Historical difference

4.1       In 1993 the Council of Europe Parliamentary Assembly explicitly defined ‘national minority’ in their Text of the proposal for an additional protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. In that definition they made their implicit intention, discussed above in paragraphs 3.2 – 3.4 much more explicit. In 1993 they decided that the expression ‘national minority’ refers to a group of persons in a state who

  1. reside on the territory of that state and are citizens     thereof; 

  2. maintain longstanding, firm and lasting ties with that state;

  3. display distinctive ethnic, cultural, religious or linguistic characteristics;

  4. are sufficiently representative, although smaller in number than the rest of the population of that state or of a region of that state;

  5. are motivated by a concern to preserve together that which constitutes their common identity, including their culture, their traditions, their religion or their language

4.2       Both this definition and that of ethnic group suggested by Lord Fraser in 1988 share a recognition of two aspects common to all identity claims. These are the presence of difference and the agency of members of the group in acting upon those perceived differences. At the outset we must realise that differences can be both material/objective and imagined/subjective. They can also be quite subtle. And to a large extent it is not the attributed ‘difference’ that makes the group but the group that makes the ‘difference’ important.

4.3       Nevertheless, claims of difference underlie the Cornish case. We will identify, for illustration, three material differences, historic, linguistic and cultural, that are often, singly or separately, taken as the basis of the Cornish claim to be a distinct ethnic community or national minority.

 4.4       Although administered as a county of England, the origin of Cornwall is not the same as that of English counties. While the latter were originally administrative sub-divisions of Saxon kingdoms, Cornwall was formerly a separate kingdom, populated by a Celtic-speaking populace and with its own ruling families. In 936 Athelstan, the ruler of Wessex, fixed the east bank of the River Tamar as the border between Wessex and Cornwall, thus creating the geopolitical entity of Cornwall as the home of the ‘West Welsh’, who were at the same time forcibly evicted from Devon. Because of its size, roughly equivalent to an English county, Cornwall came to be administered as a county, but this was a later and contingent outcome.

  4.5       In the period before the Reformation Cornwall was certainly not regarded as a ‘mere’ English county. There are three aspects to this. First, Cornwall was exceptional in its ‘Celtic’ inheritance “within England" (Robbins, 1998, 8-9). This inheritance guaranteed Cornwall formally equal status as one of the four constituent parts of the ‘island of Britain’ in medieval times. As late as 1543 it was written that "Britain is divided into four parts, wherof the one is inhabited by Englishmen, the other of Scots, the third of Welshmen and the fourth of Cornish people" (Polydore Vergil, cited by Payton, 1992, 57). To the sixteenth century Cornwall was regularly distinguished from England in government documents such as Magna Carta and in other writings and given a prominent status (for examples see Payton, 1996, 87ff). Secondly, an ambiguous constitutional position was reflected in what has been described as devices of ‘accommodation’, special institutions that helped solve the problems of governing this remote territory in the medieval period (Payton, 1992, 47). Examples were the Duchy of Cornwall, formed in 1337, and the Stannary courts and parliament, guaranteed by charters of 1201, 1305 and 1508, the last of which extended the Stannary Parliament’s legislative powers and "provided (an) aura of semi-independence" that recognised Cornwall’s distinct constitutional position in the medieval British Isles (Payton, 1992, 52).

  4.6       Finally, ideas of national identity before the 1600s differentiated ethnic from political status. Thus the King’s political subjects included the English, Welsh, Scots, Irish, French, Flemings and anyone else who happened to live within the realm (Ellis, 1999, 104), Nevertheless, these ‘ethnies’, or early ethnic communities, were regarded as separate cultural groupings well into the 1600s. The Cornish were located as a group with a clear identity, but absorbed into a multi-ethnic England, and this was only challenged with the coming of the Reformation and the appearance of the modern notion of one ethnic group in one ‘national’ space (Hastings, 1997, 67). Given the size of the Cornish group in relation to the dominant English they were clearly vulnerable to a process of semantic ethnic cleansing that commenced in the 1600s.

 4.7       It was this process that effectively marginalised and rendered invisible the Cornish. It also helps to explain the lack of visibility of the Cornish as a distinct group in the late twentieth century UK. Indeed, it is only in recent years that historians have begun to re-emphasise the distinct status of Cornish ethnicity in medieval and early modern England, a status that was culturally similar to the Scots and the Welsh, despite differences in governance. In a recently published article the historian Mark Stoyle concludes that, in terms of a distinct "tradition of descent… language, law, life-style, dress… agricultural practices, (and) code of social values… naming forms and cultural practices" the Cornish "emerge as a ‘people’ on every count" in the period before the 1600s (Stoyle, 1999, 426). The same historian has also called for the Civil War, now often regarded as a ‘war of four nations’ to be thought of "in terms of a ‘war of five peoples’: English, Irish, Scottish, Welsh – and Cornish" (Stoyle, 1998, 51).

  4.8       Moreover, historical difference did not cease in the 1600s and 1700s with the decline of the more visible markers of difference such as language and cultural practices. While there was some cultural convergence in the 1700s and 1800s, a period when Cornwall was one of the centres of European industrialisation, "nevertheless, there remained a stronger sense of separate identity and common purpose… among the people of Cornwall than in any other southern shire… Such politicisable ethnicity could hardly be found elsewhere" (Hastings, 1997, 67). In fact, events of the nineteenth century produced new tokens of historical difference. Early industrialisation based on metal mining was followed by early de-industrialisation and, at the same time, Cornwall became one of the major emigration regions of Europe (Baines, 1985, 157; Payton, 1999). This heightened the distinctiveness of the Cornish experience during the late 1800s, opening up new family and community links that were not bound by the parameters of the British nation-state or even by the British Empire. The resulting international context of Cornish cultural identity is on a scale matched only by the Irish and the Scots Highlanders within the British Isles. This again provided another element of difference, which together with an earlier ‘Celtic’ history, supplies a rich repertoire of symbols for assertions of historical difference by the contemporary Cornish.

  4.9       The separate origins of Cornwall and the Cornish people and their qualitatively different status from English counties and their inhabitants have been recognised by various state institutions as well as by historians. In 1855 the Duchy of Cornwall claimed that "Cornwall, like Wales, was at the time of the Conquest, and was subsequently treated in many respects, as distinct from England" (Observations on behalf of the Crown by way of a reply to the statement showing the grounds upon which is founded the alleged right of the Duchy of Cornwall to the tidal estuaries, foreshore , and under sea minerals within and around the coast of County of Cornwall, 1856, appendix). In 1973 the Kilbrandon Commission stated that "The early inhabitants of Cornwall were of Celtic origin. The Anglo-Saxon settlement of England did not extend to their territory and the people of Cornwall continued to be Celtic" (Kilbrandon Commission, 1973, para 329). As recently as 1998 the Office of National Statistics, when supporting the case for Cornwall to be regarded as a Level 2 European Union region for statistical purposes, argued that separating Cornwall from Devon would recognise the former’s "distinct cultural and historical factors reflecting a Celtic background" (ONS press release, 29 June 1998). A final example of official recognition of the existence of a distinct Cornish group comes in the allocation, for the first time also by the ONS, of a Local Code to the Cornish relating to the ethnic identity question in the 2001 Census.  

Summary

The historical evidence suggests that the Cornish can lay claim to a history that has much in common with that of the Scots and Welsh. Non-English origins and a Celtic inheritance provide the raw material for a distinct history. 

A distinct origin separate from England was recognised by state bodies in the medieval period 
and still referred to into modern times.  

This qualifies the Cornish as national minority under the definition of the Race Relations Act as they have a ‘historic national identity’.  

The enduring role of these institutions of "accommodation" into modern times was recognised by the Kilbrandon Commission on the Constitution in 1973 when it noted the "special" relationship between Cornwall and the Crown. The Commission suggested that "use of the designation (i.e.the Dutchy) on all appropriate occasions would serve to recognise both this special relationship and territorial integrity of Cornwall"
(Kilbrandon Commission, 1973)

Cornwall and Wales compared
The Welsh are regarded by the UK Government as a national minority. However before the 1960's there was little difference between Cornwall and Wales in constitutional terms. Indeed, the Cornish Stannary Parliament had continued to meet for 300 years after the last representative Welsh assembly of the 1400's. Separate legislation was still enacted in Cornwall into the eighteenth century whereas Wales was largely incorporated into English administration after the Acts of Union of 1536 and 1543. But both countries have a similar relationship to the Crown, with the same person, the heir to the thrown, acting as Prince of Wales and the Duke of Cornwall. In both the vast majority of place names are in a Celtic and non-English language. In both there is history of religous nonconformity. The Welsh and the Cornish have shared origins. So why are the Cornish treated differently?

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