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out of the said Forest any wood, timber, mine ore, or cinders, without consent of the said Earl, except such timber as should be used for his Majesty's shipping." The Earl obtained, on the 13th June of the same year, a grant of "the lordship, manor, town, and castle of St. Briavel's, and all the Forest of Dean with the appurtenances, and all lands, mines, and quarries belonging thereto, except all great trees, wood, and underwood, to hold for forty years at the yearly rent of 83 pounds 18s. 4d., and an increase rent of 3 pounds 8d." It appears that, soon after these leases were granted, the miners, hitherto accustomed to dig for ore in the Forest, resumed their work without the Earl's consent, and an information was filed against some of them by the Attorney-General. Upon this, an order, dated 28th January, 1613, was made by the Court, "that those miners, and such others as had been accustomed to dig ore in the Forest, upon the humble submission for their offences, and acknowledgment that the soil was the King's, and that they had no interest therein, and upon their motion by counsel that they were poor, and had no other means of support, and praying to be continued in their employment, should be permitted, _out of charity and grace_, _and not of right_, to dig for mine ore and cinders, to be carried to his Majesty's iron-works, and not to any other place, at the accustomed rates; if the farmers of the King's iron-works should refuse to give those rates which, as well as the number of diggers, were to be ascertained by Commissioners to be named by the Court, that then they might sell the ore to others; but no new diggers were to be allowed, but only such poor men as were inhabitants of the said Forest." It was not intended that this order should always continue in force, but only until such time as the cause brought in the name of the foresters should be heard and determined. This, however, appears never to have been done, as no decree was obtained, probably from the miners considering it best to accept the terms offered, regarding the above order as a record in their favour, since it provided that "no new diggers were to be allowed, but only such poor men as were inhabitants of the said Forest;" a view, it may be remarked, agreeing with that which the free miners took in their memorial of 1833. {25} The cinders adverted to were the ashes or refuse left by a former race of iron manufacturers, whose skill was too
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