Stannary law (derived from the la, stannum for
tin
Tin is a chemical element with the symbol Sn (from la, stannum) and atomic number 50. Tin is a silvery-coloured metal.
Tin is soft enough to be cut with little force and a bar of tin can be bent by hand with little effort. When bent, t ...
) is the body of
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
that governs
tin mining
Tin mining began early in the Bronze Age, as bronze is a copper-tin alloy. Tin is a relatively rare element in the Earth's crust, with approximately 2 ppm (parts per million), compared to iron with 50,000 ppm.
History
Tin extraction and use can ...
in
Devon
Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devon is ...
and
Cornwall
Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...
; although no longer of much practical relevance, the stannary law remains part of the law of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
and is arguably the oldest law incorporated into the English legal system.
The stannary law's complexity and comprehensive reach into the lives of tin miners necessitated the existence of the legislative
Stannary Convocations of Devon and
Cornwall
Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...
, the judicial
Courts of the Vice-Warden of the Stannaries
The courts of the Vice-Warden of the Stannaries, commonly known as the stannary courts, were English courts in Cornwall and Devon that enforced the stannary law between the High Middle Ages and their abolition by the Stannaries Court (Abolition) Ac ...
, and the executive
Lord Warden of the Stannaries
The Lord Warden of the Stannaries (from la, stannum for Tin, Sn) used to exercise judicial and military functions in Cornwall, England, and is still the official who, upon the commission of the monarch or Duke of Cornwall for the time being, h ...
. The separate and powerful government institutions available to the tin miners reflected the enormous importance of the
tin
Tin is a chemical element with the symbol Sn (from la, stannum) and atomic number 50. Tin is a silvery-coloured metal.
Tin is soft enough to be cut with little force and a bar of tin can be bent by hand with little effort. When bent, t ...
industry to the English economy during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
. Special laws for tin miners pre-date written legal codes in
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
, 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.
Stannary Convocation of Devon
Edward I
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
's 1305 Stannary Charter established
Tavistock
Tavistock ( ) is an ancient stannary and market town within West Devon, England. It is situated on the River Tavy from which its name derives. At the 2011 census the three electoral wards (North, South and South West) had a population of 13,028 ...
,
Ashburton and
Chagford
Chagford is a market town and civil parish on the north-east edge of Dartmoor, in Devon, England, close to the River Teign and the A382, 4 miles (6 km) west of Moretonhampstead. The name is derived from ''chag'', meaning gorse or broom, and ...
as Devon's
stannaries, with a monopoly on all tin mining in
Devon
Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devon is ...
, a right to representation in the Stannary Parliament and a right to the jurisdiction of the stannary courts.
Plympton
Plympton is a suburb of the city of Plymouth in Devon, England. It is in origin an ancient stannary town. It was an important trading centre for locally mined tin, and a seaport before the River Plym silted up and trade moved down river to Plym ...
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.
[G.R. Lewis, ''The Stannaries, a study of the medieval tin miners of Cornwall and Devon (1908).'' (11 Mb PDF document)]
/ref> The Parliament usually met in an open air forum at Crockern Tor
Crockern Tor is a Tor (rock formation), tor in Dartmoor National Park, Devon, United Kingdom, 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 Stannary Conv ...
. 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
A charter of King John had given the tin miners of Cornwall certain legal rights which were confirmed by King Edward I in 1305. They had the rights of "bounding" (prospecting for and working tin ore deposits), of trial before their own stannary court, and of exemption from ordinary taxation. The stannaries were: Foweymore (district of Bodmin Moor), Blackmore (district of St Austell); Tywarnhayle (district of St Agnes and Carn Brea); and Kerrier and Penwith (district between Godolphin and Land's End). The courts were normally held every three weeks and presided over by the steward who had been appointed by the warden of the stannaries. As there are no extant records before the 16th century the court procedure is unknown; if tinners were compelled to appear before another court they could insist that half the jury be tinners.
The privileges of the stannaries of Cornwall were confirmed by Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
on the creation of the Duchy of Cornwall
The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...
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, the year before the Cornish Rebellion of 1497. Henry VII restored them in return for a payment from the tin miners of the sum, enormous at the time, of £1,000, 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
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...
provided that no new laws affecting miners should be enacted without the consent of 24 stannators, six being chosen from each of the four stannaries:
* Foymore (or Foweymore): chosen by the mayor and corporation of Lostwithiel
Lostwithiel (; kw, Lostwydhyel) 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, increasing to 2,899 at the 2011 c ...
*Blackmore
Blackmore is a village in Essex, England. It is located approximately 3 miles (5 km) east of Chipping Ongar and 4 miles (7 km) north of Brentwood. The village is in the parish of Blackmore, Hook End and Wyatts Green in the Brentwood ...
: by the mayor and corporation of Launceston
* Tywarnhaile (or Tynwarnhail): by the mayor and corporation of Truro
Truro (; kw, Truru) is a City status in the United Kingdom, cathedral city and civil parishes in England, civil parish in Cornwall, England. It is Cornwall's county town, sole city and centre for administration, leisure and retail trading. Its ...
*Penwith
Penwith (; kw, Pennwydh) is an area of Cornwall, England, United Kingdom, located on the peninsula of the same name. It is also the name of a former Non-metropolitan district, local government district, whose council was based in Penzance. ...
and Kerrier
Kerrier ( kw, Keryer) 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 (). Other towns in the distr ...
: by the mayor and corporation of Helston
Helston ( kw, Hellys) is a town and civil parish in Cornwall, England, United Kingdom. It is situated at the northern end of the Lizard Peninsula approximately east of Penzance and south-west of Falmouth.Ordnance Survey: Landranger map shee ...
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
The Lord Warden of the Stannaries (from la, stannum for Tin, Sn) used to exercise judicial and military functions in Cornwall, England, and is still the official who, upon the commission of the monarch or Duke of Cornwall for the time being, h ...
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. In 1977, responding by letter to a written question in the House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
from Plaid Cymru
Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom.
Plaid wa ...
MP Dafydd Wigley
Dafydd Wynne Wigley, Baron Wigley, (born David Wigley; 1 April 1943) is a Welsh politician. He served as Plaid Cymru Member of Parliament (MP) for Caernarfon from 1974 until 2001 and as Assembly Member for Caernarfon from 1999 until 2003. He w ...
to the Attorney-General for England and Wales, Lord Chancellor Lord Elwyn-Jones said he could find no record of the charter having been formally amended or withdrawn but also noted academic opinion that "no doubt has ever been expressed about Parliament's power to enact legislation for the stannaries without the need to obtain the consent of Convocation".
In March 2007, Bridget Prentice
Bridget Theresa Prentice (' Corr; born 28 December 1952) is a British politician, who was the Member of Parliament (MP) for Lewisham East from 1992 to 2010. She was married to the Labour MP Gordon Prentice from 1975 until their divorce in 2000. ...
, Parliamentary Under-Secretary of State
Parliamentary Under-Secretary of State (or just Parliamentary Secretary, particularly in departments not led by a Secretary of State (United Kingdom), Secretary of State) is the lowest of three tiers of Minister (government), government minist ...
in the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, stated in a Commons written answer that "there are no valid Cornish stannary organisations in existence" and that there "are no treaties today that apply to Cornwall only".
Stannary courts
The Devon stannary courts met in Lydford
Lydford, sometimes spelled Lidford, is a village, once an important town, in Devon, north of Tavistock on the western fringe of Dartmoor in the West Devon district. There is an electoral ward with the same name which includes Princetown. The p ...
and operated a prison there, while the Cornish stannary courts met primarily in Truro
Truro (; kw, Truru) is a City status in the United Kingdom, cathedral city and civil parishes in England, civil parish in Cornwall, England. It is Cornwall's county town, sole city and centre for administration, leisure and retail trading. Its ...
. The Devon and Cornwall stannary courts were merged into a single Stannaries Court following the Stannaries Act 1855
The courts of the Vice-Warden of the Stannaries, commonly known as the stannary courts, were English courts in Cornwall and Devon that enforced the stannary law between the High Middle Ages and their abolition by the Stannaries Court (Abolition) Ac ...
, but their powers were later transferred to county authorities by the Stannaries Court (Abolition) Act 1896
Stannary law (derived from the la, stannum for tin) is the body of English law that governs tin mining in Devon and Cornwall; although no longer of much practical relevance, the stannary law remains part of the law of the United Kingdom and i ...
.
The relations between the stannaries and Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
were discussed in ''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
Richard Strode was a Member of Parliament from Devon, England. In 1512, he introduced a bill to a ...
'' (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 is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
.
Examples included:
*Gloucestershire
Gloucestershire ( abbreviated Glos) 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 county town is the city of Gl ...
: The Free Miners of coal and iron of the Forest of Dean
The Forest of Dean is a geographical, historical and cultural region in the western part of the county of Gloucestershire, England. It forms a roughly triangular plateau bounded by the River Wye to the west and northwest, Herefordshire to the n ...
had their customs confirmed by charter attributed to Edward I
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
, with a miner's court to try cases between the miners, and a miner's parliament.
*Derbyshire
Derbyshire ( ) is a ceremonial county in the East Midlands, England. It includes much of the Peak District National Park, the southern end of the Pennine range of hills and part of the National Forest. It borders Greater Manchester to the nor ...
: The hundreds of High Peak and Wirksworth
Wirksworth is a market town in the Derbyshire Dales district of Derbyshire, England. Its population of 5,038 in the 2011 census was estimated at 5,180 in 2019. Wirksworth contains the source of the River Ecclesbourne. The town was granted a mark ...
(an area known as the "King's Field") were divided into eight "liberties" for the purposes of lead mining, and disputes were heard in the barmote court
A barmote court (also written bergjisote, barghmote, bargemote and barmoot) is a court held in the lead mining districts of Derbyshire, England, for the purpose of determining the customs peculiar to the industry and also for the settlements of an ...
s.
*Somerset
( en, All The People of Somerset)
, locator_map =
, coordinates =
, region = South West England
, established_date = Ancient
, established_by =
, preceded_by =
, origin =
, lord_lieutenant_office =Lord Lieutenant of Somerset
, lord_ ...
: The customs of the lead-mining district of the Mendip Hills
The Mendip Hills (commonly called the Mendips) is a range of limestone hills to the south of Bristol and Bath in Somerset, England. Running from Weston-super-Mare and the Bristol Channel in the west to the Frome valley in the east, the hills ...
were encoded under Edward IV
Edward IV (28 April 1442 – 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in England ...
. Two courts, consisting of twelve miners, were held annually to enforce the code.
*Cumberland
Cumberland ( ) is a historic county in the far North West England. It covers part of the Lake District as well as the north Pennines and Solway Firth coast. Cumberland had an administrative function from the 12th century until 1974. From 19 ...
: The lead miners of Alston Moor
Alston Moor, formerly known as Alston with Garrigill, is a civil parish and electoral ward in Cumbria, England, based around the small town of Alston. It is set in the moorlands of the North Pennines, mostly at an altitude of over 1000 feet. T ...
enjoyed legal privileges from the thirteenth century. By the reign of Henry V Henry V may refer to:
People
* Henry V, Duke of Bavaria (died 1026)
* Henry V, Holy Roman Emperor (1081/86–1125)
* Henry V, Duke of Carinthia (died 1161)
* Henry V, Count Palatine of the Rhine (c. 1173–1227)
* Henry V, Count of Luxembourg (121 ...
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.[
]
Present day
Some Cornish 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
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
, although it has been unable to enforce this.
On 12 December 1974 the Home Office replied to letters from the members of this revived parliament, saying that the Home Office could only accept elections by the stannary towns 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
Cornish nationalism is a cultural, political and social movement that seeks the recognition of Cornwall – the south-westernmost part of the island of Great Britain – as a nation distinct from England. It is usually based on three general ...
and demands for greater local autonomy, along with arguments about the constitutional status of Cornwall
The constitutional status of Cornwall has been a matter of debate and dispute. In modern times, Cornwall is an administrative county of England.
In ethnic and cultural terms, until around 1700, Cornwall and its inhabitants were regarded as a ...
.
See also
*Barmote court
A barmote court (also written bergjisote, barghmote, bargemote and barmoot) is a court held in the lead mining districts of Derbyshire, England, for the purpose of determining the customs peculiar to the industry and also for the settlements of an ...
– similar institution for lead mining in Derbyshire
* Warden's court – similar instution in Australia
*Stannary
A stannary was an administrative division established under stannary law in the English counties of Cornwall and Devon to manage the collection of tin coinage, which was the duty payable on the metal tin smelted from the ore cassiterite mined i ...
*List of topics related to Cornwall
The following outline is provided as an overview of and topical guide to Cornwall:
Cornwall – ceremonial county and unitary authority area of England within the United Kingdom. Cornwall is a peninsula bordered to the north and wes ...
*Cornish Stannary Parliament
The Cornish Stannary Parliament (officially The Convocation of the Tinners of Cornwall) was the representative body of the Cornwall, Cornish stannary, stannaries, which were chartered in 1201 by John, King of England, King John. In spite of the n ...
*Stannary Convocation of Devon
The Stannary Convocation of Devon, also known as the Great Parliament of the Tinners or as the Devon Stannary Parliament, was an assembly in the English county of Devon, with the power to amend and expand the stannary law in the county. Initially a ...
*Duchy of Cornwall
The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...
References
Further reading
*
*
External links
Revived Cornish Stannary Parliament
Cornish Timeline
Online Catalogue for the Vicewarden's Court of the Stannaries
at the Cornwall Record Office
Kresen Kernow (Cornish language, Cornish for Cornwall Centre) in Redruth, United Kingdom is Cornwall's archive centre, home to the world's biggest collection of archive and library material related to Cornwall. Funded by the National Lottery Her ...
{{DEFAULTSORT:Stannary Courts And Parliaments
Politics of Cornwall
English law
History of Cornwall
Cornish mining organisations
Mining in Devon
History of Devon
Legal history of England
Culture in Devon
Dartmoor
Tin mining
Cornish culture
Mining law and governance