Ius regale montanorum II Lore Books

Description

An abridged copy of the Royal Mining Law on Courts.

Text

Ius regale montanorum II

On the Mining Courts
In the name of God and by the will of the king, we make it known that we establish the power of the court, that injustice may not occur.
We further provide that every judge has justice in him, for it is he who judges who holds the scales and puts the weights on the bowls according to the law, as the parties to the dispute have testified or what he himself has learned of the dispute and procured by judgment.
The judge is to judge according to reason and to hear the parties with caution, and to have all that he learns with the affiants written down by the scribe, before the trial is decided.
The judge is to appoint one of the affiants for himself if the dispute concerns himself or any of his relatives. A judge is to be excluded even if he is in direct relation to the cause or person in dispute
The duties of the ushers and oath-bearers include, in particular, the protection of the poor from the oppression of the proud, that just prices and measures may be observed and that the royal office may not be disgraced.
A summons from the ushers, magistrates, or sworn officers belongs to the king alone, for there is no one more fit before God to whom such dignity can be bestowed.

On the Office of the Guards
T he guards or hutmen are proposed by the miners, but they are to take their oath to the urburers. Anyone who has proposed a guard shall give a bond of 1/32nd of the mine, which shall be forfeited if the guard sins and neglects his duties, fails to heed the warning, and fails to appear for the hearing of the offence.
On mines let a distinction be made between guards on the surface, guards underground, and guards of the forges. The former are to protect all that is extracted from the ground and to count the workers and the miners as they come and go on shift. They are also to search everyone when they leave to see if they are secretly taking ore from the mine, and if anyone is caught doing so, to report it to the perksmasters so that such things do not happen again.
The guards inside the mine are to see that the miners are not late for their shifts and are conscientious about their work, so that if they are not, their pay will be deducted.
Finally, the said guards are to ensure that the blacksmiths in the mines do not have their equipment taken away from their workshops, that the blacksmiths work properly, and to check the consumption of coal as well as the importation of coal for each week.
All those appointed are then to see that no one works more than two shifts in the mine or in the forges, which would go immediately after each other in one day.

On the Courts of the Urburers
The Urburers are to take their oath before the King’s Chamber, and in addition to their first duties, two laws are imposed upon them, namely, the law of the market and the law of the court. The former must be done in the municipal court, and the latter in the presence of at least two other sworn men, in order that the court may pronounce its judgments.
By the will of the king, the urburers are to abstain from all avarice, violence, and the acceptance of gifts other than those due to them from the king.
The urburer is to judge according to reason, without anger or wrath, and whenever he is called upon to do so. Should any such commit an injustice and demand an unreasonable usury, he must return all, and just as a fine to the king’s chamberlain.
The urburer must choose his assistants carefully, because a man is judged good or bad according to his family.

On the Affiants
Affiants are appointed by the monarch or royal chamberlain, who select them from among all the people
so that they may be best suited to the office and most just.
If it should happen that any one of ill repute should be appointed, or who should afterwards do anything to injure his reputation, the sovereign shall order the co-sworn or the royal chamberlain to remove such person from his office immediately.
Among the powers of the Affiants are to issue findings and, if there is no appeal, to refer them to the judge for execution. In issuing findings they are to have regard only to God, and to condone nothing, for equality is to be preserved in the court.
The Affiants are to issue their findings promptly and without unnecessary delay, so as to save the parties labor and expense.
If serious doubts should arise, all the Affiants and the court scribe are to be called together and all opinions recorded, so that in future mistakes may not occur.