over not only the head meer, or another meer, but also the head meer and the next meer or two adjoining meers. So much for the shape of meers and their dimensions in the case of a vena profunda.
I now come to the case of venae dilatatae. The boundaries of the areas
soil. Therefore, we find two forms of title—that in which the miner could follow the ore regardless of the surface (the "apex" conception), and that in which the boundaries were vertical from the land surface. Lest the Americans think that the Apex Law was a sin original to themselves, we may mention that it was made use of in Europe a few centuries before Agricola, who will be found to set it out with great precision.
From these points of view, more philosophical than legal, we present a few notes on various ancient laws of mines, though space forbids a discussion of a tithe of the amount it deserves at some experienced hand.
Of the Ancient Egyptian, Lydian, Assyrian, Persian, Indian, and Chinese laws as to mines we have no record, but they were of great simplicity, for the bodies as well as the property of subjects were at the abject disposition of the Overlord. We are informed on countless occasions of Emperors, Kings, and Princes of various degree among these races, owning and operating mines with convicts, soldiers, or other slaves, so we may take it for certain that continuous labour was enforced, and that the boundaries, inspection, and landlords did not cause much anxiety. However, herein lies the root of regalian right.
Our first glimpse of a serious right of the subject to mines is among some of the Greek States, as could be expected from their form of government. With republican ideals, a rich mining district at Mount Laurion, an enterprising and contentious people, it would be surprising indeed if Athenian Literature was void on the subject. While we know that the active operation of these mines extended over some 500 years, from 700 to 200 b.c., the period of most literary reference was from 400 to 300 b.c. Our information on the subject is from two of Demosthenes' orations—one against Pantaenetus, the other against Phaenippis—the first mining lawsuit in which the address of counsel is extant. There is also available some information in Xenophon's Essay upon the Revenues, Aristotle's Constitution of Athens, Lycurgus' prosecution of Diphilos, the Tablets of the Poletae, and many incidental references and inscriptions of minor order. The minerals were the property of the State, a conception apparently inherited from the older civilizations. Leases for exploitation were granted to individuals for terms of three to ten years, depending upon whether the mines had been previously worked, thus a special advantage was conferred upon the pioneer. The leases did not carry surface rights, but the boundaries at Mt. Laurion were vertical, as necessarily must be the case everywhere in horizontal deposits. What they were elsewhere we do not know. The landlord apparently got nothing. The miner must continuously operate his mine, and was required to pay a large tribute to the State, either in the initial purchase of his lease or in annual rent. There were elaborate regulations as to interference and encroachment, and proper support of the workings. Diphilos was condemned to death and his fortune confiscated for robbing pillars. The mines were worked with slaves.
The Romans were most intensive miners and searchers after metallic wealth already mined. The latter was obviously the objective of most Roman conquest, and those nations rich in these commodities, at that time necessarily possessed their own mines. Thus a map showing the extensions of Empire coincides in an extraordinary manner with the metal distribution of Europe, Asia, and North Africa. Further, the great indentations into the periphery of the Imperial map, though many were rich from an agricultural point of view, had no lure to the Roman because they had no mineral wealth. On the Roman law of mines the student is faced with many perplexities. With the conquest of the older States, the plunderers took over the mines and worked them, either by leases from the State to public companies or to individuals; or even in some cases worked them directly by the State. There was thus maintained the concept of State ownership of the minerals which, although apparently never very specifically defined, yet formed a basis of support to the contention of regalian rights in Europe later on. Parallel with this system, mines were discovered and worked by individuals under tithe to the State, and in Pliny (xxxiv, 49) there is reference to the miners in Britain limiting their own output. Individual mining appears to have increased with any relaxation of central authority, as for instance under Augustus. It appears, as a rule, that the mines were held on terminable leases, and that the State did at times resume them; the labour was mostly slaves. As to the detailed conditions under which the mine operator held his title, we know less than of the Greeks—in fact, practically nothing other than that he paid a tithe. The Romans maintained in each mining district an official—the Procurator Metallorum—who not only had general charge of the leasing of the mines on behalf of the State, but was usually the magistrate of the district. A bronze tablet found near Aljustrel, in Portugal, in 1876, generally known as the Aljustrel Tablet, appears to be the third of a series setting out the regulations of the mining district. It refers mostly to the regulation of public auctions, the baths, barbers, and tradesmen; but one clause (vii.) is devoted to the regulation of those
