Call the Duke of Cornwall as a witness - Part 1 of 3

   
The Home Office has decided that Cornish Celtic ethnicity and status as an indigenous national minority of Britain should be decided by the Courts before being eligible for British government recognition and attendant funding for their cultural heritage under the provisions of the Framework Convention for the Protection of National Minorities on a proportionately equal basis with funding currently available for the cultural heritage of the English national majority.

A genuine Court case to decide the Cornish question would be based on the provisions of the unrepealed and unamended Charters of creation of the Duchy of Cornwall of 1337/8 for which, it would be necessary to call upon the Duke of Cornwall to appear as a witness to confirm the accuracy of the facts relevant to the identity and rights of the Cornish which are presented below.







The Home Office has decided that Cornish Celtic ethnicity and status as an indigenous national minority of Britain should be decided by the Courts before being eligible for British government recognition and attendant funding for their cultural heritage under the provisions of the Framework Convention for the Protection of National Minorities on a proportionately equal basis with funding currently available for the cultural heritage of the English national majority.

A genuine Court case to decide the Cornish question would be based on the provisions of the unrepealed and unamended Charters of creation of the Duchy of Cornwall of 1337/8 for which, it would be necessary to call upon the Duke of Cornwall to appear as a witness to confirm the accuracy of the facts relevant to the identity and rights of the Cornish which are presented below.

The preservation of common law and cultural rights


The case would involve the exposure of bias in English law an assertion which is all too often rejected out of hand without investigation by those who professionally fail to distinguish between the law, national symbolism, politics and academic integrity.

"The courts will not assume without the clearest language that Parliament intended to destroy common law rights of the Crown's subjects by placing them at the mercy of an irresponsible tribunal or irresponsible department of state". (Rendall v. Blair [1890] 45 Ch.D. 139 at 155).

"All the Kingdom ought to take notice"


The first of the unrepealed and unamended Charters of creation of the Duchy of Cornwall of 17th March 1337, granted by Edward III to his eldest son, the heir to the throne and which, by judicial determination, was deemed "equivalent to an Act of Parliament" (The Prince's Case 1606, 8 Co.Rep 13b).

"All the Kingdom ought to take notice. Acts concerning the Prince of Wales (Duke of Cornwall) are public Acts to be judicially noticed". (The Prince's Case 1606, 8 Co.Rep.28b). (Confirmed by Lord Chief Justice Tenderden, Rowe v. Brenton, Concanen Edition 1830, page 110).

The Duchy Charter of 1337 was published in 1st February 1978 by Her Majesty's Stationery Office as Statutes in Force, Constitutional Law 10.

Whereas, the provisions for the Dukes of Cornwall are faithfully retained and augmented, the provisions for the Cornish in the Duchy of Cornwall Charter 1337 and Act of 1606 are being intentionally disregarded for English racial advantage. Disregard of the law also applies to the unrepealed Royal Mines Acts 1688 and 1693. The rules of construction for royal grants (usually Charters) include:- "capable of important relaxations in favour of the subject" (2 Co.Inst 496-7) and "the honour of the Sovereign ought to be more regarded than the Sovereign's profit". (Earl of Rutland's Case (1608) 8 Co.Rep 55a).

"The Duty of the Crown"


"It is the duty of the Crown and of every branch of the Executive to abide by and obey the law. If there is any difficulty in ascertaining it, the Courts are open to the Crown to sue, and it is the duty of the Executive in cases of doubt to ascertain the law, in order to obey it, not to disregard it". ("Eastern Trust Co. v. McKenzie, Mann & Co. Ltd., 1915, All ER; A.C. 750 at 759, (House of Lords and Privy Council).


The royal and legislative intent in 1337; 1606; 1688, 1693 and 1978

The unbiased observer recognises that the reason why the constitutional principles of King Edward III in 1337, and other monarchs, who promoted one Kingdom many races, have not been accepted as inalienable on the principle of equality by the contemporary institutions of England. It is painfully obvious that official recognition and separate funding for Cornish heritage is withheld in order to enable it to be confiscated and presented to the public as if it were of English origin.

The first Duchy

In his Charter of 16th March 1337 (The day before the Duchy charter) King Edward III heralded his intentions for his first born son. He proclaimed; "The addition of new honours by the restoration of old ones" (Cornwall obviously had some standing to be selected as the first Duchy ever created by an English King). "to be Duke of Cornwall over which awhile ago Dukes for a long time successively presided as chief rulers". (A clear reference to Celtic "Dukes" who were then leaders of an independent people and the descendants of King Arthur). "We have promoted the Earls of divers places". (Only Cornwall warranted a Duke). (Charter Roll, 11 Ed.III n.55).





The whole of Cornwall is the Duchy of Cornwall


The whole of Cornwall is the Duchy of Cornwall. The Duchy of Cornwall is not only a "landed estate". It is of constitutional significance. It is always listed under constitutional law by legal authorities. It covers the whole of Cornwall by virtue of the documented royal claim to an income from "our Stannaries" which continued over many centuries. The Duchy Charters accept that royal income has been derived from the Stannaries throughout the whole of Cornwall, and logically by Duchy action to profit from minerals throughout Cornwall, the whole of Cornwall became the Duchy of Cornwall. This is generally disregarded although confirmed as the legal position by "The Princes Case", 1606, "That the county of Cornwall should always remain as a Duchy". (8 Coke's Report 27a). If the Duchy is not legally the whole of Cornwall according to Lord Coke, then the Charter being 'equivalent to an Act of Parliament' according to Lord Coke, (8 Coke's Report 13b) is equally invalid thus rendering royal income from the Stannaries of questionable validity on the grounds of not having had the approval of Parliament.

The whole of Cornwall is, therefore, the Duchy on account of centuries of coinage income (a tax on tin production 1198-1838 replaced by mineral rights) from all tin and the pre-emption of tin produced throughout Cornwall. Also, throughout Cornwall, the Duchy claims intestate estates; bona vacantia; foreshore; gold and silver mines; and treasure trove of rare and base metals which are applicable to the Crown for the remaining parts of the United Kingdom. (Treasure Act 1996, s.5 (2) and The Treasure (Designation) Order 2002/2666). The Duchy is exempt from planning laws. (Circular 18/84).

The Royal Commission on the Constitution 1969-73, declared:- "The Creation of the Duchy of Cornwall in the fourteenth century may have been in some respects a mark of English overlordship". It then recommends that Cornwall be designated the Duchy of Cornwall on all appropriate occasions.

The Duchy of Cornwall Charters intended to benefit the Cornish people as well as the heir to the throne

Extracts are presented below from the three Charters (original in Latin) creating the Duchy of Cornwall on 17th March 1337, 18th March 1337 and 3rd January 1338. The political structure of a Duchy was introduced from Europe by Edward III, of the Plantagenet, French/Norman dynasty as an honour and constitutional distinction for Cornwall as well as his eldest son and all subsequent heirs to the throne and all subsequent heirs and descendants of the Cornish.

Texts of the Duchy Charter of 1337 are quoted from Her Majesty's Stationery Office (HMSO) or the Manning Edition of Rowe v. Brenton 1830, Appendix D. (Manning).

Definitions taken from:- (a) The Concise Oxford Dictionary; (b) Collins Concise Dictionary; (c) Reader's Digest Universal Dictionary and other quoted sources.

Extracts from the Charters in order of appearance in the text, (there are no internal references) followed by observations:-


Extract 1. Cornwall, a remarkable place distinguished by its ancient Celtic origins, Kings and national status

The unamended Duchy of Cornwall charter 1337/Act 1606 affirms; "whereby our Throne may be adorned and the same Kingdom and the holy Church thereof and also the other Lands subject to our dominion…………and desiring that remarkable places of our Kingdom may be distinguished by their pristine honours……..". HMSO. ("and desiring to dignify the chief places of our Kingdom with their ancient honours", Manning)


"other lands" (a) land, country; other = (a) 'separate in identity' (not ours)
HMSO text:- Latin 'alie eciam terre' - (Alienigena = foreign)
The coveted land at the heart of the King's motivation to
create the first ever Duchy for his first born son is
unmistakably Cornwall on account of its history and
mineral wealth.


"distinquished" (a) recognised, characterised, (Latin; insignia)
The King had no interest in any of the Anglo-Saxon
counties, he wanted something special for his first born
son and something to enhance the constitutional status
of his Kingdom, Celtic Cornwall.

"pristine" - (a) ancient,(c) remaining in a pure state, uncorrupted;
[Latin; pristinus, (a) former; (b) & (c) original.].
Royal acceptance of Cornwall as original British and pre-
England.

"honours" (b) fame or glory; (c) reputation. [Latin; honour.]
Cornwall a land with an enviable reputation.





Recognition of Cornwall as an 'other land' and a 'remarkable place' populated by 'original' Cornish speaking Britons, 'distinguished by their pristine honours' in recognition of the wealth of tin produced by the inhabitants of Cornwall and their acceptance as the descendants of the 'famous' Celtic King
Arthur.

From the perspective of Edward III Cornwall was not ethnically English. Both English and Cornish considered the other to be foreign.

This part of The Duchy of Cornwall Charter 1337/Act 1606 makes a clear reference to the ancient and separate indigenous Celtic national identity of the Cornish.



Extract 2. Duchy property held in trust for the Cornish people


"have given to our son the name and honour of Duke of Cornwall as is fitting, and lest it may in anywise hereafter be doubted what or how much the same Duke in the name of the Duchy aforesaid ought to have in particular we have commanded to be inserted in this our Charter", HMSO. ("under the name of the Duchy", Manning)

"In the name of the Duchy" (Latin:- nomine ducatus) (a) "acting in the interest of"; (c); "on behalf of" (the Duchy).

"In the name of the Duchy" in the unamended Duchy of Cornwall Charter 1337/Act 1606 is clearly indicative of a royal command to hold the cultural, archaeological sites and economic assets of Cornwall in trust on behalf of the Cornish people.

The Duchy of Cornwall in not therefore a private estate.

This provision denies the assumption that there is justification for appending "English" signs on Cornish archaeological sites and natural habitats.

"the duchy aforesaid" - "and that the county of Cornwall should always remain as a duchy to the eldest sons of the Kings of England", ("The Princes Case" - 8 Co. Rep. 27a; c.1606 -p.513). (Since 1707 - Kings of Britain)

The Dukes were not elevated above the laws of England but, in accepting income form the Duchy, they are still committed to act in the interests of the 'famous' indigenous Cornish.

 

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