Iron Making in the Olden Times Part 8

It alludes to the "court of the wod" at the speech before the Verderers; but more particularly to the debtor court at St. Briavel's castle or gate, and to the mine court, as regulated by the constable, clerk, and gaveller, with the miners' jury of twelve, twenty-four, or forty-eight, where all causes relating to the mines were to be alone heard. Three hands, or three witnesses, were required in evidence, and the oath was taken with a stick of holly held in the hand.

The miners of Mitcheldeane, Little Deane, and Ruer Deane are called "beneath the wood." It also appears that at Carlion, Newport, Barkley, Monmouth, and Tulluh, the manufacture of iron was carried on by "smiths,"

who were connected with smith holders living in the Forest, and supplying the ore.

For many ages the mining operations of the Forest and the action of the miners' court seem to have gone on so smoothly, and as a matter of course, that no notices regarding them occur in the doc.u.ments of those times.

With the Restoration, however, and the revival of the ancient rights of the crown, it was found necessary to resume the sessions of the court of mine law, under the presidency of Sir Baynham Throckmorton. Thus it first of all met again on the 16th November, 1663, and continued so to do, from time to time, for the ensuing Hundred years, pa.s.sing at different periods its seventeen "orders." These verdicts are chiefly remarkable for reducing the area of the miners rights to the Hundred of St. Briavel's, though they fail to say what const.i.tuted _free minership_ beyond the old definition given in the "Book of Dennis," viz., "beene borne and abiding within the castle of St. Brevill's and the bounds of the Forest as aforesaid." In 1834 the Government commissioners were informed that it involved birth from a free father, and working a year and a day in the mines. They are still a numerous and important fraternity, without whom no new mine works can be commenced.

[Picture: Effigy of a Forest Free Miner]

Their aspect when accoutered for work is given in the frontispiece. If compared with their mediaeval appearance, as displayed in the miners'

crest, the interval of four hundred years is scarcely discoverable.

Every mining appurtenance is retained, only somewhat altered in shape, and that, perhaps, not for the better, be it cap, "bellis," or general attire. Only the beard is absent, but then there are the shoes.

[Picture: Forest of Dean Iron Miners ready for work]

On several occasions they conferred their freedom on the leading gentry of the neighbourhood. By their orders they also sanctioned the sinking of _pits_, as distinguished from _levels_, extending the interval between mine and mine from "within so much s.p.a.ce that ye miner may stand and cast ridding and stones soe farr from him with a bale as the manner is," to five hundred yards. At the present time the deputy gaveller, Mr. T.

Forster Brown, is the resident official under the Commissioner in charge of Her Majesty's Woods, &c., and he, with his respected predecessor, have at all times most obligingly facilitated the author's inquiries by giving the desired information. It was during the deputy gavellership of the late Mr. John Atkinson at Coleford that the writer chanced to meet with the original transcript, here presented to the reader, of the "Book of Dennis." The first printing and publication of it took place in 1687, by William Cooper, at the Pelican, in Little Britain, and it has been frequently but imperfectly reprinted.

Finding on examination that the reign of the first of the Edwards, and not the third, was the period to which it a.s.signed the confirmation of the Forest of Dean Mine Laws, and that it contained many other inaccuracies, he determined to prepare, in accordance with the valued suggestion of Mr. Smirke, Judge of the Stannaries of Cornwall, a true copy of so ancient and curious a doc.u.ment.

From the note which is appended to it, the existing MS. is evidently the only authentic copy of the original "parchment roll," out of which it was transcribed by the gaveller, Richard Morse, A.D. 1673, of the penmanship of which period it is a good specimen.

It seems to be a presentment of the Court of Mine Law, duly signed by the jury of forty-eight free miners. Although its early date, and one or two forms of expression, may seem to indicate that it was first of all written in Latin, yet so many of its words and phrases, together with its concluding signatures, are so thoroughly old English, as to show that it was most probably composed in our own language. There are no paragraphs nor punctuations.

In character it is "sui generis," though it exhibits traces of resemblance to the laws and customs of the old mining districts of Somerset and Derbyshire, and even with those of Germany, as the accompanying notes show. The words between brackets do not occur in the original MS., having been inserted by modern printers. Those in italics give the corrections needed in modern copies.

THE MINERS LAWES AND PRIVILLEDGES.

_Bee itt in minde and_ [in] Remembrance what the Customes and [the]

Franchises _hath_ been that were graunted tyme out of Minde and after in tyme of the Excellent and Redoubted Prince King Edward {71a} [the Third]

_un_to ye Miners of the Forrest of Deane and the Castle of St Bridvills and the bounds of the said

Perambulations of the Mine.Forrest (That _is to say_) First {71b} betweene Chepstowe Bridge and Gloucester Bridge the halfe _deale_ of Newent Ross Ash Monmouth_s_ bridge and soe farr in_to_ the Seasoames as the Blast of a horne or the voice of a man may bee heard Soe that if any did Trespa.s.se Miners' power to sue trespa.s.sers.against the Franchises of the Min_ers_ [that is to say] that pa.s.s[ing] by boat {71c} Trowe Pinard {71d} or any other Vessell without gree {71e} made for the Customes due to the King and also to the _said_ Miners for the Myne {72a} then hee that pa.s.se_th_ _ought_ [pa.s.sed out] to come by the noyse of the horne or _the_ cry And if hee will not come again Then his Boate or Vessell and all his Cattell Forfeiture.within forth beene forfeit _un_to the King for the Forbadment {72b} broken the which is attachmet in the Franchises of the said Miners [and] Also {72c} that the said Their power to mine in any place.Myners may myne in any place that they will as well without the bounds as within without _the_ Forebodment of any man But if so [be]

_that_ a_ny_ Smith {72d} have a Smithman at Karleton {72e} Newport or at Barkley th_en such_ [which] Smithman is occupied {72f} in Smith _craft_ [work] and in Covenant with a Smith holder within the Covenant servant a fugitive.said Bounds Then the Smith holder [that is] within shall goe to the said Townes to prove his Covenant and after _his_ [the] proffe _he may_ [made] not have his Smithman Then ye Smith holder shall forbidd all the Myne that _ought_ [might] to be carryed of the said Strainger that occupied the said Smithman unto the tyme that hee answereth as right is Then the [said] Smith holder within shall not forbidd the Myne of no other [man] but only of him that occupieth [occupied] the said Smithman Also in the said manner if any Smithman bee in Monmouth or Trellich then the Smith holder _within_ shall come to St Briavell's Gate {73a} and there with three hands {73b} shall prove his Smithman and the prooffe made a precept shall bee delivered by the Constable to the Gaveller the which is Bayliffe of the said Myne to Gaveller is bayliffe of the mine.forbidd the Mine of him that occupieth the said Smithman till hee bee restored and only of him and [of] noe other Also {73c} the Miners have such libertyes and Franchises that for catelo {73d} to them due for their Myne that they beene Bayliffs to take the Cattle of their Miners and bayliffe may arrest cattle for their debts.debtors and to arrest them without _the_ leave of any man till gree bee made if hee bee within the bounds aforesaid And if the Debtor bee without the bounds in what place that hee bee Then the Miner shall forbidd all the Myne that ought to bee carryed to the place in wch the debtor bee abiding till Gree bee made to the Miner And after the forbodment if any carry [mine] to Forbode for debt due without the mine.the place aforesaid against the forbidd The Carrier shall be accountable and debtr to the Miner as the princ.i.p.all was And alsoe the beasts that carry the Myne shall be forfeit to the King for the forbodd broken _And_ [Also] if a Smith holder or any other bee debtor for _the_ Myne _un_to a Myner the wch Smith holder or other bee within Then the Myner is Bayliff in every place (Except his own close) to take the horse of the _said_ debtor if hee Distreyning a horse.bee saddled of a work saddle and of noe other saddle bee it that the horse bee halfe within the door of the Smith soe that the Myner may take the tayle of the horse The debtor shall deliver the horse to the Myner And {74a} if hee [so] doe not the Myner shall [make and] levy _and_ Hue and crye._make_ huy and cry agt the horse and then the horse shall bee forfeit to the King for the hue and cry made and levied And yet ye Miner shall present the debtor in the Mine Law _the_ wch is Court for the Myne And the_re_ the debtor before the Constable and his Clarke the Gaveller and the Miners and none other Folke to plead right _but_ onely the Miner_s_ shall bee there and hold a Holly sticks, &c.sticke of holly and then the said Myner demanding the debt shall putt his hand upon the [said] sticke and Swears his debt.none others with him and shall sweare _upon_ [by] {74b} his Faith that the said debt is to him due and the prove made the debtor in the same place shall pay the Myner all the debt proved or els hee shall be brought to the Castle of St. Briavell's till gree bee made and also hee Amers.e.m.e.nt.shall be amersed to the king in two shillings and the same manner Myner to Myner and Myner to all other folke Also if a Distresse bee taken in like manner _as_ aforesaid And the Debtor lett the distresse dye or bee impaired within ye Ward of the Myner for fraud or for malice and after the Myner shall distreyne and take Distresse.more distresse if any bee till Gree bee made And bee it that the distress dye or bee impaired within the ward of the Myne[r] the debtor shall not have right to implead the Miner neither noe right to grieve him for the Trespa.s.se done But at all tymes the Myner ha_ve_ [hath] right to take other distresse till gree be made Also for the Myne of an horse as is aforesayd the Miner Horse girth and halter.shall take the foregirth for three half-pence and for one penny the halter Also the Myner hath such franchises to enquire the Myne {74c} in every soyle of the Kings of which it may be named {75a} and also of all other Folke To dige in ye king's soyle or any other.without the with saying of any man and also if any bee that denyeth any soyle whatsoever hit bee bee hit sowed or noe or what degree hit may be named {75b} Then the Gaveller by the strength of the King shall deliver the soyle to the Myners with a convenient way next Wayes to ye pitte.stretching to the King's highway by the wch Myne may be carried to all places and waters that been convenient to the sayd Myne without withsaying of any man {75c} For the wch Soyle in [the] wch the myne is within found The Lord of the Soyle at the first time if hee will enter The lord of ye soyle, &c.into the said myne freely hee shall and shall have a dole {75d} without paying anything at his first coming and shall be the last man of the Fellowship, but moreover hee shall doe coste as the Fellowship doth And if after it please the Lord to voyde he may well and if after that hit please him to come againe he may well But hee shall make Gree for the coste done in the meantyme for his pte as the Fellowship can prove at the pitts mouth afterwards as another And _at_ all tymes the King's Man shall come in_to_ ye Myne without any King's man. Costs asking of him and shall bee the third {76a} better man of the Fellowship in mayntenance and in helping of the Myne and of the fellowship But the King's Man _nor_ [neither] the Lords man ought not to enter into the Myne till the pitt be gavelled (that is to say) for every dole _one_ [a] penny to the King at the first [time] and after if the Fellowship doe make a new [any other] Pitt gavelled.Dole after the First Gavelling without the King's Leave wherefore for every Dole soe delivered the King shall King's dutyhave another Dole of the wch Mine of every Miner travelling with the said mine the king shall have every weeke a penny if soe bee that the Myner _winn_ [wine] three Seames of Myne measured by the Standard _of the standard_ of the King[s] of old tyme used at the least and bee it the King shall have noe more _Also_ [And] the King shall have every Quarter of _a_ [the] year of every Miner travelling wth in the Myne at Seame of Mine the wch is Gaveller's duty in receiving ye king's customes.called Lawe oare {76b} And every weeke the Gaveller shall visitt the Tuesday the whole Mine or at [the] least within two weeks to receive the customes due to the King aforesaid And if not the Miner for the said tyme shall not bee accountable But if the Gavellr come in the quarter to visit the Mine as is aforesaid and find not the Miner at that tyme the Gaveller shall receive soe much of [the] Mine as [it] is due to the King without leave of any Also if the Gaveller come in due tyme to receive the Customes aforesaid and the Debtor will not at that time pay then the Gaveller shall forbode soe much of myne there as. .h.i.tt is due to the King by witnesse of the Miners and underneath hee shall putt a sticke of holly and after [if] the Miner carry the said Mine without gree made to the King then the Miner shall be amersed in twoe shillings and also [he] shall make Gree to the King for the Debt and if any such Mine bee forbad for Lawe Oare Then the Miner shall measure [out] soe much of the Mine that is due to the King to make Gree and the Remnant they shall carry at their own pleasure and that by the witnesse of another Miner and if hee _doth_ not hee shall have the pennance aforesaid And if the Gavellr come in due time to visitt the Mine (that is to say) Betweene Mattens and Ma.s.se {77} and finde not there the Miner at the end of twoe weekes (that is to say) the Tuesday in his working place as the manner is the Gavellr shall take him that as is due And if hee bee not there present or any other for him and at what tyme the Gaveller cometh to prove if the Miner been ready to pay the Customes aforesaid or noe and they deny Then the Gavellr by the strength of the King shall make the Miner sweare by his Faith And if the Miner bee found by his fellowship forsworne then the Miner shall be attaint A foresworne miner.against the King and shall never bee believed more agst any man and after if hee bee found with Mine within the Mine _in_ [with] his cloathes pertaining to the Mine every week he shall pay to the King _one_ [a]

penny And the Miners of _the_ beneath the wood (that Beneath the wood.is to say) Mitcheldeane Litele Deane and _River_deane [Riverdeane] every week the which the Miners travelleth in the Mine _hee_ [they] shal pay _unto_ the King Twelve charges of Mine by a certaine measure if they have soe much gotten by the weeke And the Gaviller shall pay the Miner there Twelve _pence_ [D] Alsoe the Constable shall bee attendant by the reason of his Constable to keepe courts on Tuesdayes.office for Two weeks (that is to say) the Tuesday to hold the Court [of the Mine] that is called Myne Lawe and there to heare and [to] trye the right of our Souverigne Lord the King and of Miners and of pty and pty if any bee And at ye same Mine Lawe shall not be Noe foreignr to be present.more sitting [but the Miners] wth the Constable but himself the Gavillr and the Castle Clarke and the Miners before being and noe others But if soe bee [that] any other _have_ [hath] to doe _with_ [in] the said Mine Lawe [he shall answer for himself] and _in the said Mine Lawe noe man shall plead neither mayntaine noe cause but onely the Miners_ _But if soe any bee attached to answer in the said Mine Lawe_ Pleading in no other court.he shall answer for himself and shall be judged by the Miners of all things touching the Mine and in noe other Court and _then_ hee that is found guilty Miner to Miner or any other man shall be amersed to the King in two shillings And bee it _if_ [that] any will plead with any Miner for a thing touching the Miner in any other Court before a Justice or any other Man whatsoever hee bee then the Constable by the strength of the King shall require and bring the plaint into the Mine Lawe and there hit shall be tryed by the Constable and the Miners and then the party guilty shall be amersed to Manner of tryall by jurys by 3 degrees.the King as [is]

aforesaid And if any plaint bee in the [said] Myne Lawe at the first day hit shall be put upon twelve Miners the wch shall give the prove the first day the Second day upon Fower and Twenty and ye third day upon eight and forty wch eight and forty shall give judgment the wch shall be affirmed firme and stable {78} wthout calling again for evermore And if any Miner Miner foresworne.bee found forsworne by his faith as. .h.i.t is aforesaid in the proofe against any Man in the Mine Lawe Miner or Miner or Miner against any other man and the said Eight and Forty have given for judgmt that hee is forsworne then the guilty shall be attaint against the King and shall have the pennance aforesaid and shall restore the other _of_ all his _loste_ [losses] in all points and never [shall] prove more Also {79a} every Miner in his last days and _at_ Miner may sell or bequeath his dole.all tymes may bequeath and give his Dole of the Mine to whom hee will as his own catele And if hee doe not _the_ [his] dole shall descend to his heire and if hee to whom the dole is soe bequeathed or given by Testamt eyther otherwise hath need to prove _his_ [the] dole in ye Mine Lawe he shall come there and show the Testamt _and_ [or] bring wth him twoe witnesses to testifie the Will of the Miner and then as right is hee shall bee delivered without any cost made or asked Also {79b} for the customs that ye Miners done to the King the Constable that is for the time shall deliver the Miners in six weeks at the speech that is the Court for the wood before the verderers by the woodwards that keepeth the place (that is to say) Sufficient of Tymber [and] to mayntayne the King's advantages Timber for ye pitts and manner of haveing it.and profitts as also for _the_ Salvaton of his Miners as they did in tyme out of mind without hurt or attachmt made of the King's Officers (that is to say) Free the Forrest unto the Miners And also bee it that ye Miner carry tymber from the woods into his place or _into_ [unto] any other the whych tymber is made and cut for the boothes for the Mine That for that _noe_ [none] attachment shall be made of any man And if the Constable will deliver noe tymber as aforesaid and the Miner _of_ [by]

his owne authority fetch tymber in ye Forrest for the Mine and carry hit to ye Mine and after that the [said] Timber bee in _the_ [their] place that is called Gavell place the wch is knowne by the old Custome Then is the tymber as their owne catele and none attachment shall be made for that Alsoe the Sea Cole Mine Sea cole.is as free in all points as the Oare Mine But if the fellowship Mine by ye weeke three charges the King shall have of every of the Fellowship a Penny Alsoe [that] noe Stranger of what degree soever hee bee but onely that beene borne and abideing within the Castle of St Brevills and the bounds of the Forrest as is aforesaid shall come wthin the Mine to see and A stranger not to pry.[to]

knowe ye privities of our Souvaigne Lord the King in his said Mine Also that noe Smith holder neither Myner neither _any_ [no] other shall make carriage of the said Myne _neither_ by cart _nor_ [neither] by waine but onely by the measure called Billeyes by ye wch the Custome of the King bee measured Soe that the Gaveller may knowe and _soe_ [see] that the King have right in every _pointe_ [place done] And if any such Measure.unreasonable measure shall be found then _the_ [every] Miner by the strength of the King is Bayliffe to arrest the Beaste and whereof the beaste shall be forfeit to the King and ye measure burnt And bee it that the Miners for duty or for wretchedness will such wrong suffer and alsoe ye Gavellr for his owne Lucre Then the Constable by ye reason of his office shall pursue by the strength of the King to take and to doe as is aforesaid Alsoe that noe Smith holder after he holdeth Smith or become partner to hold Smith hee shall not have none of the Franchises aforesaid within a year and a day Also by the Franchises aforesaid the Constable shall deliver _Tymber_ to the Miners [Timber] sufficient to make a Lodges for pitts.lodge upon their pitt to keepe and to save _the_ [a] pitt [and the mine] of the Kings and ye Miners And {80} Bounds of pitte.the pitt shall have such liberties and franchises that noe man shall come within so much s.p.a.ce that ye Miner may stand and cast [so far from him] ridding and stones _soe farr from him_ with a Bale as the manner is And shall have his marks apperteyning to his said pitt Also Marks.shall have a Bold place in the wch the Miner make and performe the tymber to build the said pitt And if any other come to travel and to work within the places aforesaid hee shall be forbode of the Fellowship of the pitt and if after hee come againe hee shall loose to the King two Shillings Alsoe ye pitt shall have a winde way {81a} soe farr from him as is aforesaid pertayning to the said pitt Also the Partie that is amersed in twoe shillings shall avoid the place by the Law of the Miners Also if a pitt bee made and _upon_ [be] adventure cometh another up[on] another way within the ground and drulleth {81b} to the said pitt at what tyme hee drulleth to ye said pitt he shall abide till the other Fellowship of the said pitt bee present at the wch tyme if the other Fellowship will not receive him he shall _re_turne again by the forbods and by the Lawe of the Mine But if he Drulling a pitt.drulleth to the said pitt in certaine Myne then the said Mine shall bee free to both parties _which hit_ [while is] dureth and afterwards [every] each one shall come agen to his owne place Saving to [every] each one ye place of others and after if one or the other doe hurt to ye other he shall restore again soe much to him if hee dig and make ye pitt fall he shall build it again and if hee distrouble the other _soe_ that he may not travaile to _win_ [wyne] his proffitt and the Customes of the King hee shall restore all the lost of the king and the Miner Alsoe if any bee wrongfully forbode by the Miner or by Wrong forbode.any other Then hee that is forbode shall come to ye pitt and shall bring wth him his Instruments pertaining to ye Mine with his light as another of ye Fellowshipp and the_re_ [then] hee shall abide so long as the fellowshipp and then by _the_ judgment of eight and forty he shall receive so much as any other of the Fellowship &c.

The miners' names.John Garron, Stephen Preest, John Clarke, Thomas Wytt, Thomas Norton, John Hathway, Thomas Michill, John Mitchill, John Smith, John Lambert, Nicholas Orle, John Barton, Richard Haynes, John Armiger, Walter Rogers, Richard Hathen, Walter Smith, William Miller, Thomas Cromhall, Walter Dau, [John Loofe, Roger Shin, Henry Norton, Thomas Forthey, Walter Waker,] Richard Timber, William Baker, Thomas With, John Baker, Phillip Dolewyer, John Adys, William Hynd, William Tallow, John Brute, John Mitchill, Richard Hopkins, Thomas Baster, John Laurence, Thomas Tyler, Walter Dolett, William Callowe, Richard Holt, Walter Warr, John Robert, Henry Doler, John Parsons, William Holder, Thomas Clarke.

{82}

Be it knowne to all men that shall see _or_ [and] heare this writing that the Inquest of fforty and eight Miners witnesses and confirmeth all the Laws comprized in ye said Roll for witnesse whereof they have put their Seales.

Written out of a parchmt roll now in ye hands of Richard Morse of Clownwall 7 Jany 1673

THO. DAVIES.

Memordm this was afterwards printed for Wm Cook at the Pelican in Little Britain hoc t.i.tulo

The Laws & Customes of the Miners in ye Forest of Dean

The Rules & Orders of St Brevaills Court

endorsed

Written 7 Jany 1673.

NOTES.

{1} Aided by the skilful labours of Stuart A. Moore, Esq.

{11a} h.o.a.re's Itinerary of Abp. Baldwin, vol. i. p. 102.

{11b} Rudder's Appendix. pp.25, 26.

{12a} Rotuli Litterarum Clausarum.

{12b} Ibid.

{13a} Rotuli Litterarum Clausarum.

{13b} Ibid.

{14a} Rotuli Litterarum Clausarum.

{14b} Ibid.

{14c} Exchequer Department, Forest Rolls, No. 418.

{17} Inquisition of 15 Edw. III., Exchequer Records, No. 75.

{19} Exchequer Records, No. 29, Chapter House.

{20a} Inquisition of 15 Edw. III., Exchequer Records, No. 75.

{20b} Exchequer Records, Chap. V. f. 18, No. 18, Col. I.

{22} "Dominus Rex habet mineriam in Balliva de Magna Dene. Et capit do quolibet operaris qui poterit lucrari per septimanam tres summas minea 1.

denarium per septimanam. Et quando minea primo invenietur Dominus Rex habebit unum hominem operantem c.u.m aliis operantibus in mineria, et conducet illum pro duobus denariis per diem, et habebit partem lucri quantum eveniat uni operaris. Item, Dominus Rex habebit unde per septimanam s.e.x summas mineae quae vocantur 'Lawe ore.' Et dabit propter hoc operariis VI. denariis per septimanam."