BOOK IV. 



HE third book has explained the various and 

 manifold varieties of veins and stringers. This 

 fourth book will deal with mining areas and the 

 method of delimiting them, and will then pass on to 

 the officials who are connected with mining affairs 1 . 

 Now the miner, if the vein he has uncovered 

 is to his liking, first of all goes to the Bergmeister 

 to request to be granted a right to mine, this 

 official's special function and office being to adjudi- 

 cate in respect of the mines. And so to the first man who has discovered 

 the vein the Bergmeister awards the head meer, and to others the remaining 

 meers, in the order in which each makes his application. The size of 

 a meer is measured by fathoms, which for miners are reckoned at six feet 

 each. The length, in fact, is that of a man's extended arms and hands 

 measured across his chest ; but different peoples assign to it different lengths, 



x The nomenclature in this chapter has given unusual difficulty, because the organisa- 

 tion of mines, either past or present, in English-speaking countries provides no exact 

 equivalents for many of these offices and for many of the legal terms. The Latin terms in 

 the text were, of course, coined by the author, and have no historical basis to warrant their 

 adoption, while the introduction of the original German terms is open to much objection, as 

 they are not only largely obsolete, but also in the main would convey no meaning to the 

 majority of readers. We have, therefore, reached a series of compromises, and in the main 

 give the nearest English equivalent. Of much interest in this connection is a curious exotic 

 survival in mining law to be found in the High Peak of Derbyshire. We believe (see note 

 on p. 85) that the law of this district was of Saxon importation, for in it are not only 

 many terms of German origin, but the character of the law is foreign to the older 

 English districts and shows its near kinship to that of Saxony. It is therefore of interest 

 in connection with the nomenclature to be adopted in this book, as it furnishes about the 

 only English precedents in many cases. The head of the administration in the Peak was the 

 Steward, who was the chief judicial officer, with functions somewhat similar to the 

 Berghauptmann. However, the term Steward has come to have so much less significance 

 that we have adopted a literal rendering of the Latin. Under the Steward was the Barmaster, 

 Barghmaster, or Barmar, as he was variously called, and his duties were similar to those of 

 the Bergmeister. The English term would seem to be a corruption of the German, and as 

 the latter has come to be so well understood by the English-speaking mining class, we have 

 in this case adopted the German. The Barmaster acted always by the consent and with the 

 approval of a jury of from 12 to 24 members. In this instance the English had functions 

 much like a modern jury, while the Geschwornen of Saxony had much more widely extended 

 powers. The German Geschwornen were in the main Inspectors ; despite this, however, we 

 have not felt justified in adopting any other than the literal English for the Latin 

 and German terms. We have vacillated a great deal over the term Praefecius Fodinae, the 

 German Steiger having, like the Cornish " Captain," in these days degenerated into a foreman, 

 whereas the duties as described were not only those of the modern Superintendent or 

 Manager, but also those of Treasurer of the Company, for he made the calls on shares 

 and paid the dividends. The term Purser has been used for centuries in English mining for 

 the Accountant or Cashier, but his functions were limited to paying dividends, wages, etc., 

 therefore we have considered it better not to adopt the latter term, and have compromised 

 upon the term Superintendent or Manager, although it has a distinctly modern flavor. The 

 word for area has also caused much hesitation, and the " meer " has finally been adopted 

 with some doubt. The title described by Agricola has a very close equivalent in the meer 

 of old Derbyshire. As will be seen later, the mines of Saxony were Regal property, and 

 were held subject to two essential conditions, i.e., payment of a tithe, and continuous 

 operation. This form of title thus approximates more closely to the " lease " of Australia 

 than to the old Cornish sell, or the American claim. The fundgrube of Saxony and Agricola's 

 equivalent, the area capitis head lease we have rendered literally as " head meer," 

 although in some ways " founders' meer " might be better, for, in Derbyshire, this was called 

 the " finder's " or founder's meer, and was awarded under similar circumstances. It has 

 also an analogy in Australian law in the " reward " leases. The term " measure " has the 

 merit of being a literal rendering of the Latin, and also of being the identical term in the same 



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