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TRANSLATION OF THE LAWS OF SPAIN,

"CONCERNING MINES OF GOLD, SILVER, AND OTHER METALS,”

CONTAINED IN THE

18th Title of the “Novisima Recopilacion”

PUBLISHED IN 1806,

With Translations from the "Commentaries on the Mining Ordinances of Spain."

BY DON FRANCISCO XAVIER DE GAMBOA.

NOVISIMA RECOPILACION, VOL. iv., p. 366.

TITLE XVIII.

CONCERNING MINES OF GOLD, SILVER AND OTHER METALS.
Laws 47 and 48, tit. 32 of the ordinamiento de alcalá.

LAW I.

The right of the King in mines of gold, silver, and other metals, salt springs and wells, and the prohibition to work them without royal licence.

All minerals of gold, silver, lead and every other metal whatsoever in our realms belong to us; therefore no one shall presume to work them without our especial licence and command; and in like manner salt fountains, reservoirs and springs, which are for the manufacture of salt, belong to us ; wherefore we command that the rents derived therefrom be paid to us and that no one presume to intermeddle with them, except those to whom former kings our predecessors, or we ourselves shall have granted the privilege or who shall have acquired them by immemorial possession. (Law 3, tit. 13, book 6, R.*)

LAW II.

Don John I. at Birbisca in the year 1387.

Concerning the right of searching for mines by a person in his own lands and those of other persons, and to work them, with the premium which is assigned.

Inasmuch as we are informed that these our kingdoms abound and are rich in minerals; therefore as an act of grace and favor to our said kingdoms and the inhabitants and residents of the cities and incorporate villages and

*This reference and subsequent similar ones are to a previous compilation of Spanish law entitled "Nueva Recopilocion" also called the "Collection of Castile,” (T.)

other places and to persons connected with the church, notwithstanding that by ourselves and our royal ancestors in those privileges which have been granted as a matter of favour there has been reserved by us minerals of gold, silver, and other similar metals; it is our pleasure that henceforth all said persons and all others whomsoever, of these our said kingdoms, may search for, examine, and may excavate their said lands and estates and remove from them said minerals of gold, silver, quicksilver and tin, stone and other metals; and that they may search and excavate for minerals in all other places. whatsoever, not prejudicing in their searches and excavations, the rights of other persons, and acting with the permission of the owner; and all the minerals which shall be thus found and extracted shall be divided as follows: First, there shall be delivered and paid therefrom to the person who extracted the mineral all expenses of excavating and extracting, and of the remainder, the said expences having been deducted, the third part shall belong to the person extracting the mineral, and the other two parts to ourselves.-(Law 3, tit. 13, Book 6, R.)

LAW III.

Don Philip II. and during his absence, the Princess Donna Joanna at Valladolid, January 10,

1559.

Concerning the incorporation of mines of gold, silver, and quicksilver in the

Crown, as Royal Patrimony, and the mode of working them.

It being very well known and understood, that great benefit and advantage as well to ourselves and our royal patrimony as to our subjects and native citizens, and the public good of our kingdom has followed the discovery, opening and working the mines of gold, silver and quicksilver and other metals in which these our kingdoms, as we learn from very ancient periods, are very rich and abundant; and although by the law which was enacted by king John First (see previous law) the right was granted to all persons to seek for, excavate and work the said minerals and metals, and by the same law is designated the mode of apportionment, yet experience has shown and we now perceive that there are very few mines which have been or will be discovered and worked; and yet it is said that there are some persons who have knowledge of rich mines, and for gain keep them concealed and will not make known their discovery, which, as we are informed, has arisen, among other causes, from the fact that the greater part of said mines have been and are sold to noblemen and other persons in the kingdoms, and from the grants by bishoprics and archbishoprics and provinces, so that in relation to said mines almost the whole kingdom has been thus distributed and divided up. And considering that the mines were granted to particular persons, and that no others should interfere with or embarrass them in the discovery or working of them, and especially that in many of the said grants it is expressly and par

ticularly provided, that without the licence and consent of the first grantees, no one could seek for or work them, and the noblemen and persons who hold the said property so purchased, either in order to avoid the expence and labor, or to relieve themselves from attention to the business, have bestowed, and now bestow very little care and diligence in the discovery, occupying and working said mines; and as very little advantage has followed to them or is now received from estates so purchased, and the benefit which we ourselves and our subjects and citizens might receive has been and continues to be generally impaired; and it being represented that others will not engage in the discovery, occupation and working of said mines, because although by the said law of King John, the portions which each party is to have are designated, yet, as it is so ancient and has been so little in use and practice, and as neither in that nor in other laws of the kingdom have the many doubts and difficul ties which may occur been determined, and which have thus occasioned disputes and lawsuits, they are apprehensive and fearful of expending their money and labor in such discovery and working of the mines; and principally having doubts whether the said law and its provisions is to be understood to embrace the mines which were rich, and from which great and excessive interests might have been expected and obtained; and in order in relation to all the matters aforesaid, to make such provisions that the obstructions and difficulties aforesaid may come to an end, and effectually to secure the rewards and advantages so that many persons of wealth may invest their property in the discovery, occupation and working of the mines, by whose diligence and labor God will permit the developement of the riches and bounties which are hid and covered up in the earth, and our own royal patrimony will be increased, the condition of our subjects ameliorated and our realm enriched; and having commanded some of our principal accounting officers. (contadores) to confer with some of the members of our council, and in a matter of so great importance, we having ourselves conferred with and been consulted by them; it was resolved that we should direct the issue of this our ordinance, and adopt the provisions hereinafter written; and we have approved of the same, and will that it shall have the vigor and force of law in the same manner as if it had been done and agreed to in the Cortes on the petition of the representatives (Procuradores) of the cities and villages of these kingdoms.

First, we reclaim, resume, and incorporate in ourselves and in our crown and patrimony all mines of gold, silver and quicksilver in these our kingdoms in whatever parts or places they may be or be found, whether the estates of the crown or of the nobility or clergy, or belonging to the public or the town

*The general meaning of the term "procurador" is the agent or representative of another in the execution of a power entrusted to him. Anciently the "Procurador de Cortes" was a person deputed by the cities or villages having a vote in the Cortes to represent them and to agree in their name to the services asked by the king. (T)

ships or vacant lands, or in the estates and portions and lands of individuals, notwithstanding the grants which by ourselves or by the kings, our ancestors have been made, to any and all persons whatsoever of whatever state, rank and dignity they may be, and for whatever causes and reasons, as well grants for life or for years, and on condition as those perpetual, free, and without condition; all which said grants, in view of the facility and generality with which they have been made, and the prejudice which to ourselves and our crown and royal patrimony has ensued and still continues, and the damage and injury to the public good, and the well being of our subjects and citizens which have resulted and may continue to result, and for other just causes thereto moving us, we revoke, annul and vacate, and it is our will and pleasure that the said minerals now and henceforth without any other act of seizin or possession, belong to our said crown and patrimony in accordance with, and as by the laws of these our kingdoms and ancient usages and customs properly belong to us in the same manner as if said sales and conveyances or any of them had not been made and granted; and that the same shall alone continue as binding and in full force in relation to the mines of silver and gold in which the persons aforesaid, to whom said grants were made, or others in their name, and by their consent, have commenced working and are actually now at work at the date of these presents; and moreover, it is our pleasure to recompense and indemnify the noblemen and other persons to whom the said grants which we have thus revoked, have been made, according as upon the examination of their conveyances of title, the causes and reasons of their being granted, their conditions and limitations and the extent to which they have been performed and complied with, on their part may appear just and reasonable. And to this end we order that those who hold the said grant, and claim the said recompense, shall present their claims within one year, in order that in view of the matters aforesaid, they may receive the recompense which is their due.

Second, inasmuch as the reducing and incorporating in ourselves and our royal patrimony, the said minerals as above stated is not with the view that we alone, or others in our name alone may seek for, discover, and work the said minerals, but rather that it is our purpose and pleasure that our subjects and native citizens shall participate in and have a portion of said minerals, and may employ themselves in the discovery and working of them; therefore, by these presents we give permission and full authority to our said subjects and citizens, that they may freely without any other licence from ourselves or any other quarter, examine, seek for and excavate the said minerals of gold and silver, in all parts whatever of the estates of the crown, or of the nobility or clergy, and all other persons whatsoever, as well in public territory, common and unappropriated lands, as in the estates and lands of individuals, on paying the damage to the owners; and that no person or persons shall interpose any obstruction or embarrassment neither on account of the said

grants which have been made, and which as above stated we have revoked, nor for any other cause or reason whatsoever. And moreover, we grant the free privilege and full permission to all our said subjects and citizens, that in relation to the mines of gold and silver which they shall have discovered and have had registered in the manner hereinafter declared, to excavate and extract the said metals, and operate and work them, and employ all the machinery, labor and diligence which may be necessary, without being obstructed or embarrassed by ourselves or any one in our name, nor by the occupation of any other person, and that the within limits and boundaries of the mine which has been so discovered and registered, no other person be allowed to excavate and seek for, nor to work and labor upon the same. The said discoverer complying with the provisions hereinafter stated and ordained. It being understood that they may hold, explore and discover said mines in said regions and places except in the mines of Guadalcanal and one league around them, and in the mines which are discovered within the limits of Cazalla, Aracana, and Galarroca and a quarter of a league around each of them. All which shall have full and complete effect notwith. standing any leases which we may have ordered to be made of any of the minerals of our kingdom. (Chapter 1, 2 and 3 of the law 4. Tit. 1, Book 6, Recopilacion.) (a)

LAW IV.

WITH GAMBOA'S COMMENTARIES.

Don Philip II. at San Lorenzo, Aug. 22, 1584.

New ordinances which are to be observed in the discovery, occupation and working of the mines of gold, silver, quicksilver and other metals.

CHAPTER I.

OF THE NEW CODE OF MINING ORDINANCES, THE OLD ORDINANCES RE-
MAINING IN FORCE, SO FAR AS THEY ARE NOT REPEALED BY THE FOR-
MER, AND HOW FAR THEY ARE TO BE OBSERVED IN THE KINGDOM OF
NEW SPAIN.-A NOTICE OF THE ORDINANCES FRAMED BY SOME OF THE
VICEROYS, AND OF THE ORDINANCES IN FORCE IN PERU.

ORDINANCE I.

WE revoke, annul and make void the edicts issued at Valladolid, and all (a) (Note (a) to the original text.)-The sections from the 3d to the 7th of this law as-contained in the former compilation, treat of the portion which shall be received by persons discovering and working the mines in conformity with the second law; concerning the forms and modes of prove ding in their discovery and registry, and of the powers and rights of the discoverers; which sections are omitted as they will be found to have been repealed in the new ordinances contained in law 4th of this title published in 1584; and for the same reasons are omitted those comprehended in 78 sections in the royal edict of Madrid, of the 18th March, 1563, contained in law 5, Tit. 13, Book 6, of the Recopilacion.

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