Станновое право Корнуолла и Девона: История и современность

Tin mining law in Cornwall and Devon, England

Stannary law (derived from the stannum for tin) is the body of English law that governs tin mining in Cornwall and Devon; although no longer of much practical relevance, the stannary law remains part of the law of the United Kingdom 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, the judicial Courts of the Vice Warden of the Stannaries, and the executive Lord Warden of the Stannaries. 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. Special laws for tin miners pre date written legal codes in Britain, 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.

Edward I's 1305 Stannary Charter established Tavistock, Ashburton and Chagford as Devon's stannaries, with a monopoly on all tin mining in Devon, a right to representation in the Stannary Parliament and a right to the jurisdiction of the stannary courts. Plympton 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. 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.

The Devon stannary courts met in Lydford and operated a prison there, while the Cornish stannary courts met primarily in Truro. The Devon and Cornwall stannary courts were merged into a single Stannaries Court 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 were discussed in Strode's Case (1512).

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, 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 and demands for greater local autonomy, along with arguments about the constitutional status of Cornwall.