Cornish Foreshore Case
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 rights to minerals and mines under the foreshore of Cornwall in the southwest of England, most of which was owned by the duchy.
The Duchy of Cornwall presented a series of assertions regarding its sovereignty and territorial rights. The Duchy argued vigorously to support its position, making the following notable claims:
The Duchy contended that “these regulations were inconsistent with any other supposition than the Duke was quasi sovereign within his Duchy.”
It was asserted that “the Crown appears to have entirely denuded itself of every remnant of Seignory and territorial dominion which it could have otherwise enjoyed within the County of Cornwall.”
The Duchy claimed that “the three Duchy Charters are sufficient in themselves to vest in the Dukes of Cornwall not only the Government of Cornwall but the entire territorial dominion in and over the county which had previously vested in the Crown, along with all the royal prerogatives that would naturally accompany such dominion.”
Regarding the Royal Seignory, the Duchy argued, “it will be scarcely be contended but that the Duke of Cornwall was placed precisely in the position of the King. He had all the Crown lands within Cornwall, was entitled to all feudal services, and to all wardships, reliefs, escheats, etc., which belonged to the Crown as ultimate and supreme lord of the soil.”
The Duchy further elaborated that “a careful examination of the third Charter will show that by it not only were all transferred by the King to the Duke, but the Crown thereby, as set forth in the original Duchy statement, having entirely denuded itself as against the Duke of every remnant of Seignory and territorial dominion which it would otherwise have enjoyed within the County, thus making the rights of the Duchy more extensive and more exclusive against the Crown than ever enjoyed by the Earls.”
These claims highlight the Duchy's assertion of significant autonomy and sovereignty, challenging the traditional perceptions of Crown authority within Cornwall. The Duchy of Cornwall won its case, and the arbitration led to the Cornwall Submarine Mines Act 1858, which confirmed those rights for the duchy between the high and low water marks but not beyond. Sir John Patteson served as arbitrator, while the Rt. Hon. Thomas Pemberton Leigh, Baron Kingsdown represented the duchy.