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<DATE>2014-08-26</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140727.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B43777">
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<BIBNO T="oclc">[ocn]625106354</BIBNO>
<VID>211326</VID>
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<TEXT LANG="eng">
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<HEAD>REASONS Humbly Offered again&s;t the BILL Entituled, <HI>An ACT for Removing of Doubts and preventing of Controver&s;ies,</HI> CONCERNING ROYAL MINES, <HI>And that the</HI> KING <HI>may have the Preemption.</HI></HEAD>
<P>_THEIR Maje&s;ties Predece&s;&s;ors, Kings and Queens of <HI>England,</HI> have always been, by the <HI>antient</HI> Laws of this Land, entituled to <HI>all Mines of Gold and Silver,</HI> in this Their Maje&s;ties <HI>Kingdom of England,</HI> as a <HI>known</HI> part of their Hereditary Revenue.</P>
<P>As this <HI>inherent</HI> Right of the Kings of this Realm to <HI>Royal Mines,</HI> appears to have been one of the <HI>mo&s;t antient,</HI> &s;o it remains one of the <HI>mo&s;t indi&s;putable</HI> Branches of the Prerogative; and the claim and enjoyment of it, by Sovereign Princes, hath <HI>always</HI> been undi&s;turb'd and un|interrupted in all Ages and in all Nations.</P>
<P>This Branch of the Prerogative is no more <HI>valuable</HI> to their Maje&s;ties, than it is <HI>advantagious</HI> to the Kingdom. The Intere&s;t that accrews to Their Maje&s;ties, is doubled by the Benefit which ari&s;es from thence to the Kingdom: For this Revenue will not be in the nature of <HI>Cu&s;toms</HI> only, where Commodities are only brought in, and the Money of the Nation never <HI>augmented</HI> by them, and often <HI>decrea&s;ed</HI> in lieu of them. But the Riches of Their Maje&s;ties Kingdom will be encreas'd, by <HI>Silver</HI> of <HI>Dome&s;tic</HI> Growth; Their Subjects will be employ'd, and paid; and Their Exchequer fill'd, without the lea&s;t diminution of the currant Coin of the Nation. Whereas otherwi&s;e the <HI>Oar</HI> and <HI>Bullion</HI> in <HI>England</HI> will be <HI>Tran&s;ported,</HI> and other Nations en|riched with the intrin&s;ick Wealth of this Kingdom.</P>
<P>This <HI>Act</HI> wholly de&s;troys the Prerogative in <HI>Royal Mines,</HI> and gives it nothing in lieu of it, but a <HI>&s;eeming</HI> Right of Preemption, which is in its &s;elf, as re&s;trained in the Act, wholly impracticable; and if practicable, is no Compen&s;ation.</P>
<P>The Revenues of the King, which depend on many Branches of the Prerogative, have been &s;o con&s;tantly maintain'd, and the People &s;o concern'd in the defence of them, in ea&s;e of them&s;elves, that never any of them have been touch'd in <HI>former</HI> Reigns, without &s;ecuring a &s;ufficient equivalent to the Crown. And there are no other than fal&s;e and unwarrantable Sugge&s;tions offer'd in the Preamble of this Bill, for the alteration of the known and antient Law of this Nation now, and for di|mini&s;hing the Hereditary Revenues of the Crown.</P>
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<HEAD>The <HI>Preamble</HI> of the <HI>Act,</HI> recites That &mdash;</HEAD>
<P>Whereas <HI>by a Clau&s;e in one Act Parliament, made in the</HI> 1&s;t. <HI>Year of their Maje&s;ties Reign; Entituled, an Act to repeal the Statute, made in the</HI> 5. <HI>Year of K.</HI> Hen. IV. <HI>again&s;t the multiplying of</HI> Gold <HI>and</HI> Silver. <HI>It is among&s;t other things</HI> Enacted, <HI>that no Mine of</HI> Tinn, Copper, Iron <HI>or</HI> Lead, <HI>&s;hall hereafter be adjudged reputed or taken to be a</HI> Royal Mine, <HI>although</HI> Gold <HI>or</HI> Silver <HI>may be extracted out of the &s;ame. But notwith&s;tanding the good Provi&s;ion by the &s;aid Statute, to prevent the di&s;couraging Their Maje&s;ties good Subjects, who have Mines of</HI> Copper, Tinn, Iron <HI>or</HI> Lead <HI>in their Soils, from Digging and Opening the &s;ame. Many Doubts and Que&s;tions have ri&s;en upon the &s;aid Statute, whereby great Suits and Troubles have ri&s;en to many Owners and Proprietors of &s;uch Mines.</HI></P>
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<P>Whereas in truth, there is <HI>no</HI> Provi&s;ion made by that Act. No Doubts and Que&s;tions have ri&s;en concerning the &s;ame, nor any Suits and Troubles to <HI>many</HI> Own|ers and Proprietor<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of <HI>Royal Mines</HI> thereby.</P>
<P>Fir&s;t, The good Provi&s;ion made by that Statute, doth not <HI>alter, change,</HI> or <HI>abridge</HI> the antient Rights of their Maje&s;ties in <HI>Mines Royal,</HI> nor was intended to make any alteration in the Law, but to leave <HI>Royal Mines</HI> in the &s;ame &s;tate as they were before; &s;o that Mines of <HI>Copper, Tinn, Lead</HI> or <HI>Iron,</HI> which before the making of that Act did belong to the Subject, &s;hould &s;o continue, and &s;hould not be reputed <HI>Royal Mines;</HI> tho by the <HI>new</HI> and <HI>extraordinary</HI> Skill of extracting <HI>Gold</HI> and <HI>Silver,</HI> and the Art of <HI>Multiplication,</HI> which the Act made lawful to put in Practi&s;e, <HI>Gold</HI> and <HI>Silver</HI> might be drawn out in greater Quantities than before. And this is the plain &s;en&s;e of that Act, and &s;o taken by the Court &s;ince, without any Doubt or Scruple concerning it.</P>
<P>Secondly, No Proprietor, or pretended Proprietor hath been &s;ued in <HI>England,</HI> on the account of <HI>Mines Royal,</HI> &s;ince the making of that Act, but Sir <HI>Carbery Price;</HI> In that Cau&s;e Two Verdicts have been obtained for Sir <HI>Carbery,</HI> upon the <HI>difference</HI> of the Te&s;timony on both &s;ides. For many unque&s;tionable <HI>Refiners</HI> and others, Witne&s;&s;es on behalf of the King, &s;wore, that out of <HI>Oar, cho&s;en</HI> and <HI>taken up</HI> by Sir <HI>Carbery</HI>'s <HI>own</HI> Commi&s;&s;ioners, <HI>Sealed</HI> and <HI>Delivered</HI> into Court by them, they, with|out any <HI>extraordinary Art</HI> or <HI>Mixture,</HI> by the <HI>ordinary</HI> method of Refining, did extract 40<HI>l.</HI> of <HI>Silver</HI> in value, <HI>per</HI> Tun proportionably and upwards; and &s;ome <HI>E&s;&s;ay-Ma&s;ters (who&s;e proper bu&s;ine&s;s is not Refining)</HI> &s;wore, that they could not according to their Skill, extract above 3<HI>l.</HI> proportionably out of a Tun, of the &s;ame <HI>Oar.</HI> And this Proof being barely <HI>Negative,</HI> and depending on the <HI>pretended</HI> Skill of the &s;aid <HI>Say-Ma&s;ters,</HI> was credited by the &s;aid <HI>Juries,</HI> again&s;t the <HI>po&s;itive</HI> Evidence of <HI>Refiners</HI> and others; and when it was offered, to have a Tryal made of the &s;aid <HI>Oar,</HI> taken up by Commi&s;&s;ioners on <HI>both</HI> &s;ides, by Refiners on <HI>both</HI> &s;ides, in the <HI>pre&s;ence</HI> of the Jury, or of Commi&s;&s;ioners; Sir <HI>Carbery Price</HI> hath declined that plain Method of a&s;certaining the difference of the Evidence, and doth in&s;i&s;t on his <HI>Privilege,</HI> as a Bar to the Action, and to the fair Tryal of the Matter in Controver&s;ie, tho he hath once wav'd it in that very Action under his <HI>Hand</HI> and <HI>Seal;</HI> and &s;ince the &s;aid Trial, the former method of Trial of the <HI>Oar,</HI> taken up by Sir <HI>Carbery</HI>'s Commi&s;&s;ioners, hath been <HI>&s;uccesfully</HI> attempted, and managed by indifferent Refiners, before Commi&s;&s;ioners appointed by Their Maje&s;ties, to their full Satisfaction.</P>
<P>It is Enacted, <HI>That all Proprietors of</HI> Mines <HI>in</HI> England, Ireland <HI>or</HI> Wales, <HI>wherein any</HI> Oar <HI>now is, or hereafter &s;hall be found, may hold, enjoy and digg the &s;aid</HI> Mine, <HI>notwith&s;tanding &s;uch</HI> Mine <HI>or</HI> Oar <HI>&s;hall be claimed to be a</HI> Royal Mine.</P>
<P>Hereby the <HI>antient indi&s;putable</HI> Right of the Crown, is wholly taken away, and lodg'd in the Lord of the Soil. And not only the King's Inheritance and future Intere&s;t in all <HI>Royal Mines</HI> is precluded, but the Act hath a retro&s;pect, and <HI>dive&s;ts</HI> Their Maje&s;ties, and the Purcha&s;ers under them, of &s;everal <HI>Mines</HI> already open'd, and which they have for many Ages <HI>quietly</HI> enjoy'd. For this Act breaks in, not only upon Their Maje&s;ties <HI>undoubted</HI> Prerogative, but upon the <HI>Property</HI> of &s;everal Per&s;ons that claim under the Crown for a <HI>valuable</HI> Con&s;ideration, and are <HI>now</HI> actually in Po&s;&s;e&s;&s;ion of &s;everal <HI>Royal Mines,</HI> which they have drein'd, and hitherto work'd at <HI>va&s;t</HI> Expence: And Their Maje&s;ties will not only loo&s;e the re&s;erv'd Rent, but the Le&s;&s;ee's them&s;elves will be dive&s;ted of the future Profits, which may, and ought lawfully to accrew to them, after their <HI>va&s;t</HI> Labour and Charges.</P>
<P>The Crown never did, nor will, deny the Proprietor a Lea&s;e of the <HI>Riche&s;t Mines</HI> in <HI>England,</HI> nor cannot refu&s;e him a Third Share by the By-Laws of the Com|pany, if he will &s;ubmit to work it in this Nation, and to bring the <HI>Bullion</HI> to the <HI>Tower</HI> to be Coined. And the &s;ole End of the Erection of the <HI>Company for Mines Royal;</HI> and their Care therein is, that the King may have a rea&s;onable Rent out of the <HI>Mines,</HI> and that the <HI>Oar</HI> may not be Tran&s;ported into <HI>other Nations,</HI> but work'd in <HI>England,</HI> and the <HI>Bullion</HI> thereof Coined there. And Their Maje&s;ties never did deny, or refu&s;e, the Proprietor of the Soil a <HI>rea&s;onable</HI> Share. In the <HI>Royal Mine</HI> found out in Sir <HI>Carbery</HI>'s Land, if he had not thought fit rather to joyn with certain Per&s;ons his Partners, and to allow them &s;hares thereof, in <HI>oppo&s;ition</HI> to His Maje&s;ty's <HI>clear</HI> and <HI>undoubted</HI> Title.</P>
<P>Provided <HI>always, and</HI> be it Enacted <HI>and Declared, That Their Maje&s;ties, Their Heirs and Succe&s;&s;ors, and all claiming any</HI> Royal Mines <HI>under them, &s;hall and may have the</HI> Oar <HI>of any &s;uch</HI> Mine, <HI>or</HI> Mines, <HI>in any part of the &s;aid Kingdom of</HI> England, <HI>or</HI> Ireland, <HI>or Dominion of</HI> Wales, <HI>or Town of</HI> Ber|wick <HI>upon</HI> Tweed, (<HI>other than</HI> Tin Oar, <HI>in the County of</HI> Devon, <HI>and</HI> Cornwal,) <HI>paying to the Proprietors, or Owners, of the &s;aid</HI> Mine, <HI>or</HI> Mines, <HI>wherein &s;uch</HI> Oar <HI>is, or &s;hall be found<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> within</HI> 15 <HI>Days after the &s;aid</HI> Oar <HI>is, or &s;hall be rai&s;ed, and laid upon the Baults of the &s;aid</HI> Mine <HI>or</HI> Mines, <HI>and before the &s;ame be removed from thence, the &s;tates following, (that is to &s;ay,) for all</HI> Oar <HI>wherein is</HI> Copper <HI>the rate of</HI> 16<HI>l.</HI> per <HI>Tun: And for all</HI> Oar <HI>wherein there is</HI> Tin <HI>the rate of</HI> 40 <HI>l.</HI> per <HI>Tun: And for all</HI> Oar <HI>wherein there is</HI> Iron <HI>after the rate of</HI> 40 <HI>l.</HI> per <HI>Tun: And for all</HI> Oar <HI>wherein there is</HI> Lead <HI>the rate of</HI> 9 <HI>l.</HI> per <HI>Tun, or otherwi&s;e. That it &s;hall and may be Lawful, for the Owners, or Proprietors, of the &s;aid</HI> Mine <HI>or</HI> Mines, <HI>wherein &s;uch</HI> Oar <HI>is, are, or &s;hall be found, to &s;ell and di&s;po&s;e of the &s;aid</HI> Oar, <HI>to his, or their own V&s;es, any Law, Statute, or Cu&s;tom to the contrary notwith&s;tanding.</HI></P>
<LIST>
<ITEM>I. It is to be ob&s;erved, that this propos'd Compen&s;ation, being &s;o re&s;trained in time, is altogether Impracticable, in Places as far di&s;tant from <HI>London</HI> as <HI>Mines</HI> ge|nerally are.</ITEM>
<ITEM>II. It is no Compen&s;ation if Practicable, becau&s;e it makes the King pay for that which is his own, and that at <HI>double</HI> the price, than any other private Per&s;on can purcha&s;e it; and this is the only equivalent granted by the &s;aid Act to Their Maje&s;ties. That in re&s;pect of their antient and undi&s;putable Inheritance, they &s;hall be Privi|leg'd, if they make very &s;udden Payments, to buy that <HI>Oar</HI> for 9<HI>l. per</HI> Tun, which is ordinarily &s;old to Their Subjects for 4 <HI>l.</HI></ITEM>
</LIST>
<P><HI>Wherefore it is humbly Pray'd, That the &s;aid Bill may not Pa&s;s <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> an <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ct.</HI></P>
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