In 1837 they were raised to the dignity of blast furnaces by having two of them erected of the usual size, by Edward Protheroe, Esq., and worked by him for four years. The late Mr. Benjamin Gibbons purchased them in 1857; and in 1863 his representatives sold them to Messrs. Goold, by whom they are conducted. At present but one furnace is in blast, yielding about 20 tons of Forest iron each casting, South Wales coke being the fuel employed. Eighty hands are engaged at these works.

Lydbrook has long been the site of several busy ironworks. They may be specified as the Upper and Lower; the last of these, situated near the Wye, was once the property of the Foleys, by whom so many of the iron works of the beginning of the last century were carried on. More recently they were in Mr. Partridge's hands, and were worked in connexion with the furnace at Bishopswood. In 1817 Mr. Allaway leased them, at which time they comprised three forges, rolling and bar mills, and tin-house complete, capable of producing from 100 to 150 boxes of tin plates per week. Now, however, under the able management of the late Mr. Allaway's sons, the Works yield 600 boxes, sent off by the Wye. The iron used is chiefly that from Cinderford, as being the best suited for the purpose.

The Upper Works, formerly the property of Lord Gage, at the time when the High Meadow Estates belonged to the family, are now owned by Messrs. Russell, the late Mr. Russell having bought them from the Crown in 1818. His son, Mr. Edward Russell, writes:—

"We have since then considerably improved and enlarged them, and are now employing about 100 hands. We manufacture wire for fencing, as also for telegraph purposes, of which we can roll from 40 to 50 tons per week. We likewise make charcoal iron for horse-nails and smith's work, besides that for agricultural purposes, using the Cinderford, Shropshire, and Staffordshire iron, especially the former."

Other works, resembling those just described, are being carried on by Mr. James Russell at the Forest Vale Iron Works, near Cinderford. When perfected, they will employ not less than 60 pairs of hands, and will supply considerable quantities of iron rods for telegraphic and other wire, as well as chain-cable iron, the adjoining furnaces affording the requisite metal.

All the iron ore supplied from this neighbourhood to these different works is derived from one or other of the following iron mines, whose present extent may be thus particularized. {61}

The Shake-mantle, Buckshraft, and St. Annal's pits, on the eastern side of the Forest, constitute that exceedingly important range of mining operations, from which the Cinderford furnaces have long obtained their chief supply of iron ore. These are four in number, having a height of 43 feet, an extreme breadth of 14 feet, that of the hearth being 6 feet. They make 500 tons every week of the finest hot-blast iron.

A peculiar interest attaches to the first of these three pits, owing to its being the oldest mine still at work in this vicinity, though it dates no earlier than 1829, so recently has iron mining been resumed in this part of the district. Buckshraft was begun in 1835-7, and that at St. Annal's in 1849, each originating in the increasing demand for iron ore at the adjoining blast furnaces. They all descend to the same vein of red hematite, as well as to one common "level." This runs from one to the others, almost in a direct line two miles long. The shafts are severally 70, 160, and 221 yards deep.

Upwards of 36,000 tons of rich ore have been annually obtained from these iron mines for many years, leaving a transverse area of cavernous workings about 70 yards wide. But a far greater void was formed by the old miners, whose holes occur immediately above, and in which a few scattered tools have been discovered, left behind when operations were abruptly stopped in 1674, but not before the men had burrowed down some 150 yards.

The natural drainage of these mines being towards the Shake-mantle pit, a very powerful pumping engine has been put up there, capable of raising 250 gallons of water to the surface at every stroke.

As many as 250 hands are employed in working these valuable iron mines.

The Westbury-brook iron mine, so called from its situation near the head of that stream, is one of the most productive pits on the eastern side of the Forest basin.

It was begun about the year 1837, immediately below "the old men's workings." These proved to be remarkably extensive and searching, all the ore having been cleared out to a depth, in some places, of 160 yards. They were also found to contain many ancient mining implements, such as plank-ladders, shovels, helves, &c., all of ash, besides leather shoes and mattock heads, left behind probably when the iron furnaces of the district were suppressed in 1674.

Since 1843 this mine work has been very prosperously conducted by the agents of the Dowlais Iron Company, whither most of its ore is sent to be mixed and smelted with the ore there, much to the improvement of the iron so made.

Nearly 200 hands are employed at the Westbury-brook mine pit. The excavations run north and south for upwards of a mile and a half, their breadth averaging about 16 yards. They are reached by a shaft 186 yards deep, to the top of which a plunging pump raises 33 gallons of water at each stroke.

For several years past this iron mine has yielded many thousands of tons yearly of the finest red hematite ore. A steam-engine of 36 horse power brings it to the surface.

The Old Sling iron mine, begun in 1838, on the Clearwell Mean, has long been considered one of the principal mine works on the western edge of the Forest. Its chief access is by a shaft that descends 105 yards to where the deepest workings begin. These gradually rise, in accordance with the upward slope of the mine train, until they attain an area of about 20 acres, leaving some 33 acres unwrought above them, to where "the old men's workings" are reached. Such is the case about 50 yards below the surface, after they had worked over upwards of seven acres of the mine ore. These excavations were found to contain some ancient picks and wooden shovels tipped with iron, an addition not met with elsewhere, but rendered necessary in this instance by the harder nature of the matrix of the mine ore.

This iron mine has yielded for several years past 1,000 tons of red hematite ore per month, and employed nearly 100 hands.

Another remunerative iron mine, opened on the western side of the forest, is the Easter iron mine. It has three shafts sunk upon it, 100, 113, and 118 yards deep respectively. The first of these, and the only one in work, at which a light steam-engine of 14 horse power is used, communicates with "the old men's workings," though none of their tools have been found in them. About fifty men and boys are employed in this mine, from which upwards of 1,000 tons of ore are procured each month.

The table here appended, by the kind permission of the deputy gaveller, Mr. T. F. Brown, exhibits the proceeds of each of the Dean Forest Iron Mines during the years 1864-5:—



AN ACCOUNT OF IRON ORE RAISED IN DEAN FOREST AND HUNDRED OF ST. BRIAVEL'S FROM CHRISTMAS, 1863, TO CHRISTMAS, 1865.



NAME OF IRON Half-year Half-year Total. Half-year Half-year Total. MINE. ended Mid ended ended Mid ended Summer 1864. Christmas Summer 1865. Christmas 1864. 1865. Perseverance 5,199 4,217 9,416 5,742 7,126 12,868 and Findall New China 123 66 189 240 170 410 Level New Dun Pit 1,255 985 2,190 ... ... ... Buckshraft 21,400 18,370 39,770 22,245 23,882 46,127 Tingle's Mine 548 ... 548 ... 405 405 Level Crow's Nest 1,893 2,975 4,868 ... ... ... Old Ham 514 ... 514 89 456 545 Oakwood Mill 2,923 2,222 5,145 1,723 4,761 6,484 Westbury Brook 10,180 9,773 19,953 7,756 11,293 19,049 Old Sling 8,889 7,051 15,940 6,267 6,113 12,380 Easter 5,584 3,911 9,495 1,788 2,760 4,548 Yewtree 173 67 240 ... ... ... Dean's Meend 7,540 7,228 14,768 8,192 6,176 14,368 Clearwell 1,277 3,416 4,693 ... ... ... Shraves 731 364 1,095 367 186 558 Scar Pit 524 ... 524 ... ... ... Staunton ... ... ... 543 941 1,484 Wigpool ... ... ... ... 402 402 Scar Pit ... 488 488 ... ... ...

Forty other gales of iron ore have been awarded to various parties, and will no doubt be shortly opened.

No account of the production of iron in the Forest of Dean can be called complete which does not include some description of the "laws and privileges," the "customs and franchises" of the original operatives by whom the mine ore was obtained. As the miners themselves invariably refer to the "Book of Dennis" and the seventeen orders of their court of mine law for all authoritative information respecting their guild, or fraternity of free minership, the reader is furnished with the following summary of their contents.

Thus the first-named document begins by specifying the franchises of the mine locally and personally, meaning its liberties or privileges, as not to be trespassed against, and consisting apparently in this, that every man who possessed it, though it is not stated how, might, with the approval of the king's gaveller, dig for iron ore or coal where he pleased, not limiting him, as in later times, to the Hundred of St. Briavel's, but giving as his range the whole county south-west of Gloucester and as far south as the Severn. There was, too, a right of way awarded to every mine, although in certain cases "forbids" to sell might be declared.

One-third part of the profits of the undertaking belonged to the king, whose gaveller called at the works every Tuesday "between Mattens and Masse," and received one penny from each miner, the fellowship supplying the Crown with twelve charges of ore per week at twelve pence, or three charges of "sea coal" at one penny.

Timber was allowed for the use of the works above and below ground.

Only such persons as had been born and were abiding in the Forest were to frequent the mines, in working which the distance of a stone's throw was always to be kept, and property in them might be bequeathed.

The miners' clothes and light are mentioned, as likewise the standard measure called "bellis," and carts and waynes are prohibited.

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 documents 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, passing 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 constituted 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 space 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 assigned 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 document.

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] unto 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 Monmouths bridge and soe farr into 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 Miners [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 passeth 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 unto 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 any Smith {72d} have a Smithman at Karleton {72e} Newport or at Barkley then 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 unto 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 there the debtor before the Constable and his Clarke the Gaveller and the Miners and none other Folke to plead right but onely the Miners 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 have [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 into 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 Riverdeane [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 returne 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 there [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 Titulo

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} Hoare'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 cum 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 sex summas mineae quae vocantur 'Lawe ore.' Et dabit propter hoc operariis VI. denariis per septimanam."

{23} Chapter House Records.

{25a} Inquisition of 15 Edward III., Exchequer Records.

{25b} Fosbrooke's Gloucester, p. 44.

{25c} Book of Mine Law.

{28} Lansdowne MSS., No. 166, f. 365.

{31a} State Papers.

{31b} Ibid.

{31c} Ibid.

{31d} Ibid.

{32} State Papers.

{42a} State Paper Office, Domestic Series, No. 835, fos. 675-710.

{42b} Ibid., Domestic Series, Int., No. 816.

{42c} State Papers, Domestic Series.

{43} Brit. Mus., Harl. MS. 6839, fol. 332.

{46} State Papers, Domestic Series.

{47a} On similar principles, the eighth Order of the Free Miners' Court enacted that "no iron ore intended for Ireland should be shipped on the Severn or Wye for a less sum than 6s. 6d. for every dozen bushels."

{47b} Commissioners' Report of 1788.

{54} To these works Mr Thoresby alludes, in his diary, 7 Sept., 1694, recording that near Egremont he passed "by the iron mines, where we saw them working, and got some ore."

{61} There are other important Iron works at Tintern, Redbrook, &c., but it does not appear that Dean Forest iron is used at them.

{71a} It is difficult to explain the bold introduction of so important an insertion, unless we attribute it to the over-wisdom of some modern printer, who regarded Edward III. as the only excellent and redoubted prince of the Edwardian category.

{71b} These comprehensive limits mark an early age; but in mining matters they were hardly more than nominal—the mineral district comprising only a third of the land thus circumscribed.

{71c} The proximity of the Severn, and particularly the Wye, to the mine works of the age is here shown.

{71d} Printed "pichard," meaning, possibly, the Wye coracle.

{71e} The French word "gree," for agreement or composition, is familiar among our early poets and writers, and occurs in the old statutes.

{72a} In this and in several other passages of this document, "myne " is used for mineral or ore.

{72b} This word and its variations is technical, and is nearly equivalent to a prohibition or injunction.

{72c} This general liberty of mining, without apparent restriction as to surface ownership, is to be found in the earliest charters of the Stannaries, and was and still is extensively prevalent in Germany and elsewhere. The authorities are collected in Mr. Smirke's volume already referred to. It was this remarkable liberty that Lord Nelson noticed when visiting the Forest in 1802.

{72d} In very early times the smith ranked very high among artificers, and was honoured in proportion.

{72e} Probably carbon, old iron cinders, are still found at these places.

{72f} The gate being the spot where justice was administered, in accordance with remote practice.

{73a} Or Court of the Mine held in the castle.

{73b} "Tertia manu," with a third hand; that is, with three witnesses or compurgators.

{73c} In allusion to this rude and arbitrary process of distress, Mr. Smirke states that it is abundantly countenanced by ancient usage, especially in the Hartz Mines. Haltaus says—"Olim pignoris captio ex debitoris rebus moventibus diu privatorum arbitrio permissa."

{73d} The "cattle" here must not be understood as exclusively applicable to live stock, it refers to all personal "chattels" or goods.

{74a} However whimsical this claim may appear, observes Mr. Smirke, it is almost exactly paralleled in the law ascribed to Rob. I. of Scotland:—"Si debitor per vim a parte creditoris namos abstulerit, creditor cum secta vel huesis persequatur ablatorem."

{74b} A copy of the Holy Gospels was eventually used on such occasions.

{74c} This phrase, "to enquire the myne," Mr. Smirke considers of Latin origin, "libertatim inquirendi mineam"—in which language he thinks the whole of the document was probably first composed.

{75a} The German miners, Mr. Smirke says, enjoyed a similar liberty. See former liberty on this head.

{75b} According to Mr. Smirke, the corresponding demand made upon the Bergmeister, by the German miners, is equally imperative, unless conflicting claims are put in, when the first finder and not the first claimant is entitled to preference.

{75c} Mr. Smirke has discovered that a like obligation was imposed on the Irons, or Iron Miners, of the forests in the ancient Earldom of Namur. He very plausibly suggests that the appellation, "Verus," by which the Dean Forest Miners designate each other, is derived from the word Firon.

{75d} Mr. Smirke has traced the giving of similar doles in the ancient constitutions of the Miners of Bohemia, Saxony, and the Hartz.

{76a} The proportion of Profit to the Crown is found to vary in different places, sometimes being no more than a tenth part or even a twentieth or less. These provisions respecting the right of the lord of the soil, whether king or subject, have their counterparts in the old summary laws, which regulate the participation of the landowner in the discovery and working of mines; the droit de partage, or "mit-bauhalf," &c. of the German miners.

{76b} See the Regard of 10 Edw. I., &c., which contains a similar specification.

{77} The occurrence of these pre-Reformation terms, more especially the latter, proves the original of this document to be of earlier date than that event. The portion of the day, as thus defined, would seem to answer to our forenoon.

{78} An expression that indicates a Latin original—"judicium firmum et stabile remanebit in perpetuum absque ulla appellatione." No appeal or "calling" lies further. This appeal to successive inquests is remarkable. It resembles the process of reversing a verdict of twelve jurors by a verdict of twenty-four by the old writ of attaint. (See Blackst. Com, vol. iii.)

{79a} The German Miners Mr. Smirke found to possess these rights also. The tin-bounders of the Stannaries also bequeath their dormant liberty of mining, which is in Cornwall regarded as personal property, and passes to executors, and not to the heir.

{79b} This claim to timber, at least where the forest is a royal one, has also been generally admitted into the continental mine codes. King John granted it to the tinners of Devon and Cornwall, but such a grant is now inoperative except as against the Crown.

{80} The Mendip Miners are observed by Mr. Smirke to determine the intervening distance of their pits by a throw of "the hache" two ways, the miner standing up to the girdle in the mine groof. In Bohemia the arrow-flight fixes the limits of the work.

{81a} It is presumed that "winde" in this place, and "win" or "wyne" a little further on, is the same word, viz., "win," and refers to the area or space round the pit which circumscribes the working ground of the miner, within which he is to win his ore.

{81b} An original and local word. It seems to be allied to drill a hole. (I do not think the word strictly local. Thrull, drill, thrill, thirl, and thurl, are all current elsewhere—all from Saxon [Greek text].)

{82} Of course there should be forty-eight signatures, as appended, doubtless, to the original document. Probably some of them had become illegible, and therefore were omitted altogether by the copyist of 1673.

THE END