THE LIBERTIES AND CUSTOMS OF THE LEAD-MINES Within the Wapentake of WIRKSWORTH In the County of DERBY, Part thereof appearing by extracts from the Bundles of the Exchequer, and Inquisitions taken in the XVIth year of the Reign of King Edward the First, and in other King's Reigns, and continued ever since.  
Composed in Meeter by EDWARD MANLOVE Esq heretofore Steward of the Barghmoot Court for the Lead-mines within the said Wapentake.  
LONDON, Printed Anno Dom. 1653.   


SR. PETER THOMPSON. F·R·SS.  NIL CONSCIRE SIBI. I Mind sculp.  modern bookplate   

The Liberties and Customs of the Led Mines, within the Wapentake of Wirksworth in the County of Derby; Composed in Meeter by Edward Manlove Esquire, heretofore Steward of the Barghmoote Court for the Led Mines within the said Wapentake.  

BY custom old in Wirksworth Wapentake, 
3 & 4 Phil. & Mar. Art. 4.   
If any of this Nation find a Rake,  
Or sign, or leading to the same; may set  
In any ground, and there Lead-oar may get:  
They may make crosses, holes, 
16 E. 1. cap. 2.  and set their Stows,  
Sink shafts, build Lodges, Cottages or Coes.  
But Churches, houses, gardens, all are free  
From this strange custom of the Minery.  
A cross and hole a good possession is  
But for three days, and then the custom's this, 
3 E. 6. Art. 14. Phil. & Mar. Art. 11.   
To set down stows, timbered in all men's sight,  
Then such possession stands for three weeks right,  
If that the stows be pinned and well wrought, 
Phil. & Mar. Art. 11, & 25.   
With yokings, soletrees, else they stand for nought;  
Or if a Spindle wanting be to nick,  
IT is no possession, 
3 Ed. 6 c. 2.  no not for a week:  
But may be lost, and by another taken,  
As any Grove that's left, quit, or forsaken:  
For the Barghmaster (by the custom) ought  
To walk the field, to see that works be wrought,  
And on the Spindle ought to set a nick,  
If that the grove unworked be three week.  
And every three weeks, until nine week's end,  
To neck the Miners Spindle's that offend:  
And when the Spindle nicked is three times,  
According to the Custom of the Mines,  
Then the Barghmaster may the stows remove,  
And he that set them loseth the same grove:  
Unless the work by water hindered be,  
Or else by wind, the Miner than is free  
From losing any mere of ground or grove,  
For then such Stow's none ought for to remove,  
And the Barghmaster ought to make arrest,  
Upon complaint, if Mines be in Contest,  
Receiving Four pence for his lawful Fee,  
That the next Court the wrong redressed may be.  
The Vulgar term is, 
16 Ed. 6. c. 2.  setting for a Mine,  
Forth ' grace of God, and what I there can find;  
And then at him some other Miners take,  
And gain possession in the selfsame Rake:  
A nother Miner for a Crosse-vein sets,  
Some take at him, and their possession gets.  
Some take for one thing, some for other free,  
As new thing, old thing, Crosse-vein, Tee, or Pee.  
But yet a difference may be taken clear, 
16 Ed. 1. c. 1. Art. ●. 3 E●. 6. Ar. 11.3, & 4. Phil. & Mat Are 20.16 Ed. 1. c. 2.   
Betwixt a founder, and a taker mere;  
Because the finder, that doth find a Rake,  
May have two meers met, and set out by stake,  
Which is in length twice Eighty seven foot,  
And so is to be measured and laid out.  
But first the finder his two meers must free  
With oar there found, 
3 Ed. 6. Ar. 15.3, & 4, Ph. & Ma: Ar. 22.  for the Barghmasters' fee,  
Which is one dish for one mere of the ground, 
16 Ed. 1. Ar. 1   
The others free; because the Miner found;  
But by encroachment they do two demand, 
3 & 4 Ph. & Ma. Ar. 20.   
And wrong the Miner, which they might withstand;  
Then one half mere at either end is due, 
16 Ed. 1. c. 2.   
And to the Lord or Farmers doth accrue;  
And if two Founders in one Rake be set,  
Perchance the Farmers may a Prim-gapp get:  
Then must the Miners chase the stole to th'stake, 
16 Ed. 1. c. 2.   
From mere to mere, and one at other take:  
Each taker gains a mere, no more he can  
Have that finds oar in working an old man.  
And he (by Custom) that his mine doth free, 
16 Ed. 1. Ar. 9   
A good estate thereby doth gain in Fee;  
And if he die, and leave behind a wife, 
Ibid.   
The Custom doth endow her for her life;  
But if the grove be lost forwant of Stow's,  
Or forfeited, her Dower she doth lose.  
By word of mouth eke any Miner may  
Such Fee and Freehold freely give away. 
3 Ed. 6. Ar. 1. Ar. 6. 3 Ed. 6. Ar. 3. 3 & 4 Ph. & Ma. Ar. 13. & 5.   
Egress and regress to the King's high way  
The Miners have, and lot and Cope they pay.  
The thirteenth dish of oar within their mine,  
To th'Lord for Lot they pay at measuring time;  
Six pence a Load for Cope the Lord demands,  
And that is paid to the Barghmasters hands:  
A 'gainst good times the Lord ought to provide  
A lawful measure equal for both sides,  
Both for the Buyer and the Sellers use, 
3 Ed. 6. Ar. 4.   
And forfeits forty pence if he refuse;  
And he that sells by any other dish, 
3 & 4 Ph. & Ma. Ar. 6.   
His oar so sold thereby forfeited is;  
Small parcels yet poor men may fallen for need,  
If they cannot procure the dish with speed;  
Provided always, that to Church and Lord,  
They pay all duties Custom doth afford,  
For which the Vicar daily ought to pray  
For all the Miners that such duties pay,  
And reason good, they venture lives full dear  
In dangers great; the Vicar's tithe comes clear;  
If Miners lose their Lives, or Limbs, or Strength,  
He loseth not, but looketh for a Tenth;  
But yet methinks if he a Tenth part claim,  
It ought to be but a Tenth of clear gain,  
For Miners spend much moneys, pains, and time,  
In sinking shafts before Led over they find,  
And one in Ten scarce finds, and then to pay  
One out of Ten, poor Miners would dismay.  
But use them well, 
An admonition to the Ministers that receive Tithe of Led over. 3 Ed. 6. Are 9 3 & 4 Ph. & Ma. Ar. 16.  they are laborious men,  
And work for you, you ought to pray for them.  
And suit for oar must be in Barghmoot Court,  
For justice thither Miners must resort;  
If they such Suits in other Courts Commence  
They lose their due oar-debt for such offence,  
And must pay Costs, because they did proceed  
Against the Custom; Miners all take heed.  
No man may sell his grove that's in contest  
Till Suit be ended, 
3 Ed. 6. Ar. 20. 3 & 4 Ph. & Ma. Ar. 26.  after the arrest  
The cellar's grove is lost by such offence,  
The buyer fined for such maintenance.  
And two great Courts of Barghmoot ought to be  
In every year upon the Minery, 
16 Ed. ●. c. 2. 3 Ed. 6. ar. 10. 3 & 4 Ph. & Ma: ar. 19 3 & 4 Ph. & Ma. Ar. 30 & 33.   
To punish Miners that transgress the Law,  
To Curb Offenders, and to keep in awe  
Such as be Cavers, or do rob mens Coes,  
Such as be pilferers, or do steal men's stows;  
To order grovers, make them pay their part,  
Join with their fellows, or their grove desert;  
To fine such miners as men's groves abuse,  
And such as orders to observe refuse;  
Or work their meers beyond their length and stake, 
3 & 4 Ph. & Ma. Ar. 31.   
Or otherwise abuse the Mine and Rake,  
Or set their stows, upon their neighbour's ground,  
Against the Custom, or exceed their bound,  
Or Purchasers that Miners from their way, 
3 & 4 Ph. & Ma. Ar. 4 & 5.   
To their Wash-troughs do either stop or stay;  
Or dig, or delve, in any man's Bing-place, 
3 & 4 Ph. & Ma: Art. 4, 5. 16 Ed. 1. c. 2.   
Or do his stows throw off, break, or deface:  
To fine offenders that do break the peace,  
Or shed men's blood, or any tumults raise,  
Or weapons bear upon the Mine or Rake,  
Or that possessions forcibly do take, 
3, & 4 Ph. & Ma. ar. 28.   
Or that disturb the Court, the Court may fine  
For their contempts (by custom of the Mine)  
And likewise such as dispossessed be,  
And yet set stows against authority;  
Or open leave their Shafts, or groves or holes,  
By which men lose their , sheep, or soles:  
And to lay pains, that grievance be redressed,  
To ease the burdens of poor men oppressed.  
To swear Barghmasters, that they faithfully  
Perform their duties on the Minery,  
And make arrests, and eke impartially  
Impannel Jurors, causes for to try;  
And see that right be done from time, to time,  
Both to the Lord, and Farmers, on the Mine.  
To swear a Jury for a half years time,  
(By Custom called) the Body of the Mine,  
Who Miners are, and Custom understand,  
And by the Custom they have some command.  
They may view groves, when Miners do complain,  
Relieve the wronged, wrong-doers restrain.  
They may view Trespass done in any grove,  
Value the Trespass, Trespassers remove.  
They may lay pains that workmanship be made,  
And fines impose, if they be not obeyed.  
They may cause opened, Drifts, and Sumps, to see  
If any one by other wronged be.  
When strife doth rise in groves, the Miners all  
These four and Twenty Miners use to call,  
To make inquiry, and to view the Rake,  
To plum and dyal (if beyond the stake)  
A mere be wrought, and Miners wronged be;  
For by that art they make discovery.  
The Steward ought a Three week's Court withal,  
To keep at Wirksworth, 
●, ● 4. Ph. & Ma. ar. 19.3, & 4. Ph. & Ma. ar. 29.  in the Barghmoot hall,  
For hearing Causes (after the arrests)  
And doing right to them that be oppressed.  
And if the Barghmaster make an arrest,  
The Steward may (at the Plaintiffs request)  
Appoint a Court, for trial on the Rake,  
Within Ten days, that th' Jury view may take.  
And for attendance there, 
3, & 4. Ph. & Ma: ar. 8.  the Steward he,  
By Mineral Custom, hath a Noble fee:  
Four shillings to the Jury must be paid,  
Who for that cause were summoned and arrayed.  
And if a verdict be for th' Plaintiff found,  
The Barghmaster delivers him the ground;  
And if the adverse party him resist,  
The four and Twenty ought him to assist;  
Then may he work (by Custom) without let,  
Till the Defendant do a Verdict get: 
3 Ed. 6. Ar. 13.   
Then the Barghmaster ought to do him right,  
Him to restore unto his ancient plight;  
But if three Verdicts for the Plaintiff's found,  
By Custom the Defendants all are bound;  
So if three Verdicts with Defendants go,  
The Plaintiffs are (by Custom) bond also,  
And neither side may make a new arrest  
For the same title that was in Contest;  
But yet the Duchy Court, (if just cause be)  
May yield relief against those Verdicts three:  
Or by Injunction parties all enjoin  
From getting Oar, in such a mere, or Mine,  
Until the cause be heard, and there appear  
A title just for them that worked there,  
Or may appoint a Steward, that may try  
The Cause again upon the Minery,  
And may sequester any such Led mine,  
Until the title shall be tried again.  
And if the Plaintiff chance non-sute to be, 
3 & 4 Ph. & Ma: Ar. 8, & 29.   
He pays a Noble for a penalty;  
For which (by Custom) Barghmasters distrain,  
The party non-sute that must pay the pain.  
No Miners Timber, Pick, or lawful Stow's, 
3 & 4 Ph. & Ma. Ar. 10.   
May be removed from their ground or Coes;  
If by mischance a Miner damped be,  
Or on the Mine be slain by Chance-medley, 
16 Ed. 1. c. 1 Ar. 12. 3 & 4 Ph. & Ma. Ar. 21.   
The Barghmaster or else his Deputy  
Must View the Corpse before it buried be,  
And take inquest by jury, who shall try  
By what mischance the Miner there did die;  
No Coroner or escheator aught may do,  
Nor of dead bodies may not take their view.  
For stealing oar twice from the Minery, 
16 Ed. 1. c. 2:   
The Thief that's taken fined twice shall be,  
But the third time that he commits such theft,  
Shall have a Knife struck through his hand to th'haft,  
Into the Stow, and there till death shall stand,  
Or lose himself by Cutting lose his hand;  
And shall forswear the franchise of the Mine,  
And always lose his freedom from that time. 
3 & 4 Ph. & Ma.   
No Miner ought of an old man to set  
To seek a Lead-mine, or Led oar to get,  
Until the Burghmaster a view hath taken,  
And find such work an old work quite forsaken;  
With him two of the body of the Mine  
To take such view (by Custom) ought to join;  
Which being done, the Miner may go on  
To sink, and free his mere (the Lord hath none;)  
If oar be found, the fruit of his desire,  
And woughs be street, the Miner then may fire,  
Yet not at all times of his own accord,  
But at such times as Custom doth afford,  
In th'afternoon, and after four a clock,  
He may make fire on the Ragged Rock;  
But first he must give notice (lest the smoke  
In other groves) his fellow Miners Choke;  
And after notice, if they careless be  
And lose their lives, the firers shall go free.  
If Miners groves arrested be, 
3 Ed. 6. Ar. 17.3 & 4 Ph. & Ma. Ar. 24.  yet they  
Go on and work, the arrest must make no stay,  
But for oar got before the trial be,  
The Barghmaster must take security,  
And at next Court all parties do appear,  
And the arrest must be returned there,  
And then, and there the Cause must tried be,  
Before the Seward of the Minery.  
Most of the Customs of the Lead-mines, here  
I have described, as they are used there;  
But many words of art you still may seek,  
The Miners Terms are like to Heathen Greek,  
Both strange and uncoth, if you some would see,  
Read these rough verses here Composed by me.   

BUnnings, Polings, Stemples, Forks, and Slyder,  
Stoprice, Yokings, Soletrees, Roach, and Rider,  
Water holes, Wind holes, Veins, Coe-shafts and Woughs,  
Main Rakes, Cross Rakes, Brown-henns, Budles and Soughs,  
Break-offs, and Buckers, Randum of the Rake,  
Freeing, and Chase of the Stole to th'Stake,  
Starting of oar, Smilting, and driving drifts,  
Primgaps, Roof works, Flat-works, Pipe-works, Shifts,  
Cauke, Sparr, Lid-stones, Twitches, Dauling, and Pees,  
Fell, Bous, and Knock-barke, Forstid-oar, and Tees,  
Bing-place, Barmoot Court, Barghmaster, and Stows,  
Crosses, Holes, Hange-benches, Turntree, and Coes,  
Founder-meers, Taker-meers, Lot, Cope, and Sumps,  
Stickings, and Strings of oar, Wash-oar and Pumps,  
Corfes, Clivies, Deads', Meers, Groves, Rake-soil, the Gange,  
Binge-oar, a Spindle, a Lampturn, a Fange,  
Fleaks, Knockings, Coestid, Trunks and Sparks of oar,  
Sole of the Rake, Smytham, and many more.   

This have I written for the Miners sake,  
That Miners are in Wirksworth Wapentake;  
Perchance if these few lines accepted be,  
An exposition may be made by me,  
Of Mineral Terms, to most men now abstruse,  
Which by expounding may be of more use;  
But for the present, I commit to view  
This little book, the Mineral Law to show;  
Which ancient Custom hath confirmed to them  
That Miners are, and poor laborious men;  
And much desire this Custom to present,  
Unto the worthies of the Parliament,  
And humbly pray, that they for justice sake,  
Will them confirm in Wirksworth Wapentake.   

Good Reader spare me if I thee offend  
With this strange Custom which I here have penned;  
But Miner read me, take me for thy friend,  
Stand to thy Custom, thus my Poem's end.   
FINIS.