MENDIP MINES.
To the Editor.
Sir,—The very great entertainment I have derived from your Every-Day Book induces me to contribute to your present publication, if you consider the accompanying copy from an old record merits a place in the Table Book. It formed part of a brief held by counsel in a cause, “Hembury and Day,” tried at Taunton assizes in 1820. On referring to the papers I find that the present Mr. justice Gaselee was the counsel employed. Some of these old Mendip laws are recognised in “Collinson’s History of Somersetshire.”
I am,
Your very obedient servant,
John Pinchard.
Taunton, August 24, 1827.
Laws and Orders of the Mendip Miners.
Be it known that this is a true Copy of the Enrollment in the King’s Exchequer in the time of King Edward the Fourth, of a dispute that was in the County of Somerset, Between the Lord Bonfield and the tenants of Chewton and the prior of Green Oare; the said prior complaining unto the King of great injuries and wrongs that he had upon Mendip, being the King’s Forrest. The said King Edward, commanded the lord Chock the lord Chief Justice of England to go down into the County of Somerset, to Mendipp, and sit in concord and Peace in the said County concerning Mendipp upon pain of high displeasure. The said Lord Chock sate upon Mendipp on a place of my Lord’s of Bath, called the Forge, Whereas he commanded all the Commoners to appear, and especially the four Lords Royal of Mendipp (that is to say) the Bishop of Bath, my Lord of Glaston, my Lord of Bonfield, the Lord of Chewton, and my Lord of Richmond, with all the appearance to the Number of ten Thousand people. A Proclamation was made to enquire of all the company how they would be ordered. Then they with one consent made answer, That they would be Ordered and tryed by the four Lords of the Royalties. And then the four Lords Royal were agreed, that the Commoners of Mendipp should hem out their outlets as much the Summer as they be able to Winter, without hounding or pounding upon whose ground soever they went to take their course and recourse, to which the four Lords Royal did put their Seals, and were also agreed that whosoever should break the said Bonds should forfeit to the King 1000 Marks, and all the Commoners their Bodies and goods to be at the King’s pleasure or command that doeth either hound or pound.———
The old Ancient Occupation of Miners upon Mendipp, being the King’s Forrest within the County of Somerset one of the four Staples of England which have been Exercised, used and continued through the said Forrest of Mendipp from the time whereof no Man living hath no memory; as hereafter doth particularly ensue the Order;
First. That, if any man whatsoever he be that doeth intend to venture his Life to be a Workman in the said Occupation, he must first of all crave licence of the Lords of the Soyle where he doth purpose to work, and in his absence of his said Officers, as the lead-reave or Bailiff, and the lord, neither his Bailiffs can deny him.
2d Item. That, after the first Licence had, the Workman shall never need to ask leave again, but to be at his free will to pitch within the Forrest, and to break the ground where and in what place it shall please him, to his behalf and profit, using himself justly and truly.
3d Item. If any doth begin to pitch or groof he shall heave his hacks through two ways after the Rate.—Note, that he that throw the hack must stand to the Girdle or Waste in the same Groof, and then no Man shall or may work within his hack’s throwe: provided always, that no man shall or can keep but his wet, and dry Groof, and his Mark—
4th Item. That, when a Workman have landed his Oare, he may carry the same, to cleansing or blowing, to what Minery it shall please him, for the speedy making out of the same, so that he doth truly pay the lord of the Soyle, where it was landed, his due, which is the Tenth part thereof—
5th Item. That if any Lord or Officer hath once given licence to any Man to build, or set up an hearth, or Washing-house, to wash, cleanse or blow the Oare, He that once hath leave shall keep it for ever, or give it to whom he will, so that he doth justly pay his Lot-lead, which is the Tenth pound which shall be blown at the Hearth or hearths, and also that he doth keep it Tenantable, as the Custom doth require—
6th Item. That, if any of that Occupation doth pick or steal any lead or Oare to the value of thirteen-pence halfpenny[486] the lord or his Officer may Arrest all his Lead-works, house and hearth, with all his Groofs and Works, and keep them as safely for his own Use; and shall take the person that hath so offended, and bring him where his house is, or his work, and all his Tools or Instruments which to the Occupation belongs, as he useth, and put him into the said house, and set Fire on all together about him, and banish him from that Occupation before the Miners for ever—
7th Item. That, if ever that person do pick or Steal there any more, he shall be tryed by the Common Law, for this Custom and Law hath noe more to do with him—
8th Item. That every Lord of Soyle or Soyles ought to keep two Mynedrie Courts by the year, and to swear twelve Men or more of the same occupation, for the orders of all Misdemeanours and wrongs touching the Mynedries.
9th Item. The Lord, or Lords, may make three manner of Arrests, (that is to say) ye first is for strife between man and man, for their workes under the Earth, &c.; the second is for his own duty, for Lead or Oare, wheresoever he find it within the said Forrest; the third is upon felon’s goods of the same occupation, wheresoever he find it within the same Hill, &c.—
10th Item. That, if any Man, by means of Misfortune take his Death, as by falling of the Earth upon him, by drawing or Stifling, or otherwise, as in time past many have been, the Workmen of the same Occupation are bound to fetch him out of the Earth, and to bring him to Christian burial, at their own Costs and Charges, although he be Forty Fathoms under the Earth, as heretofore hath been done; and the Coroner, or any Officer at large, shall not have to do with him in any respect.
[486] Thirteen-pence halfpenny. This particular sum is the subject of an [article] immediately ensuing the present.