298 MINING IN THE CHAP. x. 



mineral property on the crown, there being 

 scarcely any base metal but what holds some 

 particles of the nobler metals. The others, how- 

 ever, but at a later period, qualify their opinion, 

 by saying, " That although the gold or silver 

 contained in the base metal of a mine, in the 

 hands of a subject, be of less value than the 

 base metal, yet if the gold or silver do counter- 

 vail the charge of refining it, or be of more 

 worth than the base metal spent in refining it, 

 this is a royal mine; and as well the base 

 metal as the gold and silver in it belong to the 

 prerogative of the crown V 



Immediately after the revolution, the crown, 

 by an act passed the first year of William and 

 Mary, relinquished all claims to the mines of 

 copper, tin, iron, and lead, although gold or 

 silver might be extracted from them in any 

 quantities. By a subsequent act, which con- 

 firmed the former, the crown reserved a right 

 to purchase within thirty days after raising all 

 ore made merchantable at the following rates, 

 viz., copper at 16 per ton; lead at 9; and 

 tin at 40 ; and in default of such payment the 

 owners were at liberty to dispose of their ore as 

 they pleased. 



Thus, though an appearance of right has been 



1 This opinion was given in the year 1640, and subscribed 

 by Maynard and others, the first lawyers of that period. 



