The Stannary Parliament.
Malcolm Osman
Does anyone have any info. on the Stannary Parliament? I was once told
that in Cornwall the 'Stannary Parliament' had precedence over that in
Westminster (at least in certain matters). Is this indeed the case and
when was the parliament last convened?
Malcolm Osman
Postmaster
In article <55b5ga$7...@morgana.netcom.net.uk>, Malcolm Osman
<MOs...@netcomuk.co.uk> writes
>Does anyone have any info. on the Stannary Parliament?
I believe the word "stannary" refers to tin...
The town of Tavistock in Devon calls itself a "stannary town".
Bye... T.
--
Tony Rigby Internet: tony....@rigbys.demon.co.uk
Fidonet : 2:254/288.4
Leslie Sitek
I found this article on the net(http://www.cornwall-online.co.uk/cw/stannary.htm):
---------
Cornish Stannary (Tin) Law and Institutions
By Paul Laity
Study the history of any country and you will come across tyranny, deception, greed
and rebellion. Rulers have imposed
laws for their own advantage, made heroes of weaklings and put bold men to death.
Cornwall's history is no exception. Here
we deal with an important law of Cornwall which has come down through the ages to
cause problems in English courts
today.
The Latin word "stanum" means tin. The word "stannary" means pertaining to tin mines,
as in "Stannary Parliament",
"Stannary Courts", and "Stannary Law".
The areas of Cornwall in which tin has been mined are known as "The Stannaries". The
Law affecting those Stannaries is
known as Stannary Law.
The Duchy of Cornwall was created by King Edward III in 1337. The Duchy territory in
Cornwall was based on the ancient
British Royal Territory. Further grants of land were attached to the Duchy which were
extra-territorial to Cornwall. The
Cornish Stannaries are a constituent part of the Duchy of Cornwall and are currently
vested in the Prince Charles as Duke of
Cornwall.
The tin miners of Cornwall lived and worked in areas which were isolated and were
remote from the then centres of
population. From times of great antiquity Cornish tin miners enjoyed rights and
privileges, and had rudimentary institutions
which were the forerunners of the Stannary Parliaments or Convocation of Tinners, and
the Stannary Law Courts. Such
institutions became of great importance to all those persons who were engaged in tin
mining in Cornwall.
Because the tin mining areas of Cornwall produced considerable profit for the Kings
and Queens of England, and the Earls
and Dukes of Cornwall, those associated with such mining enjoyed for many centuries
the protection of the Crown, and the
Earls and Dukes for the time being.
It would appear that the geographical area of Cornwall has never been formally
incorporated into England and its
constitutional position as a Royal Duchy is unique.
As stated above, The Cornish Stannaries form part of the Duchy of Cornwall and are at
present vested exclusively in Prince
Charles, in right of his Duchy of Cornwall. The constitutional position rests upon
the Charters of 1337 whereby King
Edward III created the Duchy of Cornwall and appointed his elder son, Prince Edward,
known as "The Black Prince", as
the first Duke of Cornwall.
There is a Duchy Council which consists of high officials appointed by the Monarch or
Duke of Cornwall for the time being.
One such official, whose concern is supposed to be the administration of the
Stannaries, is called the Lord Warden of the
Stannaries. The Lord Warden of the Stannaries used to exercise judicial and military
functions in Cornwall, and is still the
official who, upon the commission of the Monarch or Duke of Cornwall for the time
being, has the function of calling a
Parliament or Convocation of Tinners in Cornwall. The last Stannary Parliament
convened by a Lord Warden of the
Stannaries sat in 1753.
The first Lord Warden of the Stannaries of Cornwall (and Devon) was William de
Wrotham who was appointed during the
reign of King Richard I of England on 20th November 1197. During the year 1198 juries
of miners were convened at
Launceston in Cornwall before William de Wrotham to declare the Law and Practice of
the tin mines, and the Royal Tax on
the tin which was mined was known as the "coinage of tin". The Writ appointing
William de Wrotham confirmed the "just and
ancient customs and liberties" of miners, smelters and merchants of tin. It was from
those sessions of jurymen sitting under a
Royal official that the Parliaments or Convocations of Tinners of Cornwall (and
Devon) originated.
Further Royal Charters affecting the administration of the Stannaries of Cornwall
(and Devon) and the rights and privileges of
tinners were those of King John in 1201, King Edward I in 1305, King Edward IV in
1466, and the Charter of Pardon of
King Henry VII in 1508.
The Charters of King John and King Edward I granted privileges to tinners to be tried
by their own Courts and substantial
exemptions from taxation.
The 1508 Charter of Pardon affected only Cornish tinners who paid the sum of
£1,000.00, then a huge sum of money, to
King Henry VII, and that sum was raised by a general levy on all tinners. In return
for the payment the King included in the
Charter provisions for the self-government of the Stannaries and a right for the
tinners to veto statues and ordnances which
affected them and the Stannaries.
Convocations or Parliaments of Tinners (now known as "Stannary Parliaments") were
convened from time to time over
several centuries in accordance with the procedures stipulated in the Charter of
Pardon of 1508. Commissions were issued
to Lord Wardens of the Stannaries for the time being, who by virtue of such
commissions, required the Mayors and Councils
of the four Boroughs of Truro, Lostwithiel, Launceston and Helston in Kerrier, to
elect six Stannators for each such
Borough, to serve as Members of such Parliaments and to determine the Laws affecting
tinners and the Cornish Stannaries.
Such Parliaments had great authority and their enactments passed into Law after
receiving Royal or Ducal assent.
Subsequently, provision was made for the election of Assistant Stannators who met
separately and who advised the
Stannators. The Assistants had no voting rights.
Unfortunately, since the decline of tin mining in Cornwall, and the abolition of the
coinage duty, the Royal interest in and
protection of the Cornish Stannaries has been withdrawn. The tin coinage was
abolished in 1838 and Queen Victoria, and
subsequent Monarchs and Dukes of Cornwall, have been compensated by a perpetual
annuity. That annuity was charged to
the Duchy of Cornwall. Customs duties were imposed on imported tin ore and refined
tin to make good the loss of revenue.
The revenues and perquisites enjoyed by the present Duke of Cornwall in right of his
Duchy are very substantial. Alas! Apart
from occasional ceremonial functions, the present Duke of Cornwall appears to have
abdicated from all his constitutional
functions as Duke of Cornwall.
It is currently suggested that the Duchy of Cornwall is a mere property agency which
has to be run at a profit and has nothing
to do with the constitutional position of Cornwall and its relationship to England.
That is wholly false.
A number of attempts have been made to persuade the Duke of Cornwall to issue a
commission to the Lord Warden of the
Stannaries to convene a Stannary Parliament so that Stannary Law can be brought up to
date and stated in modern terms.
All approaches have been rejected without any explanation.
Cornish tin miners have been affected to their detriment and have suffered the denial
of their rights and privileges as provided
by Law as a result of the withdrawal of any Royal interest.
In Cornwall, tin miners have the right to pitch bounds in land belonging to other
persons provided that strict conditions are
observed.
Stannary Law is supposed to be enforced in the Truro County Court. Attempts to
register tin bounds have been largely
frustrated.
The Cornish Stannaries still contain large quantities of tin ore, and the ores of
other metals, which could be exploited
economically in small workings if Cornish tinners were to avail themselves of the
extant Stannary Law.
We are pleased to have this explanation of the fundamentals of Stannary Law. Paul
Laity is a Cornishman, a Bard of the
Gorsedd, a solicitor and a judge.
--
Leslie Sitek
home page:http://home.pi.net/~siteklj