by being kept discharged from all claims;"
that "although miners and quarrymen had been long permitted to dig where
they pleased, yet that they could not prove their right to do so; and as
to coal-works, any such claims were unknown, much less any liberty of
cutting his Majesty's woods for the support thereof; and the same ought
to be totally suppressed, and would be so by a good officer, as Colonel
Wade was in the time of the Usurpation, and that only by the Forest Law,
and the ordinary authority of a Justice of Peace." It is not unlikely
that in the last observation a hint was intended to be given to Sir
Baynham Throckmorton, lest he should compromise his independent position
with the colliers in the Forest by publicly accepting, as he had done the
year before at their Mine Law Court, "their thankfull acknowledgment of
the many favors received by them from him," in return for which they
agreed that, when he "should send his own horses or waynes to any of the
colepitts for cole, the miners shall presently seame and load them before
any other person whatever."
Passing over an interval of three years, we come to the date of the
_third_ of the Mine Law Courts, held on the 8th September, 1678, at
"Clowerwall," before Sir Baynham Throckmorton, &c., whose favour it shows
the free-miners were most anxious to preserve, since, upon understanding
that the former order of 1668, forbidding any foreigner to convey or
deliver minerals, had proved prejudicial to him and his friends and
tenants, they now revoked the same, allowing any foreigner to carry fire
or lime coal for his own use; besides which, they constituted the Marquis
of Worcester, the then Constable of St. Briavel's Castle, as well as Sir
Baynham Throckmorton, his Deputy, "free miners to all intents and
purposes."
This same Court decided that "the Winchester bushell, three of which
were to make a barrell," should be the constant measure for "iron ore
and coale," 4d. being the smallest price allowed to be taken for "a
barrell of fire coale." Pits having become numerous, they decreed
that "none should presume to sink a pit within 100 yards of one
already made without the consent of the undertakers, under a penalty
of 100 dozen of good fire coale" (which is the earliest regulation
for protecting coal-works). Lastly, six "barganers" were to fix the
price at which iron ore should be sold or carried to the different
works. The na
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