Cornwall (territorial duchy)
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Cornwall as a territorial Duchy has its roots in 1068 when the Earldom of Cornwall (Comitatus Cornubiæ) was formed and existed until 1336 to maintain a form of independence for Kernow from Wessex (England). The sovereignty of the Earl was founded on, and replaced that of, the British Cornish princes, the representatives of the Cornish people themselves. In 1337, the Earldom of Cornwall was made into a Duchy, the Duke obtaining greater rights over Cornwall than the Earls had previously exercised.
The English translation of the Great Charter of the 17 March 1337 (subsequently called the charter of creation), as deployed in Rowe v Brenton (Manning edition 1830) states that the King's son is “Duke of Cornwall and heir to the Kingdom of England”.
A revised Government translation states that the Kings son is “Duke of Cornwall in the Kingdom of England” (Halsbury's Laws, 1973).
The Charter Roll of 16 March 1337 announcing the Great Charter said that inspiration was drawn from the time when Cornwall was recognised as being a separate kingdom, and that the intention was to “restore Cornwall’s original ancient honours”.
Today the Duchy is presented as nothing more than a collection of estates. The Duke of Cornwall himself, for example, states, "The Duchy is above all else a landed estate". [1][2]
Halsbury's Laws refer only to the 17 March 1337 Great Charter. Two subsequent Charters of 18 March 1337 and 3 January 1338 confirming that Cornwall was for all time to be subject to its own law-making regime, and not subject to England’s Summons of Exchequer are not referenced.
The rules of Parliament do not permit debate or discussion of the Duchy of Cornwall in Parliament without the prior consent of the Prince of Wales.[3][4]
Cornwall's legal right to its own Parliament was confirmed and strengthened by the Charter of Pardon 1508, granted by Henry VII, which added to its rights that of veto over acts, statutes, laws, etc. passed by the Westminster government. These rights were granted in perpetuity and cannot be lawfully rescinded.
Today many ethnic Cornish claim that Cornwall has a de jure status apart as a sovereign duchy extraterritorial to England.
The Kilbrandon Report (1969–71) into the British constitution recommended that, when referring to Cornwall official sources should cite the Duchy not the County, in recognition of its constitutional position. In addition some government bodies such as the Treasury Solicitors agency for Bona Vicantia Division consider the Duchy of Cornwall to comprise the County of Cornwall[5].
In 1977, the Plaid Cymru MP Dafydd Wigley in Parliament asked the Attorney General for England and Wales if he would provide the date upon which enactments of the Charter of Pardon of 1508 were rescinded. The reply, received on 14 May 1977, stated that the Stannators' right to veto Westminster legislation had never been formally withdrawn.[6]
Even today, the Duchy charters, which turned all of Cornwall into a Duchy are still law and it is still common for many Cornish to refer to Cornwall as a Duchy.
[edit] See also
- Constitutional status of Cornwall
- Revived Cornish Stannary Parliament
- Cornish people
- Duchy of Cornwall
- Kingdom of Cornwall
- Legendary Dukes of Cornwall
- Gorseth Kernow
- Saint Piran's Flag
- Celtic nations
- List of topics related to Cornwall
[edit] External links
- Duchy of Cornwall history
- Cornish Stannary Parliament
- The Cornish Stannary Parliament
- TGG Kernow
- Timeline of Cornish History
- Cornish Assembly
- House of Commons Feb 2000 - questions 328 and 329
[edit] References
- ^ See Foreword to 650th anniversary publication The Duchy of Cornwall (1987) ISBN 978-0-7153-8891-4
- ^ See also The Official website of the Duchy
- ^ Letter from the House of Commons Library to Andrew George MP, dated 16 July 1997
- ^ Guide to Legislative Procedures Cabinet Office, October 2004
- ^ Bona Vacantia - See Jurisdiction
- ^ 1977 the Stannator's right to veto Westminster legislation is confirmed by Parliament, Cornwall County Council
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