A barmote court (also written bergjisote, barghmote, bargemote and barmoot) is a court held in the lead mining districts of Derbyshire, England, for the purpose of determining the customs peculiar to the industry and also for the settlements of any disputes which may arise in connection with it.[1]
The barmote courts were set up in 1288, their jurisdiction extending to both the crown lands of the Duchy of Lancaster and those under individual ownership, comprising seven clearly defined districts.[1] Great barmote courts with wider powers were in place by the fifteenth century, meeting at Easter and Michaelmas. The courts had twenty-four jurors, and were run by the barmaster and a steward. An appeal from the jurisdiction of the courts lies by way of certiorari,[1] removing proceedings to the Queen's Bench Division of the High Court of Justice.[2][3]
Noting that "the Mineral Laws and Customs of the King's Field ... [were] uncertain and undefined, and ... in many respects inapplicable to the present Mining Operations",[4] the High Peak Mining Customs and Mineral Courts Act 1851[5] and the Derbyshire Mining Customs and Mineral Courts Act 1852[6] were enacted, declaring that "the Mineral Laws and Customs ... shall be such as are mentioned and comprised in this Act, and no other alleged Custom or Practice shall be valid".[7] The areas over which the courts could exercise their jurisdiction were:
While the Acts provide for subpoenas and inspection of property, there are no provisions governing interrogatories or disclosure of documents.[12]
Present dayedit
There are two barmote courts, one at Monyash covering the High Peak, and one at Wirksworth covering the Low Peak. In 1814, the Monyash court moved to Wirksworth, and since 1994, the two have met together, once a year, in April. In line with tradition, bread, cheese, clay pipes and tobacco are provided at the meetings, and a representative of the monarch who is the Lord of the Field attends.
The courts' archival records are largely held at the Derbyshire Record Office.[13]
While most current meetings have been ceremonial, the courts' jurisdiction still exists, and in 2013 the Low Peak Barmote Court was called upon to rule on lead mining rights in a cavern in Castleton, Derbyshire.[14]
^ abcOne or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Barmote Court". Encyclopædia Britannica. Vol. 3 (11th ed.). Cambridge University Press. p. 407.
^Hawley, Zena (20 April 2013). . Derby Telegraph. Archived from the original on 24 November 2015.
Treatisesedit
Hardy, William (1748). The Miner's Guide: Or, Compleat Miner. Sheffield: Francis Lister.
Tapping, Thomas (1851). A Treatise on the High Peak Mining Customs and Mineral Courts Act, 1851. London: Shaw & Sons.
Tapping, Thomas (1854). A Treatise on the Derbyshire Mining Customs and Mineral Court Act, 1852. London: Shaw & Sons.
MacSwinney, Robert Forster (1884). "Derbyshire Rights, Courts, and Customs—Remaining Local Rights and Customs". The Law of Mines, Quarries and Minerals. London: W. Maxwell & Son. pp. 500–522.
Jurisprudenceedit
Wright v Pitt, LR 3 Ch 809 (1870).
Wake v Hall, 8 AC 195 (1883).
External linksedit
"Derbyshire & Peak District Customs: Barmote Court". derbyshireuk.net.
"Peak District Mining Laws and Customs". PDMHS - Peak District Mines Historical Society.
April 11, 2024
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A barmote court also written bergjisote barghmote bargemote and barmoot is a court held in the lead mining districts of Derbyshire England for the purpose of determining the customs peculiar to the industry and also for the settlements of any disputes which may arise in connection with it 1 Contents 1 History 2 Present day 3 See also 4 Notes 4 1 Treatises 4 2 Jurisprudence 5 External linksHistory editThe barmote courts were set up in 1288 their jurisdiction extending to both the crown lands of the Duchy of Lancaster and those under individual ownership comprising seven clearly defined districts 1 Great barmote courts with wider powers were in place by the fifteenth century meeting at Easter and Michaelmas The courts had twenty four jurors and were run by the barmaster and a steward An appeal from the jurisdiction of the courts lies by way of certiorari 1 removing proceedings to the Queen s Bench Division of the High Court of Justice 2 3 Noting that the Mineral Laws and Customs of the King s Field were uncertain and undefined and in many respects inapplicable to the present Mining Operations 4 the High Peak Mining Customs and Mineral Courts Act 1851 5 and the Derbyshire Mining Customs and Mineral Courts Act 1852 6 were enacted declaring that the Mineral Laws and Customs shall be such as are mentioned and comprised in this Act and no other alleged Custom or Practice shall be valid 7 The areas over which the courts could exercise their jurisdiction were 1851 Act 1852 Actin the Hundred of High Peak the whole of the King s Field comprising the liberties or districts of Castleton Bradwell Hucklow Winster Moniash Taddington and Upper Haddon elsewhere within the Hundred those lands over which the Duchy of Lancaster is entitled to mineral duties the King s Field found in that part of the Soke and Wapentake of Wirksworth not within the Hundred of High Peak the manors or liberties of Ashford Hartington Peak Forest Tideswell Crich excepting certain proprietors of limestone Stoney Middleton and Eyam excepting certain ancient freeholds therein Youlgreave and Litton provided that any such lands therein were subject to mineral customs on 30 June 1852While giving certainty to the courts territorial limits 8 9 this had the effect of ousting their criminal jurisdiction 10 as well as matters relating to dower and tithes 11 While the Acts provide for subpoenas and inspection of property there are no provisions governing interrogatories or disclosure of documents 12 Present day editThere are two barmote courts one at Monyash covering the High Peak and one at Wirksworth covering the Low Peak In 1814 the Monyash court moved to Wirksworth and since 1994 the two have met together once a year in April In line with tradition bread cheese clay pipes and tobacco are provided at the meetings and a representative of the monarch who is the Lord of the Field attends The courts archival records are largely held at the Derbyshire Record Office 13 While most current meetings have been ceremonial the courts jurisdiction still exists and in 2013 the Low Peak Barmote Court was called upon to rule on lead mining rights in a cavern in Castleton Derbyshire 14 See also editStannary court Warden s courtNotes edit a b c nbsp One or more of the preceding sentences incorporates text from a publication now in the public domain Chisholm Hugh ed 1911 Barmote Court Encyclopaedia Britannica Vol 3 11th ed Cambridge University Press p 407 MacSwinney 1884 p 507 1851 Act s 29 1852 Act s 38 Recitals 1851 and 1852 Acts High Peak Mining Customs and Mineral Courts Act 1851 Legislation gov uk Retrieved 22 November 2015 Derbyshire Mining Customs and Mineral Courts Act 1852 Legislation gov uk Retrieved 19 August 2010 1851 Act s 16 1852 Act s 25 Tapping 1851 p 4 Tapping 1854 pp 2 5 outlined in Arkwright v Cantrell 1837 7 Ad amp E 565 112 ER 583 Tapping 1851 p vii Matthews Paul Malek Hodge M 2012 Disclosure London Sweet amp Maxwell p 674 ISBN 978 0 41404779 2 Wirksworth barmote court discovery nationalarchives gov uk The National Archives Hawley Zena 20 April 2013 First ruling in decades for ancient mining court Derby Telegraph Archived from the original on 24 November 2015 Treatises edit Hardy William 1748 The Miner s Guide Or Compleat Miner Sheffield Francis Lister Tapping Thomas 1851 A Treatise on the High Peak Mining Customs and Mineral Courts Act 1851 London Shaw amp Sons Tapping Thomas 1854 A Treatise on the Derbyshire Mining Customs and Mineral Court Act 1852 London Shaw amp Sons MacSwinney Robert Forster 1884 Derbyshire Rights Courts and Customs Remaining Local Rights and Customs The Law of Mines Quarries and Minerals London W Maxwell amp Son pp 500 522 Jurisprudence edit Wright v Pitt LR 3 Ch 809 1870 Wake v Hall 8 AC 195 1883 External links edit Derbyshire amp Peak District Customs Barmote Court derbyshireuk net Barmote Court Wirksworth Derbyshire Duchy of Lancaster Peak District Mining Laws and Customs PDMHS Peak District Mines Historical Society Retrieved from https en wikipedia org w index php title Barmote court amp oldid 1126559719, wikipedia, wiki, book, books, library,
