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WHAT IS CORNWALL?

Fulub-le-Breton Posted: 07.06.2008, 11:12

Fulub-le-Breton

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House of Commons Information Office: http://www.parl...ation Office

QuoteDear Fulup le Breton

You asked a number of detailed historical questions relating to the Duchy of Cornwall and the legislation behind its current constitutional status.

To the extent that any relevant information is held by the House (which is uncertain) these questions call for a level of research and speculation that go beyond any obligation imposed by the FOI Act. However, I hope that the following will assist you in your endeavours.

Question 4 probably provides the answer to 1 and 2 but the issue would be in identifying the relevant legislation. Most changes to the way in which things were done within the government of the day would be under the auspices of the Privy Council and thus more likely to be a Order in Council rather than an Act of Parliament. The timing of things may influence that but very probably this would be more of a Privy Council operation (which are still used to re-arrange the roles and responsibilities of government departments).

Questions of why (number 3) are definitely under the auspices of historians interpretations of events.

I think that the questions are one of constitution and thus should be put to the Department for Constitutional Affairs. If there are indeed pieces of legislation that still exist then they may be held within the Parliamentary Archives and you could source them directly from the archives.

One of my colleagues from the House of Commons Library indicated the likely historical sequence of events:

In Cornwall A History, Philip Payton[1], traced the developing relationship between Cornwall and England . In a chapter entitled “ Anglia et Cornubia”, he wrote that:

[The Duchy of Cornwall] formalised the relationship between Anglia et Cornubia, both effecting and accommodating Cornwall ’s constitutional position within the state. The Duchy grew out of the earlier earldom of Cornwall , which itself was a singular institution and appears to have been created as an accommodating successor to the earlier line of Cornish chieftain kings.[2]

In later chapters, he again referred to “accommodation” of Cornish feelings, following rebellions in 1497 and 1549. He cited the Charter of Pardon of 1508 restoring and enhancing both the privileges of tinners and the authority of the Stannary Parliament. Although this demonstrated the limits of Tudor authority it also reflected the importance of the Duchy of Cornwall as a “governmental device for wooing and rewarding the Cornish gentry”. He also said that the dissolution of religious houses assisted in this accommodation of the gentry, which was demonstrated in the granting of numerous borough charters and the 44 Members of Parliament representing Cornwall .[3]

The Civil War also had an effect on the Anglicisation of Cornwall. Payton recorded that “the victory of Parliament in the Civil War swept away the Duchy and its administrations”.[4] The Duchy and Stannaries were restored on the Restoration, and Cornwall again started to send 44 MPs to Westminster but “the restored institutions of accommodation did not fully recover their semblance of semi-autonomy”.[5]

-------------------------------------------------

[1] Professor Philip Payton is Director of the Institute of Cornish Studies at the University of Exeter in Cornwall

[2] Philip Payton, Cornwall A History, Cornwall Editions Limited, 2004, p76

[3] Ibid, p131

[4] Ibid, p154

[5] Ibid, p149



The relevant information may lie within documents around the time of Cromwell and the Protectorate. I have searched on our database of Parliamentary debates (contents back to 1979). There have been a number of debates in the House regarding Cornwall but none that seem to touch upon the issues of its constitutional status. You may wish to access hard copy Hansards in a good reference library where you will be able to examine the indexes for reference to Cornwall.

You might also try approaching the office of the Duchy for information and assistance with your research.

Regards

House of Commons Information Office


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Fulub-le-Breton Posted: 06.07.2008, 18:07

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I have been aware of the Cornish national question in one way or another since childhood. Songs in the pub, overheard comments amongst adults, the flickering flame of our language, graffiti that called for a “Free Kernow” and much more, all of this has fashioned my opinions of today.

The Cornish constitutional question however is a different kettle of slippery fish that I first became aware of back in 2001. Of course I knew there was a ‘Duchy of Cornwall’ but that was as far as it went. The TGG website followed by the works of the Stannary Parliament completed by the book -Our Future Is History- were a real discovery and pushed me in to action.

With the information I had at hand I decided to set about asking the questions that these peoples' findings posed. I wanted answers but also I wanted to demonstrate what one person, inside or outside the Duchy, could do with access to the internet and a keyboard.

Almost the integrality of my letters and responses can be found here and here and here.

I’ve come to a dead end is the sad truth, even the use of the Freedom of Information act has provided little. I have been referred from one government department to another and back again for years now. The two ‘black hole’ like options left open to me are pointless searches through the parliamentary or national archive at great expense (and as we all know with absolutely no chance of finding anything) or asking the Duchy who refuse to respond.

I have no more ideas and I’m open to all suggestions.

Hopefully the new website from John Angarrack -The Duchy of Cornwall Human Rights Association- will stir things up.

My own opinion on the constitutional question is that there is a “let sleeping dogs lie” mode of operation. Most civil servants have absolutely no clue when it comes to the Duchy and only know of Cornwall in terms of an English county. A few more perhaps know that the Duchy of Cornwall is a special beast that seems to exist outside the law. Finally a very small number are aware of the fact that the Duchy is above the law and has a valid legal claim over the territory of Cornwall. It is from this small minority that resonate the lullabies to keep the Cornish dog snoring and ensure difficult questions get snuffed out and inconvenient facts forgotten. Perhaps between the Duchy (Monarchy) on one side and the Westminster government/parliament on the other we have a constitutional game of chicken, the Duchy with its legal claim facing parliament with its political dominance. The sad fact of course is the collateral damage this struggle between royalty and parliament has had on the Cornish identity.

When did all this start and what has really happened? Surely these are questions that our Institute of Cornish Studies needs to answer.

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moonshine Posted: 06.07.2008, 18:20

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Good opinions.

Quote
I have no more ideas and I’m open to all suggestions.


20,000 Cornish outside Highgrove House for a week long Pasty Fest?

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Fulub-le-Breton Posted: 06.07.2008, 18:25

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Kerrow Posted: 06.07.2008, 19:28



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QuoteWhen did all this start and what has really happened? Surely these are questions that our Institute of Cornish Studies needs to answer.


I understand there is a very serious academic proposal on the table at the moment for the Institute of Cornish Studies to consider. They are counteracting this with the suggestion that they would prefer to look into people's PERCEPTIONS of the Cornish constitutional situation.
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Mike Posted: 06.07.2008, 20:00

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Sounds a bit of a red herring on behalf of the ICS. Most have had enough of perceptions as they abound and it's the black or white, right or wrong or the yeah or neah of constitutional matters that's important.
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moonshine Posted: 06.07.2008, 21:37

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You'd think by now that someone at the ICS would have had that Eureka! moment, jumping out from under a dusty Piran flag mumbling "bloody hell, we're not actually part of England".

You can forgive them for it in years gone by but now its all over the internet and they still haven't clocked on.
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moonshine Posted: 06.07.2008, 21:42

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Quotepeople's PERCEPTIONS of the Cornish constitutional situation.


Is this a run up to the actual truth?
Like a warm up session?
Is there going to be prizes for those who perceive it correctly?
Do you loose points if your perceptions include the words Duke of Cornwall?
Or Charters?

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