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The MINERS GUIDE
into their Length of Ground and getting Ore therein:
and the Offenders, on Account of such Expence, on
the Part of the Complainant have been frequently
encouraged, not only to commit, but to continue
Trespasses of that Kind. We do therefore order and say,
That if any Time hereafter, the Grand-Jury, or Twenty-
four should be called to take a View of a supposed
Trespass committed by one Miner upon another, and
that a Verdict should be given by them in favour of
the Complainant; such Complainant may, at the Great
Barmote Court to be held next after the, taking such
Inquest, prefer his Bill for the Recovery of such
Expences as shall necessarily have attended the said
Inquiry; and shall at the said Great Barmote Court
have such Relief therein as shall be found reasonable.
The said Article was confirmed by Presentment of
the Grand-Jury, or Four and Twenty, at the Two
next following Great Barmote-Courts, held for the
Jurisdiction aforesaid, the 1st Day of May and the 9th
Day of October, 1759.
Godfrey Heathcote, Steward.
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At the Great Court Barmote, for the Lead Mines
held at Wirksworth, for the Soak and Wapentake
of Wirksworth, in the County of Derby, the 10th
of October, in the Year of our Lord, 1665.
The Inquisition of the late Great Inquest, taken upon
Oaths of
Robert Haywood Robert Tipping
Robert Sage Matthew Latham
Richard Buxton Henry Coats
Anthony Cotterill John Briddon
Edward Wheatcroft Edward Bradshaw
John Swallow Thomas Dakin
Anthony Gell Peter Browling
John Creswell Francis Worthy
John Topliss Edward Roper
George Wittecre John Twigg
Anthony Low Ralph Hange
James Holehouse John Roose
ARTICLE 1
We say, upon our Oath, That by the ancient
Custom of the Mines, within the Soak and
Wapentake of Wirksworth; the Miners and Merchants
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WIRKSWORTH WAPENTAKE
at first chose themselves an officer called a Bar-Master,
to be an indifferent Person, betwixt the Lord of the
Field or Farmer and the Miners, and betwixt the Miners
and merchants; which Bar-Master, upon finding
any new Rake or Vein, did upon Notice given by the
Miner, deliver to the first Finder two Meares of
Ground in the same Vein, each Meare in a Rake or
Pipe-work containing twenty-nine Yards in Length;
and in a Flat-work fourteen Yards square; the which
two Meares of Ground the Miner is to have, one for
his Diligence in finding the Vein, and the other for
Mineral Right; paying the Bar-Master or his Deputy,
one Dish of his first Ore therein gotten: And then the
Bar-Master or his Deputy, is to deliver to the Lord of
the Field or Farmer, one Meare of Ground in a new
Vein, at either End of the aforesaid two meares, half a
Meare of Ground, and then every one in such rake or
Vein, one Mear or more according to their taking.
Observation on Article 1
The Bar-Masters were first chosen by the Miners and
Merchants, but are since chosen by his Majesty's Farmers of the
Mineral Duties; and all other Bar-masters, are chosen by the
Lords, or their Farmers of the Mineral Duties, in all Mineral
Fields in the County of Derby, where Bar-masters act, and
are remobeable at the Direction of those who put them into
Office: The Branches of a Bar-master's Office, according to the
Oath he acts under, are many.
ARTICLE II
We say, if any Miner or any other Person, set on any
old Work, then the Bar-master or his Deputy, is but
to deliver him one Meare of Ground, on either Side of
his shaft half a Meare of Ground; for which, of
Mineral Right he is to pay one Dish of his first Ore
therein gotten, and the Lord of the Field or Farmer is to
have no hald Meare in an old Work; but every one is
to be served according to his taking.
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WIRKSWORTH WAPENTAKE
Observation on Article II
By this Article, so soon as the Miner has gor Ore to free his
Ground with, then, and not till then, the Bar-master must
stake out his Founder-Meare in Manner above: And where the
Field is open, another may take Takets at him, and a third
Person at the second; so they may all be served according in
their Taking. See the 6th Article.
ARTICLE III
We say, that no one ought to set on an old Work
or antient Possession, without the Bar-master or his
Deputy, and one or more of the Grand Jury or Twenty-
four of the Mine.
Observation on Article III
The words, ancient Possession, and what you may observe
in the fourth and fifth Articles, plainly shew, that every
Miner ought frequently to take Care that his Stowes or Possessions
are kept in good and lawful Repair, and then he may be certain
he cannot lose his Tithe, without its being transferred by
the Bar-master and for want of Workmanship.
ARTICLE IV
We say, according to the Custom of the Mines, within
the Wapentake of Wirksworth, that Grooves, Shafts,
or Meares of Ground, kept in lawfull Possession, are an
Estate of Inheritance, and desend to the Heirs and
Assigns of the Owners, and Wives to have Dowry in
them.
Observation on Article IV
That Mines have desended in such Manner, and Dowry had,
there have been Instances innumerable.
ARTICLE V
We say, if any Man (to the Knowledge of the Bar-master
or his Deputy) be lawfully possessed of a Meare
or Meares of Ground, and does willingly desert the
same, but his Stowes are gone by sudden Accident
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WIRKSWORTH WAPENTAKE
or indirect Means, it shall not be lawful for any other
Person to take or possess such Meare or Meares of
Ground, until the Bar-master or his Deputy set him
thereon: And the Bar-master or his Deputy, before he
set any Man on such Meare or Meares of Ground, shall
first take with him one or more of the Grand Jury, or
Four and Twenty of the Mine, and go to the Place
where the Possession or Possessions or Stowes stood, for
such Meare or Meares of Ground; and then make open
Publication in the Mineral Time of the Day, that the
Party or Paties whose Stowes stood for such Meare or
Meares of Ground are gone or taken away as aforesaid;
that he or they shall within Four Days after such
Publication, come and make good his or their Possessions
for such meare or Meares of Ground: But if the Party
fail to make good his or their Possessions within Four
Days after, then the Bar-master or his Deputy, and
the Grand Jury-man that was at such Publication, may
set on any other Man on such Meares of Ground to work
according to Custom
Observation on Article V
A miner, when he is thoroughly satisfied in the Trial of a
Mine, may willingly desert the same for his own Security, and
his Neighbours Good; for he may fill up, or by any other
Means secure his shafts, and take away his Possessions to set
them elsewhere; but he must then be totally excluded from
any Claim by such his Desertion.
ARTICLE VI
We say, that the Bar-master nor his Deputy, ought
not to lay forth nor measure any Man's Ground, till
Ore be gotten in the same Ground to free it withal;
and when the Ground is freed, it ought to be measured
and laid forth, and Meare-Stakes set the same
Day.
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WIRKSWORTH WAPENTAKE
Observation on Article VI
------? new this done, or required to be done, but it may
------? happen that the Bar-master may be elsewhere
------? Day of Freeing; but as no Body can be prejudiced
------? the first opportunity, in a few Days after, for staking
------? always been thought sufficient.
ARTICLE VII
We say, that every one ought to keep his Ground in
------?, with Stowes and Timber in
------? Crosses and Holes without
-----? keep Possession but three Days.
Observation on Article VII
------? most Part observed but still shews that Ground
------? without Possession, and the necessity of the
------?
ARTICLE VIII
We say, that all men ought to work their Ground
----? their Stool to the Ground End, and so
------? Meare to Meare according to the Custom;
------? hindered by the water, or for
-----? Wind; and in such Cases, dilligence ought to
-----? gain Wind, and get out the Water.
Observation on Article VIII
----? Miner's business so to do; but I do not see by what
----? can be (or ever was) compelled to do it, any farther
----? at his own discretion; but if he be refractory or
----? his Neighbour may have other Relief by Article
----?
ARTICLE IX
We say, that the Bar-master or his Deputy, ought
to walk to the Mines once a Week at least; and where
-----? a Meare of Ground, which to his knowledge is
lawfully possessed, to stand unwrought three Weeks
together, and might be wrought, not being hindered by
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WIRKSWORTH WAPENTAKE
Water, or for want of Wind; then he ought if he can
conveniently, to give Notice to the Parties that neglect
to work according to Custom; then he shall nick the
Spindle, each Week a nick for three Weeks together.
And if it be not wrought within that Time, nor
borrowed of the Bar-master or his Deputy, then within
two Days after the last Day of the last said three
Weeks; the Bar-master or his Deputy, may lawfully
set on another Man on such Meare or Meares of Ground,
to work according to Custom. And if the Bar-master
neglect to do his Duty herein, he shall forfeit Five
Shillings to the Lord of the Field or Farmer.
Observation on Article IX
This is extremely good, and as it tends so much to the
Interest of the King, as also to the Advantage of the Miner, I hope
it will be diligently observed.
ARTICLE X
We say, if two several Parties or more, set Possessions
for one and the same thing, claiming for one and
the same Meare of Ground; thereupon the Party grieved
shall complain to the Bar-master or his Deputy,
who shall forthwith bring with him Four or more of
the Grand-Jury, or Four and Twenty, to view the
Possessions, and inform themselves the best way they can,
who hath the most ancient and lawful Possession for that
Meare of Ground, and shall settle the same, casting off
the other, and cutting out the Spindle of the Stowes; as
they do so cast off. And if the Party whose Possessions
they so cast off, think he hath wrong thereby, and
think he hath a good Title to such Meare or Meares of
Ground; he may put a new Spindle into his Stowes, and
any Time within Fouteen Days after such casting off,
set them on again; thereupon giving the Bar-master or
his Deputy Four pence to arrest such Meare or Meares
of Ground, and so try his Title. But if he set on his
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WIRKSWORTH WAPENTAKE
Stowes and do not arrest within fourteen Days after as
aforesaid, he shall incur a Fine of Forty Shillings on his
stand? for every such Offence, and the Bar-master or
his Deputy, ought forthwith to burn his Stowes in the
Mineral Time of the Day; and then if he sets not on
another Pair of Stowes, and arrest the next Day after,
his Title to such Meare or Meares of Ground, shall be
deemed unlawful, and have no Plea for the same in
Barmote Court.
Observation on Article X
This is frequently in Practice, and so easy and plain, needs
[no --- of Explanation?]. But see more of this at the latter End
of this first Part
ARTICLE XI
We say, that the Lord of the Field or Farmer, shall
at all Times hereafter provide, and keep betwixt Merchant,
Buyer and Seller, a just and right Measure or
Dish, according to the ancient Gauge; and such a Number
of them, as shall at all Times of the Year, conveniently
measure all such Lead Ore, as is gotten in the
Wapentake of Wirksworth; and such Dishes ought to
be sized every Quarter of a Year by the brazen Dish,
in Preference of Four or more of the Grand Jury or
Twenty-four; and for a Pain every Time failing herein,
to forfeit Three Shillings and Four-pence.
Observation on Article XI
I believe the Bar-masters, &c found that Twice a Year was
sufficient for their sizing or adjusting the Dishes by the Brazen
Dish, and that is punctually observed and kept; but I query
whether the Bar-masters do not buy their own Dishes.
ARTICLE XII
We say, that by the said Dish or Measure, the Lord
of the Field or Farmer is to take his Lot, which is the
thirteenth Dish or Measure, as is justly and customarily
paid.
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WIRKSWORTH WAPENTAKE
paid. But we say, that Smytham or Forested Ore,
hath not (within the Memory of Man) paid, nor ought
to pay any Duties or Part, but Cope only.
Observation on Article XII
I believe that the Miners have never in the least scrupled
paying the thirteenth Dish, as Lot of all their Ores, but no Miner
on Earth, would be willing to pay it out of Smytham or Forested
Ore: I take Forested Ore to be next worse in Quality to that of
Smytham; and the Cope is always chearfully and regularly
paid
ARTICLE XIII
We say, that for the Payment of said Lot, Miners
within the Wapentake of Wirksworth, ought to have
Liberty to work the Ground within the Wapentake,
and to have Timber also in the King's Wastes to work
their Ground withal; and Egress and Regress from the
Highways to their Groves or Mines.
Observation on Article XIII
The Miners (I am told) have fetch'd some few Loads of
Timber formerly from the Forest of Needwood, and brought it
without Interruption, but the Distance made it more expensive
than buying at Home.
ARTICLE XIV
We say, that the Bar-master or his Deputy, ought
to lay forth the Miners the next Way to the Highway,
for going and coming to and from their Work, and also
for carrying to and from their Work, the running Water
to wash their Ore withal.
Observation on Article XIV
Great Part of the Mines in the Wapentake of Wirksworth
happen upon Moors and Pasture-Grounds; but in the Inclosures
the Bar-masters have sometimes been called to the Execution
of their Office on this Article, through some ill-natured
Land-owner, or Tenant; who have frequently repented so doing;
for was the Miner to exert himself in the utmost of Mineral
Privaleges, the Land-pwner or Tenant would oftentimes suffer
much more than they commonly do: For I have known the
Bar-master called to the Execution of his Office on this
Occasion, which is done in Manner following: The Bar-master
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WIRKSWORTH WAPENTAKE
takes with him Two of the Twenty-four; and he walking
between them with his, and their Arms extended, they walk
from the Mine to the most convenient Place, they can soonest
come at the King's High Road, pricking down Peggs or Stakes
on each side as they go along; and within those Stakes, the
Miner may carry to or from the Mines whatever and whenever
he pleases; even if it was standing Corn.
ARTICLE XV
We say, (according to the Custom of the Mine) that
all Miners and their Servants, may wash their Ore with
Fat and Sieve upon their Works; so that they keep
their Fats close covered, and empty their Sludge into
some convenient Place within their Length or Quarter-
Cord, as the Bar-master or his Deputy shall appoint,
so that the Cattle of the Owners or Occupiers of the
Land, where such Washing is may have no Harm.
Observation on Article XV
This Article is pretty much duly observed and kept.
ARTICLE XVI
We say, (by the Custom of the Mine within the
Wapentake of Wirksworth) it is lawful for all the Liege
People of this Nation, to dig, delve, subvert, mine and
turn up all manner of Grounds, Lands, Meadows, Closes,
Pastures, Moors or Marshes, for Lead-Ore within the
said Wapentake, of whose Inheritance soever it is;
Dwelling-Houses, Highways, Orchards or Gardens excepted:
But if any Arable Ground, Lands or Meadows, be
gigged, delved, subverted or mined, and not wrought
lawfully according to the Custom of the Mine; then it
may and shall be lawful for the Inheritors of the Ground
so digged, subverted and mined; to fill up the same at
their Will and Pleasure.
Observation on Article XVI
I would advise the Land Owner to give proper Notice to the
Miner, and likewise to the Bar-master of the Liberty, before he
takes upon him to fill any one's Mine.
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WIRKSWORTH WAPENTAKE
ARTICLE XVII
We say, that no Person or Persons ought to keep
any Counterfeit Dish or Measure, in their Houses, Cots?
or any other Place, to measure Ore withal; but every
one ought to buy and sell by the Bar-master's lawful
Dish, and no other to be used or had; and every Buyer
offending herein shall forfeit for every such Offence
Forty Shillings to the Lord of the Field or Farmer, and
the Sellers thereof to forfeit their Ore, if it be taken at
such a Time.
Observation on Article XVII
I have heard of some few Instances of this kind formerly, but
believe there is scarce any such Thing done in the Wapentake
of late Years.
ARTICLE XVIII
We say, that if any poor Miner, or any other poor
Person have Ore under a Load to measure, and the Bar-
master or his Deputy have Notice thereof, and do not
upon Warning and request come to measure the same,
then every such Person may lawfully take two of his
Neighbours and deliver his Ore to whom he will, so
that the customary Duties be paid.
Observation on Article XVIII
This Article is good, but I never knew any Necessity for the
Use of it.
ARTICLE XIX
We say, that the Bar-master or his Deputy, shall
see that Measure be indifferently made between the
Buyer and Seller, and the Buyer not to touch the Dish
or to put his Hand to make it measure; on Pain to
forfeit Ten Shillings.
Observation on Article XIX
If any Arguments arise between the Miner and the Ore-buyer,
or his Servant, about the Measure, the Bar-master or his
Deputy determines it: And I think if the Bar-master sees the Buyer
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WIRKSWORTH WAPENTAKE
or his Servan make up a Measure to his own liking, hr ought to
present such Offender at the next Barmote Court, to prevent him
doing the like again.
ARTICLE XX
We say, that after the Ore is measured, the Merchant,
Buyer or Miner, that carries away the Ore, doth pay
to the Lord of the Field or Farmer, Cope, being
Sixpence 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.
Observation on Article XX
I have never of this Article meeting with any kind of Opposition
ARTICLE XXI
We say, that if any Person or Persons will make
any Claim or Title to any Grooves or Meares 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 Boud (with sufficient Surities
for him to the Plaintiff) to answer at the next Bar-mote
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
twelve Men, as shall be gotten at such Grooves or Meares
of Ground, from the Time of such Arrest, till such Trial
at the Barmote Court.
Observation on Article XXI
This Article is by the present Practice observed according to
the Letter thereof.
ARTICLE XXII
We say, that after any Arrest made, the Bar-master
or his Deputy, upon Request made, ought to appoint a
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WIRKSWORTH WAPENTAKE
Court Barmote 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 and
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 signify as much; and if the Defendant fail to
make his Defence, a Verdict shall pass against him for
his Default.
Observation on Article XXII
This and the 25th are duly observed; I have not known a Default
in this or the 25th by either the Bar-master or the Steward
ARTICLE XXIII
We say, whoever shall be condemned, and cast by a
Verdict of twelve Men, or otherwise, if a Jury be
summoned, and upon calling appear; if the Plaintiff will
not go and follow his Suit, he shall pay Four Shillings
for twelve Men's Dinners, and Pawns shall be put in on
both Parts, into the Bar-master or his Deputy's Hands
at the Time of the Arrest, or within three Days
following.
Observation on Article XXIII
This is generally observed according to the Letter thereof.
ARTICLE XXIV
We say, that the defendant ought to have six Days
Time at the 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 Arrest made within six Days to be void
unless both Parties be willing to go on Trial.
Observation on Article XXIV
The former Part of this is always observed, in the latter Part,
many Instances have been known, of many Arrests lying at
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WIRKSWORTH WAPENTAKE
--? till the Court following, likewise of some going to Trial
at that Court by Consent of the Parties.
ARTICLE XXV
We say, that the Bar-master or his Steward, ought
yearly to keep two Great Barmote Courts on the Mine,
one about easter, and the other about Michaelmas, within
fourteen Days before or after the said Time; 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.
For Observation on the above Article, see the 22d
ARTICLE XXVI
We say, if any Grooves, Shafts, or Meares of
Ground be arrested, all the Ore got or measured at
such Groove, Shaft or Meare of Ground, from the Arrest
to the Trial, 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 Value thereof, as shall
appear by Evidence was gotten or measures at such
Grooves, Shafts, or Meares of Ground, from the Time
of the Arrest till the Trial, 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.
Observation on Article XXVI
The Bar-master always takes Care to observe the Order of
this Article.
ARTICLE XXVII
We say, that honest and able Men, ought to be
summoned for Jurors, out of every Division within the
Wapentake, and to be summoned as near the Court-
Day as may be; and of every Division some to serve,
unless some just Cause be shewed to the contrary.
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WIRKSWORTH WAPENTAKE
Observation on Article XXVII
The Bar-masters generally proceed in this Case according to
these Directions.
ARTICLE XXVIII
We say, that able fit Men, 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.
Observation on Article XXVIII
Likewise in this; and Maintainers must necessarily be highly
proper Persons to serve in difficult and weighty Matters,
provided the Bar-master knows them to be concerned, and conversant
with the Customs of the Mines, &c.
ARTICLE XXIX
We say, that one Verdict for wages due to Workmen,
shall fully conclude and determine, and for the
Title that arises by Contract, as by Gift, Sale or
Exchange, or the like; and also for Right of Possession,
for Shaft or Meares of Ground, two of the first Verdicts
for one Party shall conclude the Title.
Observation on Article XXIX
The present Practice is, to act according to the Letter of this
Article.
ARTICLE XXX
We say, that when a Verdict is gone for either Party,
if he which has lost will have another Trial 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
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WIRKSWORTH WAPENTAKE
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 or that Division, and if it proves
the allowed Time to 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 more Time is requisite, they must give longer
Time again, in Manner as aforesaid: And then if the
Party grieved, arrest not within ten Days after that
Time is expired, that Verdict that went against him,
shall fully conclude and determine the Title.
Observation on Article XXX
I cannot say that I have known this Article put in full
Execution in all its Branches, in my Opinion, there is not one
in the whole, grounded upon better or greater Judgement and
Enquiry.
ARTICLE 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 Barmote Court; and if any
do the contrary, they shall lose their Debt and Ore, for
which they are in Controversy, (and shall pay all the
Charges in Law, and lose all their Grooves and Meares
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; and also such as sue out
of the Barmote Court as aforesaid, ought to have no
Benefit nor Plea in Barmote Court.
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WIRKSWORTH WAPENTAKE
Observation on Article XXXI
Though this Article might be well intended on behalf of the
Miner, still it is very little, or none at all regarded.
ARTICLE 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 in the Mine, nor when
the Miners come and go to the Barmote Court, but the
Bar-master or his Deputy only.
Observation on Article XXXII
A Bum-Bailiff would soon tell you, He neither knew, nor
cared for your Articles; and those Gentlemen are mostly Men
of such kind of Fortune and Character, as not to mind much
the Legality of what they do in their Way.
ARTICLE XXXIII
We say, if two several Parties or more be Groove-Fellows,
or Part Owners to one Groove or Meare of Ground,
and One or more of the Part Owners will not keep
Company, nor pay his or their proportionable Part or
Parts of all such Workmanship, and other Charges and
Expences, as are necessary and belong to such Groove or
Grooves, Meare or Meares 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 them), the Party or Parties refuse to pay
Charges, or 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
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WIRKSWORTH WAPENTAKE
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 were at Barmote Court.
Observation on Article XXXIII
I think this Article is laid aside, or very little practised; and
probably in Part, on Account of the Expence that might attend
this Method of proceeding, and Part on Account of the express
Directions laid down in the 59th Article, which perhaps was
instituted long after this 33rd Article: However, I have not
known one Instance of this being put in Execution.
ARTICLE XXXIV
We say, that when a Meare or Meares of Ground
are wrought under Water, and by reason thereof have
stood many Years unwrought, and the Owner or Owners
of such Meare or Meares 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
Means of a Sough or Engine, and that for the publick
Good, but is yet neglected; thereupon any Person or
Persons, that are minded to disburse and lay forth Money,
to recover such Works from water, may, at a Great
Barmote 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 Person or Persons, who
desire to undertake to win the same, by Sough or otherwise,
to be able Men, and like to pefect such a Work;
thereupon the Grand-Jury or Twenty-four, shall appoint
a Day (a Month after at least) for themselves and
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WIRKSWORTH WAPENTAKE
the Person that undertakes; and all the Owners of such
Works to meet at the Place where such Works are,
and the Time of Meeting shall be published by the
Crier in the Great Barmote 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 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
od such Works, with the Intentions of the Undertakers,
concerning the Recovery of such Works from water,
and the ways and Means they propose for the doing of
it: And any of the Owners of such Works, if they
please, may join with the Undertakers, paying their
proportional Parts of the Charge of such Soughs or
Engines, as shall be made to recover the same, according
to their Parts, and enjoy 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 join, or pay
their proportionable Part or Parts of Charges, of such
Soughs or Engines as shall be made or used, for the
Recovery of such Works from water as aforesaid; thereupon
the Grand-Jury or Twenty-four, and the Bar-master
or his Deputy, shall have Power to disposses
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
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WIRKSWORTH WAPENTAKE
on ---? Business, for the Recovery of such Water-
----?, that any Difference arise betwixt the Under-
----? and the Owners of such Works or any of them,
----? the Work is obstructed thereby; then the Grand
Jury or Twenty-four, being called together, shall have
----? to regulate all such Differences, whereby the
Work may be effectually accomplished for the publick
Good.
Observation on Article XXXIV
I look upon this Article to be grounded extremely well; and
think if any disinterested Miner will consider it through;
seriously and impartially, he cannot advance any rational Objections
against it, particularly because the publick Good seems
so much to be aimed at; and all the Steps to be taken, are in so
publick a Manner, that no kind of Fraud or Opression appears
in the least Shape imaginable.
ARTICLE XXXV
We say, that when any Man is possessed of a Groove
or Meare 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 Courtesy, then he may
procure Three or more of the Grand Jury or Twenty-
fout, to be summoned, and the Bar-master or his Deputy
, may put them into his Groove, who hath the
Vein in Work; where they may, by using 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 sink 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
aforsaid, shall not do any other Act or Thing, or make
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WIRKSWORTH WAPENTAKE
any other Discovery of such Groove, save only to see
which Way and upon what Point the Vein goes.
Observation on Article XXXV
I have known sundry Instances of this Article being put in
Execution; and in my Opinion it is extremely reasonable; for
the Party can have no Injustice done him within his own
Length, and the Field ought not in any wise to be hindered.
ARTICLE XXXVI
We say, that when any Man is lawfully possessed of
a Meare 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 stronglysuspected
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 summoned 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 suchtheir Opinions,
under their Hands in Writing, withal ordering, who
they conceive works wrongfully, forthwith to gve the
party 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 the 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
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WIRKSWORTH WAPENTAKE
shall 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 summoned again, and such of
them as appear, being above twelve, shall view the
Work in Question; and 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 of
Title.
Observation on Article XXXVI
This Article for Sequestration is very well known to most of
those who have any tolerable Acquaintance with the Customs
of the Mines, and is very fully and clearly expressed; many
Miners have been obliged to have Recourse thereto; and if it
appeared to be fairly and justly required, I never heard of their
being denied Redress.
ARTICLE 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 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.
Observation on Article XXXVII
If any one should pretend any sort of Claim, he must Arrest
and make his Right thereto appear, for the Field ought not to
be hindered; but there is a stronger Provision made in Cases of
this Nature by the 54th Article.
ARTICLE XXXVIII
We say, if any Vein or Rake, go cross through another
Rake or Vein, hr 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
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WIRKSWORTH WAPENTAKE
of a yard long, so that he stand wholly within his own
Cheeks when he works such a Pee.
Observation on Article XXXVIII
There are very rarely any Disputes in this Case.
ARTICLE XXXIX
We say, that when two Veins go together, parted
with a Rither that is scarcely 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,
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 Meare in length, then they are serviceable to the
Miner as two distinct Veins.
Observation on Article XXXIX
When a Vein is parted by a Rither, it is common for the
Miner to blow down the Rither-point as much as he well can;
And if the Vein on one Side does not come into the other again
in driving half a Mear' he is obliged to free that which breaks
from his old Range, and Nature as a Break or new Vein, and
his Founder therein to be fixed at the Rither Point.
ARTICLE XL
We say, that any Miner in an open Rake, may kindle
and light his Fire after Four o'Clock in the Afternoon,
giving his Neighbour lawful warning thereof.
Note, The above Article is almost out of Use since
the Art of Blasting the Rocks came up, firing being
laid aside.
Observation on Article XL
Firing is now laid aside, the use of Gunpowder being far
more advantageous.
ARTICLE XLI
We say, that if any Miner or other Person, do underbeat
his Neighbours Meare, and work out of his own length
into another 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
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WIRKSWORTH WAPENTAKE
full as much Ore, or 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
and Four-pence; which Fine the Bar-master or
his steward shall have.
Observation on Article XLI
If a Trespass of this Nature happens where the Identity of
the Vein is proved and allowed, the redress is very plain and
easy.
ARTICLE XLII
We say, that if any Miner or other Person, do keep
lawful Possessions of any Groove, Shaft or Meare of
Ground, according to the Custom of the Mine; if any
Person or Persons, (by Day or by Night) cast in or
fill up such Shaft, Groove, or Meare of Ground, however
they shall be wrought; every such Person so offending
therein, 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.
Observation on Article XLII
This is a notorious Offence, and has been oftentimes punished
according to the Article, but the Farmers have sometimes in
Case of poverty given the Offender some Trifle back again.
ARTICLE 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
Meare of Ground in Variance, for Maintainance; every
Person so offending, shall thereby lose his Groove or
Meare of Ground, or Part thereof in Variance, and the
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WIRKSWORTH WAPENTAKE
Taker or Buyer shall forfeit Ten pounds to the Lord of
the Field or Farmer.
Observation on Article XLIII
Those who made this Article seemed to have a Dread, that
Power might overbalance Justice, and perhaps not without Reason;
but if Honour and Honesty will not lay a sufficient
Restraint upon Gentlemen in this Case, I am afraid here is not
Terror enough in this Article, nor I never knew its being put
in Execution; though was it fairly proved, I think it is great
Pity that it should not.
ARTICLE XLIV
We say, that if it happen, that any Miner be killed
or slain, or damped upon the Mine, within any Groove;
neither Escheator, Coroner, or other Officer, ought to
meddle therewith, but the Bar-master or his Deputy.
Observation on Article XLIV
I have known some, and heard of many killed at the Mines
in this Wapentake; on all which Occasions, the Bar-master acted
as Coroner, with a Jury by him chosen; but at Mines upon
Lease, or in all other private Liberties, the Coroner is always
called.
ARTICLE XLV
We say, that no Person ought to bring any unlawful
Weapon to the Mine, and for every Time so doing
to forfeit Three Shillings and Four-pence 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 Forty Shillings; and for every
Bloodshed against the Peace, Five Shillings; the one
half to the Lord of the Field or Farmer, and the other
half to the Bar-master or his Deputy.
Observation on Article XLV
If Offences of this kind happen, I think Information thereof
ought to be given to the Bar-master of the Liberty where it
does happen, and Complaint made the next Barmote Court.
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WIRKSWORTH WAPENTAKE
ARTICLE XLVI
We say, that every Man that has a Washing-trough,
ought to have seven Feet about the same: and if any
Person dig, delve or shovel in the said Trough within
the said Space, he shall forfeit for every such Offence
Twelve-pence to the Steward. Also we say, that no
Person ought to dig, delve or shovel near any Man's
Bing-place, upon Pain to forfeit Twelve-pence for
every such Offence.
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