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Start ::  Cornwall24 Discussion ::  Cornwall24 Discussion Board ::  Crofty & the Stannary Parliament
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Crofty & the Stannary Parliament
CK Posted: 21.10.2006, 10:59



registered: Apr. 2006
Posts: 374

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last visit: 29.08.08 		Quite often on this site there is mentions of the Stannary parliament, I'm not sure on the history of this body, but is there any legislation that effectively wound it up and if there was, why was it not vetoed by the stannary parliament?

From my understanding (From Allen Buckley's Book, the story of mining in cornwall (shame it has a picture of Judas on the front cover), the Stannary Parliament was set up by Royal Charter in 1508, its principle duty was to protect the interest of the tinners. Its powers paralleled those of the westminster parliament, and on matters affecting the tin industry it could veto an act of parliament if it affected the tin industry.

Yesterdays announcement sure as hell affects the tin industry, so once Prescott signs the CPO, could this not be Vetoed by the Stannary Parliament?
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Hunlef Posted: 21.10.2006, 19:12

Hunlef

registered: Jul. 2006
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last visit: 27.11.08 		Buckley is neither an historian nor a recognised authority on the Cornish Stannary Parliament and his sources are remarkably thin on the ground.

The Stannary Parliament is a customary body, time out of the memory of man - so said in a Charter that re-affirmed Stannary customs in the twelfth century. In 1337, the "Stannaries" were claimed (stolen) by the Duchy - this claim referred to the Stannaries in their entirety.

The Duchy Charters of Creation, 1337/8, were elevated to Acts of Parliament by Lord Coke in the Prince's Case of 1606.

In recent times, in 1978, the said Charters, in the same form and wording as they were originally drafted, were elevated to the status of constitutional law 10.

I don't know how many more times I have to repeat the next point!!!

It is not possible for one sovereign parliament to revoke another sovereign parliament. Neither is it possible for one parliament to legislate for another. The only way the CSP can be revoked is if the CSP decides to do it itself. Westminster cannot legally do such an act. Instead, Westminster has stuck its collective head in a bucket and pretends it doesn't exist.

The basis in law for the current CSP is still intact. However, successive Dukes of Cornwall and the state have refused to recognise it. This is why Stannary Law, which is recognised, remains just as it was at the last official convocation in 1752.

The 1508 Charter of Pardon merely re-affirmed the pre-existing Stannary customs (including the parliament) and included an extra provision that before an Act of Westminster could be legally enacted in Kernow, it required the full assent of the Stannary Parliament. This is, effectively a veto.

If the CSP vetos Prescott's order, how the hell is the CSP going to enforce its decision? So, such an exercise would only be symbolic and highly unlikely to produce the desired effect. However, my friends in the Stannary might well have other ideas.
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Fulub-le-Breton Posted: 22.10.2006, 10:36

Fulub-le-Breton

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The 1508 Charter of Pardon merely re-affirmed the pre-existing Stannary customs (including the parliament) and included an extra provision that before an Act of Westminster could be legally enacted in Kernow, it required the full assent of the Stannary Parliament. This is, effectively a veto.


The Devonshire celtic crew have pointed out that the charter of pardon was never ratifed by parliament.
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Hunlef Posted: 22.10.2006, 10:53

Hunlef

registered: Jul. 2006
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last visit: 27.11.08 		Another convenient cop-out, Fulub.

It matters not a jot! The Duchy of Cornwall Charters of Creation 1337/8 were made equivalent to Act of Parliament in 1606 by Lord Coke, in the original wording. This was less than 100 years after the award of the Charter of Pardon in 1508. Lord Coke, the foremost legal brain of the time, would clearly have been aware of the Charter because it was a royal pardon. The Duchy Chaters claim, amongst other things, "The Stannaries", i.e. all of them, including royal pardons. Royal pardons cannot be removed.

The Devonshire lot are just jealous because they did not get a Charter of Pardon and their parliament was booted into touch in 1512 by the Supremacy of Parliament Act.

Presumably, if the intent was to apply this Act to Cornwall, Cornwall's Stannary Parliament, as it was only four years after the 1508 pardon was granted, would have vetoed it!
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