form against him, and the judge who shall give sentence; which penalty aforesaid shall also be incurred by any person who shall take any part in the above. And where, from there not being any works established, and from there not being mines sufficient to render it necessary, it may not be convenient to set up such refining house, the said admimistrator of the department shall provide and make such arrangements as may be expedient and necessary, for collecting such lead as may be there, for the purpose of refining. And the silver-lead, which shall be so collected, shall be carried to the nearest refining house; and when arrived there, such order shall be observed in regard to the refining thereof, and in all other respects, as is provided with respect to the ingots of silver-lead refined in such house in the ordinary way. But it is our gracious will, that such mine owners shall be spared as much expense as possible in the conveyance of the silver-lead, which, for the reason aforesaid, may not be refined at the mines aforesaid.

LVI. Also, we ordain and command, that there shall be, in each of such refining houses at the several mines or districts, such refiners as may be requisite, to be appointed by our administrator of the department, to the satisfaction of the mine owners, who shall refine the silver-lead which may be produced from such district or mine, at the expense of the parties, being supplied by them with such charcoal as may be necessary; and that no other person shall intermeddle in such refining, under the penalty of receiving 100 lashes, and of serving three years at the oar in our galleys, without wages; and the administrator aforesaid, shall fix the rate at which such refiners are to be paid, for every quintal which they may refine.

LVII. Also, we ordain and command, that in each mining district, where there may be such a refining house and in any other place where such may be set up, under the orders of our administrator aforesaid, there shall be a sworn clerk, who shall weigh the silver-lead which may be brought to be refined, and who shall take an oath, upon being admitted into his office, that he will discharge his duty truly and faithfully; and likewise a notary, who shall give certificates of the parcels of silver-lead which may be delivered to the refiner, and all the parcels of silver-lead which shall be brought to be refined shall be delivered to the refiner aforesaid, who shall have been selected by the aforesaid administrator of the department to refine the same. And the administrator aforesaid shall keep a book, wherein all such parcels shall be entered, and the notary aforesaid shall keep another book, for the same purpose; which books, shall have an alphabetical index, with a separate account for each of the persons who may bring silver-lead to be refined; and the sworn clerk aforesaid shall note, on a separate leaf, what is the weight of such ingots, and they shall be delivered to the refiner; and in such book shall be entered, the day, month and year, the weight and number of the ingots, the names of the persons who may have brought them to be refined, what is the mark upon them, the name or names of the mine or

mines from which they may have proceeded, and the name of the refiner to whom they may be delivered, in such manner that a particular reckoning and account of the whole shall be kept. And the aforesaid administrator of the department or some person appointed by him, and the notary aforesaid, and the party, if he be able to write, and if not, then some other person for him, shall sign both the said books; and after all that is above-mentioned is done, the refiner aforesaid shall refine such parcel; but the silverlead from one mine shall not be mixed with that from another mine, under the penalty, against the party so mixing them, of forfeiting such lead and silver, with four times the value, to be applied as is aforesaid; and if the refiner aforesaid shall mix them, he shall receive 100 lashes, and shall serve three years at the oar in our galleys. And we charge our administrator aforesaid, to observe particular care and diligence in seeing that such refining is faithfuly performed, so that no fraud be practiced against our rights and no injustice be done to the parties.

LVIII. Also, we ordain and command, that, what is above-mentioned being done, and the silver being refined and taken out in the presence of our aforesaid administrator of the department, or some person appointed by him, and of the notary aforesaid, the sworn clerk shall weigh the silver, and take from it such part as we may be entitled to, agreeably to these our ordinances, and the same shall be delivered to the person whom we shall direct to be appointed for that purpose, who shall be charged with what may be so deliv ered to him, noting it in the books aforesaid, and in the book which our administrator aforesaid is to keep, with a record of the day, month and year, the mine or mines from which such silver proceeds, the name of the owner of the parcel, and of the person who has brought it to be refined, the weight of the silver in such parcel, and the proportion thereof which may belong to us, and may have been delivered to the aforesaid administrator; and all the persons aforesaid, and the party himself, shall sign the aforesaid three books, that the administrator may render an account accordingly, when required of him and the remainder of the silver (after taking out our proportion, as aforesaid), shall be delivered to the owner, after impressing upon one, two or more places in each ingot (as it may require), the stamp of our royal arms, without which stamp aforesaid, no one shall presume to sell, purchase or deal in the silver raised from the aforesaid mines, under the penalty of forfeiting such silver, and what may be purchased therewith, and the half of all his property, to be applied as aforesaid. And over and above this, he shall be banished from the mines aforesaid, and the space of ten leagues around, for the term of six full years; and he shall not shorten such term, under pain of serving during the same period in the galleys, or wherever he may be ordered; which penalty aforesaid shall be incurred by the purchaser, or the person with whom dealings may be had in respect of such silver.

LIX. Also, forasmuch as many ores of silver are worked and reduced by

quicksilver, at a less expense, and with more profit, and it might happen that some persons might propose to work with quicksilver, certain ores adapted for that method, in consequence of which, what is provided and commanded with respect to the ores worked and reduced by smelting and refining could not be observed, so as to make such silver, so reduced by quicksilver, pay to us the duty to which we are entitled, agreeable to these our ordinances, without any diminution therein :-We ordain and command, that any person who shall be desirous to work and reduce such ores by quicksilver, shall be obliged to give notice thereof to our administrator aforesaid, and to mention to him the mine or mines, the ores of which he shall wish to work and reduce by quicksilver, as aforesaid, that the same may be entered, and that it may be known, that the ores of such mine or mines are worked and reduced by quicksilver; and during all such time as they shall choose to work and reduce such ores by that method, they shall not be at liberty to work, and shall not work or reduce the same in any other manner, unless upon giving notice thereof to the administrator, when they shall propose to do so, that the same may be noted, and that it may be known that they do not any longer work or reduce the ores of such mine with quicksilver, as aforesaid. And if they shall work and reduce the ores of such mines in any other manner, they shall forfeit the silver and ore, one half to our exchequer, and the other half to the informer and the judge who shall pass sentence, and they shall forfeit such mine or mines, which shall be for the informer. And the share or duty which we may be entitled to have, agreeably to these our ordinances, shall be ascertained by weighing the quintals of ore which may be mixed with quicksilver, in the presence of the sworn clerk, and notary, and of our administrator; and when the quicksilver shall have been driven off from the amalgam obtained, so that the silver shall remain fine, it shall also be weighed, that it may be known and ascertained how much silver shall have been produced from the quintals of ore mixed with quicksilver; and our duties shall be levied according to the produce, agreeably to these our ordinances as aforesaid the same books, reckoning and account being kept, and the same order, form and manner being observed in this matter, as with respect to the silver to which the refining process is applied, as is above set forth, and under the same penalties, to be applied as is aforesaid.

LX. Also, we ordain and command, that it shall not be lawful to remove the silver from the place where it may have been put for the purpose of hav ing the quicksilver driven off, except in the presence of our administrator of the department, or of the person whom he may appoint, but that it shall be weighed, and the duty which we may be entitled to, and which may belong to us, shall be taken from it, and be delivered to the person whom we shall command to be appointed for that purpose, in the presence of the said administrator and of the sworn clerk and notary, and the same reckoning and account thereof shall be kept as of the silver refined by fire; and the

remainder of the silver shall be delivered to the owner; and our royal stamp shall be impressed on each ingot, as aforesaid, and without such royal stamp, it shall not be lawful to sell or deal in such silver in any manner, under the penalty above limited, to be inflicted upon the owner of such silver, and the purchaser, or person who shall deal in it."

LXI. Also, we ordain and command, that the proportion appertaining to us, of the poor lead which may be smelted, but which, from its not containing so much as four reals per quintal, will not bear refining, shall be stamped by the administrator of the department, or by the person whom he may appoint, in the place where it may be smelted; and upon its being found, by assay, to be poor lead, the person whom we shall have appointed for that purpose, shall receive the duty which may belong to us, agreeably to our ordinances and it shall not be lawful to convey any lead, even though made from litharge, from one place to another, without such stamp, under the penalty, upon any person otherwise conveying it, of forfeiting the same, one half to the party who shall give information thereof, and the other half to the judge who shall pass sentence, and likewise four times the value to our exchequer; and the like with regard to copper, which, being first assayed, shall be stamped, that our proportion thereof, and of the silver and gold it may contain, may be paid; but this, with respect to the poor lead and copper, is to be understood to apply to places without the limits of the grants which have been made.

LXII. Also, we ordain and command, that all those who shall convey antimony out of the districts, where no grant has been made thereof, shall pay us the duty thereon, at the mines or veins from which it shall be raised; and that until paid, it shall be lawful to exchange or sell it in any other place, without the licence of our administrator of the department, or the person appointed by him, at the mining establishment nearest the mine, from which such antimony may have been raised; and that after such licence is obtained, no person shall be at liberty to carry or transport it without an order from such administrator, or from the person appointed by him; and that such vendor shall be obliged to advise the purchaser thereof, that such order may be taken out, and he shall so advise him, under pain of forfeiting the value of such antimony, and four times the amount, to be applied as aforesaid; and if any purchaser shall otherwise convey it away, it shall be taken from him as contraband, with four times the value, to be applied as is aforesaid;

(Note 2, to §. 60, p. 383.) By the second section of the royal cedula of the 18 August, 1607, in relation to the subject matter of this section and of the precious ores from the 53d, his majesty thought proper to suspend to the extent above stated the enforcing these ordinances, and in relation to the mines which had been, and the places where they were worked until his majesty should otherwise provide, the commissary of the treasury and the principal auditor of the treasury should prescribe the form to be adopted in relation to all the matter aforesaid, taking particular care in the collection of the duties that they adopt such course as to impede as little as possible the working of the mines. (Section 2, of law 10, tit. 13, book 6, R.)

which is to be understood, as aforesaid, to apply to places where no grants have been made.

LXXII. Also, we ordain and command, that no person shall presume to treat for, deal in, sell or purchase, gold in dust, bars or ingots, unless stamped with our royal stamp, which we direct to be kept by the person who shall be appointed in our name in each district, to levy the share appertaining to us. And there shall also be a smelter, who shall smelt and make into bars (vergas), the gold which shall be raised, and who shall likewise be employed to check the weight; and he shall smelt, weigh, and stamp the same with our royal stamp aforesaid, in the presence of our administrator, or of the person appointed by him; and the share which shall belong to us, shall be given and delivered to the person who shall attend for that purpose in the district where the above shall be performed, and the remainder shall be given to the owner; and our administrator aforesaid shall keep a book, wherein he shall enter the parcels aforesaid, recording the day, month, and year, and he shall also note whose such gold is, and from what mine or streamwork it may have proceeded, and what proportion or share belonged to us, and was charged to such administrator, and what was taken by the owner of such parcel; which entry shall be signed by the administrator aforesaid, and by the party aforesaid, if he shall be able to sign his name ; but if not, then by some other person for him; and also by the smelter, and the notary before whom the proceedings may have been had; which notary and smelter aforesaid, shall each of them keep another book, wherein the same entries shall be made, and which shall be signed, as aforesaid, by all these persons and no person shall be at liberty to sell or deal in such gold, unless it shall have been smelted and stamped as is aforesaid, under the penalty limited in the ordinance touching this matter, in reference to silver; and the like penalty shall be incurred by the person purchasing or dealing for it, as is set forth in the aforesaid ordinance touching silver.

LXXIII. Also, forasmuch as it might happen, that the servants of the mineowner aforesaid, or other persons, might sell or deal in gold or silver, which might not have been stamped with our royal stamp, contrary to these ordinances, but without the same being known to such owners :-We ordain and command, that any servant or person whatsoever, who shall sell or deal in gold or silver which shall not have been stamped with our royal stamp as aforesaid, without the owner knowing thereof, or being in fault; and likewise any person whatsoever, who shall purchase or deal in the same, shall, besides returning to the owner or paying him for what shall have been so sold or dealt in, forfeit the whole of his property, one half whereof shall be for our exchequer, and the other half for the informer and the judge who shall pass sentence, and shall also serve ten years at the oar, in the galleys.

LXXV. Also, forasmuch as we are informed that great negligence prevails amongst the smelters and refiners, in not assaying the ores previous to