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WHAT IS CORNWALL?

TGG Posted: 23.09.2005, 16:55

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QuoteIf the UK government wants to convince me that Cornwall is a county of England then they are going to have to address the foreshore case where Cornwall was described as a Duchy and apart from the country of England.

This was case law and should have set the precedent for the treatment of Cornish constitutional affairs but it did not, why?


It will become even more than that, Fulub, when the proposed book on Cornish Law is published - latest info suggests 2006. However, as with all things, it will need some real dedication to pick it up and run with it.

Given the 'obviously' stalling tactics of the English Imperial State and its agencies, fifth-column and quislings - and, sadly, a generally tutored ignorance about our Cornish Duchy by the EIS - it may well provide an impetus to more legally direct action but will not provide the funds necessary to take the Imperialist mentality to an International court.

If, indeed, our view of Cornwall is so wrong (sic), why has the establishment not come out - years ago - and substantively repudiated the Cornish arguments, rather than just dismissively ignoring the fact that we even exist. ? Because.... as over the centuries, we are not considered to be a threat to the inertia of English Imperialism.
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nxylas Posted: 23.09.2005, 22:08



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This paper from the Institute of Cornish Studies on the "What is Cornwall?" question may be of interest, assuming you haven't all read it already:-

http://www.inst...boundary.pdf
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xxxxxx Posted: 24.09.2005, 00:07



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Jesus, they want to run Cornwall, but don't even know what it is? icon_biggrin icon_biggrin icon_biggrin
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Stonefly Posted: 24.09.2005, 12:22

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It's f*** all to do with you whoever wants to run Cornwall, Stroppy.
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porthia1947 Posted: 24.09.2005, 20:50



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stroppy reminds me of a 12 year old jumping for joy when he thinks he's got one over on the other boys. What was the saying? Oh yes..... stroppy you're not funny and you're not clever!!
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xxxxxx Posted: 25.09.2005, 04:50



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Ok, I can live with that. And as ever a return to personal attacks, boy you lot are so touchy.

But the lack of humour in the MK crowd isn't a vote winner as far as I can see. icon_biggrin
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Stonefly Posted: 25.09.2005, 10:16

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"Touchy" - coming from the man who called me a 'dolt' for taking the p*ss out of his poor spelling, which to me suggests both a lack of humour and a tendency towards personal attacks. Still, he's unintentionally funny.
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Crikey_Cooperative_Music Posted: 25.09.2005, 18:33



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Oye, oye saveloy...fair go mate, give a sport half a chance...

Being as I'm a right mongrel (brought up in Ireland lived 'alf me life in Cornwall and
ended up here in Vienna) you'd be of the proud Cornish fraternity not to give me a
look-in, but hey, even every dog has his day icon_smile

I loved Cornwall and the real Cornish friends I made there. I reckon the whole project
of figuring out a proud identity and giving the proper Cornish folks there their hearts-
desire...a place in their own history is rightful!

Viva Cornwall and all who sail in her, that's what I say.

Laters lads,
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Crikey_Cooperative_Music Posted: 25.09.2005, 18:41



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Yup, just as a complete distraction from the true topic (which seems to have run out of a bit of Trevithick steam) My mates over here are convinced that 'twas the Southern Austrian Celts who invented and were first to wear kilts over 2000 year ago. Suppose it was likely a Celtic utilitarian fashion garment all those years ago...

We can get back to the proper subject matter after that momentary interlude,

Slainte,
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xxxxxx Posted: 28.09.2005, 09:29



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Quote
"Touchy" - coming from the man who called me a 'dolt' for taking the p*ss out of his poor spelling,
On debate forums, to attack someone's spelling, without adding a jot to the debate, is the lowest form of post. Dolt! :P

Quotewhich to me suggests both a lack of humour and a tendency towards personal attacks.
Hey, don't throw mud and expect not to get some thrown back at you...

QuoteStill, he's unintentionally funny.
How do you know it's unintentional? icon_biggrin
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Crikey_Cooperative_Music Posted: 28.09.2005, 10:30



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DRIIINNNNKK :!:
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Fulub-le-Breton Posted: 28.09.2005, 16:21

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Just to get back on track:

1) This definition of county in the Complete Oxford English Dictionary. 2nd Ed 1989 p. 1044.

Whence county was gradually adopted in English ( scarcely before the 15th century ) as an alternative name for the shire, and in due course applied to similar divisions made in Wales and in Ireland, as well as the shires of Scotland, and also extended to those separate parts of the realm which never were shires, as The Duchy of Cornwall, Orkney and Shetland. Part definition of the term County.

This would seem to indicate that Cornwall was a Duchy, a county but not part of England.

2) The Duchy charters which are still law turned all of Cornwall into a Duchy.

3) Taken from Cornwall County Councils website:

In the 19th century the legal arguments of Sir George Harrison, Attorney General to the Duchy of Cornwall, defeat the Crown's aspirations of sovereignty of the Cornish foreshore. The Duchy that Cornwall argues the Duke has sovereignty of Cornwall and not the Crown. During the same case, Parliament defines the Cornish as "aborigines".

On behalf of the Duchy in its successful action against the Crown, which resulted in the Cornwall Submarine Mines Act of 1858, Sir George Harrison (Attorney General for Cornwall) makes this submission.
That Cornwall, like Wales, was at the time of the Conquest, and was subsequently treated in many respects as distinct from England.
That it was held by the Earls of Cornwall with the rights and prerogative of a County Palatine, as far as regarded the Seignory or territorial dominion.

That the Dukes of Cornwall have from the creation of the Duchy enjoyed the rights and prerogatives of a County Palatine, as far as regarded seignory or territorial dominion, and that to a great extent by Earls.
That when the Earldom was augmented into a Duchy, the circumstances attending to it's creation, as well as the language of the Duchy Charter, not only support and confirm natural presumption, that the new and higher title was to be accompanied with at least as great dignity, power, and prerogative as the Earls enjoyed, but also afforded evidence that the Duchy was to be invested with still more extensive rights and privileges.
The Duchy Charters have always been construed and treated, not merely by the Courts of Judicature, but also by the Legislature of the Country, as having vested in the Dukes of Cornwall the whole territorial interest and dominion of the Crown in and over the entire County of Cornwall.
This legal case again would suggest that Cornwall (the county) is a Duchy.

4) Taken from Cornwall County Councils website:

In 1969-71 Kilbrandon Report into the British constitution recommends that, when referring to Cornwall - official sources should cite the Duchy not the County. This was suggested in recognition of its constitutional position.

I believe the report said a Duchy in England however.

5) Taken from Cornwall County Councils website:

In 1863 the Duchy of Cornwall Management Act confirms that the Duke possesses seignory and territorial rights befitting a king.

6) Taken form Cornwall County Councils website:

In 1889 (1st April) Cornwall County Council is created by the Local Government Act of 1888.

This act however does not do away with the Duchy or state if Cornwall is a county of England.
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Fulub-le-Breton Posted: 12.10.2005, 19:59

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The Office of the Deputy Priminister has responded with the same old same old.

Again they have completely failed to address any of the evidence that contradicts there assumption that Cornwall is just an English county. I will write back to point this out and lodge a formal complaint aimed at their failings, their lack of ability to provide a definitive answer that I, as a citizen of the UK (and a Cornishman), have a right to.

Democracy and Local Government Division
5/F8 Eland House
Bressenden Place
London
SW1E 5DU
Tel: 020 7944 4109
http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/homepage/odpm_home_page.hcsp

You will appreciate that i cannot provide an authoritative interpretation of the law, which is a matter for the courts, but i hope nevertheless that the following informal comments are helpful.

for the purposes of government- both national and local- Cornwall is treated as an administrative and ceremonial county of England. Local people in Cornwall elect MP's to the UK Parliament and pay taxes to the British Exchequer. Equally laws passed for England are deemed to take effect, and are enforced in Cornwall.

the Duchy of Cornwall is an entirely separate issue. Since its creation during the 14th century the Duchy of Cornwall's main purpose has been to provide an independent income for the heir to the throne. It is one of the largest landed estates In Britain, and owns approximately around 54,850 hectares in 20 counties, mainly in the South West of England, but not exclusively in Cornwall. In fact, the majority of the estates lies elsewhere.

I do appreciate that this is not perhaps the definitive answer that you are seeking, but i hope nevertheless that it is helpful in some way.




edited by: Fulub-le-Breton, Apr 15, 2007 - 02:44 PM

The Cornish Democrat
The Breton Connection
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Fulub-le-Breton Posted: 14.10.2005, 14:25

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Democracy and Local Government Division
5/F8 Eland House
Bressenden Place
London
SW1E 5DU
Tel: 020 7944 4109
http://www.odpm.gov.uk

Policy Advisor

Dear Jobs worth

Thank you for your letter dated the 6th of October 2005, your ref: DGL 20/1/3.

Your response and time are much appreciated however all you have done is repeat the same formulaic answer that provides no clarity on the subject of the constitutional status of Cornwall what so ever.

If as you say for national and local purposes Cornwall is treated as a Ceremonial and Administrative county of England and that the Duchy of Cornwall is a separate issue then why:

1) Do the duchy Charters that are still law today talk about the whole of Cornwall being augmented into a Duchy?

2) Was the county of Cornwall successfully described as a Duchy in the Cornish Foreshore Case of 1856?

On behalf of the Duchy in its successful action against the Crown, which resulted in the Cornwall Submarine Mines Act of 1858, Sir George Harrison (Attorney General for Cornwall) makes this submission.
1. That Cornwall, like Wales, was at the time of the Conquest, and was subsequently treated in many respects as distinct from England.
2. That it was held by the Earls of Cornwall with the rights and prerogative of a County Palatine, as far as regarded the Seignory or territorial dominion.
3. That the Dukes of Cornwall have from the creation of the Duchy enjoyed the rights and prerogatives of a County Palatine, as far as regarded seignory or territorial dominion, and that to a great extent by Earls.
4. That when the Earldom was augmented into a Duchy, the circumstances attending to it's creation, as well as the language of the Duchy Charter, not only support and confirm natural presumption, that the new and higher title was to be accompanied with at least as great dignity, power, and prerogative as the Earls enjoyed, but also afforded evidence that the Duchy was to be invested with still more extensive rights and privileges.
5. The Duchy Charters have always been construed and treated, not merely by the Courts of Judicature, but also by the Legislature of the Country, as having vested in the Dukes of Cornwall the whole territorial interest and dominion of the Crown in and over the entire County of Cornwall.


3) Did the Duchy of Cornwall Management Act confirm that the Duke possesses seignory and territorial rights befitting a king in 1863 if the Duchy is just a landed estate?

4) Why did the Kilbrandon Report into the British constitution in 1969-71 recommend that Cornwall (the territory of) should be referred to as a Duchy in light of its constitutional position?

5) Why does the Duke of Cornwall have rights of governance and honours over the whole territory of Cornwall but not Duchy lands outside Cornwall? For instance the right of wreck on all Cornish shores, the right of Bona Vicantia / treasure trove for the county of Cornwall, the right to Swans and Sturgeon caught in Cornwall, the duty to appoint the Sheriff of Cornwall and preside over the Stannary Parliaments.

6) Why does the Duchy have its own exchequer and other arms of governance and indeed why is the duchy described in law as a body of governance if it is just a landed estate?

7) Why did this definition of county in the Complete Oxford English Dictionary (2nd Ed 1989 p. 1044.) describe Cornwall as a Duchy?

Whence county was gradually adopted in English ( scarcely before the 15th century ) as an alternative name for the shire, and in due course applied to similar divisions made in Wales and in Ireland, as well as the shires of Scotland, and also extended to those separate parts of the realm which never were shires, as The Duchy of Cornwall, Orkney and Shetland. Part definition of the term County.

Cornwall County Council, The Duchy of Cornwall and the DCA have not been able to provide an answer that takes into account these facts and now it seems your department is doing the same. You are content to describe Cornwall as an English county even when presented with much evidence to the contrary. You are content to repeat the same response that is clearly an attempt to fob me off as opposed to give a reasonable researched answer.

This is a terrible reflection on a government that would like to be seen at home and abroad as democratic, honest, transparent, just and accessible to its citizens. I am a citizen of the UK (and a Cornishman) and I deserve and demand a comprehensive answer to my question as to the constitutional status of Cornwall that takes into account all the evidence.
Therefore I would like to log a formal complaint against you and your department because of your failure to provide a definitive answer; please can you send me information on your complaints procedure.
I look forward to your reply please do not hesitate to contact me by e-mail if you should need any further information.


Yours sincerely

FLB



edited by: Fulub-le-Breton, Apr 15, 2007 - 02:44 PM

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piskey6 Posted: 14.10.2005, 21:36

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God you boring idiots. It's no wonder Cornwall has fallen into such a state. While the rich have moved in with their SUVs and trendy bars, you've been busy working out whether Cornwall is a county or a nation. It's a geograhpical area dumbheads, with lots of holiday homes and graphic designers making lots of nice brochures about surf marketing. The Cornwall you think you can see has gone. It's been converted into flats. CCC doesn't give a toss about what you write to them. Sorry, but someone has to say it.
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