286 MINUTES, ETC, OF COURT OF MINE LAW App VI the penalty of an Order made by John Robinson,&c., forty-eight free miners. } deputy gaveller.” THE “Dated this 22d day of May, 1775. In the terms of a Memorandum, apparently of this date, or FOREST OF DEAN; perhaps earlier, it is said: — “The place of gaveler within the Forest of Dean is285 held by AN HISTORICAL AND DESCRIPTIVE ACCOUNT, patent from the Crown, & by vertue of his office the gaveler hath a right to put a man to work in every coalwork or work DERIVED FROM PERSONAL OBSERVATION, AND for iron mine within the limitts of the Forest, or within any OTHER SOURCES, PUBLIC, PRIVATE, LEGENDARY, private person’s property in the hundred of St Briavels (but AND LOCAL. not in any stone quarry that is belonging to Ld Berkeley). This right the gaveler never makes use of by setting his man to work in the mine pitt or coalwork, but lets it out to the partners of the work at such price as he can agree for, which is from twenty shillings to three pounds a work.” Effigy of a Forest Free Miner, reduced from a brass of the 15th century in Newland Church. By H. G. NICHOLLS, M.A., PERPETUAL CURATE OF HOLY TRINITY, DEAN FOREST. John Murray, Albemarle Street. 1858. App VI MINUTES, ETC, OF COURT OF MINE LAW 285 award, or an Agreement, made by Richard Powell, John Jenkins, Wm Thomas, ThosWorgan, and James Elsmore, betwixt James Bennet and his vearns, belonging to a coale work called by the name off Upper Rockey, and284 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. “The mark of X Wm Thomas. “The mark of X Thos Worgan.” The following is a specimen of an official “Forbid:” — “Thomas Hobbs. I do hereby, in his Majesty King George the Third’s name, being owner and chief gaveller of his Majesty’s Forest of Dean, in the county of Gloucester, and of the coal and mines therein, forbid you, your verns, your servants, agents, or workmen, for getting, diging, or raising any more stone coal out of any fire pitt or pitts, or water pitt or pitts, a deep the Majors suff level gutter in the said Forest, or to permit or suffer any stone coal to be got, dug, or raised out of any such pitt or pitts, untill you have satisfied and paid me his Majesty’s gale and dues for working and getting coal in such pitts for two years last past, and untill you agree with me for the gale and dues of such pitt and pitts for the future. If you break this forbid, you will incur 284 MINUTES, ETC, OF COURT OF MINE LAW App VI whereby our lamping the charks was swelled downe, and have destroyed the air, and filled our gateway with water and sludge, and very likely to destroy the levells, and put us by getting a scale of coale there. And by their so doing, I and my vearnes are dampnified thirty pounds. All this I will prove myself and by evidence in the King’s mine.” 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 have attended the place, and burned our light, according to our laws and customs, and We leave this to through this wrong forbidd we are the best evidence. } 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 PREFACE. App VI MINUTES, ETC, OF COURT OF MINE LAW 283 Disappointment expressed by others and felt by No. VI. myself that a History of the Forest of Dean should never Being Minutes, &c., of the Court of Mine Law. have appeared in print, and an impression that a “Att a Court of Mine and Miners of considerable amount of interesting information relative Forest of Deane Our Sovereign Lord the King, held att to it might be brought together, combined I may add to witt. } the Speech-ouse, in and for the Forest with the fact that there seemed no probability of such a of Deane, on Tuesday the 13th day of work being otherwise undertaken until old usages and December, in the year of Our Lord one thousand seven traditions had passed away, have induced me to attempt hundred and forty-eight, before Christopher Bond, Esqr, and its compilation. I here venture to publish the fruit of my Thomas James, gentleman, deputyes to the Right labours, in the hope that the reader may derive some Honourable Augustus, Earl of Berkeley, Constable of the portion of that pleasure which the prosecution of the Castle of St Briavels, in the County of Gloucester, work has afforded me, and trusting that the same Christopher Bond, Esqr, gaveller of the said mines, and indulgent consideration which led the officers of the Phillip Elly, deputy gaveller of the said mines. Government, the gentlemen of the neighbourhood, and many of the intelligent Foresters to aid in the execution, “The names of the Jury. — Richard Powell, Simon will by them and the public be extended to the work Bannister, George Thomas, Frances Dutheridge, William itself. Kerr, Richard Hawkins, Joseph Cooper, Samuel Kerr, Henry Roberts, William Meeke, Richard Tingle, James Teague. I have endeavoured to make it as complete as possible “William Gagg otherwise Smith, and his Vearns, against by supplying every known circumstance, mostly in the James Bennett and his Vearns. words of the original narrator, and yet trying so to harmonize the whole as to engage the attention of the “I complaine against William Gagge and his Vearns for general reader, but more particularly of the residents in hindering our levell and doing of us willfull trespas, the district, by acquainting them with the past and whereby we have sustained great damage, att a stone (lime) present state of one of the most interesting and coale worke called Churchway, otherwise Turnbrooke, in the remarkable localities in the kingdom. Hundred of Saint Briavels, (as this,) they hindered the levell, and deepwall they would not bring forward to our new pit H. G. N. July, 1858. that was then just downe. I asked them the reason, and they told me it was to make coale scarce and men We leave plenty; they went back sixteen or eighteen this to the weeks into their scale, contrary to the rule best proof } and custom of all free miners beneath the & the order. wood with us; and likewise before, they hindered the levell in their new deepit. And wilfully more they cut up to their land gutter, and tooke in the water by a single sticken gutter in their backer deep pit, and turned it across the bottom of our deep pit into our air gutter, which we prepared for ourselves and283 them, CONTENTS 282 DR. PARSONS'S PAPER APP. V. CHAPTER I. — a.d.1307–1612. “All their principal iron undergoes the aforementioned Origin of the name “Dean”? — The Buck Stone and other preparations, yet for several other purposes, as for backs281of Druidical remains — “The Scowles,” &c., and other ancient chimneys, hearths of ovens, and the like, they have a sort of iron-mines, worked in the time of the Romans — Symmond’s cast iron, which they take out of the receivers of the furnace, Yat, and other military earthworks — Domesday Book, so soon as it is melted, in great ladles, and pour it into the and investment of this Forest in the Crown — William I., and moulds of fine sand in like manner as they do cast brass and probable date of Free Miners’ Franchise — Castle of St.