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British Archaeological Association.
THE ROMAN NAME OF MATLOCK,
WITH SOME NOTES ON THE
ANCIENT LEAD MINES AND THEIR RELICS IN
BY W. DE GRAY BIRCH, ESQ., V.-P., LL.D., F.S.A.
(Continued from p. 46.) HE best account of the ancient laws of the
Mines and Miners of Derbyshire is given in the History of the County of Derby, from materials collected by Stephen Glover, and edited by Thomas Noble, Derby, 8vo, 1829; vol. i, appen
dix, pp. 34 et seqq. But, as the record of these laws is fragmentary and incomplete, I have thought it useful to give, by way of continuation of the foregoing paper, a transcript of an old MS. in the British Museum, which carries the printed matter further still, and thereby contributes to our somewhat scanty knowledge of the regulations which affected Derbyshire mines and miners a little more exact knowledge. Of the remote antiquity on which these laws rest there can be no doubt; for, as Glover remarks, a few mines were left by the Romans at the conquest of this island, under the command of Julius Cæsar, whose descendants continued their work in the lead mines in the High Peak; a few about the Forest of Dean and Mendip, co. Somerset; and some at Finney, co. Cornwall; all of which governed themselves by the Belgic and Roman laws in force among them, separate from all other subjects of Great Britain ; deciding all differences in their own courts by their ancient laws and customs, and not by any law as practised in Westmiuster Hall. Edward I enquired into mineral affairs; and the following record relates to the summoning of a jury of inquest on Saturday (29 May) after Trinity Sunday (23 May), sixteenth year (A.D. 1288) :
BRITISH MUSEUM. Addit. MS. 32465A.
Of the Bundelli of the Exchetor and the inquisition de Anno of the
Raigne of Kinge Edward the first the xvjth. DERBY. Scilicet. Edward by the grace of God Kinge of England and Lorde of Ireland and duke of Aquitayne, To the shirief of the Countie of Derby greetinge.
Knowe yee that wee have assigned our faithfull and welbeloved Reynalde of the liege' and William of Menillo3 to enquire by oathes of good and lawefull men of your Countie by the which the trueth may be best knowne of the liberties which our miners doe clayme to haue in theise partes, and which they are vsed to have, and by what meanes and how and from what tyme, and by what warrant. And therefore wee doe Comaund thee, that at a Certaine daye and place which the said Rinalld and William shall appoint thee, thow shalt Cause to Come before them so many, and such good and lawfull men of thy bailiweeke, by the which the trueth may there be best knowne in the premisses by this inquire, and that thow have there this writt. Wittnesseth our welbeloued Cousyn Edmund Earle of Cornewal. At Westminster the xxvijth* daye of Aprill in the yeare of our Raigne the xvjth by William of Hamelton and at the instance of Hugh of Cressingham, the daye ys appointed at Ashburne vpon Saterday next after the feast of the holie trinitie.
An inquisition to be at Ashburne the Saterday next after the feast of the holie trinitie in the yeare of the raigne of Edward the first the xvjth. Before Reignold of the leige' and William of Meynelles of the liberties which the miners of our said soveraigne Lord the Kinge in the Peake doe clayme to have in theise partes and which they are vsed to have, by what meanes and how and from what
1 Printed by Glover, with the principal variations collated in the following notes.
2 Ley (Lea), Glover. 3 Memill (Meynell) Glover.
4 28th, Glover.
tyme and by what warrant by the oathes of1 Thomas Pleagame, William Hallye, Raphe Cotterell, William of Longsden, John of Tiperture, Clement of forde, William of Bradlowe, Peter of Rolunde, Rice of Longsdenn, William the sonne of the smith of Bradwall, Henry ffalgraive, and John of Longsdenu, which doe saye that in the begininge when the miners did come to the field seeking for a myne, and findinge a myne, they did Come to the Beylyff which is Called the Borghmaster, and did desire yf it weare in a newe field that they might have two meares of ground, and’ one meare of ground the miners desired to have also in an oulde worke, of right: tobe measurde to the said miners, and euerie meare to Containe foure measures, and the hole of the myne to be of vij ffootes wide or broade, and every measure shalbe of xxiiij ffoote, and the Kinge shall have the third meare next to the finder, and the other two meares shalbe delivered to the first3 workeman finder of the newe myne by the Burghmaster; and in the ould field every workenan demaunding such worke, one meare, in the ffee of our soveraigne Lorde the Kinge, and the Kinge shall have the xiijth dish or ineasure of Ewer which is called the Lott and this hath bene vsed. And for this our Soveraigne lord the Kinge shall finde vnto the miners free ingresse and regresse into and from their mines, to Care and beare their Oare vnto the Kinges highwaye. And the said Jurie doe saye that they are vsed for goinget in there mines, and that our said soveraigne Lord the Kinge shall have the buying of there ewer before all other geving as another man will, and if the minors have receaued any money of any other man before hand for his oare, the[n] the minor shall paye his debt without lett of the borghmaster, so that this be without fraud or deceipt or els the Kinge shall haue the oare before all other as is aforesaid. And the jurie doe saye further vpon their oathes that it is and shalbe lawfull to the minors to sell geve and assigne his grove or meare of ground or any parte thereof without the Kinges Licence or the Burglimaster and this hath bene vsed tyme out of the memorie of man in all the territories and liberties of the highe peake vnto this tyme, Saving in a Certain place Called Mandall’, in which place all buyers of oare are prohibited to buye ewer by the space of foure yeares now next Corninge by the Borghmaster and for what Cause the miners may mayntayne their rightes and Customes aforesaid, the said Jurie doe saye that the auntient Custome of the myners ys, that the pleas or Courtes of the Burghmaster ought of right to be kept and houlden yearlie vpon the winers from three weekes to three weekes. And the jurie doe saye vpon there oathes that if any miner be slayne by infortune, that such miner shalbe buried with out the viewe of the Coroners of the said Countie by the view of the
1 All these names vary in Glover. 2 Not as in Glover.
'first", omitted Glover. Coming,” Glover.
minors, and if any person or persons be Convicted of any small trespasse he ought to paye for his amerciament ijd. and that to be paid the same daye or els to double the same amerciament till yt come to vs. iiijd., and if any blod be shedd vpon the myne, the authour shall paye vs. iiijd. the same daye or els shall double the same everie daye till yt come to a hundreth shillinges, and if any miner doe any trespasse vnder the ground to his fellow he shall paye for his amerciament vs. iiijd. and satisfie his fellow the full value of such trespasse.
In Dei nomine Amen. The first tyme that the newe inyne was founde in the newe field the Lord? Marchant and the Miners Chose them a Barmayster for to delyver two ffynners to the finder of the myne and to the lord of the field a meare next the same ffynners, one that one part, or els half a meare on the one side of the ffiñners, and another half on that other side, on the same ffynners at his owne election. And after the Barmayster shall’ deliver to the minors meares for to worke after the law of the myne.? And a meare shall’ Conteigne in length fourscore foote and seaven there awaye as the myne goeth betweene two wonghes, and the miners shall have their meares to them and to their heirs. But if they forfeit them to the Lord by the law of the myne, and their wives shall have their dowers in the said meares, but if they forfeit them as ys aforesaid and miners shall worke there meares duley Chaes the stoole up that one partie, as they may finde myne, Betweene two wonghes in the naturall waye till’he Come to the meare stake, And then his neighbour next him shall Chass the stoole in the same maner, and soe the stoole shalbe Chassed from meare to meare, but if it be lett by water, And the Barmayster shall see that the myne be wrought daily, And where he findeth a meare vnwrought he shall on the spindle score one score and soe from week to week he shall vse the field, and see that the meares be wrought, And if he finde any meare standing vnwrought three weekes togeither he shall score three scores vpon the spindle and deliver it to them that will worke it as the law will. But if it be borrowed as law of the myne will at the three weekes ende , And the Lord of the myne shall ordeyne them a Convenable dishe or measure by the which the Lord shall receave their lott, and the miners shall sell their myne, And the minors abiding in their meare shall haue deliuered to them by the Barmayster for his lodge and for his Courtlodge sufficient hedgeboote and hey boote and all maner of tymber for his groves, delivered by the lord or by his officers yf they haue sufficient within the lordship or els the minors shall ordeyne them of theire owne proper Costes in another lordship, and then the Lord shall have his lott. And it shall be lawfull to them then to Carie ewer myne whither they list, and bringe yt and doe with yt what they please without trouble of the Lord or any of his officers. And the minors and marchantes of the said myne shalbe quite of all p’nnage and other customes as farr as the lordship lasteth as the lord may dispend foure pence by yeare. And the miners shall haue for their bestes pasturinge with the Lordes beastes in his wastes outtaken ..
1 “ Lord” omitted, Glover. 2 Here ends the record printed by Glover,
of his fenced parkes meadows sowinge fields and in that no minors of the Lord shall impound them or distress them for no article that belongeth to the myne, within the franches of the myne. And the Barmayster the Lord and the Steward shall hould Courtes on the myne when he will. Two greate Courtes in the yeare, and if there by any minor or other be attainted for stealinge of oare, first he shalbe amerced vs. iiijd. the which iiijd. the Barmayster shall have. And if he be againe attainted hee shalbe amerced xs viiijd. which viijd, the Barmayster shall have. And if he be attainted the third tyme for stealinge ewer myne, he shalbe taken and stricken thorough the palme of the hande with a knife vp to the hafte into the stowes, and there stand till he be dead, or else gett hymself loose, and then he shall forsweare the ffranchesis of the myne. And if any man be taken by occasion of any article that belongeth to the myne, he shall abide in the Barmayster's keepinge, and if he will be meinprised in payne of one hundreth shillinges to be brought before the steward the next Court of the myne, and if that he that is so meinprised be attainted of fellonie in the Court of the steward he shall doe by hym as the law will vpon the same place, and if he will putt hym on the minors, and eache trespass of others and of bloodshedd he shalbe amerced vs. iiijd. the which iiijd. the Barmayster shall have, and if any other trespass be done vpon the myne yt shalbe fined to ijd., and that shalbe paid to the Barmayster, the first of a fferment, or els the ijd. shall ever double from daye to daye till yt Come to vs. iiijd., and then the Barmayster shall haue the iijd. and the Lord the vs., and mynors and marchants shall haue weightes for leade and measures for ewer at all tymes when they will. And the ministers to be readie on warninge without the lett of the lord or his officers, and if it fortune that the minors or any other be dead in any grove or elswhere within the myne, no Escheator nor no Coroner nor no officer of the lord shall medle of lands goods or Cattell' of hym that ys so slayne by any misfortune but the Barmayster of the inyne. And if any felonie be done within the franches by Manslaughter or strife, or fellonie or theft robberie of Cattel yf they haue no better grace. And if any man of his owne free will so deraine his neighbours meare, he shall fill it vp vnder with such as hee gott out, pure myne Borghe and bosse and be anierced vs. iiijd., which iiijd, the Barmayster shall haue. Alsoe if any minors or other take any Costage of marchants, and minors finde myne to the marchant that will make more costage to the . . . . vers of in the same place to the profett of another marchant that findes the myne, the first marchant after