Georgius Agricola

“ Since our countrymen call a mine a symposium, that is, a drinking bout, we are accustomed to call the money which the owners subscribe a symbolum, or a contribution [10] . For, just as those who go to a banquet (symposium) give contributions (symbola) , so those who purpose making large profits from mining are accustomed to contribute toward the expenditure. However, the manager of the mine assesses the contributions of the owners annually, or for the most part quarterly, and as often he renders an account of receipts and expenses. ”

“ Last of all, the manager, the Bergmeister, and the two Jurors, in agreement with the owners, settle the remuneration for the labourers. Enough of the duties and occupation of the manager. I will now leave the manager, and discuss him who controls the workmen of the mine, who is therefore called the foreman, although some call him the watchman. It is he who distributes the work among the labourers, and sees diligently that each faithfully and usefully performs his duties. ”

“ The manager also makes the deductions from the pay of the workmen whom the foreman has noted as negligent. Next, if the mine is rich in metal, the manager must see that its ore-house is closed on those days on which no work is performed; and if it is a rich vein of gold or silver, he sees that the miners promptly transfer the output from the shaft or tunnel into a chest or into the strong room next to the house where the foreman dwells, that no opportunity for theft may be given to dishonest persons. ”

“ And because he alone provides the expenditure of money on the mines, if they yield metal he alone obtains the product from them. But when large and frequent expenditures are necessary in mining, he to whom the Bergmeister first gave the right often admits others to share with him, and they join with him in forming a company, and they each lay out a part of the expense and share with him the profit or loss of the mine. ”

“ When it has been brought back, both the Tithe-gatherer and manager again enter its weight in their books. Why again? Because he looks after the goods of the owners just as if they were his own. Now the laws which relate to mining permit a manager to have charge of more than one mine, but in the case of mines yielding gold or silver, to have charge of only two. If, however, several mines following the head-mine begin to produce metal, he remains in charge of these others until he is freed from the duty of looking after them by the Bergmeister. ”

“ The discoverer and the operator—that is, the miner himself—has, however, had to be reckoned with by all three of the other claimants, because they have almost universally sought to escape the risks of mining, to obtain the most skilful operation, and to stimulate the productivity of the mines; thereupon the miner has secured at least partial consideration. This stands out in all times and all places, and while the miner has had to take the risks of his fortuitous calling, the Overlord, State, or Landlord have all made for complacent safety by demanding some kind of a tithe on his exertions. ”

“ In the years which are not long passed, the owner of a tunnel possessed all the metal which a miner standing at the bottom of the tunnel touched with a bar, whose handle did not exceed the customary length ; but nowadays a certain prescribed height and width is allowed to the owner of the tunnel, lest the owners of the mines be damaged, if the length of the bar be longer than usual. Further, every metal-yielding mine which is drained and supplied with ventilation by a tunnel, is taxed in the proportion of one- ninth for the benefit of the owner of the tunnel. ”

“ For when a miner in some particular locality is unable to open a vein on account of a great quantity of water, he runs a wide ditch, open at the top and three feet deep, starting on the slope and running up to the place where the vein is found. Through it the water flows off, so that the place is made dry and fit for digging. But if it is not sufficiently dried by this open ditch, or if a shaft which he has now for the first time begun to sink is suffering from overmuch water, he goes to the Bergmeister and asks that official to give him the right for a tunnel. ”

“ In England the law varied with special mining communities, such as Cornwall, Devon, the Forest of Dean, the Forest of Mendip, Alston Moor, and the High Peak, and they exhibit a curious complex of individual growth, of profound interest to the student of the growth of institutions. ”

“ If the manager has spent the money of the proprietors advantageously in the mine and has faithfully looked after it, everyone praises him as a diligent and honest man; if through ignorance in these matters he has caused loss, he is generally deprived of his office; if by his carelessness and negligence the owners have suffered loss, the Bergmeister compels him to make good the loss ”

“ The reason for this is that this kind of a tunnel is liable to be changed into the other kind which has a complete right of property, when it drains the meers to a depth of seven fathoms, or to ten, according as the old custom in each place acquires the force of law. In such case this second kind of tunnel has the following right ; in the first place, whatever metal the owner, or company owning it, finds in any meer through which it is driven, all belongs to the tunnel owner within a height or depth of one and a quarter fathoms. ”

“ The Share Clerk enters in a book the owners of each mine whom the first finder of the vein names to him, and from time to time replaces the names of the sellers with those of the buyers of the shares. It sometimes happens that twenty or more owners come into the possession of some particular share. Unless, however, the seller is present, or has sent a letter to the Mining Clerk with his seal, or better still with the seal of the Mayor of the town where he dwells, his name is not replaced by that of anyone else ”

“ The growth of stronger communal sentiment since the middle of the last century has already found its manifestation in the legislation with regard to mines, for the laws of South Africa, Australia, and England, and the agitation in the United States are all toward greater restrictions on the mineral ownership in favour of the State. ”

“ The Bergmeister does not allow this third shift to be imposed upon the workmen unless necessity demands it. In that case, whether they draw water from the shafts or mine the ore, they keep their vigil by the night lamps, and to prevent themselves falling asleep from the late hours or from fatigue, they lighten their long and arduous labours by singing, which is neither wholly untrained nor unpleasing. ”

“ Large or small contributions are imposed according to the number of workmen which the mine or tunnel requires ; as a result, those who possess many shares provide many contributions. Four times a year the owners contribute to the cost, and four times during the year the profits of the mines are distributed among them ; these are sometimes large, sometimes small, according as there is more or less gold or silver or other metal dug out. ”

“ They also jointly with the mine foreman from time to time make the price per fathom to the workmen for mining the ore, fixing it at a high or low price, according to whether the rock is hard or soft; if, however, the contractors find that an unforeseen and unexpected hardness occurs, and for that reason have difficulty and delay in carrying out their work, the Jurors allow them something in excess of the price fixed; while if there is a softness by reason of water, and the work is done more easily and quickly, they deduct something from the price. ”

“ From these points of view, more philosophical than legal, we present a few notes on various ancient laws of mines, though space forbids a discussion of a tithe of the amount it deserves at some experienced hand. ”

“ The chief kinds of workmen are miners, shovelers, windlass men, carriers, sorters, washers, and smelters, as to whose duties I will speak in the following books, in their proper place. At present it is enough to add this one fact, that if the workmen have been reported by the foreman for negligence, the Bergmeister, or even the foreman himself, jointly with the manager, dismisses them from their work on Saturday, or deprives them of part of their pay ”

“ The area of every other meer consists of two double measures, on which- ever side of the head meer it lies, or whatever its number in order may be, that is to say, whether next to the head meer, or second, third, or any later number. Therefore, it is twenty-eight fathoms long and seven wide, so multiplying the length by the width we get one hundred and ninety-six square fathoms, which is the extent of the meer, and by these boundaries the Bergmeister defines the right of the owner or company over each mine. ”

“ It is only the private owners of mines who pay contributions. A proprietary holder, though he holds as many as four shares such as I have described, does not pay contributions, but gratuitously supplies the owners of the mines with sufficient wood from his forests for timbering, machinery, buildings, and smelting ; nor do those belonging to the State, Church, and the poor pay contributions, but the proceeds are used to build or repair public works and sacred buildings, and to support the most needy with the profits which they draw from the mines. ”

“ Into however many divisions the total number of mines has been divided, so many divisions has the body of Jurors; each pair of Jurors usually visits some of the mines whose administration is under their supervision on every day that workmen are employed; it is usually so arranged that they visit all the mines in the space of fourteen days. They inspect and consider all details, and deliberate and consult with the mine foreman on matters relating to the underground workings, machinery, timbering, and everything else. ”

“ Of the Ancient Egyptian, Lydian, Assyrian, Persian, Indian, and Chinese laws as to mines we have no record, but they were of great simplicity, for the bodies as well as the property of subjects were at the abject disposition of the Overlord. We are informed on countless occasions of Emperors, Kings, and Princes of various degree among these races, owning and operating mines with convicts, soldiers, or other slaves, so we may take it for certain that continuous labour was enforced, and that the boundaries, inspection, and landlords did not cause much anxiety. ”

“ Further, if the Jurors discover manifest negligence or fraud on the part of any foreman or workman, they first admonish or reprimand him as to his duties and obligations, and if he does not become more diligent and improve, the matter is reported to the Bergmeister, who by right of his authority deprives such persons of their functions and office, or, if they have committed a crime, throws them into prison. ”

“ The fundgrube of Saxony and Agricola's equivalent, the area capitis—head lease—we have rendered literally as "head meer," although in some ways "founders' meer" might be better, for, in Derbyshire, this was called the "finder's" or founder's meer, and was awarded under similar circumstances. It has also an analogy in Australian law in the "reward" leases. The term "measure" has the merit of being a literal rendering of the Latin, and also of being the identical term in the same use in the High Peak. ”

“ The labourers do not work on Saturdays, but buy those things which are necessary to life, nor do they usually work on Sundays or annual festivals, but on these occasions devote the shift to holy things. However, the workmen do not rest and do nothing if necessity demands their labour; for sometimes a rush of water compels them to work, sometimes an impending fall, sometimes something else, and at such times it is not considered irreligious to work on holidays. Moreover, all workmen of this class are strong and used to toil from birth. ”

“ It is not our purpose to follow these inquiries into mining law beyond the 15th century, but we may point out that with the growth of the sentiment of individualism the miners and landlords obtained steadily wider and wider rights at the cost of the State, until well within the 19th century. ”

“ In some places one miner is not allowed to undertake two shifts in succession, because it often happens that he either falls asleep in the mine, overcome by exhaustion from too much labour, or arrives too late for his shift, or leaves sooner than he ought. ”

“ A mine, and the same thing must be understood with regard to a tunnel, may be divided into two halves, that is into two similar portions, by which method two owners spend an equal amount on it and draw an equal profit from it, for each possesses one half. Sometimes it is divided into four shares, by which compact four persons can be owners, so that each possesses one-fourth, or also two persons, so that one possesses three-fourths, and the other only one-fourth ”

“ He supplies the miners with iron tools when they are about to start to work in the mines, and apportions a certain weight of oil for their lamps, and trains them to dig to the best advantage, and sees that they work faithfully. ”