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“Craig Weatherhill



Q. WHY IS CORNWALL DIFFERENT FROM THE REST OF THE UK?
A. BECAUSE IT IS SUBJECT TO DIFFERENT LAWS.
(by courtesy of John Kirkhope, BA (Hons), LL.B(Hons), Dip.N.P., TEP, Notary Public and non-practising solicitor, Weston-super-Mare).

1. It is the only region of the UK where the soil is owned by someone other than the Crown, and this is important. Generally speaking, most people own property in "Freehold", or what used to be called "Fee Simple Absolute". This dates back to feudal times and Freehold indicates that we own land from the Crown in exchange for feudal duties (this is now largely academic). Only the Monarch is absolute owner of the soil EXCEPT in Cornwall, where the absolute owner of the soil is the Duke of Cornwall. The Duchy has used this right of the Crown to avoid planning laws, for example.


2. Does 1 above matter? Yes - in the rest of the UK "ownerless land" reverts back to the Crown EXCEPT in Cornwall where it reverts to the Duke of Cornwall. In Cornwall, the property f people who die without lawfully named heirs passes to the Duke of Cornwall. In the rest of the UK, it reverts to the Monarch as monarch or as Duke of Lancaster.

3. Cornwall is the only region of the UK in which the foreshore and rivers belong to someone other than the Monarch. The owner is, again, the Duke of Cornwall.

4. Cornwall is the only "county"(sic) in which the Sheriff is appointed by somone other than the Monarch, and swears allegiance both to the Monarch and his appointer, the Duke of Cornwall.

5. Cornwall is the only region of the UK which is home to an extant legal institution with a right of veto of Westminster legislation.

6. Cornwall is the only region of the UK in which someone other than the Monarch has right of wreck and royal fish.

7. Cornwall is the only "county" (sic) which can claim to be properly referred to as Duchy (Royal Commission on the Constitution 1972).”

By Truro_Kernow Posted: November 28, 2012

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  • Truro_Kernow  |  November 28 2012, 10:05PM

    8. Cornwall is the only region of the UK where agencies of the Crown are prohibited from operating, save in default of the Duke of Cornwall (Duchy Carters 2 and 3, 1337-8). But we all know that they DO operate here - illegally! The people of Cornwall are subject to different laws than the rest of the UK; some charming oddities, others not so. The Right to the Foreshore means that the Marine Stewardship scheme does not apply. It means that the people of Scilly cannot buy their own houses. Brilliant stuff from a lawyer and posted courtesy of Cornish author and archeologist Craig Weatherhill. Kernow vys vyken!

  • JJLee  |  November 29 2012, 7:38AM

    I see the very very small minority are still trying to change truths in the hope they can one day succeed in creating division. I wonder if this the same solicitor this group were going to pay a few years back, to help pay for him to finish his legal education, something to do with the Commonwealth games I seem to recall? Not sure, but very boring subject from the usual candidates peddling a small minority vision. I am not a solicitor or need one to know some of the laws relating to Cornwall being a duchy exist. Only a plank would claim this as news or an event. Another none topic

  • Big_Ger  |  November 29 2012, 8:42AM

    Is it a bird? Is it a plane? Not it's Cornish nationalist man!!! With his amazing super power to veto British law, he valiantly keeps the invading hordes form Cornwall! Oh no, he doesn't does he? He does nothing. No veto has ever been used, none has ever been tried, and they know damn well it wouldn't work if they did try it. It's just another fantasy, like their insistence that as Cornwall is ruled by the Queen's son, then somehow that makes us different to the rest of the UK, (apart from Devon and Lancaster.) I'm sure in their muddled little world they believe that Prince Charles the Duke of Cornwall will somehow, sometime, declare Cornwall an independent country, and they will live happily as his servants. I love all the gibbering about "someone other than the monarch" having all these abilities, when what they mean is "the Queen's son has these abilities".

  • youngcornwall  |  November 29 2012, 9:01AM

    Assuming all the above is correct, and I have no reason to believe differently, how much has Cornwall benefited from this? Or on the other hand how much has this held Cornwall back if any?

  • Dyhanow  |  November 29 2012, 11:52AM

    FROM THE OPENING POST... "3. Cornwall is the only region of the UK in which the foreshore and rivers belong to someone other than the Monarch. The owner is, again, the Duke of Cornwall." WELL... NO, THIS IS INCORRECT, SOME WATERS IN DEVON ALSO BELONG TO THE DUKE... BELOW I QUOTE FROM CRISPIN GILL'S, THE DUCHY OF CORNWALL, PUBLISHED BY DAVID AND CHARLES, 1987..... "The Duchy owns the fundus of all rivers flowing south out of Dartmoor into the channel with the exception of the Yealm and the Erme... ... As a legacy of the tin trade the Duchy controls the whole of the river Dart" ALSO, IF ANYONE CARES TO LOOK, THE "WATERS OF THE DERT" (sic) ARE SPECIFIED IN THE ORIGINAL DUCHY CHARTER!

  • CallingtonFox  |  November 29 2012, 2:20PM

    TK never lets facts get in the way of things; he prefers fiction and half truths backed up by subjects taken out of context. He does not like to be questioned and likes to name call when in a corner. He might even have this post removed because he can dish out but can not take.

  • CallingtonFox  |  November 29 2012, 4:13PM

    Cornwall, my Cornwall, your Cornwall, Cornwall, a county of England, fact.

  • CallingtonFox  |  November 29 2012, 4:18PM

    And as for this bit of tripe, "Off they go to their EDL/BNP/UKIP meetings chattering away." You should try looking at your own beliefs TK, it is you who is more akin to being a member of one of these reprehensible organisations. Will you have this post removed

  • JJLee  |  November 29 2012, 4:41PM

    I fail to see the linkage between UKIP and bigotry. We never voted for Europe and are certainly free to not be within it. Please do not allow TK to distract sensible contributions, other are free to see him for what he is, he adds nothing and only drags down others who are able to debate without abuse.

  • polgooth  |  November 29 2012, 6:01PM

    As this forum clearly demonstrates, robust schools of thought exist when discussing Cornwall's past and future. So let's resolve this by having a referendum on a parliament for Cornwall. Simple. Cheaper than the recent vote for P and C Commissioners with a clear result that all can understand and abide by ? Who is up for it ? If it really is just a handful of nutters seeking greater autonomy for Cornwall then surely you have nothing to fear and you will be proven right. Let's get together and sort this out once and for all. Big Ger I humbly nominate you to lead the call for a referendum and challenge us nutters to put up or shut up ! Brgds

  • Slimslad  |  November 29 2012, 6:29PM

    I vote for a referendum. If only to shut up Weatherhill and his fellow "historians".

  • Slimslad  |  November 29 2012, 6:33PM

    Boundary changes for devo max: the Tory-SNP deal that may reshape the UK An agreement with the Scottish Nationalists could keep the Tories in power – and settle the West Lothian question http://tinyurl.com/ck2wzfq Oh.... SO Good!

  • Dyhanow  |  November 29 2012, 6:36PM

    FROM THE OPENING POST... "4. Cornwall is the only "county"(sic) in which the Sheriff is appointed by somone other than the Monarch, and swears allegiance both to the Monarch and his appointer, the Duke of Cornwall." WELL... NOT QUITE RIGHT IT SEEMS. "In Lancashire, Greater Manchester and Merseyside, High Sheriffs are appointed by The Queen in Right of Her Duchy of Lancaster. The appointment of County Palatine High Sheriffs is confirmed in a separate ceremony to those of the rest of England and Wales." SOURCE: THE DUCHY OF LANCASTER WEBSITE, LINK TO DUCHY OF LANCASTER WEBSITE: http://tinyurl.com/cvjw92k

  • Slimslad  |  November 29 2012, 6:44PM

    "than the fascist Anglophiles on here." LOL. An "Anglophile" is someone who loves England who is not English. A "fascist" is,( usually), someone with set views. LOL

  • CallingtonFox  |  November 29 2012, 7:07PM

    TK, the name calling neo-Celt who likes his version of truth to the real one.

  • Big_Ger  |  November 29 2012, 7:51PM

    Must be awful to have the super power of being able to veto UK law, but to be too cowardly to use it.

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