Duchy of Cornwall
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The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchies in England. The true nature of the duchy, and whether it should be considered to be in England, is a matter of dispute within Cornwall. The eldest son of the reigning monarch is automatically the Duke of Cornwall. The current Duke is the Prince of Wales.
The Duchy owns land totaling 571 km² (or 135,000 acres). Nearly half of the holdings are in Devon, with other large holdings in Cornwall, Herefordshire, and Somerset.[1] Annual profit in 2004 was £13,143,000.
As a Crown body, the Duchy is tax-exempt paying no corporation tax, but since 1993 the Prince of Wales has voluntarily paid income tax on his income from it. 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—from 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.
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[edit] 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,[2] 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.[3][4]
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 why the Royal Commission on the Constitution (Kilbrandon 1973) recommended that Cornwall be officially referred to as 'the Duchy' 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 where granted as separate parcels (e.g., Stannaries, vicecomitatus etc.) and 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:
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- a) - incorrect to assign the name of this territorial honor 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). 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 was under age.
[edit] 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 Cornwall’s original ancient honours".[citation needed]
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.[citation needed]
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 England’s Summons of Exchequer are not referenced.
Today there is a Parliamentary injunction[5] 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".
[edit] Offices
[edit] Lord Warden of the Stannaries
[edit] Chancellor (Keeper of the Privy Seal)
- 1802–1806: Thomas Erskine
- 1806–1815: William Adam[6]
- 1816–1818?: John Leach[7]
- 1843–1846?: Thomas Pemberton Leigh[8]
- 1846?–1852: Sir William Gibson-Craig, Bt
- 1852–1853: Marquess of Chandos[9]
- 1853–1855: Lord Alfred Hervey[10]
- 1855–1858: The Viscount Monck
- 1858–1858: Henry Brand[11]
- 1858–1859: Henry Whitmore[12]
- 1859–1863: Sir William Alexander, Bt[13]
- 1863–1865: Sir William Dunbar, Bt[14]
- 1865–1870: Herbert William Fisher[15]
- 1870–1901: The Earl of Leicester[16]
- 1901–1906: The Earl Spencer[17]
- 1907–1913: The Earl of Mount Edgcumbe[18]
- 1913–1933: The Lord Clinton
- 1933–1936?: The Earl of Radnor[19]
- 1977–1983: The Marquess of Lothian
- 1990–1994: The Hon. Sir John Baring (later Lord Ashburton)
[edit] Receiver-General
- 1533–1550?: Sir Thomas Arundell
- 1715–1720: Edward Eliot
- bef. 1740–1748?: Richard Eliot
- 1751–1804: Edward Craggs-Eliot, 1st Baron Eliot[20]
- 1804–1807: Richard Brinsley Sheridan[21]
- 1807–1808: The Viscount Lake
- 1808–1816: Richard Brinsley Sheridan[22]
- 1816–1817: Sir John McMahon, 1st Baronet
- 1817–1823?: Lord William Gordon[23]
- 1823–1830?: Sir William Knighton, Bt
- 1830?–1849?: Henry Wheatley
- 1862–1866: Sir Charles Beaumont Phipps[24]
- 1866–1878: Sir Thomas Myddleton-Biddulph[25]
- 1878–1883: Sir William Thomas Knollys[26]
- 1883–1888: Sir John Rose, Bt[27]
- 1888–1908: Sir Robert Kingscote[28]
- 1908–1929: The Lord Revelstoke[29]
- 1929–1936: Sir Edward Peacock[30]
- 1961–1973: The Lord Ashburton
- 1974–1990: The Hon. Sir John Baring (later Lord Ashburton)
- 1990–2000: The Earl Cairns[31]
- 2000–present: The Hon. James Leigh-Pemberton
[edit] Attorney-General
- 1613–?: Sir John Walter
- 1634–?: Sir Richard Lane
- 1643–1648?: Sir Robert Holborne
- ?–1698: Francis Buller
- 1783–1793: Thomas Erskine (later Lord Erskine)
- 1793–1800: Robert Graham[32]
- 1800–1805: Vicary Gibbs
- 1805–1806: William Adam[33]
- 1806–1812: William Garrow[6]
- 1812–1815: Joseph Jekyll[34]
- 1816–1818: William Draper Best[7]
- 1819–bef. 1829?: Charles Warren[35]
- 1841–1843: Thomas Pemberton (later Lord Kingsdown)
- 1843–1852: The Hon. John Chetwynd-Talbot[8]
- 1852–1863: Sir Edward Smirke
- 1863–1873: Sir William Alexander, Bt[14]
- 1873–1877: George Loch[36]
- 1877–1877: Alfred Henry Theisinger[37]
- 1877–1892: Sir Charles Hall[38]
- 1892–1895: Sir Henry James[39] (later Lord James of Hereford)
- 1895–1914: Charles Cripps[40] (later Lord Parmoor)
- 1914–1915: George Cave (later Lord Cave)
- 1915–1916: Henry Duke[41] (later Lord Merrivale)
- 1920–1922: Sir Douglas Hogg (later Viscount Hailsham)
- 1923–1928: Anthony Hawke[42]
- 1928–1932: Geoffrey Lawrence[43] (later Lord Trevethin and Oaksey)
- 1932–1951: Walter Monckton[44] (later Lord Monckton of Brenchley)
- 1951–1960: Charles Russell (later Lord Russell of Killowen)
- 1960–1969: Sir Joseph Molony
- 1969–1977: Anthony Lloyd
- 1978–1988: Andrew Morritt
- 1988–1994: Robert Carnwath
- 1994–1997: Sir Jeremy Sullivan[45]
- 1998–2006: Nicholas Underhill[46]
- 2006–present: Jonathan Crow[47]
[edit] Surveyor-General
- 1747–1751: The Lord Baltimore
- 1751–1796?: Edward Bayntun-Rolt[48]
- 1796?–?: Sir John Morshead, Bt
- 1808–1829: Benjamin Tucker[49]
- 1833–1849: Philip Sidney, 1st Baron De L'Isle and Dudley
- 1849–?: James Robert Gardiner[50]
[edit] Keeper of the Records
- 1843–1849: James Robert Gardiner[8]
- ?–1873: Joshua Wigley Bateman
- 1873–1886: George Wilmshurst[51]
- 1886–1908: Sir Maurice Holzmann[52]
- 1908–1930?: Walter Peacock[53]
- 1936–1954: Sir Clive Burn
- ?–1972: Sir Patrick Kingsley
- 1972–1981: Francis Anthony Gray[54]
- 1981–1986: John Walter Yeoman Higgs[55]
- 1987–1993: Sir David Landale[56]
- 1993–1997: Sir John James
- 1997–present: Bertie Ross
[edit] Auditor
- 1692–1704: Philip Bertie
- 1704–1713: Albemarle Bertie
- ?–1751: Robert Andrews
- 1751–bef. 1767?: William Trevannion[20]
- 1791–1796: John Willett Payne[57]
- 1796–1803: Thomas Tyrwhitt
- 1803–1816: Sir John McMahon, Bt
- 1816–1817: Sir Benjamin Bloomfield
- 1817–1823: Sir William Knighton, Bt
- 1823–1841: George Harrison
- 1843–1851: Edward White[8]
- 1851–1891: Sir William Anderson[58]
- 1891–1916: Lesley Probyn[59]
- 1916–?: Laurence Halsey[60]
- 1957–?: Edmund Parker
- 1971–1993: Jeffery Bowman
[edit] Solicitor-General
- 1783–1792: Sir Arthur Leary Piggott
- 1793–1795: John Anstruther[32]
- 1795–1800: Vicary Gibbs
- 1800–1802: Thomas Manners-Sutton
- 1802–1805: William Adam[61]
- 1805–1812: Joseph Jekyll[33]
- 1812–1813: Samuel Shepherd[34]
- 1813–1816: William Draper Best[62]
- 1816–? aft. 1818: William Harrison[7]
- 1845–1852: Edward Smirke
- 1908–1940: Robert Ernest Tucker
- 1940–1954: Sir Clive Burn
- 1954–1972: Brian Stopford
- 1972–1976: Joseph Frederick Burrell
- 1976–1994: Henry Boyd-Carpenter[63]
- 1994–present: James Furber[45]
[edit] References
- ^ Guardian -Jan 2005 - The prince of property and his £460m business empire
- ^ Celtic Frontier or County Boundary? Competing Discourses of s Late Nineteenth Century British Border. by Bernard Deacon
- ^ Bona Vacantia - See Jusrisdiction
- ^ Duchy of Cornwall details
- ^ Letter from the House of Commons Library to Andrew George MP, dated 16 July 1997
- ^ a b The London Gazette, issue 15888, 8 February 1806
- ^ a b c The London Gazette, issue 17111, 17 February 1816
- ^ a b c d The London Gazette, issue 20226, 19 May 1843
- ^ The London Gazette, issue 21303, 23 March 1852
- ^ The London Gazette, issue 21408, 4 February 1853
- ^ The London Gazette, issue 22097, 16 February 1858
- ^ The London Gazette, issue 22116, 23 March 1858
- ^ The London Gazette, issue 22281, 1 July 1859
- ^ a b The London Gazette, issue 22702, 27 January 1863
- ^ The London Gazette, issue 22991, 14 July 1865
- ^ The London Gazette, issue 23672, 28 October 1870
- ^ The London Gazette, issue 27294, 15 March 1901
- ^ The London Gazette, issue 28004, 15 March 1907
- ^ The London Gazette, issue 33960, 14 July 1933
- ^ a b The London Gazette, issue 9070, 25 June 1971
- ^ The London Gazette, issue 15679, 28 February 1804
- ^ The London Gazette, issue 16140, 26 April 1808
- ^ The London Gazette, issue 17289, 27 September 1817
- ^ The London Gazette, issue 22629, 27 May 1862
- ^ The London Gazette, issue 23097, 6 April 1866
- ^ The London Gazette, issue 24633, 15 October 1878
- ^ The London Gazette, issue 25253, 24 July 1883
- ^ The London Gazette, issue 25868, 23 October 1888
- ^ The London Gazette, issue 28190, 30 October 1908
- ^ The London Gazette, issue 33520, 26 July 1929
- ^ The London Gazette, issue 52356, 6 December 1990
- ^ a b The London Gazette, issue 13497, 26 January 1793
- ^ a b The London Gazette, issue 15778, 5 February 1805
- ^ a b The London Gazette, issue 16619, 30 June 1812
- ^ The London Gazette, issue 17481, 29 May 1819
- ^ The London Gazette, issue 23968, 18 April 1873
- ^ The London Gazette, issue 24502, 11 September 1877
- ^ The London Gazette, issue 24523, 20 November 1877
- ^ The London Gazette, issue 26259, 19 February 1892
- ^ The London Gazette, issue 26644, 16 July 1895
- ^ The London Gazette, issue 29398, 10 December 1915
- ^ The London Gazette, issue 32803, 6 March 1923
- ^ The London Gazette, issue 33403, 13 June 1928
- ^ The London Gazette, issue 33821, 29 April 1932
- ^ a b The London Gazette, issue 53809, 4 October 1994
- ^ The London Gazette, issue 55140, 29 May 1998
- ^ The London Gazette, issue 58161, 23 November 2006
- ^ The London Gazette, issue 9070, 25 June 1751
- ^ The London Gazette, issue 16158, 28 June 1808
- ^ The London Gazette, issue 20961, 27 March 1849
- ^ The London Gazette, issue 23990, 20 June 1873
- ^ The London Gazette, issue 25635, 19 October 1886
- ^ The London Gazette, issue 28122, 24 March 1908
- ^ The London Gazette, issue 45663, 4 May 1972
- ^ The London Gazette, issue 48565, 26 March 1981
- ^ The London Gazette, issue 50714, 12 November 1986
- ^ The London Gazette, issue 13362, 15 November 1971
- ^ The London Gazette, issue 21214, 30 May 1851
- ^ The London Gazette, issue 26143, 13 March 1891
- ^ The London Gazette, issue 29434, 11 January 1916
- ^ The London Gazette, issue 15478, 8 May 1802
- ^ The London Gazette, issue 16826, 18 December 1813
- ^ The London Gazette, issue 46943, 24 June 1976
[edit] External links
- The Duchy of Cornwall website
- The Duchy of Cornwall details
- Duchy Originals the Duchy's organic produce brand
- Guardian Unlimited article
- Celtic Frontier or County Boundary? Competing discourses of a late nineteenth century British border
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