JMB
  • JMB
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14 years ago
This article in a local blog / news site might be of interest, not sure if I understand it all!



Does Crown Estate lack rights to ‘Mines Royal’ on which Commissioners exact licence fees?

http://forargyll.com/2011/04/does-the-crown-estate-lack-rights-to-mines-royal-on-which-the-commissioners-exact-licence-fees/ 

Martin Briscoe
Fort William
Graigfawr
14 years ago
One of the clearer contemporary explanations of the distinction between Mines Royal and other mines was given by John Pettus in "Fodinae Regales, or the history, laws and places of the chief mines and mineral works in England, Wales, and the English Pale in Ireland (1)...", London, 1670, p.9: "The usual definition of the poor mines and rich mines or Mines Royal. Where the oar which is digged from any Mine doth not yield, accoridng to the rules of art, so much gold or silver, as that the value thereof doth exceed the charge of refining, and loss of the baser metal wherein it is contained, or from whence it is extracted, then it is called poor oar or a poor mine. On the contrary; where the oar digged from any mine doth yield according to the rules of art so much gold or silver, as that the value thereof exceed the charges of refining, and loss of the baser metal (2) in which it is contained, and from whence it is extracted, then it is called rich oar or a Mine Royal; 'tis appertaining to the King by his prerogative."

Notes:

(1) Scotland was still a sperate and distinct country at this date; there had been a personal union of the crowns on the accession of James VI of Scotland to the English throne as James I, but not a formal union of the countries.

(2) In this period, the refining of silver in particular resulted in considerable loss of lead; the Mines Royal Acts were primarily concerned with the occurrence of silver in conjunction with lead.

Pettus's explanation predates the Acts of 1689 and 1693 but the explantion is as clear as a contemporary could give to explain what distinguished a Mine Royal from other mines.

There has been a great deal of case law that impinges upon the legal (as opposed to geological or engineering) definitions of a "mine" and "ore". The general tendancy is for the legal definition to be wider than the geological or engineering understanding of such terms.

A most interesting article JMB - please keep us posted with any developments!
Graigfawr
14 years ago
www.legislation.gov.uk provides the text of all Acts or portions of Acts that remain in force, including Acts of the Old Scottish Parliament. The one portion of the (Scottish) Royal Mines Act 1424 that remains in force provides a qualitative statement of the definition of Mines Royal in Scotland:

"Item gif ony myne of golde or siluer be fundyn in ony lordis landis of the realme and it may be prowyt that thre halfpennys of siluer may be fynit owt of the punde of leide The lordis of parliament consentis that sik myne be the kingis as is vsuale in vthir realmys"

i.e. ore containing one and a half Scottish silver penniesworth of silver, or more, per pound of lead was Mines Royal.

This website also provides the text of those very limited portions of the various English Acts concerning Mines Royal that remain in force.



JMB
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14 years ago
Follow up on the blog

For Argyll’s Royal Wedding curiosity: provenance of ‘Welsh’ gold for ring not assured

http://forargyll.com/2011/04/for-argylls-royal-wedding-curiosity-provenance-of-welsh-gold-for-ring-not-assured/ 


Martin Briscoe
Fort William
Graigfawr
14 years ago
The Gwynfynydd 1kg ingot referred to in the article is on display in the National Waterfront Museum at Swansea; the caption states it is on loan from H.M the Queen.

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