The Case of the Stanneries stated: with the Grounds and Reasons of their Petition to the Honourable House of Parliament, together with the Answers to several Objections that are usually made against them, humbly proposed.  
THE Tynners' of Cornwall having served out their time, wherein (by the late Kings grant) they were bound to the old Farmers and Preemptors, and being no longer able to preserve themselves and their Families from ruin by the low prizes and rates appointed to them formerly for their Tyn, in regard of the small quantity that is made at present, and yet the excessive charge in digging and working of it, occasioned by the decay and discontinuance of their Ours, the increase of Waters, the paucity of Labourers, and the great dearth of all Comoditieses, above double the ancient and usual prizes, did therefore about 3. years fithence humbly Petition the Parliament that they might have the liberty and common privilege of other Subjects, to sell and make the best advantage of their Tynn, paying the Coinage and all oath duties anciently due: Now though their request be but the common privilege and Interest of English men, to which they were born, yet either through great opposition, or the greater and more important affairs of State, it hath been their unhappiness hitherto, not to obtain the resolution of Parl. upon their Petition.  
'tis true that there are not wanting many men, who have long, and still do, make it their business (upon what ground let others judge) to amuse the Parl. with great pretences of some right to the Tyn, inherent lately in the Crown, as if the poor Tynners' were born in chains, and more like Indian slaves then English men did work for others not for themselves, and by reason of these pretences they have been forced with great expense to attend long with Council to argue their Rights, and during all that time, and long after complied with the Orders of the Committee of Revenue, and parted with their Tyn to Farmers apppointed by them, though at a price imposed upon them, being 20. or 30. in every hundred weight below the Common and Current value thereof: But because they could not continue their work and maintain their Families with such low prices after the expiration of one year and half they forbore any longer to part with their Tynn to the said Farmers, whereupon their issued an Order from the Committee of Revenue to forbid the Coinage of their Tyn, unless upon the acceptance of the former price with a prohibition for any to buy or sell, or suffer any Tynn to be exported, or Excise, or Custom to be taken; whereupon 'tis confessed, that after long expectation of some resolution in Parliament, most of the Tynners' having no other means to preserve themselves, and their Families from perishing, when they could stand out no longer against the highest Law of necessity, were forced to sell their Tynn to any that would buy, and for this Crime, because they would not rather starve then disobey the said Order, they were in September last convented to appear before some Commissioners, and required to take Oaths, to betray and confess against themselves, and one another, how they had sold their Tynn; and because many of them declined the taking of such Oaths, Ex officio, in December following, a Messenger is sent down, who Subpenaed them into the Exchequer, to appear and answer informations to be laid against them by the King's Solicitor: Whereupon they knew no other course, but once more to renew their humble address by Petition to the Parliament, and that upon a better hopes and confidence then before, because of the Parliaments late proceed (for though all that the Tynners' desire be no new thing or extraordinary immunity, but what their Predecessors enjoyed for many ages during the Reign of many Kings, and which some yet living can remember to have enjoyed before the Forty third year of Queen Elizabeth, and therefore might have owned their suit under Monarchy:) Yet much more are their hopes raised at present, that since the Parliament have Declared against Kingly Government, no Prerogatives incident thereunto, and to the prejudice of the People, will now be insisted on, nor any Monopoly or Restraint of free Trade receive countenance in a time when the Common and Native Freedom of the People is declared for, yet since 'tis desired that Preemption may yet be further unboweled and laid open, what this clamour of right pretended, amounteth to (the matter of fact being truly set forth) you may be pleased to observe what bottom and ground Preemption hath by any colour of Law, and thereby the equity and reason of the Stannaries Petition laid open in that which follows.  
First, the Tynners' do not deny the Kings Right ad Stagnariam & Cundagium. the Stannaries and coinages, but the legality of Preemption, which is distinct from both: 
See Dodri●● of the Duchy o● Cornw. li● fol.  The Coinage Custom of 40s. payable out of every 1000d. weight of Tynn is confessed to be a right anciently belonging to the Earls of Cornwall, and annexed afterward to the Duchy, and as it cannot be proved, that for near 200 years before the forty third year of Queen Elizabeth, there was any more paid to the Crown, so they are very willing and contented to pay it still: 'Tis likewise confessed, that the Earls of Cornwall, and some Kings of England, before Edw. 1. have made several Grants of the Stannaries, and the profits thereof, but it was never proved that this amounted to more than a Grant of the ancient Custom before mentioned, and of the toll Tyn, and other emergent profits, when Tynn hath been digged out of any of the Prince's Lands, and which are paid and payable to this day; for, that the right of Tyn working was by prescription, and ab initio, is manifest by ancient Historians, quoted by Judge Dodrige in his Book of the Duchy of Cornwall, and divers words in their ancientest Charters, as Sicut ab antiqua consuetudino, 
Chart. K. John. Chart. Edw. 1.  sicut hactenus usitatum, etc. So that their Charters seem to be in the general, rather confirmations of their old Customs, than endowments with any new Right, however they were great Acts of Grace as to some particular privileges and immunities, and the ground of that Act made, 52. Edward 3. upon Prince Richard's Petition, fully confirms those Rights which they had so gained by Custom and ancient usage. And they acknowledge it likewise to be true, that by the Charter of 32. Ed. 1. the King reserves a power of Preemption in this Clause, Nisi nos vel heredes nostri Stann' illud emere voluerint. Which Charters and clause is believed to be the most specious and probable foundation of Preemption, because there is found no mention of the word in the elder times, or ever any Grant of the Emption of Tyn, till after this Charter. Now if the nature and extent of this Preemption be examined, & what was the judgement of these times which succeeded that Charter down along to latter times within the memory of man, concerning Preemption, when ever it was in use, it will easily clear the whole business.  
For the first; it doth appear, that it amounted to no more than a benefit and preferment of buying the Tynn before any Subject at the price currant, or at the King and they could agree, as his fully expressed in Brighams' Patients, when after near 200 years sleep it was revived in 43. Queen Elizabeth's, which hath been publicly and often acknowledged by the Council that heretofore pl●●d●d for P●●●●ption; and that this Clause cannot reasonably be extended further may be proved by reason, and the very construction which the words in that Charter will bear, which immediately precede this Clause, which are these, E● quod omnes Stannatores nostri Stann' illud sic ponderatu●● litite venders possint evicunque voluerint in villis predict faciend inde nobis Ca●●●agi●●, & alias consuetudines debitas & usitat●s, nisi nos vel beredes n●stri, etc. By which they have leave to sell their Tyn to whom they will, unless the King will buy, and then it will follow, that he must buy as they can sell, which is to whom they will, or that offers most; otherwise the first and last Clause will seem to fight one against another; and this will more fully appear from the nature of the word itself, for the privilege and prerogative reserved in this Clause is Pre-emption, now all Emption doth presuppose a Contract, and as there is a correlation between the Contractors and the Contractee, so in every Contract of Emption, the Law of Nations requires two things, first a voluntary and mutual consent of two parties, the buyer and the seller; and then the Tynner cannot be compelled to sell his Tynn against his will. And secondly, a proportion of price to the value of the commodity, and then the KING cannot impose a price upon their Tynn, and consequently cannot take it at his own price, by any thing in this Clause.  
Secondly, As to the judgement of every Age since that Charter, concerning Preemption when it was in use, it will appear that (though there have been but few precedents for it (not so many as for Shiymoney) and but few Grants made of the Emption of Tyn by some of the Kings of England, and those still at the prizes which were then currant, and never imposed; for they desire it may be observed there never was, nor can be urged in any age till of late, the imposing of a price upon the Tynners' goods; yet seldom or never were there any such Grants, but they were from first to last complained of as oppressions, and so presented in succeeding Parliaments; yea commonly made null, and revoked by those Kings that granted them, whereof you may take a short view in these particular Instances.  
The first Grant found after this Charter of 32 Edw. 1. was made by his Son Edw. 2. to Anthony de Pessaigne, which was revoked in the 10. year of his Reign, and left by him to the Barons of the Exchequer (who could be no Fermors) to do therein, prout unto Concession●● predictam sieri solebat; yet the same year there was another Grant made, the eruptions Stagmini●, to one Abington the King's Butler, which was afterward revoked in the 14 year of his Reign upon those grounds that it was in oppressionem populi, & contra tenorem Charte pris sui, etc. and commands the Sheriff to make Proclamation throughout the County, that all Tynners' that had any Tyn to sell after the Coinage, and Coinage due paid, might sell their Tyn (prout decet) without any impediment or contradiction according to the Charter of his Father, wherein there is both a construction of that Charter, and the judgement of that time concerning Preemption.  
The next Grant that appears to be made, was 12 Ed. 3. to Richard Suthorp and Moneron (upon pretence of the Kings most urgent occasions for the defence and saving of the Kingdom) to se●ze the Tyn of Cornwall and Devon into their hands for his use, yet so, that they, should give good security for it; according to such a price as should be agreed between them and the Tynner; yet the same year upon complaint to the Parliament held at Northampton, there was a revocation of their Grant, and a restauration of the Tyn.  
In the 21 year of Edw. 3. there was another Lease granted of the Tyn to one Tydeman of Lymbrick, which was complained of the same year in Parliament by the Merchants of England, for that the Tin was engrossed by one man, which was wont to be sold to all the Merchants of the Kingdom; and receiving no satisfactory answer that Parliament, the Tynners' of Cornwall Petitioned the next year in Parliament, 
Come il's ont fait de tout temp.  that they might sell their Tin to all that would buy it, without the restraint of the Prince, as they had done heretofore at all times.  
From Edw. 3. down along to Edw. 6. there is not found or urged any one Grant or Lease of the Emption of Tyn, though in the long interval of that time, their Charters have been confirmed by all or most of the 
* Viz. 8. ●2. 1 Edw. 4 3 H. 7. 27 H. 7 3 H. 8. 1 Edw. ● Empson Dudley.  Kings that intervened; yea, twice by Henry the seventh, in one of whose Charters, viz. 27 Hen. 7. this Clause concerning Preemption of Nisi nos, etc. is wholly declined and omitted, though it be well known he was a Prince, wife and wary, and had Instruments active enough to promote and execute what ever might advance his Revenue by any colourable pretence, from Prerogative or Law: And though 7 Edw. 6. there was then a Lease made to Gilbert Brock-house of the Preemption of Tyn, with as much easiness and respect to the Tynners' as could be desired: viz. that he should give as much as any other Merchant had, or did give and sell, but at a half penny profit in every pound to others, yet this was revoked 1. Q. Marry, by the Lords of the Counsel as prejudicial to the Tynner: So it continued free till the latter end of Q. Elizabeth's Reign, and then a Lease was granted to Brigham and Wymes for the first buying of Tyn, at such prices as they and the Tynners' could agree, with the reservation of 2000 l. per annum rend to her Majesty and no more, yet this Lease was understood and comprehended by K. James, under the notion of a Monopoly, and an Invasion of the liberty of the Subject (as well as some other Patients) a●d so after long debate with his Council, revoked by Proclamation in the first year of his Reign, as therein may at large appear: 'tis very true that 5. Jacobi, there being a glut of Tyn in the Country, more than the Kingdom, or Foreign parts could take off, the Tynners' easily consented to a new Farm of their Tin, for the price then currant, of 28 l. per 1000 d. to the Tynner, and 2000 li. to the King, but within a few yeare● after, tha● the gain of the sole Emption and transportation of their Tyn came to be felt and understood by the Merchants, Preemption was advanced to 8000. p. per annum, and so grew higher and higher, as the times grew worse, with some petry increase of price to the Tynner, till it came to 14000 ●. per annum, and more, and so continued till the expiration of the late Farmer's Patent, which was since the beginning of this Parliament. There remains only two or three Objections more to be answered.  
One is, That Tyn is a Royal Mine, because it hath a mixture of Silver in it.  
Answ. There is not an ounce of Silver in many thousand weight, and the Judges of England have resolved it to the contrary, in Star-Chamber, as appears in Cook's Iurisdict. of Court, and yet it were heretofore a favour, and for the Tynners' advantage, to suffer his base Metal to go under the name of a Royal Mine, so it might receive the same Justice: For the King had bu● a fifth p●rt by Prerogative of all Royal Ours, whereas a third pa●t hath been taken ou● of the labours of the Tynnes, by the horrible abuse of Preemption.  
2. Another great Objection is, That if the Tyn we●e out of Farm, and at liberty, the Tynner would be but a prey to every Merchant, and the Tynners' by under-selling one another, would quickly destroy themselves and all Tyn working.  
Answ. This Objection though it be countenanced by wise men, is yet a Mystery, and it must necessarily argue a great weakness and want of Common discretion in the Tynner above other men, to dispose of his goods to his best advantage, from whence this must proceed, otherwise why should not the same mischief and inconvenience befall those that trade in Fish, and other not so choice commodities as this, peculiar to this Kingdom, and that County alone: But secondly, this inconvenience never followed but upon a glut of Tyn as is before said, but there is no ground for this fear now, when the quantity is so small, that the Manufactures of the Kingdom as are able to employ near the whole bulk of Tyn that is made in the year, as it is at present. Thirdly, admit that this would follow thereupon, cannot the Tynners', being a Corporation of themselves, contract with some few Merchants at such a price that they may have the Managery and trade of Tyn, but that not only Merchants but prices must be imposed on them; and for this favour of making a bargain and sale of their goods, there must be one half, or a third part of the value of their goods defaulked for a Revenue, this is such a grievance and misery, which no Subjects of England groans under besides the Tynner; and then which 'tis believed, there is no particular oppression cries louder in the ears of the Parliament, nor which in its redress by them, will give a clearer demonstration to the Kingdom, that they really intent to break every yoke, and to let the oppressed go free.  
Another great Objection is, that this Concession of Liberty and Freedom to the Tynner, would be with the loss of a great Revenue to the State, as the Tynners' taking leave of late, hot blast the State all manner of Revenue for this year last passed.  
To this it is answered, First in general, if by Revenue be meant that ancient Custom of 40 s. per 1000 d. before expressed, they are very willing to pay it still, with all the Fa●mand Toll Tyn, and other profits anciently payable out of the Stannaries; but if by it be meant all that Revenue which grew by prevention, revived and heightened since these last and worst times, and for which many Kings of England never received a penny, if that be sound to have the same bottom and foundation with other grievances taken away, and be ●ith r●an abused Prerogative or a Monopoly, ●is believed no profit or advantage can preva●le with the justice of Parliament from bringing it under the same Law.  
But secondly, 'tis certain, t●e best way to advance a Revenue ●o the State, is by giving the Tynner the best encouragement, for then there will be the more Tyn digged and wrought, and consequently the more money paid to the State, for the Duchy deuce, Exise and Custom, whereas if they should be discouraged and kept under by oppressions, this is unav●ydably like to follow, that knowing they cannot be compelled to work for Tin, and cannot live poorer in any t●ade, that they quite give over their working in Tin, and betake themselves to other employments, as they have done in Devon already, which would of itself destroy all manner of Revenue, together with that ancient and staple Commodity, peculiar to this Kingdom and that County only, and be an utter ruin to many thousand Families in England, whose livelyhoods depend on the Manufactures of that Commodity: And as to the loss of all manner of Revenue for the last year, let the blame be charged where it will lie; it cannot be reasonably charged upon the Tynner, who never denied to submit to a Farm for a time, till the Parliament should determine their Rights, if they might have a considerable price: But being denied such a price, together with the Coinage of their Tyn, and the acceptance of the ancient deuce, though tendered their necessities notwithstanding, enforced them to sell, which because they could not do in open Market, without Seizure and Forfeiture, ●o their best Merchants, they were glad to sell it to any, and so lost in the price of every hundred weight, more than the price of the ancient Duchy deuce amounted to, though they never sold it so low, but it was for much more than was offered, and to be paid by the Farmers.  
And now if it be demanded what will satisfy the Tynner all he desires at length is, but that it may be declared that he hath and shall have free liberty and right to dispose of his own Tyn to his best advantage, and consequently may not be under any restraint in price, or from the Farmers, by Preemption, or the Pewterers, or any other more than other Natives; Their next desire is, for the advantage of the State, that coinages, at the accustomed times and places, may be apppointed, that so deuce may be received and paid.  
Many lesser Grievances there are, in weights, and other things, which time and Tyranny his contracted upon them, which they desire may be regulated by a Convocation called among themselves, by Order from the Lord Warden.  
FINIS.