53, is also subjoined:--
"William Dukes and his vernes, plaintiffs, _against_ William Keare and
his vernes, defendants.
"We complain against William Keare and his vernes for wrongfully
forbidding us out of a stone coal work, called the Gentlemen Colliers,
within the Hundred of St Briavels, that we should not get any coal of the
deep side of our former work, which coal our levell drains, and ours
being the most ancient level. We leave this to the best evidence.We have
attended the place, and burned our light, according to our laws and
customs, and through this wrong forbidd we are dampnified five pounds.
And whereas several forbidds have been given before, we, the aforesaid
plaintiffs and defendants, left the same to the determination of Charles
Godwin and Richard James, and we the said plaintiffs have duly observed
the said determination, and that the said defendants have gone contrary
to an order made by 48 free miners in getting of coal that our levell
would have drained, and have dampnified our levell, whereby they have
forfeited the penalty of the said Order. And this we will prove by
evidence, and the damages in getting coal we will leave to the Order in
Ct.
"We deny the forbid given to him or his vernes. We forbidd them in
getting any coal betwixt our work and theirs, except their levell could
dry it fairly. There was an agreement betwixt us, and they went contrary
to the agreement, and this we will prove ourselves and by witnesses."
Here is a copy of an Agreement, resembling no doubt the one mentioned
above:--
"August the 8th.--In the ear of our Lord 1754. Aun award, or an
Agreement, made by Richard Powell, John Jenkins, Wm Thomas, Thos Worgan,
and James Elsmore, betwixt James Bennet and his vearns, belonging to a
coale work called by the name off Upper Rockey, and Robert Tingle and his
vearnes, belonging to the Inging Coale Work near the Nail Bridge, within
the Hunderd of Saint Bravewells; and we have farther agreed that the fore
said James Bennet and his vearns shall have the liberty of getting what
coale their leavel will dry without being interrupted, but they shall not
get coale by the strength of hauling or laveing of water within the
bounds of Robert Tingle and his vearns, except to drowl their work, under
the forfet of the sum of five pounds; and we do farther agree that Robert
Tingle and his vearns shall com in at any time to see if they do carry on
their work in a proper manner without tr
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