32 History of the English Landed Interest. 



undisputed title covered the entire coal-field, not only under 

 his demesne lands, but under unenclosed arable ground, copy- 

 holder's fields and waste. 



Nor was such a seignorial claim contrary to common law. 

 Over and over again must the question of this peculiar form of 

 waste have arisen in the mediseval manorial courts. All barren 

 ground belonged to the lord of the manor,^ and save him ^ no- 

 body was allowed to dig in any common except for gravel for 

 the highways.^ A farmer digging for mines was said to have 

 committed waste,* and since the statutes dealing with "tenants" 

 applied equally to copyholders,^ they too, unless especially per- 

 mitted by manorial custom, were indictable for waste.*^ 



Another interesting dispute is that which occurred in the 

 same district four years later. ^ In this case the Attorney- 

 General is concerned for the relators. Sir Paul Neile and others, 

 who were the lessees of the Edderley Colliery, in consideration 

 of a fine of £l,irX) payable to the Bishop of Durham, as lessor. 

 Smelt and others, the defendants, were accused of having sunk 

 pits close to the bishop's boundaries, and worked coal which 

 served as a barrier to protect the relator's pits from water 

 damage. The court directed a commission, to be appointed by 

 the registrar, to examine the workings, and the defendants 

 appear to have blocked their levels in such a way as to render 

 abortive the efforts of the commissioners. The latter reported 

 this malicious obstruction to the court, and stated their in- 

 ability to do more than certify that all the water-courses in 

 the defendant's workings tended towards the relator's colliery. 

 The court thereupon ordered the defendants to clear ojff the 

 obstructions, and the commissioners made a further examina- 

 tion and report, on which, ultimately, the court based its 

 decision. 



* Kitchen's Court Leet, p. 114. 



- Even the lord was restricted. Jacob's Compleat Court Keeper, p. 260. 

 3 Kitchen's Court Leet, p. 113. 



* 9 Ed. IV. fol. 35, and Kitchen's Court Leet, p. 885. 



* Id. Ibid, p. 175. 



« 26 Hen. VIII. fol. 8, and Kitchen's Court Leet, p. 168. 

 ^ Transactions of the North of England Mining Institute, vol. xv., 

 Appendix A. 



