the commissioners deplore the unfavourable
change which had subsequently taken place, we may contrast the state into
which the Forest had then fallen, with its present condition, so much
more hopeful and lucrative than it had been at that the brightest period
of its past history. There are no public documents relating to this
Forest to be met with for many years from this time; indeed it is hardly
ever mentioned in the book of the Surveyor-General of the Crown lands,
which only contained warrants for felling timber for the navy or for
sale. The produce was for the most part directed to be applied to the
repairing of lodges, roads, or fences, or the payment of salaries to
officers, or fee-gifts from the Crown. The proceedings of the Court of
the Miners, on the contrary, remain recorded, and serve to fill up the
interval. They show that one was held at the Speech-house on the 7th of
January, 1717, before Richard Machen and William James, Esqrs., deputies.
By it a 6d. levy was made on every miner, and on every working horse,
towards meeting any law expenses which the Society of Miners might
incur in defending their rights; and should more money be required,
authorizing a jury of only twelve miners, with the consent of the two
deputy-constables, to order the paying of the same. It further
imposed a fine of upwards of 30 pounds on any miner who should sue
another respecting any matter relating to the mine in any other
court. It also constituted the Honourable Matthew Ducie Morton,
Thomas Gage, John Wyndham, Richard Machen, William James, and
Christopher Bond, Esqrs., free miners, "out of the due and great
respect, honour, and esteem borne towards them." We need not call in
question the truthfulness of such protestations; but doubtless, had
these worthy miners perceived the inconsistency of such admissions,
they would not have so readily dispensed with the ancient regulation
which restricted the fellowship of the mine to those who had worked
therein. They were well intended at the time, but long afterwards
weakened in a legal point of view the free miners' rights. This
"Order" exhibits only eleven original signatures, the thirty-seven
other jurymen making their marks.
Only two years intervened between the holding of the Court just
mentioned, and the one which followed it, held at the Speech House, on
10th November, 1719, before Richard Mac
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