ury," to prevent which it directs that "no person shall be
permitted to sweare in his own cause unless it be for a matter
transacted underground, or where it was difficult to have any
witnesses;" nor shall any bargain be binding unless it be proved by
two witnesses.
All causes of debt or damage amounting to 40s. were to be heard on
both sides as in other courts, the verdict being given by a jury of
twelve miners; but in lesser causes by the Constable of the Court.
Provision was also made that "every defendant have twenty-four hours'
notice to provide for his defence," every witness being allowed 12p.
a-day, the fees of the Court remaining the same as before, all which,
as well as the defendant's time, the plaintiff losing the cause, or
being non-suited, had to pay. This "Order" also reduces the price of
ore for Ireland from 8s. to 5s. a dozen bushels, pitched at
Brockwere, or if at Wye's Green for 4s. ditto; fire-cole at 8s. a
dozen bushels; smith's-cole, 6s., and charking at 8s., "without
handing, thrusting, kicking, or knocking the same," under the usual
penalty. Eighteen miners out of the jury of forty-eight signed their
names themselves "to this Order," the remaining thirty only making
their marks.
The earliest particular recorded in the next century bears date 1701, on
the 27th January, in which year the _tenth_ Miners' Court of forty-eight
sat at Clearwell, before Serjeant Powlett and George Bond, Esq., deputies
to Charles Earl of Berkeley.
Its proceedings were as follows:--Certain temporary orders, dated the
12th March, 1699, and 11th November, 1700, regulating the loading of
horses and carts, forbidding any coal to be sent off by the river Wye
below Welch-Bicknor, authorizing the raising of money for paying the
costs of the miners' debts in law, securing the Records of their
Court, and making the present deputy constable of St. Briavel's
Castle a free miner, were confirmed and made perpetual. Mention is
also made for the first time of "the utmost seventy" being the
greatest number ever comprised in the miners' jury. The order
further directs that the Records of Mine-law, used at the hearing of
the suit in the Exchequer, be recorded, and put into a chest, to be
left in the custody of Francis Wyndham, Esq., whom the court had made
a free miner, and that in paying any of the costs
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