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CHAPTER XXI.

OF THE PRIVILEGES OF THE MINERS, WHICH ARE EMPTY AND APPARENT ONLY, AND CONTRIBUTE NOTHING TO THEIR RELIEF OF SEQUESTRATIONS OF MINES AND REDUCTION WORKS FOR CROWN DEBTS, AND OF THE SUPPLIER'S PRIVILEGE.-CONSIDERATIONS ON THE MINER'S THREE GREAT ENEMIES; THAT IS TO SAY, THE MINER HIMSELF, THE SUPPLIER, AND CERTAIN OTHER PARTIES WHO DEAL WITH HIM.-COMMENDATION OF THE PRUDENT MANAGEMENT AND NOBLE UNDERTAKINGS OF TWO MINERS OF NEW SPAIN.

ORDINANCES XLVII. XLIX. L. LI. LII. LXXVIII. LXXXIII.

XLVII. ALSO, we ordain and command, that the washing places, which may be necessary for washing the ores of the aforesaid mines, shall be taken wherever most convenient to the miners, provided that if they would be injurious to any town, or to the cattle, and cannot be made without producing injury, the water shall be taken from the river, brook or pool, where such ores may be washed, and shall be turned off, so as not to return to such river or brook; and if this cannot be done, enclosures or courts shall be formed, at the expense of those who shall make such washing places; and for better performing the above, the mining justice, within whose district such washing places shall be made, shall cause the same to be complied with; so that the injury may be prevented. And in taking such washing places, they shall be staked out in the same manner as the mines aforesaid, and the dimensions of each washing place shall be 60 feet in length (each foot the third of a vara) and 12 feet in width; but if the washing places shall be supplied with the water drawn off from mines, and not from any river or brook, there shall be no obligation to perform any of the matters aforesaid, but they may be made wherever it shall seem best, near the mine, or the establishment where the ores may be smelted.

XLIX. Also, we ordain and command, that for the purpose of working, timbering and preserving the said mines, and constructing machines, buildings and huts, and for all other matters required for working and maintaining them, the owners of the aforesaid mines, and the persons employed about them, shall be at liberty to make use, and may make use, of all the forests, common ground, ground belonging to municipal bodies, and waste ground nearest to the said mines; and of the wood, timber and trunks thereof, and to cut down such as may be dry, to the root, without paying anything for it. And that they shall likewise be at liberty, for the purposes aforesaid, to make use of the wood, timber and trunks, and to cut down such as may be dry, to the root, in the pasture grounds of private persons and of municipal bodies, which shall be nearest to the aforesaid mines, paying for what they shall so cut down in such pasture grounds, the just value thereof to be estimated by the mining judge of the department; the person or body to whom

such pasture ground shall belong, being summoned. And with respect to green timber and wood they shall also be at liberty to cut, in such public forests, and forests belonging to municipal bodies, as aforesaid, so much of the same as shall be necessary for the buildings and machines, and for timbering and supporting such mines, without paying anything for it, first obtaining a license for that purpose from the mining administrator of the department, but not otherwise. And if there shall not be, in such public forests, or forests belonging to municipal bodies, such green timber as shall be necessary for the purposes aforesaid, they shall be at liberty to cut the same in such pasture grounds belonging to individuals and municipal bodies, as aforesaid : first obtaining a licence for that purpose, as is aforesaid, from the administrator, and, before all things, summoning the body or person to whom such pasture grounds may belong or under whose care they may be, that they may be advised what may be so ordered to be cut. And the aforesaid administrator shall take particular care not to give such licences, except only for so much as may be necessary for working and keeping up the said mines, and no more, and that as little injury and damage as possible, shall be done to such forests and pasture grounds. And although we have commanded that the parties shall be summoned, previous to cutting such green timber, the aforesaid administrator may enforce the cutting of what he shall think ought to be cut, notwithstanding any opposition thereto; in consideration of the great loss which might ensue to the works and buildings of the aforesaid mines, from any delay being occasioned.

L. Also, we ordain and command, that all such owners of mines, and persons concerned in working them, as aforesaid, shall be at liberty to drive into such pasture grounds, meadows and threshing grounds, common grounds or forests, belonging to the public or to municipal bodies, as aforesaid, which shall be near such mines, or the establishments thereof, all their oxen and beasts, and those of their servants, being necessary for working the aforesaid mines, either for the machinery, or for draught, burden or riding, and likewise the oxen used in the waggons for bringing provisions, timber or other things to the aforesaid mines, establishments and buildings; provided that if the pasture grounds belong to municipal bodies or individuals, they shall pay for the herbage and pasture as the same are paid for in respect of other cattle. And those who shall be engaged in searching or trying for mines, or who shall be on their way to search for them, shall be at liberty to take with them one beast each, without paying anything for the grass which shall be eaten by such beasts.

LI. Also, we ordain and command, that all the proprietors of such mines, and their servants, and the persons who shall be concerned in working such mines and their ores, shall be at liberty to hunt and fish, freely, within three leagues around the place where the mining establishments aforesaid, in which they may reside, shall be situated, in the same manner as they might

do, if they were inhabitants of the places situate within such space of three leagues, observing the laws and edicts of these our kingdoms upon that subject.

LII. Also, we ordain and command, that in any parts or places whatsoever, wherein mines have been discovered, or may henceforth be discovered, the owners thereof shall be at liberty to set up such establishments, houses, smelting houses, furnaces (hornas, buitrones, fuslines), and other works whatsoever, as may be necessary for working the mines, or smelting and refining the ores, when, how and in such manner and form, as they shall think proper, and even at a different spot from that where the mines are situated; provided that if all the proprietors of a mine shall be willing and able to set up such buildings togetheer, in one place, the administrator-general, or administrator of the department shall take especial care that it shall be so done and performed, if it can be done without damage or injury to the owners of such mines and ores. And if, for the more convenient smelting and refining of the ores, the owners of the mines, or any of them, should wish to set up their establishments, and smelting and refining furnaces, in a place where there is a river or brook, for the purpose of working the bellows, they shall be at liberty to do so; and may, for such purpose, freely make use of such river or brook, in such part, or at such place, as may be most convenient and least expensive to them, so that other persons be not injured, and that they pay for the space they may occupy, to be estimated and valued by two persons appointed by the mining judge of the department. And, that there may be no fraud in regard to the lead produced from such smelting works, we command, that each of the aforesaid mine owners shall keep an iron stamp, with which he shall stamp and mark the ingots of silver-lead, and all other ingots whatsoever produced from his mine or ore, and that it shall not be lawful to take them to be refined and that they shall not be refined, without such mark.

LXXVIII. Also we ordain and command, that all persons whatsoever, who shall be willing to carry provisions, maintenance and other things, to such mines, for the support of those who may abide or work in them, shall be at liberty to carry out, and may take and carry out the same freely, from all the cities, towns and places, of these our kingdoms and lordships. And that the justices thereof shall not prevent them, nor lay any embargo upon them, nor put any impediment in their way, nor enhance the price; but that, on the contrary, they shall assist and favour them, that the aforesaid mines, and the persons who may be concerned in them, may be always provided and supplied therewith.

LXXXIII. Also, by way of benefit and favour to those who shall hold and work such mines, and to the administrators, assayers, smelters, refiners, accountants and paymasters thereof,-We ordain and command, that in the parts and places where they shall reside, at such mines, they shall be free and exempt from having guests or beasts of burden quartered upon them, and

that they shall not be obliged to furnish beds, saddle-horses or mules, or waggons. And besides this, that they may, when at such mines, wear arms, of fensive or defensive, at all times, by day or night, provided they be not such as are prohibited, and be not worn in prohibited places: which our justices shall observe and shall not oppose, during all such time as they shall be employed about the said mines, or the working thereof.

I The Commentary of Gamboa in relation to the ordinances in this and the three suc. ceeding Chapters, is omitted, as adding nothing at present useful in the way of legal analysis or illustration to the ordinances themselves.

CHAPTER XXII.

OF THE REDUCTION OF THE ORE, BOTH BY SMELTING AND AMALGAMATION WITH A MINUTE DESCRIPTION OF THE PROCESS IN EACH INSTANCE.—OF ALL THE OTHER METHODS, WHETHER ANCIENT OR MODERN, USED, FOR THE SAME PURPOSE.—OF THE ASSAYERS AND ASSAYS, AND OF THE PROHIBITION AGAINST DEALING IN SILVER, UNSTAMPED.-TWO PLANS SUGGESTED FOR PREVENTING THE FREQUENT EVASION OF THIS ORDER.-IN CONCLUSION, A HISTORY OF THE ERECTION AND REGULATIONS OF THE GREAT MINT OF MEXICO.

ORDINANCES XLVIII. LIII. LIV. LV. LVI. LVII. LVIII. LIX. LX. LXI. LXII. LXXII. LXXIII. LXXV.

XLVIII. ALSO, we ordain and command, that no person shall presume to search for, carry away or work ore, from the refuse heap, washing place or slag heap of any other person (the owner thereof being known), under the penalty of ten ducats for the first offence, and twenty for the second, to be applied as is aforesaid; and for the third offence (over and above the payment of the aforesaid twenty ducats, to be applied as aforesaid), that he be banished for the term of three full years from the mines of that department, and that he do not shorten that term, under pain of completing twice the period. And moreover, all that he may have taken or may take, shall be for the owner of such refuse heap, washing place or slag heap: but we grant that the old slag heaps, which have resulted from ores of silver, copper, iron and other metals, and which, from having been made long since, have no owner, whereof there are many in these our kingdoms, may be made use of by such persons as shall work mines, because we are advised that they are good and necessary for the smelting of the ores; and we ordain, that any miners whatsoever shall be at liberty to carry them away from any place whatsoever where they may be, and to make use of the same, without any person having the power to hinder them, under pretence that they are in his pastures or grounds, or that he has registered them, or upon any other

ground whatsoever, if the owner who shall have accumulated such heaps do not appear.

LIII. Also, we ordain and command, that no person shall presume to smelt any ore, except in furnaces of his own, unless he shall have erected them in partnership; and if any person, not having a furnace of his own, shall wish to smelt in that of some other person, he shall signify the same to our administrator of the department, with whose licence he shall be at liberty to smelt there, but not otherwise, under the penalty of forfeiting such silver-lead, one half to our exchequer, and one half to the denouncer and judge; and also of forfeiting such mine, which shall be for the denouncer aforesaid. LIV. Also, we ordain and command, that when, in smelting the ore from any mine, it shall happen to be expedient, in order to facilitate the smelting, to mix with it a proportion of ore from some other mine, this may be done, with the licence of the administrator of the department, provided that the quality of the ore into which such mixture may be introduced, do not surpass that of the ore, which may be so mixed and combined with it; but if the former shall surpass the latter in quality, it shall not be lawful to do so, and it shall not be done, under the penalty of forfeiting the ore which may be so mixed, and the produce thereof, with as much more; one half to our exchequer, and the other half to the denouncer, and the judge who shall pass sentence. And in order that what is contained in this our edict may not be contravened, we command our administrators, in each district respectively, to take particular care to inspect and assay the ores from such mines, which it may be so wished to mix together, that what may belong to us may be liquidated accordingly. And having done so, and made inspection, as in a matter of such importance is meet, and having ascertained what proportion we are entitled to, according to the quality of such ores, they may give such licence as aforesaid, such mixture being very advantageous for facilitating the smelting.

LV. Also, we ordain and command, that in each of the aforesaid mining districts or works, there shall be erected at our expense, a refining house, with furnaces of different kinds (hornos, buitrones y fuslines,) as may be most convenient, which shall have bellows, tools and such other things as are required for the refining of the silver-lead, which may be smelted in each mining district. To which refining house all persons shall be obliged to bring all the silver-lead which may be raised and smelted from such mine. or mines, to be refined, and the same shall be there refined. And no person shall presume to refine such silver-lead, whether in large or small quantities, in any place except in such our refining house, nor to sell, give away or deal in such silver-lead, until it shall have been refined, under the penalty of forfeiting what he may so refine, sell, give away, or deal with in any other manner, with four times the amount, one half to be applied to our exchequer, and the other half to the person who shall in

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