N. E. R. (a Subscriber.)

_Burning the Hill_ (Vol. ii., pp. 441. 498.).--The provision for _burning

out_ a delinquent miner, contained in the Mendip mine laws, called Lord

C. J. Choke's laws, first appeared in print in 1687; at least I can find no

earlier notice of them in any _book_; but as the usages sanctioned by them

are incidentally mentioned in proceedings in the Exchequer in 21 and 22

Elizabeth, they are no doubt of early date. Article 6. certainly has a very

sanguinary aspect; but as the thief, whose hut and tools are to be burnt,

is himself to be "_banished_ from his occupation before the miners for

ever," it cannot be intended that he should be himself burnt also. If any

instance of the exercise of a {124} custom or law so clearly illegal had

ever occurred within recent times, we should have assuredly found some

record of it in the annals of criminal justice, as the executioner would

infallibly have been hanged. The regulations are probably an attempt by

some private hand to embody the local customs of the district, so far as

regards lead mining; and they contain the substance of the usual customs

prevalent in most metallic regions, where mines have been worked _ab

antiquo_. The first report of the Dean Forest Commission, 1839, f. 12.,

adverts to a similar practice among the coal and iron miners in that

forest. It seems to be an instance of the _Droit des arsins_, or right of

arson, formerly claimed and exercised to a considerable extent, and with

great solemnity, in Picardy, Flanders, and other places; but I know of no

instance in which this wild species of metallifodine justice has been

claimed to apply to anything but the culprit's local habitation and tools

of trade. I need not add that the custom, even with this limitation, would

now be treated by the courts as a vulgar error, and handed over to the

exclusive jurisdiction of the legal antiquaries and collectors of the Juris

amoenitates.

Notes and Queries, Number 68, February 15, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 47 / 67 题