Cornish Foreshore Case
Encyclopedia
The Cornish Foreshore Case was an arbitration case held between 1854 and 1858 to resolve a formal dispute between the British Crown and the Duchy of Cornwall
over the ownership of the foreshore of the county of Cornwall
in the southwest of England. Officers of the Duchy successfully argued that the Duchy enjoyed many of the rights and prerogatives of a county palatine
and that although the Duke of Cornwall
was not granted Royal jurisdiction, he was considered to be quasi-sovereign within the Duchy of Cornwall. The arbitration was based on legal argument and documentation which led to the Cornwall Submarine Mines Act 1858. Sir John Patteson served as arbitrator, while the Rt. Hon. Thomas Pemberton Leigh, Baron Kingsdown represented the Duchy.
during Parliamentary debates on the Cornwall Submarine Mines Bill, on 19 July 1858:
The Cornwall Foreshore Dispute culminated in the "Articles of Agreement" between the Crown and the Duchy in the Cornwall Submarine Mines Act 1858, which states: "All mines and minerals within Cornwall under the seashore, estuaries and tidal rivers and other places (below high-water mark) are part of the soil and 'territorial possessions' of the Duchy".
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
over the ownership of the foreshore of the county of Cornwall
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
in the southwest of England. Officers of the Duchy successfully argued that the Duchy enjoyed many of the rights and prerogatives of a county palatine
County palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
and that although the Duke of Cornwall
Duke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
was not granted Royal jurisdiction, he was considered to be quasi-sovereign within the Duchy of Cornwall. The arbitration was based on legal argument and documentation which led to the Cornwall Submarine Mines Act 1858. Sir John Patteson served as arbitrator, while the Rt. Hon. Thomas Pemberton Leigh, Baron Kingsdown represented the Duchy.
The issue
The problem which gave rise to the dispute was explained by the Solicitor-GeneralSolicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
during Parliamentary debates on the Cornwall Submarine Mines Bill, on 19 July 1858:
"very large grants were made of the soil and shore to the Prince of Wales in the time of Edward III. by charters, and great difficulty had always arisen with regard to the construction of those charters. That doubt had been further increased by innumerable dealings which had since taken place between the Crown and the Prince of Wales in the shape of statutes, other charters, and deeds of various kinds. In consequence it had in recent times become matter of extreme uncertainty whether, as regarded the soil between high and low-water mark, and even below low-water mark, in the Duchy of Cornwall, the rights to minerals was in the Crown or the Duchy. In the year 1856 it was considered desirable that these doubts should be resolved, for it was found that the existence of doubts had had the effect of putting an end to various kinds of improvement, and checking mining operations."
The Duchy submission
- That Cornwall, like WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, was at the time of the ConquestNorman conquest of EnglandThe Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
, and was subsequently treated in many respects as distinct from EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. - That it was held by the Earls of CornwallEarl of CornwallThe title of Earl of Cornwall was created several times in the Peerage of England before 1337, when it was superseded by the title Duke of Cornwall, which became attached to heirs-apparent to the throne.-Earl of Cornwall:...
with the rights and prerogative of a county palatineCounty palatineA county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
, as far as regarded the seigneury 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 seigneury or territorial dominion, and that to a great extent by Earls.
- That when the earldom was augmented into a duchy, the circumstances attending to its 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 merley 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.
The Cornwall Foreshore Dispute culminated in the "Articles of Agreement" between the Crown and the Duchy in the Cornwall Submarine Mines Act 1858, which states: "All mines and minerals within Cornwall under the seashore, estuaries and tidal rivers and other places (below high-water mark) are part of the soil and 'territorial possessions' of the Duchy".
See also
- Constitutional status of CornwallConstitutional status of CornwallCornwall is currently administered as a unitary authority and ceremonial county of England.However, a number of organisations and individuals question the constitutional basis for the administration of Cornwall as part of England, arguing that the Duchy Charters of 1337 place the governance of...
- Revived Cornish Stannary ParliamentRevived Cornish Stannary ParliamentThe Revived Cornish Stannary Parliament , is a pressure group which claims to be a revival of the historic Cornish Stannary Parliament last held in 1753...
- Cornish nationalism
- Timeline of Cornish historyTimeline of Cornish history-400,000 - 200,000 BC :* Ancestors of modern humans visited Cornwall for the first time; Cornwall is too far south to be under the ice sheet, and is joined to Continental Europe.-10,000 BC :...