_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 Trespasse Miners' power to sue trespassers.against the Franchises of
the Min_ers_ [that is to say] that pass[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 passe_th_ _ought_ [passed 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 principall 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 Amersement.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 Trespasse 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
hitt 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 Masse {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 hit 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 space 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