Draft rewrite of Constitutional status of Cornwall
editIntroduction
editSince 1889, following the "County Councils Act (1888)", the generally recognised constitution of Cornwall has been that of an English administrative county. This, however, also seemed to coincide with, or possibly resulted in, what has became known as the Cornish Renaissance. This increasingly manifested itself throughout the twentieth century as the intellectual assertion of the non-English attributes of the Cornish territorial identity. This may, itself, also be considered as a further continuation of earlier, but unresolved, antiquarian activities.[1] Initially cultural in nature, this expression of discontent was complemented by a political voice in 1951.[2]
The modern promotion of Cornwall, as an 'English' county has overshadowed the existence of Cornwall as a Royal Duchy. Created in 1337 and held by Dukes of Cornwall who were also the heirs to the throne of the United Kingdom or, prior to the Act of Union of 1707, England. In fact, the current Duke of Cornwall felt able to state [3], "The Duchy is above all else a landed estate and will continue to be so"
From a Cornish perspective the concepts of Cornwall as an 'English' county and the promotion of the Cornish Duchy as a 'landed estate' were incompatible with how the Cornish people have perceived themselves, and how they were perceived by others, throughout history. This matter of geat dispute clearly represents two distinct, but disjointed, timelines. The one retrospectively promoted from a modern day concept of an 'English' county, the other a projection from the historic past within which the creation of the Duchy of Cornwall[4] was particularly significant.
The relevance in bringing these conflicting aspects of the constitutional status of Cornwall into public focus is because the current ambiguity has a particularly significant consequence for not only how Cornish territory is perceived and treated by others, but also and (perhaps more insidiously), for the way it continues to misrepresent the Cornish people.
Methodology
editThis article will look at the arguments for each of these timelines and will be further developed over time to encompass the various points of constitutional dispute. To avoid focussing on any particular ideological or political preferences of protagonists, this article will simply make reference to an argument as being of 'the English timeline argument' (TETA) or 'the Cornish timeline argument'(TCTA). The principal arguments may be summarised as follows:
TETA - That since the time of subjugation by England, alternatively given as A.D. 838 or A.D. 936, Cornwall has been an integral part of England and governed, accordingly, as an English county. That the Duchy of Cornwall, apart from its name, has nothing to do with the county of Cornwall.
TCTA - That Cornwall, from the time of its subjugation by England, has been treated as being distinct from England and the Crown. That the augmentation of the Earldom/County of Cornwall to a Royal Duchy was a territorial possession (not the estates, which were annexed and united to it) that recognised this and even reinforced its constitutional distinction.
NB. The presentation will initially be classified under various principal constitutional headings, for example, shire, county, kingdom etc. and any argument along either of the timelines will be considered appropriate to a specific heading. An alternative would be to base the headings between specific milestones. Since this is a draft, the former method will be tested first
Many types of County
editCounty
editThe territorial use of the term 'county' comes in many guises and it seems appropriate first, to consider these below so that the term may be better understood within the context of this article and, consequently, that it may provide some clarity to what is said, what is meant and what may be construed as being correct. Since the last reform constitutional rearrangement of local government in 1974
Palatinate
editEarldom
editThis was the territory presided over by an Earl, or Count as introduced by the Normans. This was given in Norman-French as 'Comté' and in Latin as 'Comitatus'. NB. Edit text on Earl article re 6 new Earls
Shire
editWithin legal documents and charters this was given in latin as 'vicecomitatus'. 'Shire' is a term which means, simply, the divisions of a kingdom for the purpose of civil administration/government and represents the territory under the jurisdiction of the Sheriff. When the modern term 'county' is used to denote Cornwall, it is invariably used by TETA advocates within the context of what were once termed shires. TCTA advocates, however, maintain that Cornwall has never been an English shire. Use of the word 'County' did not come into general use until circa 1500 [5]
Many types of Country
editKingdom
editProvince
editRoyal Duchy
editExternal Observers/Commentators
editExternal Links
editReferences
edit- ^ With regard to the study of the Cornish language, for example, the existence of known individual Cornish speakers were merely recorded but no attempt made to speak directly to the individuals in order to complete a record of spoken Cornish. q.v. Ch. 5. "The Cornish Language and its Literature" Berresford Ellis 1974 - ISBN 0 7100 7928 1
- ^ The creation of Mebyon Kernow (Sons of Cornwall) as a political pressure group.
- ^ See the Foreword to "The Duchy of Cornwall" (1987) ISBN 0 7153 8891 6
- ^ See the Crown v Duchy of Cornwall arbitration, 1855-1857, over ownership of the Cornish Foreshore.
- ^ "...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. Complete Oxford English Dictionary. 2nd Ed 1989 p. 1044.