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A31185 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 severall objections that are usually made against them, humbly proposed. 1650 (1650) Wing C1167; ESTC R34794 7,188 9

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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 businesse For the first it doth appear that it amounted to no more then 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 neer 200 years sleep it was revived in 43. Queen Elizabeths which hath bin publiquely and often acknowledged by the Councell that hertofore 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 immediatly precede this Clause which are these E● quod omnes Stannatores nostri Stann ' illud sic ponderatu●● litite venders possint euicunque voluerint in villis predict faciend inde nobis Ca●●●agi●● alias consuetudines debitas usitat●s nisi nos vel beredes n●stri c. By which they have leave to sell their Tyn to whom they will unlesse 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 it selfe for the priviledge 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 mutuall 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 owne 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 presidents 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 seldome 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 doe therein prout unto Concession●● predictam sieri solebat yet the same year there was another Grant made de ●●●ptions Stagmini● to one Abington the Kings 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 c. and commands the Sher●ffe to make Proclamation throughout the County that all Tynners that had any Tyn to sell after the Coynage and Coynage due payd 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 Kingdome 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 betweene them and the Tynner yet the same yeare 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 complain'd of the same year in Parliament by the Merchants of England for that the Tynne was ingrossed by one man which was wont to be sold to all the Merchants of the Kindome 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 Tynne to all that would buy it without the restraint of the Prince as they had done heretofore at all times From Edw. 3. downe along to Edw. 6. there is not found or urged any one Grant or Lease of the Emption of Tyn th●ugh in the long intervall 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 interven'd yea twice by Henry the seventh in one of whose Charters viz. 27 Hen. 7. this Clause concerning Preemption of Nisi nos c. is wholy declined and omitted though it be wel 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 easinesse 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 halfe peny profit in every pound to others yet this was revoked 1. Q. Mary by the Lords of the Counsell as prejudiciall to the Tynner So it continued free till the latter end of Q. Elizabeths Reigne 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 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 Patients a●d so after long debate with his Councell revoked by Proclamation in the first year of his Reign as therein may at large appeare T is very true that 5. Jacobi there being a glut of Tyn in the Country more then the Kingdome or Forraigne parts could take off the Tynners easily consented to a new Farme of their Tynne for