A Brief REMONSTRANCE TOUCHING The Pre-emption of TYN, and the coinages thereof. April the 25.  
AMong the many Temptations that all Princes and Powers are exposed to, this is none of the least; their liableness to receive false Representations of things upon the account of Profit and Advantage from Persons, who for the most part, make use of such pretences to promote some low or base interest of their own, or sometimes do it ignorantly, not knowing or considering the whole, or the circumstances which might complete the truth of such Relations; but so much as may hold forth the pretended profit, supposing that, would be grateful in itself, and they may possibly ingratiate themselves thereby.  
By means of this Temptation, and such Suggestions, it hath also been the unhappiness of the poor Tynners' of Cornwall, upon every new change of Government or Power in this Nation, which have been many within these few years, still to be interrupted and called off from their hard labour and employment, to answer to the name and title of Preemption and coinages of their Tyn, as if, of all men, the poor Tynners' were born slaves; and what were a Monopoly in the case of any other Native, were none in theirs: But being born in chains never to be shaken off, must entail them to posterity, from generation to generation.  
Now the endeavours of this Paper shall be to undeceive, and rightly to inform all such as have only looked into this business, through the wrong Mediums before mentioned, and to set Preemption and coinages upon their true Basis and Foundations: Which to do, it will be necessary to lay down, 

First, The Original of Preemption, its Foundation and Bounds.  
Secondly, What it is in itself, and its own nature?  
Thirdly, What hath been the judgement of every Age concerning Preemption, when it was in use, since it had a name in England, and then we shall come to speak of coinages?    
And for the first, It will not be denied by any, being so evident by divers ancient Authors and Records, that there were Tynners' and Tyn-workers before the Conquest, yea, in Augustus Caesar's time, as Judge Dodridge reports out of Diodorus Siculus, and therefore they owed not their liberty and privilege of digging for Tyn to any of the Kings of England, but that they had it ab initio, and by prescription, which doth also appear by divers words in some of their ancientest Charters, as Sicut ab antiquo consuetudine & sicut hactenus usitatum, 
Charter of K. John.  etc. But as it is acknowledged by all, the most specious and probable Foundation of Preemption, is from that clause in the Charter granted to the Tynners' by King Edward the first, Anno 32. of Nisi nos vel heredes nostri stannum illud emere volumus: There being found no mention of the word in elder times, nor ever any grant of the Emption of Tyn, till after this Charter.  
Now how far this clause may rationally extend, First, it doth appear, That it amounted to no more than a benefit and preferment of buying the Tyn before any Subject at the price currant, or as the King and they could agree, as it is fully expressed in Brighams' Patent, when after near Two hundred years sleep it was revived in the Three and fortieth year of Queen Elizabeth, which hath been publicly and often acknowledged by the Council that heretofore pleaded for Preemption; and that this clause cannot well 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, Et quod omnes Stannatores nostri Stann' illud sic ponderatum licite vendere possint cuicunque voluerint in villis praedict' faciend' inde nobis Cunagium, & alias consuetudines debitas & usitatas, nisi nos vel heredes nostri, etc. By which they have leave to sell their Tyn to whom they will, unless the King will buy it, 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 fie: one against another: And this will more fully appear from the nature of the word itself, for he Privilege and Prerogative reserved in this clause is Preemption. 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 Tyn against his will. And secondly, a proportion of price to the value of the commodity, and then the Kings of England could never impose a price upon their Tyn, and consequently could not take it at their own price, by any warrant in this clause.  
And so much may suffice to clear the Original Foundation, and Bounds of Preemption.  
Secondly, It is also evident, that Preemption in this its Primitive Institution, and Native colour, is nevertheless a Monopoly, for that it ingrosses the most staple and native commodity of this Nation into particular hands (viz. the King's Farmers,) who are to have the sole managery thereof, to the prejudice not only of all the other Merchants and people of the Nation, who have an equal right to the Emption, and Transportation thereof, but also of the Tynners' themselves, who cannot be Merchants of their own goods, but are bounded to a price which they must acquiesce in, during the time of the Farm, though their Commodity come to be worth double in the Nation and abroad, during that time.  
Thirdly, 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 Ship-money) 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 Parliament; 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, Edward the Second, to Anthony de Pessaign, which was revoked in the tenth year of his Reign, and left by him to the Barons of the Exchequer (who could be no Farmers) to do therein, Prout ante concessionem praedictam fieri solebat; yet the same year there was another Grant made, De emptione Stagminis, to one Abington, the King's Butler, which was afterward revoked in the fourteenth 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 Edw. 3. to Richard Suthorp, and Moneron (upon pretence of the Kings most urgent occasions for the defence, and saving of the Kingdom) to seize 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 Tynners'; 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 Tyn 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, 
Come it's ont fait de tout temps  that they might sell their Tyn to any that would buy it, without the restraint of the Prince, as they had done heretofore at all times.  
From Edward the third, down along to Edward the sixth, 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 R. 2. 1 Edw. 4. 3 Hen. 7. 27 Hen 7. 3 Hen. 8. 1 Edw. 6.  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, wise and wary, and had 
* Empson & Dudley.  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 Srockhouse, 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 I Q. Marry, by the Lords of the Council, as prejudicial to the Tynners'; 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 prizes as they and the Tynners' could agree, with the reservation of 2000 l per annum Rent 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 Patents) and so after long debate with his Council, revoked by Proclamation in the first year of his Reign, as therein may at large appear: It is 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 Tyn, for the price then currant, of 28 l. per 1000 w. to the Tynners', and 2000 l. to the King; but within a few years after, that 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 l. per annum, and so grew higher and higher, as the times grew worse, with some petty increase of price to the tynners', till it came to 14000 l. per annum, and more, and so continued till the expiration of the late Farmer's Patent, which was since the beginning of the great Parliament. And then the Tynners' having served out the time of their Bondage, and being no longer under that state, able to preserve themselves and their Families from Ruin, addressed several Petitions to the Parliament for Liberty; where after several years' attendance upon reference to several Committees, much opposition and contestation at length one of their Petitions was read in the House, and referred to the Committee for the Navy; where Preemption was solemnly debated in the presence of the Attorney General, and by the Vote of the whole Committee, judged to be a grievance, and to be taken away as will appear in the Records and Acts of that Committee, still ready to be produced: By virtue whereof, and of the Act of Parliament for Excise or New Impost, the Tynners' after their Tyn stamped and coined at their respective Blowing-houses, sell the same from time to time to their best Merchant, as they are enabled to do by Authority of the said Act, paying the duty of Excise.  
And thus you have a short view of the state of Preemption, and what hath been done upon it from its Original to this day. There is one Objection which needs answering before we come to coinages, and that is this.  
Object. 1. That if Tyn be out of Farm, and at liberty, the Tynner would be but a prey to every Merchant, and the Tynners' by underselling 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 are able to employ near the whole bulk of Tyn that is made in the year, as it is at present.  
But thirdly, There is an answer to it, against which there is no rising up, and that is from sense, and six or seven years' experience; and we use to say, Non est disputandum de gustu, There is no disputing against one's sense, and common experience, which can evidence, That in the various changes and obstructions of Trade that have been within these few years, yet the Tynners' have still had a far better price, than ever they could have under a Farm, and for the most part 4 l. and above, and at this day 4 l. 8 s. per centum for their Tyn; yea, the Backs and Bellies of the poor Tynners', the present better condition of their Families, their Wives and Children, comparing it with that misery and penury they endured formerly; are so many living monuments to upbraid the Tyranny of such as imposed Preemption, and evident Arguments from Sense, how much Liberty is better than Bondage, from which Sense it is believed, they will not easily be drawn upon any pretences to leave their Freedom, and return into Egypt. And if all this were not sufficient, you may have to evince this truth, the suffrage not only of many Merchants and Factors in Cornwall, who get a livelihood by the buying and disposition of this Commodity, which they dared not touch in the days of Preemption, but also of the Pewterers of London, who are not ashamed to affirm, Their Company is 20000 l. better in estate since they had Freedom to buy at the first Market, than they were when Retailers from the Farmers. And so much for Preemption.  
Obj. But what may be said, why coinages may not be revived, and that ancient due of 4 s. per centum, imposed and paid for Coinage of their Tyn?  
To this it is answered, First, That it is most evident there is no necessity of reviving that old way of coinages, since all the Tyn is, and hath been coined and stamped for several years passed at the Blowing-houses, by the Officers for the Excise, with the Commonwealth Arms; by which, upon the payment of the Excise due, it becomes currant, and is saleable: And which way of Coining is conceived to be far better, and more convenient than the old, as shall be cleared by and by.  
And secondly, The State loseth not the 4 s. per centum Coinage due, but hath the same Revenue paid in the Excise, and more. The payment whereof, it is believed the Tynners' are content, should be ascertained upon them, if any urge the uncertainty or contingency of the Excise; but it is conceived, it will not be suitable to grounds of policy and prudence, to load that Native, and most staple Commodity of this Nation, with extraordinary and unnecessary Taxes, which may discourage the Tynner from working Tyn, and put him upon Husbandry, and other employments more profitable, as is done in Devon; seeing this would destroy all manner of Revenue, together with that ancient Commodity peculiar to this Nation, and that County alone, and be an utter ruin to many thousand Families in England, whose livelihoods depend on the manufactures thereof.  
But thirdly, We humbly desire that it may be considered upon what legal or equitable ground the old way of Coinage, or Coinage due, may be imposed at present, seeing the Duchy of Cornwall, of which this was a part, is dissolved, the Manors and Lands, yea, the Coynage-houses sold to several persons; who have bought their Lands without Reservation of any Privilege or Immunities to the Tynner. Now it is well known, that before, as well as in the Charter granted by the Kings of England to the Tynners', there were not only for the sake of Preemption (for that was so inconsiderable a benefit, as was not made use of for two hundred years) but for those ancient Coinage deuce, the Tynners' were to have a Lord-warden and Vice-warden, to determine all Causes arising in the Stannaries, and were not to be tried in any other Court, were to be free in all Markets and Fairs from any Toll, etc. were to dig in any the Princes Wastes or Moor without control, were to bring and carry watercourses over the Princes and other men's Lands, and many other privileges, which it cannot be thought the Purchasers of those Lands will now allow the Tynner: And then let it be seriously considered, whether it be equitable and just to return the Tynner to his Burdens, without his privileges, and to the payment of that, for which it is not possible for him to enjoy the consideration.  
Obj. But if the State would take off the Excise, were it not better to revive coinages, and pay the deuce that way?  
To this we answer, That we humbly conceive the old way of Coinage is not better at present, either as it respects the State; who first have the same Revenue by the Excise, without the charge of so many Officers and Encumbrances, as are incident to coinages, (the best friends to coinages, and this Objection, being either by those that hope to have a share in the Offices attending coinages, or some Merchants that wish well to Preemption, and know the reviving of coinages the next way to introduce it,) and secondly, who have it also with less danger of embezzling, for the Excise deuce are to be paid, as soon as the Tyn is blown, and before it be carried from the Blowing-house, the Coinage due long after, not before the set times of Coinage, which may be a temptation to the Necessitous Tynner, in that interval, to sell and embezzle his Tyn without Coinage, or paying any deuce.  
Secondly, Not better for the Tynner, who by the Excise may sell his Tyn. and have it stamped and coined as soon as it is blown, to supply his necessities; whereas the other way, he must stay till the solemn times of Coinage, and before that time to supply his necessity, be compelled to pawn, possibly, or sell his tin underhand, and under price to the Regrator. which Judge Dodridge in his Book of the Duchy of Cornwall observes, was the misery which the interval of Coinage exposed the poor Tynner to, in those days, and which is like to return upon them again, if they return to coinages. Neither is it better for the Tynner in this respect, that by the Excise he pays nothing before his Tyn be sold; but by the way of coinages he must pay the 4 s. for Coinage, though he borrow it, and cannot sell his Tyn.  
Object. But is there not an absolute necessity of a Say-master to say and tore the Tyn, to keep that excellent Commodity from embasing?  
To this it is answered, That though the Interest of the Tynner lie in having such an Officer, as much as the Merchants, to whom the Tyn bought is at present ordinarily warranted by the Tynner; yet such an Officer may be appointed, as with the consent of the Tynner, so without coinages; for as the Officer for the Excise hath and doth Coin the Tyn at the Blowing-house, so may the Say-master say it there, with a like, and no more trouble.  
To conclude therefore, We humbly desire it may be considered, whether it were not more agreeable to Justice and Policy, to leave the Tynner to a quiet proceeding in his Calling, in the observation of those Laws and Rules, by which, for some years past, and at present, he doth dispose of his own Goods, than 〈◊〉 discompose him by setting on foot any Antiquated, or other ways, ●●●rein if the Tynner should not walk, or transgress, it were worth 〈◊〉 enquiring, how he were justly punishable, seeing he governs himself by the Rule of an Act of Parliament, in force, and unrepealed; and is willingly content to live in obedience thereunto, until the next Parliament take further course or order therein.   
FINIS.