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Cornish nationalism is a movement which seeks independence or greater autonomy for the area of Cornwall which advocates assert is not a county of England as is generally regarded, but a separate nation which has never been formally incorporated into England.
Advocates of Cornish independence question the legal legitimacy of English rule in Cornwall, although their claims are not generally recognised within the United Kingdom (or sometimes within Cornwall itself). However, many see some degree of autonomy as a stepping stone towards this, and are supportive of the Cornish Assembly Campaign. Internationally, few recognise the claims, but recently there are indications that the European Union may force the UK to recognise the Cornish as a distinct ethnic group.
The Cornish independence movement received unexpected publicity in 2004, when the alternative Christmas message, (featuring The Simpsons) showed Lisa Simpson chanting Rydhsys rag Kernow lemmyn (freedom for Cornwall now) and holding a placard saying "UK OUT OF CORNWALL".
Political parties and groups
The political parties Mebyon Kernow and the Cornish Nationalist Party are key advocates of greater Cornish home rule. Cornish Solidarity are a non-partisan political pressure group that calls for the recognition of the ethnic Cornish as a national minority.
The Celtic League has a Cornish branch and recognises Cornwall as a Celtic Nation along side Ireland, Scotland, the Isle of Man, Wales and Brittany. The league is a political pressure group that campaigns for Independence and Celtic cooperation.
The Cornish Stannary Parliament acts as a pressure group on Cornish constitutional and cultural issues. The websites of the CSP provides an over view of their main points and current campaigns. The CSP has one of its members in the Federal Union of European Nationalities (FUEN).
John Angarrack of 'Cornwall 2000', the Human Rights organisation, has written two books to date, Breaking the Chains and Our Future is History. They detail many of the core issues of the Cornish national movement as well as a reexamination of Cornish history.
Tyr Gwyr Gweryn (Cornish for land, truth, people) was originally a focus group formed out of members of 'Cowethas Flamank', a Cornish affairs group, and participants in Kescusulyans Kernow (Conference on Cornwall) having a special interest in the constitution of Cornwall.
History of Cornish nationalism
Henry Jenner was an important figure in early 20th-century Cornish nationalism. He made the case for Cornwall's membership in the Celtic Congress, pioneered the movement to revive the Cornish language, and founded the Cornish Gorseth.
Traditionally, much support to Cornish nationalism has come from Welsh nationalists, who have often seen the Cornish as their Brythonic Celtic kindred. For example, Mebyon Kernow has a twinning arrangement with the Blaenau Gwent branch of Plaid Cymru.
Some intellectual support for Cornish nationalism has come from the Institute of Cornish Studies, affiliated to the University of Exeter.
In 2000, the Cornish Constitutional Convention launched a campaign for a Cornish Assembly. This was a cross-party movement representing many political voices and positions in Cornwall, from Mebyon Kernow and Cornish Solidarity to the Liberal Democrats and Conservatives. It collected over 50,000 petition signatures.
County or Country?
The Duke of Cornwall is the heir apparent to the British throne, and the current duke is Prince Charles. The Duchy also holds substantial lands in Devon, but does not have exactly the same legal rights there.
Many individuals and groups in Cornwall contest that all of Cornwall is a Duchy, a nation of the UK and that the Duke is the rightful head of state of this nation. As part of their argument they refer to the Ducal rights below as well as the events and legal cases listed in the timeline.
The Duke of Cornwall has many regalian rights over the whole territory of Cornwall not just Duchy estates in Cornwall, these rights do not extend to the Duke's estates outside of Cornwall. The British Monarch holds these rights in the rest of the UK. Some of these Ducal rights are listed below.
- In contrast to every English and Welsh county the High Sheriff of Cornwall is appointed by the Duke of Cornwall not by the Crown. The sheriff in English counties carries the Queen's writ, (her authority) in Cornwall the Sheriff carries the Duke's writ.
- The Duke has the right to the estates of all those who die without heirs (intestate) in the whole of Cornwall, outside of Cornwall such estates go to the Crown. This is known as Bona vacantia and applies to treasurer trove as well.
- The Duke has right of wreck on all ships wrecked on Cornish shores, but in England this is the right of the Crown.
- In April 2001 a sturgeon caught off Cadgwith was offered to the Duke of Cornwall. When landed in other parts of Britain this valuable fish is customarily offered to the monarch.
- Unlike a truly private estate the Duke does not have to pay income tax on Duchy profits including profits from the above rights over the territory of Cornwall. The Duchy is a Crown body (a body of governance) and chooses to pay what are described as voluntary "tax" contributions.
- This is due in large part to the Duchy having its own Exchequer and therefore not being integrated into that of the Crown.
Timeline of relevant events
- 1855-58: 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 of Cornwall argues the Duke has sovereignty of Cornwall and not the Crown.
- 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 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. Thenceforth mineral rights above the Low Water Mark belonged to the Duchy and below it to the Crown.
- 1863: The Duchy of Cornwall Management Act confirms that the Duke possesses seignory and territorial rights befitting a king.
- 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.
- 1974: Reform of Cornish Stannary Parliament.
- 1977: The Stannators right to veto Westminster legislation is confirmed by Parliament. In this year Plaid Cymru MP Dafydd Wigley in Parliament asked the Attorney General for England if he would provide the date upon which enactments of the Charter of Pardon were rescinded. The Parliamentary reply, received on 14th May 1977, stated that a Stannator's right to veto Westminster legislation had never been withdrawn.
- 1997: Andrew George MP attempts to raise a Duchy related question, he is prevented by an injunction that disallows MP's raising any questions in Parliament that are in any way related to the Duchy. At the time he is told it is a "restricted action", to raise such a Duchy related question might "cast reflections on the sovereign or the royal family" and that there is a "similar injunction on speeches".
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