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| The Duchy of Cornwall - A very Peculiar 'private estate' |
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Page 1 of 5 John Kirkhope investigates the irregularities of The Duchy Cornwall has a unique legal history. Stannary law, a legal system exclusive to Cornwall, is still formally part of the law of Britain and one of the oldest; it predates the Norman Conquest and possibly even the Anglo Saxons. As a practicing lawyer and someone with a passionate interest in history I decided to combine my enthusiasms and set about writing a book provisionally titled Cornish Law something that had not been done before. It is interesting to note one could not imagine writing a book entitled say Berkshire Law or Somerset Law. I have spent some time considering the Duchy of Cornwall, its establishment and development. As part of that process, I have read the papers relating to the Cornwall Foreshore Case (a legal arbitration between The Duchy of Cornwall and The Crown over the ownership of the Cornish foreshore) and have been struck by the claims once made for the Duchy and the claims made for the Duchy now.  The Imposing Duchy of Cornwall, 10 Buckingham Gate, London. Perhaps the truth on the rightful constitution of Cornwall lies within its walls? Picture by Matt Somerville. In the summary to the Duchy submissions in 1855 it was claimed on behalf of the Duchy: “That the Duchy Charters have always been construed and treated, not merely by the Courts of Judicature, but also by the Legislature of the Country, as having vested in the Dukes of Cornwall the whole of the territorial interest and dominion of the Crown in and over the entire County of Cornwall.” Even further back in 1584 John Norden in his Description of Cornwall stated: “High Highness, by this honour is privileged with sundry jurisdictions and Royalties. The benefit arising by minerals as of gold silver tin and such like…having within his government a peculiar parliament. Moreover appointeth all officers as the sheriff, an officer of greatest command, being vicegovernor of the shyre.” In contrast, Duchy of Cornwall now claims it is a ‘well managed private estate’. One cannot judge if it is well managed, but what I can say is that if it is a private estate it is a private estate with a unique array of rights and privileges not available to other similar private estates. The Duchy once had an impressive array of regalian, or Royal rights; for example the right of ‘prisage of wine’, the right of ‘great customs of wools, wool-fels and leather’ and the right to ‘seize and confiscate enemies ships in times of war’. A surprising number of these ancient rights have survived and are still exercised by the Duchy. Despite their strange-sounding names they provide the Duchy and the Duke with considerable benefits. The following is not an exhaustive list but amongst the rights which remain are: |
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