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 affairs1.
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 adjudicate 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,
. The nomenclature in this chapter has given unusual diflkulty, because the organisation 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 Praefectus 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 sett, 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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