|
|
|
|
Duchy of Cornwall
|
| |
|
| |
The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchies in the United Kingdom.

Discussion
Ask a question about 'Duchy of Cornwall'
Start a new discussion about 'Duchy of Cornwall'
Answer questions from other users
|
Encyclopedia
The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchies in the United Kingdom. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth (if the monarch has no son the estates of the Duchy are held by the Crown and there is no Duke). The current Duke is Charles, the Prince of Wales.
The Duchy owns land totalling 571 km² (or 135,000 acres). Nearly half of the holdings are in Devon, with other large holdings in Cornwall, Herefordshire, Somerset, and the constituent country of Wales For the fiscal year 2007, the Duchy was valued at £647 million, and annual profit in 2007 was £16.3 million, thus yielding 2.5%.
As a Crown body, and managed by the Crown Estate, the Duchy is tax-exempt from paying corporation tax, but since 1993 the Prince of Wales has voluntarily paid income tax. The Prince paid a voluntary contribution to the Treasury of 50% of his Duchy income from the time he became eligible for its full income at the age of 21 in 1969, and had paid 25% since his 1981 marriage. Tax is calculated after deducting business expenditure, the biggest source of which is The Prince's staff of around 110 including private secretaries to a valet working in his office at Clarence House and at Highgrove House. Detailed records are kept to determine the split between public and private expenditure.
Duchy of Cornwall dispute
For some Cornish people, the Duchy, as shown by the Officers of the Duchy of Cornwall in 1855 in its dispute with the Crown over the ownership of the Cornish Foreshore, has quite a different significance, based on the original Acts and Charters of its creation. Cornwall itself in this framework is described, de jure, as a Duchy (as opposed to an ordinary county), and the Duchy estates are distinguished from the Duchy itself, having themselves been annexed and united to "the aforesaid Duchy". The Duke of Cornwall may even be described as Cornwall's head of state. For example, the Duke traditionally had a ceremonial role in summoning the Cornish Stannary Parliament. In addition the Treasury Solicitors agency for Bona Vacantia Division considers The Duchy of Cornwall to comprise the County of Cornwall.
It should be noted, however, that the administrative machinery of Cornwall almost invariably refers to itself as a county (including, for example, Cornwall County Council itself) in the English language. Although it can be argued that the administrative county and Duchy in this sense are separate, co-existing entities, this should be considered within the context of the Honour (Kingdom/Dukedom) within which exists the necessary infrastructure for administration and taxation (county/shire). The administrative county of Cornwall, therefore, being within the Duchy of Cornwall. The reason the Royal Commission on the Constitution (Kilbrandon 1973) recommended that Cornwall be officially referred to as 'the Duchy' was to recognise expressed concerns over its territorial integrity.
The Duchy was established in 1337 by Edward III of England for his son, Edward, Prince of Wales. The significance of this honour can be seen in the subsequent Charter of Henry IV to Prince Henry: "We have made and created Henry our most dear first-begotten Son, Prince of Wales, Duke of Cornwall and Earl of Chester, and have given and granted, and by our Charter have confirmed to him the said Principality, Duchy, and Earldom, that he may preside there, and by presiding, may direct and defend the said parts. We have invested him with the said Principality, Duchy, and Earldom, per sertum in capite et annulum in digito aureum ac virgam auream juxta morem."
It is commonly understood that the augmentation of the former Earldom of Cornwall into a Duchy occurred on 17 March 1337 by the First Duchy Charter. Whilst this now appears to be entitled the 'Charter of Creation' it was originally called 'The Great Charter' and within it, it can be seen as referring to the fact of the Duchy as having already been created. This charter is simply an enumeration of what this territorial possession comprises in terms of territory, estates, revenues and rights - both public and private. This was done to remove, as stated within the Charter, any doubt over what the Honor comprised. During the latter period of the Earldom of Cornwall various parts of this territorial possession were granted as separate parcels (e.g., Stannaries, vicecomitatus, etc.) which could have been construed as a severance from the Earldom. The purpose of the First Charter was to show clearly that these still formed part of the Honor. From this it is shown that it is:
A) - incorrect to assign the name of this territorial honour exclusively to the estates, which formed only a part of the possessions annexed and united the Duchy of Cornwall, and,
B) - considered inappropriate to use the name of this territorial Honour as a commercial brand name.
Both the Duchy of Cornwall and its counterpart, the Duchy of Lancaster (since 1399 held by the monarch in a personal capacity), have special legal rights not available to other landed estates: for example, the rules on Bona vacantia operate in favour of the holders of the duchies (as opposed to the Crown) and there are separate Attorneys General for the Duchies. Generally, the exemptions all tend to follow the same line: any rights pertaining to the Crown generally in most areas of the country instead pertain to the Duke of Cornwall in right of the Duchy.
In 1780 Edmund Burke sought to curtail further the power of the Crown by removing the various principalities which existed.
the five several distinct principalities besides the supreme
. If you travel beyond Mount Edgcumbe, you find him [the king] in his incognito, and he is duke of Cornwall
. Thus every one of these principalities has the apparatus of a kingdom
. Cornwall is the best of them
.
However, his Parliamentary Bill failed, due to the fact that the current Duke (George, b. 1762) was under age.
Duchy as a private estate
There is a large body of evidence collated by the Attorney General to the Duchy of Cornwall in the 1858 Cornish Foreshore Case that showed Cornwall to be extra-territorial to England. For example on George III's accession on 25 October 1760 he surrendered Crown lands held in England, Wales and Scotland to the state in return for an annual civil list payment. The Duchy of Cornwall, i.e. Cornwall, was excluded from this legal arrangement, so today the Crown Estates has no jurisdiction in Cornwall.
High Sheriffs must by law swear an oath of allegiance to the sovereign, but the High Sheriff of Cornwall swears an oath of allegiance to the Duke. Nearly all laws passed for England and Wales today do not apply to the Duke or his territorial possession known as the Duchy of Cornwall and only two named individuals in the UK have Crown Immunity the sovereign of the UK and the sovereign of Cornwall in right of his Duchy of Cornwall.
Various laws, and the governments own legal department, state that the Duchy of Cornwall is co-terminus with the administrative area of Cornwall and to this day, the Queen is the owner of last resort of all land in England, Wales and Scotland, but not of Cornwall. These exemptions (which are applied on grounds that the Duchy is not part of England and Wales), reflect a constitutional situation that the Duke is able to protect by right to intervene in, and control the outcome of, any court case that might affect the Duchys unique constitutional position.
Discrepancies in the Great Charter translations
The English translation of the 17 March 1337 Great Charter (or in Latin "Magna Carta"), as deployed in Rowe v. Brenton (Manning edition 1830) states that the King's son is "Duke of Cornwall and heir to the Kingdom of England".
A revised Government translation states that the King's son is "Duke of Cornwall in the Kingdom of England" (Halsbury's Laws 1973).
The Charter Roll of 16 March 1337 announcing the Great Charter said that inspiration was drawn from the time when Cornwall was recognised as being a separate Kingdom, and that the intention was to "restore Cornwalls original ancient honours".
Today the Duchy states that the "main purpose of the Charter is to create an income for the Duke".
In 1857 the Duchy stated that the three Charters confirm and acknowledge Cornwall as being co-terminous with the Duchy, which is extra-territorial to England and subject to its own chief ruler, law making apparatus and tax raising regime.
Today the Duchy states that "it is merely a collection of private estates".
Halsbury's Laws refer only to the 17 March 1337 Great Charter. Two subsequent Charters of 18 March 1337 and 3 January 1338 confirming that Cornwall was for all time to be subject to its own law-making regime, and not subject to Englands Summons of Exchequer are not referenced.
Today there is a Parliamentary injunction preventing MPs from raising questions about, or even attempting to discuss, these matters. On 16 July 1997 the Liberal Democrat Andrew George MP attempted to raise a Duchy-related question but he was prevented by an injunction that disallows MPs raising any questions in Parliament that are in any way related to the Duchy.
In 2006 the case for Cornwall, in respect of alleged violations of the European Convention on Human Rights, Articles 6, (independent and impartial courts); 8, (respect family life); 10, (freedom of expression); 13, (violations by officials); 14 with Protocol 12, (discrimination on the grounds of association with a national minority, property, birth or other status); 17, (the official destruction of rights); Protocol 1 Article 1, (property rights) with 385 supporting documents, was submitted by members of the Cornish Stannary Parliament to the European Court of Human Rights. On 13 April, 2006 the Court stated that it: "will deal with the case as soon as practicable".
Offices
Lord Warden of the Stannaries
See Lord Warden of the Stannaries
Chancellor (Keeper of the Privy Seal)
Receiver-General
abolished, then revived18621866: Sir Charles Beaumont Phipps18661878: Sir Thomas Myddleton-Biddulph18781883: Sir William Thomas Knollys18831888: Sir John Rose, Bt18881908: Sir Robert Kingscote19081929: The Lord Revelstoke19291936: Sir Edward Peacock
Attorney-General
vacant?18411843: Thomas Pemberton (later Lord Kingsdown)18431852: The Hon. John Chetwynd-Talbot18521863: Sir Edward Smirke18631873: Sir William Alexander, Bt18731877: George Loch18771877: Alfred Henry Theisinger18771892: Sir Charles Hall18921895: Sir Henry James (later Lord James of Hereford)18951914: Charles Cripps (later Lord Parmoor)19141915: George Cave (later Lord Cave)19151916: Henry Duke (later Lord Merrivale)
Surveyor-General
- 17471751: The Lord Baltimore
- 17511796?: Edward Bayntun-Rolt
- 1796??: Sir John Morshead, Bt
- 18081829: Benjamin Tucker
Keeper of the Records
- 18431849: James Robert Gardiner
- ?1873: Joshua Wigley Bateman
- 18731886: George Wilmshurst
- 18861908: Sir Maurice Holzmann
- 19081930?: Walter Peacock
- 19361954: Sir Clive Burn
- ?1972: Sir Patrick Kingsley
- 19721981: Francis Anthony Gray
- 19811986: John Walter Yeoman Higgs
- 19871993: Sir David Landale
- 19931997: Sir John James
- 1997present: Bertie Ross
Auditor
- 16921704: Philip Bertie
- 17041713: Albemarle Bertie
- 1738?: Charles Montagu
- ?1751: Robert Andrews
- 1751bef. 1767?: William Trevannion
- 17911796: John Willett Payne
- 17961803: Thomas Tyrwhitt
- 18031816: Sir John McMahon, Bt
- 18161817: Sir Benjamin Bloomfield
- 18171823: Sir William Knighton, Bt
- 18231841: George Harrison
- 18431851: Edward White
- 18511891: Sir William Anderson
- 18911916: Lesley Probyn
- 1916?: Laurence Halsey
- 19711993: Jeffery Bowman
Solicitor-General
- 17141715: John Fortescue Aland
- 17151717: Laurence Carter
- 17171726: Charles Talbot
- 17261727?: John Finch
- 17291730: William Fortescue
- 17301736: Robert Pauncefort
- 17361741: Richard Hollings
- 17411746: Alexander Hume Campbell
- 17461748: Henry Bathurst
- 17481751: Paul Joddrell
- 17511754: Robert Henley
- 17541756: Charles Yorke
vacant1841?1852: Edward Smirke
- 19081940: Robert Ernest Tucker
- 19401954: Sir Clive Burn
- 19541972: Brian Stopford
- 19721976: Joseph Frederick Burrell
- 19761994: Henry Boyd-Carpenter
- 1994present: James Furber
External links
|
| |
|
|