Call the Duke of Cornwall as a witness - Part 2 of 3

   
The unequivocal intent of the currently in force Duchy charters as an Act of Parliament is that the whole of Cornwall is the Duchy and that the Dukes are responsible for the good governance of Cornwall and its people. The charters recognise the Cornish as being a British non-English indigenous national minority requiring the appropriate administrative provisions.

The evidence reveals that the Duchy is officially presented as a private estate in order to avoid its responsibilities and questions regarding its constitutional role and methods of obtaining ownership of property as personal property. To this end there is an injunction in the House of Commons to prevent Members from tabling questions on the Duchy of Cornwall. (Letter of House of Commons Library to Andrew George M.P., dated 16.06.1997).







The unequivocal intent of the currently in force Duchy charters as an Act of Parliament is that the whole of Cornwall is the Duchy and that the Dukes are responsible for the good governance of Cornwall and its people. The charters recognise the Cornish as being a British non-English indigenous national minority requiring the appropriate administrative provisions.

The evidence reveals that the Duchy is officially presented as a private estate in order to avoid its responsibilities and questions regarding its constitutional role and methods of obtaining ownership of property as personal property. To this end there is an injunction in the House of Commons to prevent Members from tabling questions on the Duchy of Cornwall. (Letter of House of Commons Library to Andrew George M.P., dated 16.06.1997).

The English national majority of Britain have placed the protection of Duchy privileges and powers (Tamar Bridge Act 1998, section 41) beyond democratic scrutiny. It prevents official recognition of the Cornish and their Celtic roots. It represents an indirect act of discrimination against the Cornish as a national minority of Britain. There is no written constitution to protect an indigenous national minority and no statutory guarantee of equality before the law.

The permanent censorship of the Duchy past and its constitutional relationship with Cornwall and the stannaries has meant that the challenge to this policy, as represented by those claiming minority rights for the Cornish, is interpreted by the representatives of the English national majority as acts of disloyalty to the Crown. However implemented, impartial and independent European law can objectively interpret the rejection of the Cornish as a national minority of Britain to be institutionalised cultural and racial discrimination. This policy has been rationalised and promoted as an assumed English duty to assimilate Cornish people, and their cultural heritage, for the glory of England in a perverse belief that it would rank as rewarding demonstration of loyalty to the British Crown.

However, if the law is to be of paramount importance and effective, any deviation from the specific terms of the Charter is illegal - Graham Haslam, Archivist to the Duchy of Cornwall 1976-1987 - from the Introduction, page 28, The Duchy of Cornwall, Crispin Gill, David & Charles, Vermont U.S.A. 1987.

The Duchy of Cornwall charters, faithfully implemented, would reflect the original intent to respect the rights of the Cornish in a truly unique and early provision of human rights for an indigenous minority.

We continue with extracts from the first Duchy of Cornwall charter.


Extract 3. The unamended Duchy of Cornwall Charter/Act as a fiduciary
contract between the Crown and the Cornish people.

"and more easily support the charges in this behalf incumbent".
Latin; 'onera in hac parte incumbencia fcilius supportare'.

"support" (a) provide for;

This obligation does not support the economic exploitation of Cornwall to relieve the rest of the Kingdom from general taxation for the upkeep of the heir to the throne.

"charges" (a) task, duty, custody, commission, care, entrust with an obligation.

"Incumbent" is given in (a) holder of any office; (b) obligatory; (c) imposed as an obligation or duty, a person who holds an office. Office; (a) official position; (b) department of national government, e.g. Home Office; (c) a position of authority, duty or trust.

Indicative of a 'duty incumbent' a fiduciary contract placed upon successive Dukes to "support" the Cornish as 'original' Britons.

"If it can be affirmed that, at the time when the statute was passed and received the royal sanction, it was apparent from the terms that its beneficent purpose must be wholly frustrated unless the Crown were bound, then it must be inferred that the Crown has agreed to be bound". (Bombay Province v. Bombay Municipal Corp. [1947] A.C.58, at 61, P.C., per Lord Du Parcq).

It is clear that King Edward III did not intend his charter to be used as a means to manipulate English constitutional law for English racial advantage.


"When the Crown elects to act under the authority of a statute, it, like any other person, must take the powers it thus uses cum onere". (Cum orere - A legal requirement to accept the disadvantages as well as the advantages). A-G v. De Keyser's Royal Hotel Ltd., [1920] AC 508 at 549-550, HL, per Lord Moulton.


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The Duchy right to exercise the function of the government of Cornwall was conceded in the foreshore Dispute between the Crown and the Duchy of Cornwall 1854-58 to justify its successful demand for the unique exception of depriving the Crown of control over the Foreshore of Cornwall. This also applies to the Isles of Scilly which is likewise not listed in the Charters.

The Foreshore Dispute culminated in the Cornwall Submarine Mines Act 1858 by which the Duchy secured the Foreshore of Cornwall. The final "Articles of Agreement" state; "the right to all mines and minerals between high and low water and under estuaries and tidal rivers and other places of Cornwall are part of the soil and territorial possessions of the said Duchy of Cornwall". The open sea is confirmed as, "part of the soil and territorial possessions of the Crown".

A "territorial possession" does not signify a private possession, it is indicative of a constitutional arrangement. The Cornish were not party to the agreement.

Petroleum deposits under the open sea are not known to be the private estate of the Crown. The Duchy was awarded the rivers of Cornwall on 28th October 1869 by Sir John Coleridge Taylor. (Halsbury's Laws of England Vol 12 (1) Foreshore and Wreck, para.268, n.6).
A fiduciary obligation or a duty to care is clearly incumbent in respect of inalienable royal demesne in the possession of HRH the Prince of Wales, Duke of Cornwall.


Extract 4. The honour of the Duke

"that he, the state and honour of such Duke may uphold according to the nobility of his race" (HMSO). ("the nobility of his kind", Manning)

(a) kind; race, natural group. (Latin; 'generis' (or genus), race, nation, people)

Clearly, the people of Cornwall, although recognised and 'honoured' were not considered to be of the same kind or race as those promoting the Charter.


Extract 5. Dukes of the same place

"Dukes of the same place" (repeated on 10 different occasions in the text).

Latin; 'ducu ejusdem loci' - of the same place. (Note:- 'ejusdem modi' - of the same kind - with 'ejusdem' the plural is used rather than the singular - 'locus' and 'modus').

The "same place" is of course, Cornwall, that is the whole of Cornwall equals the Duchy of Cornwall. (i.e. the central or primary Duchy of Cornwall. Most government institutions own property in other countries).

"Dukes of the same place" It was not intended that the heir to the throne should assume other or additional landed titles such as "Duke of Dartmoor" or Duke of any of the named estates granted by the Charter within Anglo-Saxon England.

By the second and third Duchy Charters of 1337 and 1338 the Duke can exercise "the King's writ and summons of exchequer" a grant bestowing absolute power.

The principle of demesne land is a medieval political concept by which the Monarch claims ownership of all the land of Britain, except that of Cornwall, which was transferred to the Duke by the Duchy charter. By section 79 of the Land Registration Act 2002 Her Majesty may grant demesne land to herself as private property. This presumably also applies to the Duke of Cornwall in respect of demesne land in Cornwall.

Extract 6. The provisions are "forever"

"the grant to be for ever" - Latin, "in perpetuum'.

A clear statement of intended "inalienability" for all of the provisions of the Duchy of Cornwall Charters.

The extant and intact Duchy charter provisions of benefits for the Dukes "for ever" have been incorporated into English law as a constitutional imperative.

The unamended Charter/Act provisions for the Cornish should also be 'for ever'.
However, the benefits for the Cornish, as with the provisions of Magna Carta, have been studiously ignored by successive English/British governments.

The Charter continues:- …..to appoint the Sheriff of Cornwall………..we annex and unite to the same for ever to remain, so that from the same Duchy at any time they shall in nowise be separated therefrom……we grant and will the same Duchy to be delivered with the appertenances to be holden as above expressed….."

"to appoint the Sheriff of Cornwall" - the only exemption from the normal Crown appointment of a Sheriff.

The Duchy of Cornwall Charter 1337/Act 1606 recognises the existence of the Cornish people by the appointment of the Sheriff and the Duke's duty incumbent to act in a fiduciary capacity towards them.

 

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