Stannary Courts and Parliaments
Encyclopedia
The Stannary Parliaments and Stannary Courts were legislative and legal institutions in Cornwall
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...

 and in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...

 (in the Dartmoor area
Dartmoor tin-mining
The Dartmoor tin mining industry is thought to have originated in pre-Roman times, and continued right through to the 20th century. From the 12th century onwards tin mining was regulated by a Stannary Parliament which had its own laws....

), England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

. The Stannary Courts administered equity for the region's tin-miners and tin mining interests, and they were also courts of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...

 for the towns dependent on the mines. Executive authority in stannary areas was exercised by the Lord Warden of the Stannaries
Lord Warden of the Stannaries
The Lord Warden of the Stannaries used to exercise judicial and military functions in Cornwall, United Kingdom, 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 Stannary Parliament of tinners...

.

The separate and powerful government institutions available to the tin miners reflected the enormous importance of the tin industry to the English economy during the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...

. Special laws for tin miners pre-date written legal codes in Britain
Britain in the Middle Ages
England in the Middle Ages concerns the history of England during the Medieval period — from the end of Roman rule in Britain through to the Early Modern period...

, and ancient traditions exempted everyone connected with tin mining in Cornwall and Devon from any jurisdiction other than the Stannary Courts in all but the most exceptional circumstances.

King John
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...

 granted a charter to the tin miners of Cornwall and Devon in 1201, confirming their "just and ancient customs and liberties". The tin miners of both areas originally met together at Hingston Down
Hingston Down
Hingston Down is a hill not far from Gunnislake in Cornwall in the United Kingdom.-History:This is possibly the Hingston Down mentioned in the Anglo-Saxon Chronicle which says that in 835 Egbert king of the West Saxons defeated an army of Vikings and Cornish at Hengestdun = "Stallion Hill"...

 and referred to themselves as a parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

. Edward I of England
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...

 split the stannary institutions between Cornwall and Devon, establishing parliaments and courts for the two counties separately. The jurisdiction of the Cornwall stannary institutions covered the whole of the county, while the stannary courts of Devon had a reputation for harsh justice, and once jailed a Westminster MP (Richard Strode
Richard Strode (c. 1480–1522)
Richard Strode was a 16th-century Member of Parliament for Plympton, Devon who was also involved in the tin mining industry...

).

As the tin mines of Cornwall and Devon lost their economic importance during the 18th and 19th centuries, their political institutions also waned in power and ultimately faded away, until recent efforts to restore them.

Devon Stannary Parliament

Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...

's 1305 Stannary Charter established Tavistock, Ashburton and Chagford
Chagford
Chagford is a small town and civil parish on the north-east edge of Dartmoor, in Devon, England, close to the River Teign. It is located off the A382, about 4 miles west of Moretonhampstead. The name Chagford is derived from the word chag, meaning gorse or broom, and the ford suffix indicates its...

 as Devon's stannary towns, with a monopoly on all tin mining in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...

, a right to representation in the Stannary Parliament and a right to the jurisdiction of the Stannary Courts. Plympton
Plympton
Plympton, or Plympton Maurice or Plympton St Maurice or Plympton St Mary or Plympton Erle, in south-western Devon, England is an ancient stannary town: an important trading centre in the past for locally mined tin, and a former seaport...

 became the fourth Devon stannary town in 1307.

The parliament consisted of ninety-six jurates, with twenty-four being chosen by each of the four Devon stannaries. The jurates were chosen at special courts held in each stannary by "tinners": a term broad enough to include not just miners and tin work owners, but others concerned with the tin industry. The Parliament usually met in an open air forum at Crockern Tor
Crockern Tor
Crockern Tor is a tor in Dartmoor National Park, Devon, England. Composed of two large outcrops of rock, it is 396 metres above sea level. The lower outcrop was the open-air meeting place of the Devonshire Stannary Parliament from the early 14th century until the first half of the 18th century...

. The last convocation of the Devon Parliament was in 1786, but as late as the 1980s, an honorary Stannator would be named whenever a new tin mine was opened.

Cornish Stannary Parliament

The privileges of the stannaries of Cornwall were confirmed by Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...

 on the creation of the Duchy of Cornwall
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...

 in 1337. This confirmed that the tin miners were exempt from all civil jurisdiction other than that of the Stannary Courts, except in cases affecting land, life or limb. There was at this period no definition of the districts of each stannary.

The Cornish Stannaries were suspended in 1496, prior to the Cornish Rebellion of 1497
Cornish Rebellion of 1497
The Cornish Rebellion of 1497 was a popular uprising by the people of Cornwall in the far southwest of Britain. Its primary cause was a response of people to the raising of war taxes by King Henry VII on the impoverished Cornish, to raise money for a campaign against Scotland motivated by brief...

. Henry VII
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....

 restored them in return for a payment from the tin miners of the sum, enormous at the time, of £1000
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...

, to support his war on Scotland. In addition to restoring the Stannaries and pardoning the people who participated in the rebellion, Henry's Charter of Pardon 1508 provided that no new laws affecting miners should be enacted without the consent of twenty-four stannators, six being chosen from each of the four stannaries:
  • Foymore
    Bodmin Moor
    Bodmin Moor is a granite moorland in northeastern Cornwall, England, United Kingdom. It is in size, and originally dates from the Carboniferous period of geological history....

     (or Foweymore): chosen by the mayor and corporation of Lostwithiel
    Lostwithiel
    Lostwithiel is a civil parish and small town in Cornwall, England, United Kingdom at the head of the estuary of the River Fowey. According to the 2001 census it had a population of 2,739...

  • Blackmore: by the mayor and corporation of Launceston
  • Tywarnhaile (or Tynwarnhail): by the mayor and corporation of Truro
    Truro
    Truro is a city and civil parish in Cornwall, England, United Kingdom. The city is the centre for administration, leisure and retail in Cornwall, with a population recorded in the 2001 census of 17,431. Truro urban statistical area, which includes parts of surrounding parishes, has a 2001 census...

  • Penwith
    Penwith
    Penwith was a local government district in Cornwall, England, United Kingdom, whose council was based in Penzance. The district covered all of the Penwith peninsula, the toe-like promontory of land at the western end of Cornwall and which included an area of land to the east that fell outside the...

     and Kerrier
    Kerrier
    Kerrier was a local government district in Cornwall, England, United Kingdom. It was the most southerly district in the United Kingdom, other than the Isles of Scilly. Its council was based in Camborne ....

    : by the mayor and corporation of Helston
    Helston
    Helston is a town and civil parish in Cornwall, England, United Kingdom. It is situated at the northern end of the Lizard Peninsula approximately 12 miles east of Penzance and nine miles southwest of Falmouth. Helston is the most southerly town in the UK and is around further south than...



The 1508 Charter states, "No [Westminster] Act or Statute shall have effect in the Stannaries without the assent and consent of the twenty-four stannators." Acting in its capacity as appeal court for the colonies, the Judicial Committee of the Privy Council has declared that any reference to The Stannaries means the whole of Cornwall.

Although England had its own London based Exchequer, the unabridged Charter of Pardon makes no fewer than ten separate references to the Lostwithiel
Lostwithiel
Lostwithiel is a civil parish and small town in Cornwall, England, United Kingdom at the head of the estuary of the River Fowey. According to the 2001 census it had a population of 2,739...

 exchequer; thus illustrating one aspect of the constitutional linkage between Stannary and Duchy.

However, there is controversy over the standing of the Cornish legal system and attempts by Stannators to assert their ancient rights have all been defeated in the English Courts. The validity of these judgements have yet to be tested in the European legal theatre.

The stannators were described in 1831 as being "some of the principal gentlemen of the mining district". On assembly the stannators elected a speaker, the meeting being termed a Stannary Parliament. The parliaments were convened occasionally by the Lord Warden of the Stannaries
Lord Warden of the Stannaries
The Lord Warden of the Stannaries used to exercise judicial and military functions in Cornwall, United Kingdom, 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 Stannary Parliament of tinners...

 when it was felt that laws concerning the miner's rights needed to be made or revised.

The Cornish Stannary Parliament last assembled at Truro in 1752, and continued until 11 September 1753. The English legal system does not recognise desuetude
Desuetude
In law, desuetude is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete...

 (laws lapsing through lack of use), and the precedent of the Court of Chivalry
Court of Chivalry
Her Majesty's High Court of Chivalry of England and Wales is a civil court in England. It has had jurisdiction in cases of the misuse of heraldic arms since the fourteenth century....

, which sat in 1952 for the first time in over 200 years, means that the Stannary Parliament, although not in session, still exists. The 1508 Charter of Pardon is still on the statute books as was confirmed in the House of Commons in recent years. (In 1977 the Plaid Cymru
Plaid Cymru
' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...

 MP Dafydd Wigley
Dafydd Wigley
Dafydd Wigley, Baron Wigley is a Welsh politician. He served as Plaid Cymru Member of Parliament for Caernarfon from 1974 until 2001 and as an Assembly Member for Caernarfon from 1999 until 2003. He was leader of the Plaid Cymru party from 1991 to 2000...

 in Parliament asked the Attorney General for England and Wales if he would provide the date upon which enactments of the Charter of Pardon 1508 were rescinded. The reply, received on 14 May 1977, stated that a Stannator's right to veto Westminster legislation had never been formally withdrawn).

In March 2007, Bridget Prentice
Bridget Prentice
Bridget Theresa Prentice is a British Labour Party politician who was the Member of Parliament for Lewisham East from 1992 to 2010, She was formerly married to fellow Labour MP Gordon Prentice, whom she married on 20 December 1975 and divorcing in 2000.- Background :Prentice was born in Glasgow,...

, Parliamentary Under-Secretary of State
Parliamentary Under-Secretary of State
A Parliamentary Under-Secretary of State is the lowest of three tiers of government minister in the government of the United Kingdom, junior to both a Minister of State and a Secretary of State....

 in the Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...

 stated in a written answer in the House of Commons "...there are no valid Cornish stannary organisations in existence.", "There are no treaties today that apply to Cornwall only..." and that " There is no special status for legislation which applies to Cornwall or to Cornish localities."

Stannary Courts

The Devon Stannary Courts met in Lydford
Lydford
Lydford, sometimes spelled Lidford, is a village, once an important town, in Devon situated north of Tavistock on the western fringe of Dartmoor in the West Devon district.-Description:The village has a population of 458....

 and operated a prison there, while the Cornish Stannary Courts met primarily in Truro
Truro
Truro is a city and civil parish in Cornwall, England, United Kingdom. The city is the centre for administration, leisure and retail in Cornwall, with a population recorded in the 2001 census of 17,431. Truro urban statistical area, which includes parts of surrounding parishes, has a 2001 census...

. The Devon and Cornwall Stannary Courts were merged following the Stannaries Act 1855, but their powers were later transferred to county authorities by the Stannaries Court (Abolition) Act 1896.

The relations between the Stannaries and Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...

 are illustrated by Strode's Case
Strode's case
Strode's Case 3 Howell's State Trials 294 is one of the earliest and most important English cases dealing with parliamentary privilege.- Facts :...

(1512).

Mining courts and customs in other counties

While the stannaries of Devon and Cornwall had the most developed legal systems, a number of other mining communities had similar privileges. The customs of the community were usually confirmed by charter, with the miners having the right to seek for minerals in all areas other than tilled fields, subject to paying taxes to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

.

Examples included:
  • Gloucestershire
    Gloucestershire
    Gloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....

    : The Free Miners of coal and iron of the Forest of Dean
    Forest of Dean
    The Forest of Dean is a geographical, historical and cultural region in the western part of the county of Gloucestershire, England. The forest is a roughly triangular plateau bounded by the River Wye to the west and north, the River Severn to the south, and the City of Gloucester to the east.The...

     had their customs confirmed by charter attributed to Edward I
    Edward I of England
    Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...

    , with a miner's court to try cases between the miners, and a miner's parliament.
  • Derbyshire
    Derbyshire
    Derbyshire is a county in the East Midlands of England. A substantial portion of the Peak District National Park lies within Derbyshire. The northern part of Derbyshire overlaps with the Pennines, a famous chain of hills and mountains. The county contains within its boundary of approx...

    : The hundreds of High Peak and Wirksworth
    Wirksworth
    Wirksworth is a small market town in Derbyshire, England, with a population of over 9,000.The population of the Wirksworth area including Cromford, Bolehill and Middleton-by-Wirksworth is about 12,000. Wirksworth is listed in the Domesday Book in 1086. Within it is the source of the River...

     (an area known as the "King's Field") were divided into eight "liberties" for the purposes of lead mining.
  • Somerset
    Somerset
    The ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...

    : The customs of the lead-mining district of the Mendip Hills
    Mendip Hills
    The Mendip Hills is a range of limestone hills to the south of Bristol and Bath in Somerset, England. Running east to west between Weston-super-Mare and Frome, the hills overlook the Somerset Levels to the south and the Avon Valley to the north...

     were encoded under Edward IV
    Edward IV of England
    Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...

    . Two courts, consisting of twelve miners, were held annually to enforce the code.
  • Cumberland
    Cumberland
    Cumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....

    : The lead miners of Alston Moor
    Alston Moor
    Alston Moor is an area of moorland and civil parish in Cumbria, England, based around the small town of Alston. The parish had a population of 2,156 at the 2001 census. As well as the town of Alston, the parish includes the villages of Garrigill and Nenthead, along with the hamlets of Nenthall,...

     enjoyed legal privileges from the thirteenth century. By the reign of Henry V
    Henry V of England
    Henry V was King of England from 1413 until his death at the age of 35 in 1422. He was the second monarch belonging to the House of Lancaster....

     there was in existence a court of mines, and the miners elected a coroner and bailiff, with the king's officers having no authority to serve writs in the area.

Revived Cornish Stannary Parliament

Some Cornish
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...

 political activists claim to have revived the Stannary Parliament since 1974, along with the right to veto British legislation. Indeed, it purports to have actually vetoed acts passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

, although has been unable to enforce this.

On 12 December 1974 the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...

 replied to letters from the members of this revived Parliament, saying that the Home Office could accept elections by the stannary towns only as constitutive of a valid Stannary Parliament. However, the Stannaries were not abolished, and the Home Office has made no effort to hold these elections. The Revived Cornish Stannary Parliament is driven primarily by Cornish nationalism and demands for greater local autonomy, along with arguments about the constitutional status of Cornwall
Constitutional status of Cornwall
Cornwall is currently administered as a unitary authority and ceremonial county of England.However, a number of organisations and individuals question the constitutional basis for the administration of Cornwall as part of England, arguing that the Duchy Charters of 1337 place the governance of...

.

External links

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