Another suit, dated 20th January, 1753, is also subjoined:—
“William Dukes and his vernes, plaintiffs, against William Keare and his vernes, defendants.
“We complain against William Keare and his vernes for wrongfully forbidding us out of a stone coal work, called the Gentlemen Colliers, within the Hundred of St Briavels, that we should not get any coal of the deep side of our former work, which coal our levell drains, and ours being the most ancient level. We leave this to the best evidence.We have attended the place, and burned our light, according to our laws and customs, and through this wrong forbidd we are dampnified five pounds. And whereas several forbidds have been given before, we, the aforesaid plaintiffs and defendants, left the same to the determination of Charles Godwin and Richard James, and we the said plaintiffs have duly observed the said determination, and that the said defendants have gone contrary to an order made by 48 free miners in getting of coal that our levell would have drained, and have dampnified our levell, whereby they have forfeited the penalty of the said Order. And this we will prove by evidence, and the damages in getting coal we will leave to the Order in Ct.
“We deny the forbid given to him or his vernes. We forbidd them in getting any coal betwixt our work and theirs, except their levell could dry it fairly. There was an agreement betwixt us, and they went contrary to the agreement, and this we will prove ourselves and by witnesses.”
Here is a copy of an Agreement, resembling no doubt the one mentioned above:—
“August the 8th.—In the ear of our Lord 1754. Aun award, or an Agreement, made by Richard Powell, John Jenkins, Wm Thomas, Thos Worgan, and James Elsmore, betwixt James Bennet and his vearns, belonging to a coale work called by the name off Upper Rockey, and
Robert Tingle and his vearnes, belonging to the Inging Coale Work near the Nail Bridge, within the Hunderd of Saint Bravewells; and we have farther agreed that the fore said James Bennet and his vearns shall have the liberty of getting what coale their leavel will dry without being interrupted, but they shall not get coale by the strength of hauling or laveing of water within the bounds of Robert Tingle and his vearns, except to drowl their work, under the forfet of the sum of five pounds; and we do farther agree that Robert Tingle and his vearns shall com in at any time to see if they do carry on their work in a proper manner without trespassing them; and if the foresaid James Bennet and his vearns do interrupt them for comming in to see their work, they shall forfeit the sum of five pounds. And we do order the partys to stand to their expenses share share alike, and the viewers to be paid between both partys, which his fifteen shillings.
“The mark of X Richd Powell.
“The mark of X John Jenkins.
“The mark of X James Elsmore.