De Re Metallica, Translated from the First Latin Edition of 1556

by Georg Agricola

The boundary marks in use among miners formerly consisted only of stones, and from this their name was derived, for now the marks of a boundary are called "boundary stones." To-day a row of posts, made either of oak or pine, and strengthened at the top with iron rings to prevent them from being damaged, is fixed beside the boundary stones to make them more conspicuous. By this method in former times the boundaries of the fields were marked by stones or posts, not only as written of in the book "De Limitibus Agrorum,"[7] but also as testified to by the songs of the poets. Such then is the shape of the meers, varying in accordance with the different kinds of veins.

Now tunnels are of two sorts, one kind having no right of property, the other kind having some limited right. For when a miner in some particular locality is unable to open a vein on account of a great quantity of water, he runs a wide ditch, open at the top and three feet deep, starting on the slope and running up to the place where the vein is found. Through it the water flows off, so that the place is made dry and fit for digging. But if it is not sufficiently dried by this open ditch, or if a shaft which he has now for the first time begun to sink is suffering from overmuch water, he goes to the Bergmeister and asks that official to give him the right for a tunnel. Having obtained leave, he drives the tunnel, and into its drains all the water is diverted, so that the place or shaft is made fit for digging. If it is not seven fathoms from the surface of the earth to the bottom of this kind of tunnel, the owner possesses no rights except this one: namely, that the owners of the mines, from whose leases the owner of the tunnel extracts gold or silver, themselves pay him the sum he expends within their meer in driving the tunnel through it.

To a depth or height of three and a half fathoms above and below the mouth of the tunnel, no one is allowed to begin another tunnel. The reason for this is that this kind of a tunnel is liable to be changed into the other kind which has a complete right of property, when it drains the meers to a depth of seven fathoms, or to ten, according as the old custom in each place acquires the force of law. In such case this second kind of tunnel has the following right; in the first place, whatever metal the owner, or company owning it, finds in any meer through which it is driven, all belongs to the tunnel owner within a height or depth of one and a quarter fathoms. In the years which are not long passed, the owner of a tunnel possessed all the metal which a miner standing at the bottom of the tunnel touched with a bar, whose handle did not exceed the customary length; but nowadays a certain prescribed height and width is allowed to the owner of the tunnel, lest the owners of the mines be damaged, if the length of the bar be longer than usual. Further, every metal-yielding mine which is drained and supplied with ventilation by a tunnel, is taxed in the proportion of one-ninth for the benefit of the owner of the tunnel. But if several tunnels of this kind are driven through one mining area which is yielding metals, and all drain it and supply it with ventilation, then of the metal which is dug out from above the bottom of each tunnel, one-ninth is given to the owner of that tunnel; of that which is dug out below the bottom of each tunnel, one-ninth is in each case given to the owner of the tunnel which follows next in order below. But if the lower tunnel does not yet drain the shaft of that meer nor supply it with ventilation, then of the metal which is dug out below the bottom of the higher tunnel, one-ninth part is given to the owner of such upper tunnel. Moreover, no one tunnel deprives another of its right to one-ninth part, unless it be a lower one, from the bottom of which to the bottom of the one above must not be less than seven or ten fathoms, according as the king or prince has decreed. Further, of all the money which the owner of the tunnel has spent on his tunnel while driving it through a meer, the owner of that meer pays one-fourth part. If he does not do so he is not allowed to make use of the drains.

Finally, with regard to whatever veins are discovered by the owner at whose expense the tunnel is driven, the right of which has not been already awarded to anyone, on the application of such owner the Bergmeister grants him a right of a head-meer, or of a head-meer together with the next meer. Ancient custom gives the right for a tunnel to be driven in any direction for an unlimited length. Further, to-day he who commences a tunnel is given, on his application, not only the right over the tunnel, but even the head and sometimes the next meer also. In former days the owner of the tunnel obtained only so much ground as an arrow shot from the bow might cover, and he was allowed to pasture cattle therein. In a case where the shafts of several meers on some vein could not be worked on account of the great quantity of water, ancient custom also allowed the Bergmeister to grant the right of a large meer to anyone who would drive a tunnel. When, however, he had driven a tunnel as far as the old shafts and had found metal, he used to return to the Bergmeister and request him to bound and mark off the extent of his right to a meer.

But each of these early customs has been changed, and we now employ the new method.

I have spoken of tunnels; I will now speak about the division of ownership in mines and tunnels. One owner is allowed to possess and to work one, two, three, or more whole meers, or similarly one or more separate tunnels, provided he conforms to the decrees of the laws relating to metals, and to the orders of the Bergmeister. And because he alone provides the expenditure of money on the mines, if they yield metal he alone obtains the product from them. But when large and frequent expenditures are necessary in mining, he to whom the Bergmeister first gave the right often admits others to share with him, and they join with him in forming a company, and they each lay out a part of the expense and share with him the profit or loss of the mine. But the title of the mines or tunnels remains undivided, although for the purpose of dividing the expense and profit it may be said each mine or tunnel is divided into parts[8].

This division is made in various ways. A mine, and the same thing must be understood with regard to a tunnel, may be divided into two halves, that is into two similar portions, by which method two owners spend an equal amount on it and draw an equal profit from it, for each possesses one half. Sometimes it is divided into four shares, by which compact four persons can be owners, so that each possesses one-fourth, or also two persons, so that one possesses three-fourths, and the other only one-fourth; or three owners, so that the first has two-fourths, and the second and third one-fourth each. Sometimes it is divided into eight shares, by which plan there may be eight owners, so that each is possessor of one-eighth; sometimes there are two owners, so that one has five-sixths[9] together with one twenty-fourth, and the other one-eighth; or there may be three owners, in which one has three-quarters and the second and third each one-eighth; or it may be divided so that one owner has seven-twelfths, together with one twenty-fourth, a second owner has one-quarter, and a third owner has one-eighth; or so that the first has one-half, the second one-third and one twenty-fourth, and the third one-eighth; or so that the first has one-half, as before, and the second and third each one-quarter; or so that the first and second each have one-third and one twenty-fourth, and the third one-quarter; and in the same way the divisions may be adjusted in all the other proportions. The different ways of dividing the shares originate from the different proportions of ownership. Sometimes a mine is divided into sixteen parts, each of which is a twenty-fourth and a forty-eighth; or it may be divided into thirty-two parts, each of which is a forty-eighth and half a seventy-second and a two hundred and eighty-eighth; or into sixty-four parts of which each share is one seventy-second and one five hundred and seventy-sixth; or finally, into one hundred and twenty-eight parts, any one of which is half a seventy-second and half of one five hundred and seventy-sixth.

Now an iron mine either remains undivided or is divided into two, four, or occasionally more shares, which depends on the excellence of the veins. But a lead, bismuth, or tin mine, and likewise one of copper or even quicksilver, is also divided into eight shares, or into sixteen or thirty-two, and less commonly into sixty-four. The number of the divisions of the silver mines at Freiberg in Meissen did not formerly progress beyond this; but within the memory of our fathers, miners have divided a silver mine, and similarly the tunnel at Schneeberg, first of all into one hundred and twenty-eight shares, of which one hundred and twenty-six are the property of private owners in the mines or tunnels, one belongs to the State and one to the Church; while in Joachimsthal only one hundred and twenty-two shares of the mines or tunnels are the property of private owners, four are proprietary shares, and the State and Church each have one in the same way. To these there has lately been added in some places one share for the most needy of the population, which makes one hundred and twenty-nine shares. It is only the private owners of mines who pay contributions. A proprietary holder, though he holds as many as four shares such as I have described, does not pay contributions, but gratuitiously supplies the owners of the mines with sufficient wood from his forests for timbering, machinery, buildings, and smelting; nor do those belonging to the State, Church, and the poor pay contributions, but the proceeds are used to build or repair public works and sacred buildings, and to support the most needy with the profits which they draw from the mines. Furthermore, in our State, the one hundred and twenty-eighth share has begun to be divided into two, four, or eight parts, or even into three, six, twelve, or smaller parts. This is done when one mine is created out of two, for then the owner who formerly possessed one-half becomes owner of one-fourth; he who possessed one-fourth, of one-eighth; he who possessed one-third, of one-sixth; he who possessed one-sixth, of one-twelfth. Since our countrymen call a mine a symposium, that is, a drinking bout, we are accustomed to call the money which the owners subscribe a symbolum, or a contribution[10]. For, just as those who go to a banquet (symposium) give contributions (symbola), so those who purpose making large profits from mining are accustomed to contribute toward the expenditure. However, the manager of the mine assesses the contributions of the owners annually, or for the most part quarterly, and as often he renders an account of receipts and expenses. At Freiberg in Meissen the old practice was for the manager to exact a contribution from the owners every week, and every week to distribute among them the profits of the mines, but this practice during almost the last fifteen years has been so far changed that contribution and distribution are made four[11] times each year. Large or small contributions are imposed according to the number of workmen which the mine or tunnel requires; as a result, those who possess many shares provide many contributions. Four times a year the owners contribute to the cost, and four times during the year the profits of the mines are distributed among them; these are sometimes large, sometimes small, according as there is more or less gold or silver or other metal dug out. Indeed, from the St. George mine in Schneeberg the miners extracted so much silver in a quarter of a year that silver cakes, which were worth 1,100 Rhenish guldens, were distributed to each one hundred and twenty-eighth share. From the Annaberg mine which is known as the Himmelisch Höz, they had a dole of eight hundred thaler; from a mine in Joachimsthal which is named the Sternen, three hundred thaler; from the head mine at Abertham, which is called St. Lorentz, two hundred and twenty-five thaler[12]. The more shares of which any individual is owner the more profits he takes.

I will now explain how the owners may lose or obtain the right over a mine, or a tunnel, or a share. Formerly, if anyone was able to prove by witnesses that the owners had failed to send miners for three continuous shifts[13], the Bergmeister deprived them of their right over the mine, and gave the right over it to the informer, if he desired it. But although miners preserve this custom to-day, still mining share owners who have paid their contributions do not lose their right over their mines against their will. Formerly, if water which had not been drawn off from the higher shaft of some mine percolated through a vein or stringer into the shaft of another mine and impeded their work, then the owners of the mine which suffered the damage went to the Bergmeister and complained of the loss, and he sent to the shafts two Jurors. If they found that matters were as claimed, the right over the mine which caused the injury was given to the owners who suffered the injury. But this custom in certain places has been changed, for the Bergmeister, if he finds this condition of things proved in the case of two shafts, orders the owners of the shaft which causes the injury to contribute part of the expense to the owners of the shaft which receives the injury; if they fail to do so, he then deprives them of their right over their mine; on the other hand, if the owners send men to the workings to dig and draw off the water from the shafts, they keep their right over their mine. Formerly owners used to obtain a right over any tunnel, firstly, if in its bottom they made drains and cleansed them of mud and sand so that the water might flow out without any hindrance, and restored those drains which had been damaged; secondly, if they provided shafts or openings to supply the miners with air, and restored those which had fallen in; and finally, if three miners were employed continuously in driving the tunnel. But the principal reason for losing the title to a tunnel was that for a period of eight days no miner was employed upon it; therefore, when anyone was able to prove by witnesses that the owners of a tunnel had not done these things, he brought his accusation before the Bergmeister, who, after going out from the town to the tunnel and inspecting the drains and the ventilating machines and everything else, and finding the charge to be true, placed the witness under oath, and asked him: "Whose tunnel is this at the present time?" The witness would reply: "The King's" or "The Prince's." Thereupon the Bergmeister gave the right over the tunnel to the first applicant. This was the severe rule under which the owners at one time lost their rights over a tunnel; but its severity is now considerably mitigated, for the owners do not now forthwith lose their right over a tunnel through not having cleaned out the drains and restored the shafts or ventilation holes which have suffered damage; but the Bergmeister orders the tunnel manager to do it, and if he does not obey, the authorities fine the tunnel. Also it is sufficient for one miner to be engaged in driving the tunnel. Moreover, if the owner of a tunnel sets boundaries at a fixed spot in the rocks and stops driving the tunnel, he may obtain a right over it so far as he has gone, provided the drains are cleaned out and ventilation holes are kept in repair. But any other owner is allowed to start from the established mark and drive the tunnel further, if he pays the former owners of the tunnel as much money every three months as the Bergmeister decides ought to be paid.