules of Art so much Gold or Silver as that the value thereof exceed the charges of Refining and loss of the baser Metal in which it is contained and from whence it is extracted then it is called rich Oar or a Mine Royal 't is appertaining to the KING by his Prerogative And herein consists the skill and honestie of the Refiner for some have made very great Products from that very Oar from which less skilful Essayers could extract nothing CHAP. VIII The way of Computing this by the Art of Extraction   l. s. d. TWo Tun and a quarter of Oar make a Tun of Metal at a medium rate 3 l. 10 s. which is 07 17 06 Carriage to the Mills at 6 s. 8 d. per Tun 00 15 00 Sives Tubs and Oar bags at 2 s. is 00 04 00 So that the Charge of the Oar deducted at the Mills which makes a Tun Metal costs 08 17 02 Charge of Smelting per Tun.       2 doz White Coal at 8 s. per doz 00 16 00 5 barrels Black Coal at 2 s. per bar 00 10 00 Smelting wages per Tun 00 15 04 Stamping and washing Slags per Tun 00 05 00 Smiths work per Tun 00 02 04 Rents and Repairs of the Mills Carpenters work Carriages to the Waters side Clerks attendance at the Mills and incident Charges per Tun 01 15 00 Charge of Refining per Tun 13 00 10 300. of Lead wasted in Refining and Reducing at 12 s. per Cent. 01 16 00 Refiners wages per Tun 00 05 00 Black coal Charcoal Turf Bone-ashes Carpenter and Smiths work and other incident
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 ●● 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