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The Survey of Cornwall. Richard Carew
Читать онлайн.Название The Survey of Cornwall
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isbn 4057664617187
Автор произведения Richard Carew
Жанр Документальная литература
Издательство Bookwire
But whether it proceedeth from this hard dealing, or for that the Tynners whole familie giue themselues [17] to a lazie kind of life, and depend only upon his labour and gaynes; which often ill succeeding adventurers, & such ouer-deare bought Tynne daylie impaire, or from both these together; once it hath beene duly obserued, that the parrishes where Tynne is wrought, rest in a meaner plight of wealth, then those which want this dammageable commoditie: and that as by abandoning this trade, they amend, so by reuiuing the same, they decay againe; whereas husbandrie yeeldeth that certayne gaine in a mediocritie, which Tynneworkes rather promise, then performe in a larger measure.
Let vs now examine what course of Iustice is held for deciding such controuersies as befall in Tinne causes, and with what priuileges they are endowed and encouraged.
After such time as the Iewes by their extreame dealing had worne themselues, first out of the loue of the English inhabitants, and afterwards out of the land it selfe, and so left the mines vnwrought, it hapned, that certaine Gentlemen, being Lords of seuen tithings in Blackmoore, whose grounds were best stored with this Minerall, grewe desirous to renew this benefit: and so vpon suit made to Edmond, Earle of Cornwal, sonne to Richard, king of the Romans, they obtayned from him a Charter, with sundrie Priuileges: amongst which, it was graunted them to keepe a Court, and hold plea of all actions, life, lymme, and land excepted: in consideration whereof, the sayd Lords accorded to pay the Earle a halfpeny for euery pound of Tynne which should be wrought; and that for better answering this taxe, the sayd Tynne should bee brought to certayne places purposely appointed, and there peized, coyned, and kept, vntill the Earles due were satisfied. Againe, the Lords of these Tithings, were, for their parts, authorised to manage all Stannerie causes, and, for that intent, to hold parliaments at their discretion, and in regard of their labour, there was allotted vnto them the toll-Tynne within those Tithings, which their successours doe yet enioy. This Charter was to be kept in one of the Church steeples, within those Tithings, and, the Seale had a Pick-axe and Shouell in saultier grauen therein. This I receiued by report of the late master William Carnsew, a Gentleman of good qualitie, discretion, and learning, and well experienced in these mynerall causes, who auouched himselfe an eye-witnesse of that Charter, though now it bee not extant. Howbeit, I have learned, that in former time, the Tynners obtained a Charter from king Iohn, and afterwards another from king Edward the first, which were againe expounded, confirmed and inlarged by Parliament, in the fiftieth yeere of Edward the third, and lastly strengthened by Henrie the seuenth.
King Edward the firsts Charter, granteth them liberty of selling their Tynne, to their best behoofe. Nisi (saith he) nos ipsi emere voluerimus. Vpon which ground certaine persons in the Reignes of K. Edward 6. & Queene Marie, sought to make vse of this preemption, (as I have beene enformed) but either crossed in the prosecution, or defeated in their expectation, gaue it ouer againe; which vaine successe could not yet discourage some others of later times from the like attempt, alleadging many reasons how it might proue beneficiall both to her Highnesse and the Countrie, and preiudiciall to none saue onely the Marchants, who practised a farre [18] worse kind of preemption, as hath beene before expressed. This for a while was hotely onsetted and a reasonable price offered, but (upon what ground I know not) soone cooled againe. Yet afterwards it receiued a second life, and at Michaelmas terme 1599. the Cornishmen, then in London, were called before some of the principal Lords of her Maiesties Council, and the matter there debated, by the Lord Warden, in behalfe of the Countrie, and certaine others deputed for the Marchants, who had set this suite on foote. In the end it grew to a conclusion, and Articles were drawne and signed, but they also proued of void effect.
Last of all, the said Lord Warden, in the beginning of Nouember 1600. called an assembly of Tynners at Lostwithiel, the place accustomed, impanelled a Iurie of twentie foure Tynners, signified her Maiesties pleasure both for a new imposition of six pound on euerie thousand, that should bee transported (ouer and aboue the former fortie shillings, and sixteene shillings alreadie payable) as also that her Highnesse would disburse foure thousand pound in lone to the Tynners, for a yeres space, and bee repayed in Tynne at a certaine rate.
By the foreremembred ancient Charters, there is assigned a warden of the Stanneries, who supplieth the place, both of a Iudge for Law, and of a Chancellour for conscience, and so taketh hearing of causes, either in Forma iuris, or de iure & aequo. Hee substituteth some Gentleman in the Shire of good calling and discretion, to be his Vice-Warden, from whom either partie, complainant or defendant, may appeale to him, as from him (a case of rare experience) to the Lords of the Councill, and from their Honours to her Maiesties person: other appeale or remoouing to the common law they gaynsay.
The Gayle for Stannery causes is kept at Lostwithiel, and that office is annexed to the Comptrolership.
The Tynners of the whole shire are diuided into foure quarters, two called Moores, of the places where the Tynne is wrought, viz. Foy moore, and Blacke moore: the other, Tiwarnaill and Penwith. To each of these is assigned by the L. Warden, a Steward, who keepeth his Court once in euery three weekes. They are termed Stannery Courts of the Latine word Stannum, in English Tynne, and hold plea of whatsoeuer action of debt or trespasse, whereto any one dealing with blacke or white Tynne, either as plaintife or defendant, is a party. Their maner of triall consisteth in the verdict giuen by a Iurie of sixe Tynners, according to which the Steward pronounceth iudgement. He that will spare credit to the common report, shall conceiue an ill opinion touching the slippings of both witnesses and iurours sometimes in these Courts: For it is sayd, that the witnesses haue not sticked now and then to fatten their euidence, rather for seruing a turne, then for manifesting a truth, and that the Iurours verdict hath fauoured more of affection then of reason, especially, in controuersies growne betweene strangers and some of the same parts. And such fault-finders vouch diuers causes of this partialitie: One, that when they are sworne, they vse to adde this word, my conscience, as the Romans did their Ex animi mei sententia, which is suspected to imply a conceyted enlargement of their othe: Another, that the varietie of customes, which in euery place (welneere) differ one from another, yeeldeth them in a maner an vnlimited [19] scope, to auerre what they list, and so to close the best Lawyers mouth with this one speech, Our custome Is contrary. And lastly, that they presume upon a kind of impunity, because these sixe mens iuries fall not within compasse of the Star-chambers censure, and yet the L. Wardens haue now & then made the pillory punishment of some, a spectacle, example, and warning to the residue. For mine owne part, I can in these Tynne cases, plead but a hearesay experience, and therefore will onely inferre, that as there is no smoke without a fire, so commonly the smoke is far greater then the fire. Strange it were, and not to be expected, that all poore Tynne Iurours and witnesies, should in such a remote corner alwayes conforme themselues to the precise rule of vprightnesse, when we see in the open light of our public assises, so many more iudicious and substantiall persons now and then to swarue from the same.
In matters of important consequence, appertayning to the whole Stannery, the L. Warden, or his Vnderwarden, vseth to impannell a Iury of foure and twenty principall Tynners, which consist of sixe out of euery quarter, returnable by the Maiors of the foure Stannery townes, and whose acts doe bind the residue.
Next to the liuelesse things, follow those which pertake a growing life, and then a feeling.
The women and children in the West part of Cornwall, doe vse to make Mats of a small and fine kinde of bents there growing, which for their warme and well wearing, are carried by sea to London and other parts of the Realme, and serue to couer floores and wals. These bents grow in sandy fields, and are knit from ouer the head in narrow bredths after a strange fashion,
Of herbes and rootes for the pot and medicine, Cornishmen enioy a like portion in proportion with other Shires, which somewhere also receiueth an increase by the sowing and planting of such as are brought thither from beyond the seas.