It is not known when Free Mining first became officially recognised, & rewarded by The Crown. It is thought that surface working for Iron Ore in The Royal Forest of Dean occurred at least 2,700 years ago. The ore was very rich Haematite, with the essential impurity of limestone, the latter being required in smelting, as a flux, and various natural iron based pigments- ochres, or “colour”. These surface workings are locally known as “Scowles”, and a little hamlet is named after them. Locally, the “iron ore” was known as “the mine”, thus a ”Miner” only worked the iron ore.

It was not until the 13th century, that coal was worked here. One who worked the coal was therefore a “Collier”. All around the outcrop of the iron ore, which is mainly found in the “crease” Limestone , and especially in the bared exposures of limestone in the scowles, hundreds of Yew trees grow naturally. These were of course used for making longbows. In the fullness of time, the Free Miner’s, or “Kings Miner’s”, skilled in both archery, and mining were required by the Crown , in places such as Berwick upon Tweed, to undermine the castle walls during numerous sieges, perhaps the first “sappers”, and at both Agincourt, and Cressy, as bowmen.
“Our dear King Prince Edward”(2nd), in 1244 agreed that the rights to dig for mineral in His , The Royal Forest of Dean had existed from “Tyme out of Minde”. This phrase is used to indicate that the rights referred to had existed from before the limit of legal memory (1189), and were therefore not able to be challenged in law.
Eventually, the terms ”Free Miner”, “Free Collier”, and “Free Quarryman” came about. A Free Miner claimed the right to work iron, coal and stone, a Free Collier could claim the right to work coal and stone, and a Free Quarryman could only claim the right to work stone, all within the “Hundred of St. Briavels”, which includes The Royal Forest of Dean. Local Fellowships were set up for certainly the first two groups of miners. Subsequently, the interest of all three groups became covered by the term “Free Miner”, which is still the case today.
The first record of the laws and privileges of the Free Miners is found in a transcript of 1610. There are records of the Dean Forest Mine Law Court from1656, until 1754, when the records disappeared. It is known the Court existed before 1656. The 1668 Dean Re-afforestation Act is the first mention in Statute Law of the Free Miners having any rights (this was repealed as recently as 1967!)

The Dean Forest (Gale Rents) Act 1819 is still, in part, in force. Partly because of the demise of the Free Miners’ Court (“Dean Mine Law Court”), which was in existence from before1656, until1754, and partly because of the interests of those who could not qualify to register as a Free Miner (mostly rich capitalists), the Crown decided it was time to enquire into the claims of the Free Miners, alleged rights and customs against others, and against the Crown, and then to regularise them in a more modern Act of Parliament. After many Royal Commissions of Enquiry, the “Dean Forest Mines Act 1838“ was passed, confirming in Law most of the claimed rights and customs, and removing only a few. This Act has become the Bible for all those who wish Free Mining to continue, together with succeeding Acts of 1861,1871,1904, and 1906.

The rights and customs referred to earlier, substantially unchanged by the 1838, and successive Acts of Parliament, and still in force today, are:-
A Free Miner on registration with the “Deputy Gaveller” ( the Crown’s Representative), must prove that he is 1) male, 2) was born and abides within the Hundred of St. Briavels, 3) is over the age of 21 years, 4) and has worked a year and a day in a coal or iron mine in the Hundred of St. Briavels. The other conditions remaining the same, a person who has worked a year and a day in a stone quarry in the Royal Forest of Dean can register as a Free Miner, but only has rights to stone.

Once a Free Miner has duly had his registration accepted, he then has the exclusive right to have a “Gale” granted to him by the Deputy Gaveller, as the Crown Receiver, and Agent. The grant of a Gale is a licence to work the specified mineral in the specified bed or vein or seam, within specific statutory boundaries. The Free Miner can then sell, transfer, assign or dispose of the gale by deed, or will, to each other, or to any other person or persons whomsoever. He can of course work it, or surrender it back to the Crown. The continued holding of a Gale is conditional upon the observance of the rules and regulations laid down by the Dean Forest Mining Commissioners, of 1841, and still to this day, the payment of rents and royalties to “Her Majesty, Her Heirs and Successors”, via the Deputy Gaveller. The Deputy Gaveller has the power to declare a Gale forfeit for a breach of any of these conditions. The now available gale can then be advertised for granting to another Free Miner. It should be noted that only a Free Miner can apply to the Crown for a Gale, but a non- Free Miner can own a Gale as previously described.

The Nationalisation of coal, by the 1938 Coal Industry Act did not remove any of the rights of the Free Miners, thus the Dean coal miners are the only ones in the country to remain “Free”.
This brief description of the history of Free Mining will be updated, and expanded as and when time permits.  

 
 
MOLE, 15.7.’00.