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

by Georg Agricola

There remain for discussion, the shares in the mines and tunnels. Formerly if anybody conveyed these shares to anyone else, and the latter had once paid his contribution, the seller[14] was bound to stand by his bargain, and this custom to-day has the force of law. But if the seller denied that the contribution had been paid, while the buyer of the shares declared that he could prove by witnesses that he had paid his contribution to the other proprietors, and a case arose for trial, then the evidence of the other proprietors carried more weight than the oath of the seller. To-day the buyer of the shares proves that he has paid his contribution by a document which the mine or tunnel manager always gives each one; if the buyer has contributed no money there is no obligation on the seller to keep his bargain. Formerly, as I have said above, the proprietors used to contribute money weekly, but now contributions are paid four times each year. To-day, if for the space of a month anyone does not take proceedings against the seller of the shares for the contribution, the right of taking proceedings is lost. But when the Clerk has already entered on the register the shares which had been conveyed or bought, none of the owners loses his right over the share unless the money is not contributed which the manager of the mine or tunnel has demanded from the owner or his agent. Formerly, if on the application of the manager the owner or his agent did not pay, the matter was referred to the Bergmeister, who ordered the owner or his agent to make his contribution; then if he failed to contribute for three successive weeks, the Bergmeister gave the right to his shares to the first applicant. To-day this custom is unchanged, for if owners fail for the space of a month to pay the contributions which the manager of the mine has imposed on them, on a stated day their names are proclaimed aloud and struck off the list of owners, in the presence of the Bergmeister, the Jurors, the Mining Clerk, and the Share Clerk, and each of such shares is entered on the proscribed list. If, however, on the third, or at latest the fourth day, they pay their contributions to the manager of the mine or tunnel, and pay the money which is due from them to the Share Clerk, he removes their shares from the proscribed list. They are not thereupon restored to their former position unless the other owners consent; in which respect the custom now in use differs from the old practice, for to-day if the owners of shares constituting anything over half the mine consent to the restoration of those who have been proscribed, the others are obliged to consent whether they wish to or not. Formerly, unless such restoration had been sanctioned by the approval of the owners of one hundred shares, those who had been proscribed were not restored to their former position.

The procedure in suits relating to shares was formerly as follows: he who instituted a suit and took legal proceedings against another in respect of the shares, used to make a formal charge against the accused possessor before the Bergmeister. This was done either at his house or in some public place or at the mines, once each day for three days if the shares belonged to an old mine, and three times in eight days if they belonged to a head-meer. But if he could not find the possessor of the shares in these places, it was valid and effectual to make the accusation against him at the house of the Bergmeister. When, however, he made the charge for the third time, he used to bring with him a notary, whom the Bergmeister would interrogate: "Have I earned the fee?" and who would respond: "You have earned it"; thereupon the Bergmeister would give the right over the shares to him who made the accusation, and the accuser in turn would pay down the customary fee to the Bergmeister. After these proceedings, if the man whom the Bergmeister had deprived of his shares dwelt in the city, one of the proprietors of the mine or of the head-mine was sent to him to acquaint him with the facts, but if he dwelt elsewhere proclamation was made in some public place, or at the mine, openly and in a loud voice in the hearing of numbers of miners. Nowadays a date is defined for the one who is answerable for the debt of shares or money, and information is given the accused by an official if he is near at hand, or if he is absent, a letter is sent him; nor is the right over his shares taken from anyone for the space of one and a half months. So much for these matters.

Now, before I deal with the methods which must be employed in working, I will speak of the duties of the Mining Prefect, the Bergmeister, the Jurors, the Mining Clerk, the Share Clerk, the manager of the mine or tunnel, the foreman of the mine or tunnel, and the workmen.

To the Mining Prefect, whom the King or Prince appoints as his deputy, all men of all races, ages, and rank, give obedience and submission. He governs and regulates everything at his discretion, ordering those things which are useful and advantageous in mining operations, and prohibiting those which are to the contrary. He levies penalties and punishes offenders; he arranges disputes which the Bergmeister has been unable to settle, and if even he cannot arrange them, he allows the owners who are at variance over some point to proceed to litigation; he even lays down the law, gives orders as a magistrate, or bids them leave their rights in abeyance, and he determines the pay of persons who hold any post or office. He is present in person when the mine managers present their quarterly accounts of profits and expenses, and generally represents the King or Prince and upholds his dignity. The Athenians in this way set Thucydides, the famous historian, over the mines of Thasos[15].

Next in power to the Mining Prefect comes the Bergmeister, since he has jurisdiction over all who are connected with mines, with a few exceptions, which are the Tithe Gatherer, the Cashier, the Silver Refiner, the Master of the Mint, and the Coiners themselves. Fraudulent, negligent, or dissolute men he either throws into prison, or deprives of promotion, or fines; of these fines, part is given as a tribute to those in power. When the mine owners have a dispute over boundaries he arbitrates it; or if he cannot settle the dispute, he pronounces judgment jointly with the Jurors; from them, however, an appeal lies to the Mining Prefect. He transcribes his decrees in a book and sets up the records in public. It is also his duty to grant the right over the mines to those who apply, and to confirm their rights; he also must measure the mines, and fix their boundaries, and see that the mine workings are not allowed to become dangerous. Some of these duties he observes on fixed days; for on Wednesday in the presence of the Jurors he confirms the rights over the mines which he has granted, settles disputes about boundaries, and pronounces judgments. On Mondays, Tuesdays, Thursdays, and Fridays, he rides up to the mines, and dismounting at some of them explains what is required to be done, or considers the boundaries which are under controversy. On Saturday all the mine managers and mine foremen render an account of the money which they have spent on the mines during the preceding week, and the Mining Clerk transcribes this account into the register of expenses. Formerly, for one Principality there was one Bergmeister, who used to create all the judges and exercise jurisdiction and control over them; for every mine had its own judge, just as to-day each locality has a Bergmeister in his place, the name alone being changed. To this ancient Bergmeister, who used to dwell at Freiberg in Meissen, disputes were referred; hence right up to the present time the one at Freiberg still has the power of pronouncing judgment when mine owners who are engaged in disputes among themselves appeal to him. The old Bergmeister could try everything which was presented to him in any mine whatsoever; whereas the judge could only try the things which were done in his own district, in the same way that every modern Bergmeister can.

To each Bergmeister is attached a clerk, who writes out a schedule signifying to the applicant for a right over a mine, the day and hour on which the right is granted, the name of the applicant, and the location of the mine. He also affixes at the entrance to the mine, quarterly, at the appointed time, a sheet of paper on which is shown how much contribution must be paid to the manager of the mine. These notices are prepared jointly with the Mining Clerk, and in common they receive the fee rendered by the foremen of the separate mines.

I now come to the Jurors, who are men experienced in mining matters and of good repute. Their number is greater or less as there are few or more mines; thus if there are ten mines there will be five pairs of Jurors, like a decemviral college[16]. Into however many divisions the total number of mines has been divided, so many divisions has the body of Jurors; each pair of Jurors usually visits some of the mines whose administration is under their supervision on every day that workmen are employed; it is usually so arranged that they visit all the mines in the space of fourteen days. They inspect and consider all details, and deliberate and consult with the mine foreman on matters relating to the underground workings, machinery, timbering, and everything else. They also jointly with the mine foreman from time to time make the price per fathom to the workmen for mining the ore, fixing it at a high or low price, according to whether the rock is hard or soft; if, however, the contractors find that an unforeseen and unexpected hardness occurs, and for that reason have difficulty and delay in carrying out their work, the Jurors allow them something in excess of the price fixed; while if there is a softness by reason of water, and the work is done more easily and quickly, they deduct something from the price. Further, if the Jurors discover manifest negligence or fraud on the part of any foreman or workman, they first admonish or reprimand him as to his duties and obligations, and if he does not become more diligent and improve, the matter is reported to the Bergmeister, who by right of his authority deprives such persons of their functions and office, or, if they have committed a crime, throws them into prison. Lastly, because the Jurors have been given to the Bergmeister as councillors and advisors, in their absence he does not confirm the right over any mine, nor measure the mines, nor fix their boundaries, nor settle disputes about boundaries, nor pronounce judgment, nor, finally, does he without them listen to any account of profits and expenditure.

Now the Mining Clerk enters each mine in his books, the new mines in one book, the old mines which have been re-opened in another. This is done in the following way: first is written the name of the man who has applied for the right over the mine, then the day and hour on which he made his application, then the vein and the locality in which it is situated, next the conditions on which the right has been given, and lastly, the day on which the Bergmeister confirmed it. A document containing all these particulars is also given to the person whose right over a mine has been confirmed. The Mining Clerk also sets down in another book the names of the owners of each mine over which the right has been confirmed; in another any intermission of work permitted to any person for certain reasons by the Bergmeister; in another the money which one mine supplies to another for drawing off water or making machinery; and in another the decisions of the Bergmeister and the Jurors, and the disputes settled by them as honorary arbitrators. All these matters he enters in the books on Wednesday of every week; if holidays fall on that day he does it on the following Thursday. Every Saturday he enters in another book the total expenses of the preceding week, the account of which the mine manager has rendered; but the total quarterly expenses of each mine manager, he enters in a special book at his own convenience. He enters similarly in another book a list of owners who have been proscribed. Lastly, that no one may be able to bring a charge of falsification against him, all these books are enclosed in a chest with two locks, the key of one of which is kept by the Mining Clerk, and of the other by the Bergmeister.

The Share Clerk enters in a book the owners of each mine whom the first finder of the vein names to him, and from time to time replaces the names of the sellers with those of the buyers of the shares. It sometimes happens that twenty or more owners come into the possession of some particular share. Unless, however, the seller is present, or has sent a letter to the Mining Clerk with his seal, or better still with the seal of the Mayor of the town where he dwells, his name is not replaced by that of anyone else; for if the Share Clerk is not sufficiently cautious, the law requires him to restore the late owner wholly to his former position. He writes out a fresh document, and in this way gives proof of possession. Four times a year, when the accounts of the quarterly expenditure are rendered, he names the new proprietors to the manager of each mine, that the manager may know from whom he should demand contributions and among whom to distribute the profits of the mines. For this work the mine manager pays the Clerk a fixed fee.

I will now speak of the duties of the mine manager. In the case of the owners of every mine which is not yielding metal, the manager announces to the proprietors their contributions in a document which is affixed to the doors of the town hall, such contributions being large or small, according as the Bergmeister and two Jurors determine. If anyone fails to pay these contributions for the space of a month, the manager removes their names from the list of owners, and makes their shares the common property of the other proprietors. And so, whomsoever the mine manager names as not having paid his contribution, that same man the Mining Clerk designates in writing, and so also does the Share Clerk. Of the contribution, the mine manager applies part to the payment of the foreman and workmen, and lays by a part to purchase at the lowest price the necessary things for the mine, such as iron tools, nails, firewood, planks, buckets, drawing-ropes, or grease. But in the case of a mine which is yielding metal, the Tithe-gatherer pays the mine manager week by week as much money as suffices to discharge the workmen's wages and to provide the necessary implements for mining. The mine manager of each mine also, in the presence of its foreman, on Saturday in each week renders an account of his expenses to the Bergmeister and the Jurors, he renders an account of his receipts, whether the money has been contributed by the owners or taken from the Tithe-gatherer; and of his quarterly expenditure in the same way to them and to the Mining Prefect and to the Mining Clerk, four times a year at the appointed time; for just as there are four seasons of the year, namely, Spring, Summer, Autumn, and Winter, so there are fourfold accounts of profits and expenses. In the beginning of the first month of each quarter an account is rendered of the money which the manager has spent on the mine during the previous quarter, then of the profit which he has taken from it during the same period; for example, the account which is rendered at the beginning of spring is an account of all the profits and expenses of each separate week of winter, which have been entered by the Mining Clerk in the book of accounts. If the manager has spent the money of the proprietors advantageously in the mine and has faithfully looked after it, everyone praises him as a diligent and honest man; if through ignorance in these matters he has caused loss, he is generally deprived of his office; if by his carelessness and negligence the owners have suffered loss, the Bergmeister compels him to make good the loss; and finally, if he has been guilty of fraud or theft, he is punished with fine, prison, or death. Further, it is the business of the manager to see that the foreman of the mine is present at the beginning and end of the shifts, that he digs the ore in an advantageous manner, and makes the required timbering, machines, and drains. The manager also makes the deductions from the pay of the workmen whom the foreman has noted as negligent. Next, if the mine is rich in metal, the manager must see that its ore-house is closed on those days on which no work is performed; and if it is a rich vein of gold or silver, he sees that the miners promptly transfer the output from the shaft or tunnel into a chest or into the strong room next to the house where the foreman dwells, that no opportunity for theft may be given to dishonest persons. This duty he shares in common with the foreman, but the one which follows is peculiarly his own. When ore is smelted he is present in person, and watches that the smelting is performed carefully and advantageously. If from it gold or silver is melted out, when it is melted in the cupellation furnace he enters the weight of it in his books and carries it to the Tithe-gatherer, who similarly writes a note of its weight in his books; it is then conveyed to the refiner. When it has been brought back, both the Tithe-gatherer and manager again enter its weight in their books. Why again? Because he looks after the goods of the owners just as if they were his own. Now the laws which relate to mining permit a manager to have charge of more than one mine, but in the case of mines yielding gold or silver, to have charge of only two. If, however, several mines following the head-mine begin to produce metal, he remains in charge of these others until he is freed from the duty of looking after them by the Bergmeister. Last of all, the manager, the Bergmeister, and the two Jurors, in agreement with the owners, settle the remuneration for the labourers. Enough of the duties and occupation of the manager.