sougher
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16 years ago
Here goes as promised. I agree with AR's comments on the "Damage in Smallcleugh" topic that the subject of the Derbyshire lead mining field's history, it's Barmote Courts, laws and customs, etc. etc., because of the vastness and complexity of the subject needs a website to itself, however, perhaps not everyone would then access it. At the moment there appears to be nothing about the subject which is the basis upon which the Derbyshire lead mining industry is based, on the Aditnow Forum. So to impart some of the joint knowledge from those of us who are from the Peak District and are familiar with the subject I've started this topic. Please feel free to join in to add to our knowledge of the the subject by either adding information to Aditnow's Mining Document Library (like AR has volunteered - and me if only I knew how to scan a document, I have loads), writing to this Forum or alternatively asking questions if you don't understand about anything that has been written. I'm sure there will be one of us who can come up with an answer. At least there will be some recorded information concerning the subject, not as now - nothing.

A personal friend, Nellie Kirkham the mining historian from Newcastle-under-Lyne (she died in May, 1979) always said to me, when you write an article, write simply and assume that the person you are writing for has no knowledge whatsoever of the subject you are writing about, and I have used that advice for any article I have ever written. She would assist anyone's quest for knowledge if they asked her a specific question, however if they wrote and said "please tell me what you know about Derbyshire leadmining", then she wouldn't reply. She said that if they couldn't be bothered to narrow their question down to a specific question, then it wasn't worth wasting time over replying. When she was exploring, researching and writing there weren't the Local Authority Record Offices all over the country as there are now, often she poured over old documents and deeds in solicitor's offices, she also paid a researcher down in London. She was very friendly with John Mort the Barmaster who gave her access to the records of the Barmote Court. She made many friends in the farming and spar mining communities of North Derbyshire, many of whom shared their knowledge with her, she was always very courteous and friendly towards them, often giving them a small gift of tobacco etc, in turn they respected her. She always sort permission to walk land or explore mines, she never trespassed. She was consulted by the quarry firm Derbyshire Stone Ltd, and it was through her that I met Mr. Varvill the mining engineer (of Millclose mine fame). Some people consider her writings as rambling and getting away from the subject, however, many of the so called ramblings and notes that she included within her articles have often given clues that led onto finding further information. She always said that she hoped that what she had found out and wrote about would be expanded upon by future generations of mining explorers to record and enlarge the history of Derbyshire lead mining, and that is why I've started this topic on the forum.

Briefly, to start the subject, below is an extract from a simply worded article (I was writing for Family History researchers, not mining historians) that I wrote in Derbyshire Family History Society's magazine, March, 1999, Issue 88, pp 34-35, called "Lead Mine Accidents and Inquests in the King's Field, Derbyshire"

"Derbyshire's lead mining region is approximately the area of the "White Peak", it is called the King's or Queen's Field depending upon the reigning monarch. It is divided into two, the northern part lying in part of the High Peak Hundred and the southern part lying in part of the Soke of the Wapentake of Wirksworth. Counties are divided into Hundreds, Parishes and Liberties. Wapentake is the word for a Hundred in areas of Scandinavian settlement. A Liberty is a district of jurisdiction within which certain exclusive privileges may be exercised and usually follows a parish boundary. It is an area usually outside the remit of a Sheriff, and in Derbyshire applies only to the area covered by the lead mining laws. The King's or Queen's Field is under the jurisdiction of the Barmote Courts, Great and Small which is a separate judiciary system from the rest of the country's legal system. Basically it is an industrial court held for the regulation of, and for deciding questions connected with, the working of the mines, they settle disputes, claims and any matter appertaining to the lead mining laws. The Courts were, and still are, held twice a year in April and October (n.b. see note 1 at end), but now there is basically no lead mining it is mainly a traditional custom that is upheld. The right of free search for veins of lead ore within the King's Field dates back to 1288 when miners petitioned King Edward 1 to redress their grievances. The resulting Quo Warranto of the Inquisition held at Ashbourne on the direction of the King, gave the first written lead laws and the creation of the office of Barmaster. From that time onwards the Barmote courts were established and developed over the centuries.

The Court consists of a Steward who must be a solicitor or a barrister, and his duties are both judicial and ministerial; the Barmaster whose duties are to select persons to serve on the Grand Jury, to measure ore, collect dues, keep accounts and perform other duties in connection with the lead mining laws; a Deputy Barmaster to assist the Barmaster, and the Grand Jury consisting throughout the centuries of twenty four men (n.b.see note 2 at end), but only twelve men called to a court.

This then was the set up of the Barmote Courts until the passing of two Acts of Parliament which legally confirmed a lot of the old lead mining laws. The High Peak Mineral Customs and Mineral Courts Act, 1851 which established jurisdiction over the King's/Queen's Field within the Hundred of High Peak and a few separate mining liberties, and the Derbyshire Mining Customs and Mineral Courts Act, 1852 which established jurisdiction over so much of the King's/Queen's Field as lay within the Soke of the Wapentake of Wirksworth and a few separate mining liberties".

Note 1 - Since I wrote this article the former Barmaster (Mr. W. Erskine) for the Soke and Wapentake of Wirksworth decided not to hold the Great Barmote Court at the Moot House, Wirksworth on the 3rd Wednesday of October, 1995. This broke with the tradition of the Court, and since that date it has only been held annually on the 3rd Wednesday of April each year, instead of bi-annually as written in the lead mining laws. The Peak District Mines Historical Society decided to hold a Wirksworth Barmote Court Event on the day the Court should have sat. This event was held at the Peak District Mining Museum and has been celebrated annually since that date, either at the Museum or Magpie Mine, but of course the event has no legal standing.

Note 2 - The two Acts of Parliament of 1851 and 1852 reduced the grand jury of the Great Barmote Court from twenty four miners to twelve miners.

I hope that this small piece of information has wetted some members appitite to learn more of the subject, sorry for it being so lengthy.

minerat
16 years ago
Very interesting piece of history there Sougher, I used to know a few of the men who were on the jury of the court, Jack Beck, Albert Rockarch, anf the gregory brothers, those were the "good old" days when mining was done without the government or europe sticking its nose in, when a man could make a living with a pick and shovel an old truck and a good back, 40s/50s were the best years for me. men were taken at their word no contracts..younever broke your word.Yes Nellie was a nice woman I only met her once think it was at a house down Ecton way somewhere. its nice to find women in the mining game,I had an aunt who used to barrow "cawk" of the hillocks onto a waggon, better than a lot of men at the time...
be afraid.....very afraid !!!!
AR
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16 years ago
Just to add a note on the age of the laws, as Sougher has mentioned they were first set down in 1288 following a royal inquiry . Quo Warranto means "by what warrant/authority?" and was an inquiry as to whether a claimed custom or right was well founded. In the case of the Ashbourne Quo Warranto, which considered whether the right of free mining did indeed exist in the High Peak hundred, the jurymen swore on oath that the customs they set down had been followed for longer than anyone could remember. So, the mining laws and the Barmote that adminsters them were already well-established by 1288, and current thinking is that they certainly predate the Norman conquest, although not perhaps by as much as Hopkinson thought in 1644 when he stated that they originated with the druids!
Follow the horses, Johnny my laddie, follow the horses canny lad-oh!
AR
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16 years ago
I've just uploaded a transcript of the Arkwright v Stokes case which dealt with reponsibilities to fence or make safe a disused mine, and also a landowner's interests relating to a disused mine on their property. Apologies for the formatting being a bit out, but for a scan of a late 19th century journal fed into an OCR, into word and finally into a pdf creator it's about as good as you're likely to get....
http://www.aditnow.co.uk/documents/Personal-Album-431/Stokes-Arkwright-case.pdf 
I'll try and get Hopkinson's treatise on the Derbyshire laws scanned and posted shortly.
Follow the horses, Johnny my laddie, follow the horses canny lad-oh!
AR
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16 years ago
At last, I've finally got round to scanning and processing Hopkinson. It's pretty heavy going being written in mid-17th century legalese, but does contain a lot of interesting bits if you can tease them out!
http://www.aditnow.co.uk/documents/Personal-Album-431/Hopkinson-scanned.doc.pdf 

The first few paragraphs are quite something - looks like he was a bit upset about his house having been done over by soldiers!
Follow the horses, Johnny my laddie, follow the horses canny lad-oh!
sougher
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16 years ago
AR - Many thanks for posting these two documents to the website, greatly appreciated.

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