Duchy of Cornwall

The Duchy of Cornwall is one of two royal duchies serving as property-owning estates, the other being the Duchy of Lancaster. The Duchy of Cornwalll provides an income for the heir to the throne, while the Duchy of Lancaster is in the hands of the Queen.

The eldest son of the reigning monarch inherits automatically by law the title "Duke of Cornwall" and with it possession of the duchy; this may be at birth or on his parent's succession to the throne. He may not sell assets for personal benefit and has limited rights and income as a minor. If the monarch has no male children, the rights and responsibilities of the duchy belong to The Crown and there is no Duke. The current Duke of Cornwall is therefore Prince Charles, the Prince of Wales.

The principal activity of the duchy is the management of its land totalling 135,000 acre. Nearly half of the holdings are in Devon, with other large holdings in Cornwall (including almost all of the Isles of Scilly), Herefordshire and Somerset. The duchy also has an extensive financial investments portfolio.

The Duchy Council meets twice a year. The duchy also exercises certain legal rights and privileges across Cornwall, including some that elsewhere belong to the Crown, for example the escheat of heirless lands in Cornwall. For the County, the Duke appoints a number of officials and is the port authority for the main harbour of the Isles of Scilly.

History

The duchy was established on 17 March 1337 by the Royal Great Charter out of the former Earldom of Cornwall by King Edward III for his son, Edward, Prince of Wales, the "Black Prince", who became the first Duke of Cornwall. A few more charters were issued by Edward III regarding the duchy. The duchy consisted of two parts: the title and honour, and the landed estate that supported it financially. The core of the estate at its foundation was the 17 duchy manors found within the county, though much of the estate has always been outside Cornwall. The duchy maintains a special relationship with Cornwall neverthelss, and maintains various rights uniquely within the county, such as that of appointing the county's High Sheriff.

The extent of the estate has varied as various holdings have been sold and acquired over the years, both within Cornwall and also in other counties.

The Black Prince ordered a survey of his estates called "The Caption of Seisin of the Duchy of Cornwall" in May 1337 to determine the extent Duchy holding of the Cornish land including manors, castles, knights's fees, profits of the Stannary Courts, shrievalty of Cornwall and other revenues. The Caption also included borough surveys, some burgesses lists, claims to liberties, charter copies and free tenant and villeinage censuses. The whole provides a valuable historical record of its time.

A charter granted by King Henry IV to his son Henry (later Henry V) declares:

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.

By this charter, all the manors of the earldom passed to the duchy and are known as the Antiqua maneria while those manors outside Cornwall but attached to the duchy, but not consider a part of the duchy but as the prince's land, by the creation charter are known as the forinseca maneria (foreign manors). Additional incorporated estates were called the annexata maneria by the seventeenth-century.

On the death of King Charles I in 1649, all Crown lands including the Duchy of Cornwall came under the control of Parliament. This lasted until the restoration of King Charles II in 1660.

Modernity

In 1975, Prince Charles established the Duke of Cornwall’s Benevolent Fund to benefit south west communities, with revenue coming from the net proceeds from bona vacantia in Cornwall.

From 1988, the ducal estate, west of Dorchester in Dorset was developed as a new town known as Poundbury, developed according to the Prince's own principles of design and architecture.

In 1992, the Duchy Originals company was set up to use produce from farms on the ducal estate, with some proceeds going to the Prince of Wales's charities. Duchy Originals was licensed out to Waitrose in 2009 after losses in 2008.

In 2013, the Duchy's office in Cornwall moved from Liskeard to Restormel Manor's old farm buildings. In 2014, the Duchy purchased the southern half of the Port Eliot estate from Lord St Germans. By 2015, Prince William, had started attending the twice-yearly Duchy Council.

Property

The portfolio office at Newton St Loe near Bath

By the seventeenth century, the Ducal estates were classified as being a part of one of three groups:

1. Antiqua maneria, the ancient manors of the Earl within Cornwall
2. forinseca maneria (foreign manors), those manors outside Cornwall but attached to the duchy, but not considered a part of the duchy but as the prince's land, by the creation charter
3. annexata maneria, or annexed manors, those manors added to the Duchy holdings

The duchy owns (205.1 square miles (531.3 km²), including farming, residential, and commercial properties, as well as an investment portfolio. In modern times, the considerable income from the duchy has been the primary source of income for the Prince of Wales, both as to personal funds and public and charitable work.

forinseca maneria
type	name
honour]]	Berkhamsted
	St. Valery
	Wallingford
Manor	Byfleet
fee-farm	Exeter
manor	Lydford
chace (forest)	Dartmoor (part of Lydford)
manor and Borough	Bradninch
Water and River	Dartmouth
manor	Meere
	Knaresborough
	Castle Rising
	Cheylesmore
	Kennington
	Fordington

The duchy was created with the express purpose of providing income to the heir apparent to the throne. This heir, the Duke of Cornwall has the 'interest in possession' of the duchy's assets (such as estates) which means they enjoy its net income, do not have its outright ownership and do not have the right to sell capital assets for their own benefit.

Most property is tenanted out, particularly farm land, while the forest land and holiday cottages are managed directly by the Duchy. The estate's holiday cottage business is centered on Restormel Manor, near Lostwithiel. The Duchy owns The Oval cricket ground in London, which was built on land in Kennington that formed part of the original Duchy estate. The Duchy has ventured into planned development with Poundbury, near Dorchester in Dorset.

Legal status and additional rights

Both the Duchy of Cornwall and 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 and escheat, the right to ownerless property, operate in favour of the holders of the duchies rather than the Crown, such that the property of anyone who dies in the county of Cornwall without a will or identifiable heirs, and assets belonging to dissolved companies whose registered office was in Cornwall, pass to the duchy. In 2007, £130,000 was realised from the right of bona vacantia, and given to a charitable fund. The duke owns freehold about three-fifths of the Cornish foreshore and the 'fundus', or bed, of navigable rivers and has right of wreck on all ships wrecked on Cornish shores, including those afloat offshore, and also to "Royal fish", i.e. whales, porpoises, and sturgeon.

The Duchy of Cornwall is the Harbour Authority for St Mary's Harbour. There are separate attorneys-general for the duchies. The High Sheriff of Cornwall is appointed by the Duke of Cornwall, not the monarch. The duke had a ceremonial role in summoning the Cornish Stannary Parliament, albeit that the parliament has not sat for centuries.

Historically all justices of the Assizes who visited Cornwall were also permanent members of the Prince's Council which oversees the Duchy of Cornwall and advises the Duke. There are on record at least three instances in which the prince overruled the king by instructing his officials to ignore or disobey orders issued to them by the King's Chancery.

Coat of arms

Coat of arms

The armorial bearings of the Duchy of Cornwall are as follows:

Arms: Sable, fifteen bezants, five, four, three, two, one.

Supporters: On either side, a Cornish chough proper supporting an ostrich feather Argent, penned Or.

Motto: Houmont (or Houmout), meaning courage.

The heraldic shield is ensigned with the Heir Apparent's coronet. The supporters were granted by Royal Warrant of 21 June 1968.

Offices

• Attorney-General
• Auditor
• Chancellor (Keeper of the Great Seal)
• Lord Steward, High Steward or Seneschal
• Vice-Admiral of the Duchy of Cornwall
• High Sheriff of Cornwall
• Keeper of the Privy Seal
• Keeper of the Records
• Lord Warden of the Stannaries
• Receiver-General
• Solicitor-General
• Surveyor-General
• Vice-Warden of the Stannaries
• Cornwall Herald

See also

• Duchy of Lancaster

Outside links

• Duchy of Cornwall
• Duchy of Cornwall St Mary's Harbour in Scilly

Further reading

• Kirkhope, John (2013) The Duchy of Cornwall: a feudal remnant? : an examination of the origin, evolution and present status of the Duchy of Cornwall. Ph.D. thesis, University of Plymouth