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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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in crimen Laesae Majestatis sed minoris Principis alterius non incurrit Falsans monetam auream Imperatoris cum ejus imagine comburendus est ejus bona confiscanda Non auream vel non cum imagine Imperatoris capite plectendus num 100. Tondens non cudens ultimo supplicio damnandus Si tonsa remaneat in suo justo valore non punitur Expendens falsam stannii vel plumbi incidit in poenam falsi aeris vero vel argenti in leviorem poenam Et poenam evadit si doceat unde habuerit Vel si habens sit bonae conditionis famae Vel si paucam monetam habeat Fundens monetam committit poenam falsi Falsans monetam reprobatam non incidit in poenam falsi Fabricans monetam sine licentia superioris licèt non falsam committit poenam falsi Hae aliae reperiuntur Leges amplificantur in Codicibus Juris Civilis viz. Digest l. 3. tit 4. leg 1. lib. 48. tit 19. leg 8. sect 4 5 6 7 8. Cod. l. 11. tit 6. leg 1 2 3 4 5 6 7. Instit lib. 2. tit 1. sect 39. diversis Authoribus diligentissimè scrutatis per Joannem Guidium Volateranum An Abstract of Sir JOHN DAVIES Report of Mixed Monies Queen Elizabeth for Paiment of Her Armie Royal for the suppression of the Rebellion of Tyrone coined in the Tower of London a great quantitie of Mixed Monies with the usual Stamp and Arms of the Crown and Inscription of the Royal Style and sends it over into Ireland with Proclamation dated 24 May 43 of Her Reign where by She declared the said Mixed Monie immediately after the Proclamation made to be Lawful and Currant Monie of the Realm of Ireland and commands that the said Monies shall be so accepted reputed and used by all Her Subjects and others having any Traffick within the said Realm and if any person shall refuse to receive the same according to the Denomination and Valuation viz. Shillings for Shillings c. they shall be punished as Contemners of Her Royal Prerogative and Commandment And to the intent the said Mixed Monies might pass more freely it was also declared by the said Proclamation that after the 10th day of June next all other former Currant Monies should be decried and annulled and esteemed as Bullion and not Currant Monie In April before the Proclamation one Brett of Drogheda a Merchant having bought certain Wares of one Gilbert of London became bound to the said Gilbert in 200 l. Conditioned for the paiment of 100 l. Currant and Lawful Monie of England at a certain day to come and at a certain place in Ireland which day happened to be after the said Proclamation At the day and place Brett tenders the 100 l. in the Mixed Monie Whether this Tender was sufficient to save the Forfeiture and whether the said Brett should be compelled to pay the said 100 l. in the other or better Monie was the Question at the Council Table upon the Petition of Brett And because this was a General Case and of great importance Sir George Carye being then Lord Deputie required the Chief Judges to consider of the Case and to return their Lesolution who upon consideration resolved the Tender of the said 100 l. in Mixed Monies was good to save the Forfeiture and that Brett should not be inforced after to pay any other Monie in discharge of the Debt but according to the rate and value at the time of the Tender And this their Resolution was certified to the Lord Deputie and entered in the Council Book wherein divers Points were resolved 1. That in everie Kingdom or Commonwealth there ought to be a certain Standard for Monie 2. That the King of England is to coin the Monie in His Dominions and none other without his License and if any shall presume to Coin 't is Treason against the Kings Parson by the Common Law 3. That the King by His Prerogative may make Monie of what matter and form he please and establish the Standard thereof and may change His Monie in Substance and Impression and enhaunse or abase the Value or decry and annul it and make it Bullion at His Pleasure 4. That the Mixed Monie having the Impression and Inscription of the Queen and being proclaimed Currant within the Kingdom of Ireland ought to be accepted for Sterling Monie 5. That although this Mixed Monie was made to be Currant within the Realm of Ireland onely yet it may be called Currant and Lawful Monie of England 6. That although at the time of the Contract and Obligation pure Monie of Gold and Silver was Currant yet the Mixed Monie being established before the Day of Paiment the Tender is good and the Obligee is bound to accept thereof or is without remedie of any other Paiment FINIS An EXPLANATION of several Words used in this History as an Essay to the larger Dictionary of Metallick and Chymical Words mentioned in the Preface A. ADit what see page 2. Adulterate adulterating Adulteration metaphorically used for the undue Mixtures of any thing which is prohibited by Law Agriculture tilling dressing or manuring Earth whereby it may be better adorned with varieties Alchimist Alchimy See Chemistry p. 4. 43. Alien a stranger or foreiner to alien alienate or fell to another or stranger from Alienus Amber Metallick or Electrum compounded of Gold and Silver vide Preface Architecture or the Art of building houses c. Arts Mechanical vide p. 30 31. Aspect beholding or viewing Aspect of Stars is when certain Planets and Signs in Heaven do behold each other and there are four such Aspects 1. Trine 2. Quartile 3. Sextile 4. Opposite Aspect viz. in Books of Astronomy B. Barmote vide Barr-master Barr-Master or Barmer and Burgh-Master Barrmoote and Burghmoote Moote here signifies a Court where the Matters in Controversie are decided and as Hallimoote is called from Guild-Hall where such Mootes are kept and Burgh-Moote from such Burgs Boroughs or Towns where Courts are kept so Barrmoote is only used for Miners where they appear at a Barre and he that gives the sentence as Superior is called the Barrmaster or Barmer or Ruler of that Barrmoote or Court for the Miners Barrmine such Mine as is adjudged at their Barmoote Bell-metall how made p. 4. Bellows such as blow the fire for melting Metals Blocks what see p. 4. we give pieces of wood the same name and they have an Analogie in respect of weight Boles or Bolestids are places where in ancient time before Smelting-Mills were invented the Miners did fine their lead Bone-ashes or bones burnt and then beaten small of which Tests are made vide Tests Botannists such as deal in Plants Brass how made see p. 4. The Latin word is Aes which is usually applied to Copper but improperly for Cuprum is Copper as a simple Metall and Aes brass a compound Metal of Copper and Lapis Calaminaris and this word Brass having no
Charges 01 10 00   03 11 00 Total Charges 16 11 10 If the said Tun of Metal be made either of Goginian Coomervin or the Darrein oar the same yields in Silver per Tun of Metal 14 00 00 One Tun of Lead the Waste being deducted as aforesaid is 12 00 00   26 00 00 The Charge in all is 16 11 10 Deducted out of 26 l. the clear profit of a Tun of Lead is 09 08 02 If the said Tun of Metal be made of the Oar of Coomsumblock it yields 20 l. per Tun in Silver       This is only to shew the manner of computing a Mine Royal by Art but some are of opinion that all Metals do contain Gold or Silver in them and that therefore all Veins of Metals do belong to the King But for the Readers satisfaction as to matter of Law in that point he is referred to the Second Part of this Treatise And thus having briefly described Mines Metals Minerals their places and definitions the next is to shew what Governours or Officers the Kings of England have from time to time deputed and what Directions and Powers have been granted for their better Regulation CHAP. IX Of the Antiquitie of the Mines Royal. THese Works in Wales with some other in Devonshire Somersetshire and Cornwall as far as Tradition can assure us were anciently wrought by the Romans By the Damonii in Devonshire and Cornwall by the Belgae in Somersetshire and by the Dimetae in Cardiganshire And Caesar in his Commentaries saith that one reason of his invading the Britans was because they assisted the Gauls with their Treasures with which their Countrie did abound And Cimboline Prince of the Trinobantes wherein Essex is included who had lived much at Rome in Augustus his time was seated at Walden in that Countie and did according to the Roman way coin Monie instead of Rings which might be from that Mine which was afterward discovered in Hen. IV. his time in that Countie as yet unknown to the Societie However 't is certain there were Mines which did supply former Ages and may be again used with very great advantage to this present Age. As for the Laws made by the Romans concerning Mines the most material of them are abridged and annexed in their genuine Language that others may make their own Interpretations Most of which Laws are agreeable to the Grants and Powers of our succeeding Kings onely as to the Condemning such Men and Women to the Mines who had committed some heinous Crime against the Laws of the Empire our Kings have been more merciful therein though that point were in this Age worthy of consideration in respect of the yearly multitudes of able ingenious persons that suffer death by the Laws whose Lives upon this Imployment might be very useful CHAP. X. Of the Powers granted by our Kings concerning the Mines EDWARD I. Anno 33. THe King for advancement of the Stannaries in Cornwall frees the Tinners from all pleas of the Natives touching the Court Cornwall and from answering before any Justices c. concerning the Stannaries save onely the Keeper of the Stannaries Pleas of Land Life and Member excepted neither are they to be kept from work but by the said Keeper and indemnifies them from Tolls c. gives them libertie to dig Tin and Turf any where in the said Countie and to turn Water-courses for their Works at pleasure Tinners with many other Privileges both to the Keeper and Tinners concerning weighing and selling their Tin CHAP. XI EDWARD III. KIng Eward III. by Indenture dated 11 July Anno 32. Rot. 4. grants unto John Ballanter and Walter Bolbolter all his Mines of Gold Silver and Copper in the Countie of Devon for two years with libertie to dig and search Devon except in Gardens yielding 20 marks the first year and the 5th part the second year and all other persons are excluded from digging there EDWARD III. Among the Remembrances of the Exchequer Slop the King to John Jugg and Henry of Wisbich Whereas We are informed that certain Mines of Lead mixt with Gold and Lead Oar are found in the Countie of Salop He wills that the Barons of the Exchequer and Treasurer may be certified of the manner of finding the said Mines Gold and lead Oar mixt and whether any hath been transported and by whom and impowers them to inquire upon oath and commands them to certifie His Treasurer and Barons thereof at c. so that further Order may be taken and to return the Inquisition c. Witness Our Treasurer 30 Octob. Anno 7. CHAP. XII RICHARD II. KIng Richard II. by his Letters Patents dated 11 Junii Devon Gold and Silver Anno 8. grants to Richard Wake Clerk his Mines of Gold and Silver in the Countie of Devon and libertie to dig paying damage to the Owners of the Grounds as well within Liberties as without for ten years paying a tenth part of the profit unto the Holy Church and to the Exchequer the nineth part and all other persons to be excluded prout ante RICHARD II. The King to Hugh of Burnell Salop. and our Sheriff of Salop Whereas We are informed by James Miner of a Mine of Copper and Silver in or near the Lordship or Priory of Wenlock whereout no little profit would accrue to Us if wrought by experienced Workmen We assign you to ordain the said James to work the same without any let he not doing any thing against the Laws of our Kingdom or demolishing any Houses or Gardens c. Witness the King at Westminster 4 Junii Anno 17. Regni Rot. 12. CHAP. XIII HENRY IV. KIng Henry IV. by his Letter of Mandamus Essex Gold dat 11. Maii Anno 2. Rot. 34. commands Walter Fitz-Walter upon Information of a Concealed Mine of Gold to apprehend all such persons as he in his judgment thinks fit that do conceal the said Mine and to bring them before the King and his Council there to receive what shall be thought fit to be ordered HENRY IV. The King to William Charleton Prior of Pilton Devon Holding Silver Whereas we have granted to Henry and John Darby the Lead Mines holding Silver in Com. Devon for ten years paying Us nine pounds of pure Silver yearly and to Us and others all other dues We make you Comptroller thereof and command your diligence therein during pleasure Dat. 9 Feb. Anno 7. Regni Rot. 20. CHAP. XIV HENRY VI. THe King by His Letters Patents England Gold and Silver dat 24 Feb. Anno 5. grants to John Duke of Bedford Regent of France and Protector of England all Mines of Gold and Silver within His Kingdom of England for 10 years paying the tenth part to the Holy Church to the King the 15th and to the Lord of the Soil the twentieth part to dig c. but not under Houses in Arable Land or Medow without Licence of the Lord of the Soil and to make
of Gold or Silver which is in the base Metals the King should have all the Mines of base Metals in the Realm and the Subject having Mines of base Metals in his own Lands they are of no effect for there is not according to the said Authors any such Mine either in this Kingdom or elsewhere which hath not some Gold or Silver in it And therefore it seemeth reasonable to consider the nature of a poor Mine and the value of the Gold and Silver in the base Metal and that the Product be of such value that it countervail the charge of getting it or otherwise there is no reason that it should draw the Propertie of the base Metal to the Crown but if otherwise then it is to be a Mine Royal. CHAP. IV. An Abstract of the Letters Patents dated the 28th of May in the 10th Year of Q. ELIZABETH Incorporating for ever the Society of the MINES ROYAL 1. REciting the Letters Patents granted to Tho. Thurland and Daniel Houghsetter dated 10 Oct. b. in the 6th Year of Her Reign c. 2. Grants Power to assign to any Person or Persons Parts and Portions of their said Privileges Immunities c and ratifies and confirms all Immunities Licenses Privileges formerly to them granted 3. Grants the said License Immunities Privileges c. unto William Earl of Pembroke Robert Earl of Leicester James Lord Montjoy Sir William Cecill Knight Tho Thurland Daniel Houghsetter John Tamworth and Jo. Dudley Esquires Lionel Ducket Citizen and Alderman of London Benedict Spinola of London Merchant Jo. Loner Will. Winter Anthony Ducket Roger Wetherall Rich. Springham Jeffry Ducket Rich. Barnes Will Platten Tho. Smith Will. Birde Gent. Daniel Ulstet a German Mat●hew Field George Needham and Edmund Thurland all the said Privileges c. and Incorporates them for ever and their Successors by the Name of The Governours Assistants and Commonalty for the Mines Royal and so to continue for ever 4. Enables them by that Name to purchase Lands Tenements c. and to alien set or let the same and to sue implead c. and to be sued c. in any Court before any Judge Spiritual or Temporal concerning any the Affairs belonging to the said Governours Assistants and Commonalty c. 5. Power to chuse one or two Governours one or two Deputy-governours and six or more Assistants 6. Ordains Lionel Ducket and Daniel Houghsetter the first Governours Anthony Ducket and Daniel Ulstet the first four Deputy governours Jo. Tamworth Tho. Thurland Benedict Spinola John Loner Will. Winter and Roger Wetherall the first Assistants untill the first Monday in May 1569 and thence if need be till others are chosen 7. Power to keep Courts to elect Officers to make By-laws Acts and Ordinances when and where they please within c. and to admit more Members English or Strangers c. and to revoke Rules Ordinances c. Every Member to have half a quarter of a 24th Part or a Gentleman of 40 Marks per Annuum in certain Counties a quarter part at least 8. To rule and govern Officers Ministers Workmen and Labourers according to the Ordinances c. and to remove Members and impose Fines to purchase Lands to elect one or two Officers who are called Serjeants to collect the Fines and to arrest Body and Goods 9. Their Precepts to be obeyed in Cities c. and all Officers indemnified for their obedience thereto 10. A Member having a Quarter part his Voice is as good as two Members of half Quarter parts and so of the rest greater Parts proportionably 11. All Mayors Sheriffs c. to be assisting CHAP. V. An Abstract of the Indenture of Covenants between the Queen and the Corporation BY Indenture dated the 16th day of June in the 10th year of Queen Elizabeth made between the Queen of the one part and the Corporation of the Mines Royal of the other part reciting the Indenture of Covenants of the 10th of October in the 6th year The Companie did covenant with the Queen to pay deliver observe perform fulfill and keep all Paiments Customs Subsidies Coinage Summes of monie Gold Silver Precious stones Pearls Copper Parts Portions Preemptions Covenants Grants Articles and Agreements in that Indenture specified on the Patentees behalf to be paid delivered reserved performed c. And that the Queen shall have all such Paiments Summes of monie Customs Subsidies Coinage Duties Gold Silver Precious stones Pearls Copper Parts Portions Preemptions c. which the Patentees had covenanted the Queen should have CHAP. VI. An Abstract of the Grant of the Mineral and Battery-works 17 Sept. 7 Eliz. 1. BY Letters Patents the Queen granted to William Humfrey and Christopher Shutz all manner of Ewres simple and pure or mixt and compound of the Metals of Gold Silver Copper and Quicksilver and all other Minerals and Treasures likely to be found in Earth or Ground in England Wales and the English Pale in Ireland and of Tin and Lead in such sort as by Law is or hath been used Copperice and Allom and the Mines in the last Patent excepted 2. Therein is granted Power to dig to build Houses not to dig under Houses nor in the Mines in the last Patent excepted without consent indifferent Persons to award a recompence none to use their Tools or Instruments or to dig for 21 Years Disturbers of Workmen to be committed for six Moneths without Bail or Mainprise to take up Necessaries for the Work as Wood Timber c. at reasonable rates and if the Queen be minded to work any Mines without the English Pale then William Humfrey and Christopher Shutz shall have like Privilege and Power as if the same had been granted 3. Free for the Queen to resume this Grant for Her proper use onely and not to grant it to other Persons their Charge Loss Expence and Interest to be allowed by six indifferent Citizens whereof two to be Aldermen to be equally chosen the Referrees to deliver a Certificate of the Charge to the Lord Treasurer who is to make paiment thereupon and if after Resumption the Queen shall decline the working then William Humfrey and Christopher Shutz their Heirs and Assigns to have the preference of Farming it c. 17 Sept. 7 Eliz. A Patent to the same Persons of the Callamine stone or Lapis Callaminaris within the same places and with like powers for the better Composition of the mixed Metal called Latten in reducing it to be soft and malleable for Wier and mollifying of Iron and Steel and drawing and forging them into Plates for Armour in all our Realm of England and Wales and within the English Fale in Ireland power to dig ut ante CHAP. VII The Abstract of the Indenture of Covenants between the Queen and William Humfrey and Christopher Shutz dat 17 Sept. 7 Eliz. concerning the Mineral and Battery-works 1. FIrst the Queen covenants that no other Persons shall dig of or for what is granted 2. William Humfrey and Christopher Shutz