Charles I, 1640: An Act against diverse Incroachments and Oppressions in the Stannarie Courts.

E. I. Charter to Tinners of Devon.

Explained 50 E. III.; Request of the Commons.; Answer.; Further Request of the Commons.; Answer.; 8 R. II. Charter to be executed.; The like Charter to Tinners in Cornwall.; Declarations that Tinners of Cornwall and Devon have enjoyed Liberties.; Abuse of Liberties recited; The former Declarations confirmed.; In locis ubi operantur, how expounded.; None but Tinners to be sued, unless by working Tinners.; Oath by Plaintiff.; Persons not Tinners sued by others not Tinners shall have their Action.; Such Action to be brought within Two Years, or before the Warden, &c.

Whereas King Edward the first of famous memory did for the Amendment of the Stannaries in the Countie of Devon grant diverse Franchises and Liberties to the Tynners there And whereas in the Parliament in the fiftieth yeare of King Edward the third upon the Petition of the Commons of the Countie of Devon certaine Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following viz. Sciatis nos ad emendationem Stannariarum nostra[rum] in Com. Devoñ ad tranquilitatem et utilitatem Stannato[rum] n[ost]ro[rum] p[re]dco[rum] earundem Concessisse pro nobis et heredib[us] n[o]stris Quod omnes Stannatores p[re]d[i]cti operantes in Stannariis illis que sunt Dominica nra dum operantur in eisdem Stannariis liberi sint et quieti de placitis nativo[rum] et de omnib[us] placitis et querelis Curiam n[ost]ram et heredum n[ost]ro[rum] qualitercunq[ue] tangen Ita quod non respondeant coram aliquib[us] Justiciariis vel Ministris n[ost]ris seu heredū n[ostr]o[rum] de aliquo placito seu querela infra p[re]ictas Stannarias emergen nisi coram Custode n[ost]ro Stannaria[rum] n[ost]ra[rum] p[re]dicta[rum] qui pro tempore fuit (except placitis terr vite et membro[rum]) nec recedant ab operationib[us] suis per summonic[i]onem alicujus Ministro[rum] n[ostr]o[rum] seu heredu[m] n[ost]ro[rum] nisi per summonic[i]onem communem dci Custodis n[ost]ri Et quod quieti sint de omnib[us] tallag Theoloñ stallag auxiliis et aliis custumis quibuscunq[ue] in villis portub[us] feriis et mercatis infra Com. p[re]d de bonis suis p[ro]priis &c. Whereupon the said Commons prayed a Declaration as followeth: Requeste Sur qoi plese declarer si auters persons q les Esteymos onerantz in les Estemeryes avont et enjoyeront la franchise gnte per la dite chartre du Roy desicome la dite chartre voet Quod omnes Stannatores p[re]d[i]c[t]i operantes in Stannariis illis sint liberi &c. Et auters p[er]sons q les oñ ours cestassavoir l˜os Maistres que les lovent et lõs servants et auters claymont mesme la Franchise Et auxint plese declarer si les ditz oñours y avõnt les Franchises in auters temps q quant ils avõnt in mesme Lestemery desicome la ctire voet Dum operantur in eisdem Stannariis sint liberi &c. Upon which request answer was made as followeth Respons En droit de les dites paroles operantes in Stannariis illis et dum operantur in eisdem Stannariis. Soient clerement entenduz de operariis laborantib[us] duntaxat in Stannariis illis sine fraude et dolo et non de aliis nec alibi laborantib[us] And whereas the said Commons prayed a further Declaration as followeth Requeste Item soit declarrez si le Gardein de Lestemery puisse tenir plee inter Esteymo et Forreyn de querele sourdante aillos q en les lieux ou ils sont onantz desicome la Chire voet. Quod Custos noster p[re]dcus vel ejus locum tenens teneat omnia placita inter Stannatores p[re]dcos emergeñ et etiam inter ipsos et alios forinsecos de omnib[us] transgressionib[us] querelis et contractib[us] factis in locis in quib[us] operantur infra Stannarias p[re]dcas similiter emergeñ &c. Quar il tient plee des tieux quereles sourdantz in chescune parte deins le dit Counte. Upon which answer was made in these words viz. Resp. Et en droit de ceste Article se ent extend la Jurisdiction clerement solone les paroles del dit Chre Cestassavoir In locis ubi iidem operarii operantur et nemy aillours ne en autre manere Which Charter so declared was repeated again And in the eighth yeare of the Reigne of King Richard the second commanded to be put in execution And whereas the said King Edward the first made the like Charter to the Tynners in the Countie of Cornwall which Charter was in the foresaid Parliament upon the request of the Commons of the County of Cornwall declared in the same manner and words. And whereas the Tynners of the Counties of Devon and Cornewall have by vertue of the said Charters enjoyed diverse and great Liberties and are quit from all Tolls Tallages Aydes and other Customes in the Villes Ports Fairs and Markets within the said Counties respectively Which great Liberties do of right belong to the working Tynner working without fraud or deceit in the Stannaries aforesaid and not to any other nor else where working and were granted to the said Tynners for theire encouragement in theire works And whereas of late yeares sundry Inhabitants within the said Countyes and others to entitle themselves to the said Liberties have by fraud and covine for small or no considerations bought & acquired and do buy and acquire to themselves decayed Tynneworkes and small and inconsiderable parts in the same and other Tynneworks which abuses are done principally to inable the said false and fained Tynners to vex and sue theire Neighbors in the Stannary Courts where for the most part the Defendant is unjustly debarred his costs although the cause be adjudged with him and the Jurisdiction of the said Stannaries hath contrary to ancient right and usage and the said Charters been endeavoured to be extended out of the places where the Tynners doe worke through the whole Counties of Devon and Cornwall respectively which is no way for the benefit of his Majestie but for the singular lucre of some private persons And whereas by the said abuses great inconveniences doe follow (That is to say) the Inhabitants of the said Counties are miserably vexed oppressed and imprisoned His Majesty defrauded of His Aides and Customes and the Lords and Owners of Faires Markets and other Franchises of their Tolls and Duties and the Government of the Countrey exceedingly confounded and eluded the said false and fained Tynners claiming when they list to be Tynners and when they list to bee forreiners besides that if timely provision be not made the certaine decay of his Majesties profit in the Tynneworkes will ensue for that the same being divided into so many hands and parts cannot conveniently be set on worke nor Contribution raised for the working the same Be it therefore Enacted by his Majestie and the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said Declarations be henceforth held and duely observed with this that the words of the said Charters and Declarations In locis ubi operantur be expounded of the Vill Tithing and Hamlet where some Tynne worke in worke is scituate and not else where and no longer then the same Tynne worke is or shall be in working And if any person or persons that shall be sued in the said Stannaries shall swear or tender his or theire Oath in the said Court where he or they shall be sued that he or they are not nor is nor time of the Suit commenced was not nor were a Tynner or Tynners then such Defendant or Defendants shall be forthwith discharged of such Suit unlesse that the Plaintiffe or Plaintiffs do forthwith make Oath that the said Plaintiffe or Plaintiffs is or are true and working Tynners without fraud or deceit and that the cause of his or theire Suit arose within the said Stannaries or concerneth Tynne or Tynne works And if any person being not re vera and without fraud a working and labouring Tynner in or about some Tynne worke set on worke within one halfe yeare next before his Suit shall sue prosecute or implead in any the said Courts or before the Warden Vice Warden or Steward of the said Stanaries any Person or Persons that is or are not a Tynner or Tynners at the time of such Suit co[m]menced Then the Defendant and Defendants [in (fn. 1) ] every such case shall have his and theire Action at the Common Law against such person suing or prosecuting wherein he shall recover ten pounds and his dammages and costs of Suit Provided that such Action be brought within two yeares next after the Action or Suit brought in the said Stannary Courts or before the said Warden Vice Warden or Steward.

II. Costs in Stannary Courts.

And be it declared and enacted That in all cases where the Plaintiffe or Defendant Plaintiffes or Defendants are to have costs by the Lawes or Statutes of this Realm there alsoe the Plaintiffs and Defendants shall have the like costs in the Stannarie Courts

III. Tinners may sue Foreigners at the Common Law.

And in regard that the said Charters were granted for the ease and advantage of the Tynners and not for theire disadvantage or oppression and yet diverse of them who for speciall reasons have desired to sue at the Common Law have beene restrained Bee it declared and Enacted That it shall be lawfull to and for the said Tynners if they thinke fit to sue any Forreiners at the Common Law the said Charter or any usage to the contrary notwithstanding

IV. Abuses by Poor Bailiffs in the Stannaries recited.

How Sureties may be sued.

And whereas the Bailiffs of the said Stannary Courts are very numerous and are persons of small or no credit and yet upon their return that any person is become Surety for any other upon Arrest by Proces out of the said Courts such person who sometimes knowes nothing of the matter is by false Returns of the said Bayliffes made lyable to the debt or demand which Bailiffes by reason of theire poverty are often not responsible and so the party without remedie Be it Enacted That no Person or Persons be charged or troubled as surety by any Return of any Bayliffe or Bailiffes of the said Stannaries unlesse that the person or persons returned Surety or Sureties shall in the presence of two witnesses subscribe or signe a Note in writing that such person or persons is or are become Surety or Sureties which Note shall mention the names of the Plaintiffes and Defendants in the Suit and the sum or dammages in demand and the nature of the Action and shall be signed or subscribed by the said Witnesses and returned and filed in the Court out of which such Processe shall issue and no Bailiffe or Bailiffs of the said Stannaries shall be admitted as witnesses to any such Note.

V. Execution sometimes had before Arrest.

No Defendant condemned on Bailiffs Return, unless on a Note subscribed by Party.; No Bail, unless Note given.

And whereas in the said Stannaries it is used that if the Bailiffs return any Person arrested that if such person make default at the day he shall be condemned and Execution is suddenly awarded when as often the party was not arrested. Be it further enacted That no Defendant shall be condemned upon such Return for not appearing unlesse alsoe a Note under the Hand or Signe of the partie arrested and subscribed by two such Witnesses as aforesaid be returned into the said Court at or before the day of Appearance and the said Bailiffe or Bailiffs shall take but foure pence for every such Note as aforesaid and it is provided that none shall be bailed upon arrest there till he give such Note.

VI. Return of Rescous.

And in case any the said Bailiffe or Bailiffs shall return a Rescous against any Person or Persons he or they shall be admitted to Traverse the said Return which Traverse if it be found with him or them so traversing then he or they shall be no further troubled or occasioned by reason of such return.