Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 1 W. & M. Sess. 1. c. 30.
Owners of Mines shall enjoy them.
Whereas by a Clause in one Act of Parliament made in the First yeare of their Majesties Reigne entituled An Act to repeal the Statute made in the Fifth yeare of King Henry the Fourth against the multiplying of Gold and Silver It is amongst other things enacted that noe Mine of Tin Copper Iron or Lead shall hereafter be adjudged reputed or taken to bee a Royal Mine although Gold or Silver may be extracted out of the same But notwithstanding the good provision by the said Statute to prevent the discourageing their Majesties good Subjects who have Mines of Copper Tin Iron or Lead in their Soyls from digging and opening the same many doubts and questions have arisen upon the said Statute whereby great suits and troubles have arisen to many owners and Proprietors of such Mines. Wherefore for the better explanac[i]on of the said Statute Be it enacted and declared by the King and Queens most Excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and by the Authority of the same That all and every Person or Persons being Subjects of the Crowne of England Bodies Politick or Corporate that now are or hereafter shall be the Owner or Owners Proprietor or Proprietors of any Mine or Mines within the Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed wherein any Ore now is or hereafter shall be discovered opened found or wrought and in which there is Copper Tin Iron or Lead shall and may hold and enjoy the same Mine or Mines and Ore and continue in the possession thereof and dig and work the said Mine or Mines or Ore notwithstanding that such Mine or Mines or Ore shall be pretended or claimed to be a Royall Mine or Royall Mines any Law Usage or Custom to the contrary notwithstanding.
II. King shall have the Ore at a Rate.
Provided always and be it enacted and declared That their Majesties [ther (fn. 2) ] Heirs and Successors and all claimeing any Royal Mines under them shall and may have the Ore of any such Mine or Mines in any part of the said Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed (other then Tin Ore in the Counties of Devon and Cornwall) paying to the Proprietors or Owners of the said Mine or Mines wherein such Ore is or shall be found within Thirty days after the said Ore is or shall bee raised and laid upon the Banks of the said Mine or Mines and before the same be removed from thence the rates following (that is to say) For all Ore washt made cleane and merchantable wherein is Copper the rate of Sixteen Pounds per Tun and for all Ore washt made cleane and merchantable wherein there is Tin the rate of Fourty Shillings per Tun and for all Ore washt made clean and merchantable wherein there is Iron the rate of Fourty Shillings per Tun and for all Ore washt made cleane and merchantable wherein there is Lead the rate of Nine Pounds per Tun and in default of payment of such respective sums as aforesaid it shall and may be lawfull for the Owners and Proprietors of the said Mine or Mines wherein such Ore is are or shall be found to sell and dispose of the said Ore to his and theire own uses any Law Statute or Custome to the contrary notwithstanding.
III. Proviso for Charters, &c. to Tinners of Devon and Cornwall.
Provided always That nothing [conteined (fn. 2) ] in this Act shall alter determine or make void the Charters granted to the Tinners of Devon and Cornwall by any of the Kings and Queens of this Realme or any of the Liberties Priveledges or Franchises of the said Tinners or to alter determine or make void the Laws Customs or Constitutions of the Stanneries of Devon or Cornwall or any of them.