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The banner of the Duchy of Cornwall.
The banner of the Duchy of Cornwall.
The arms of the Duchy of Cornwall.
The arms of the Duchy of Cornwall.

The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchies in England. The Duchy of Lancaster is one of the two Royal Duchies in England, the other being the Duchy of Cornwall, and is the personal (inherited property of the A duchy is a territory fief, or domain ruled by a Duke or Duchess. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The true nature of the duchy, and whether it should be considered to be in England, is a matter of dispute within Cornwall. Cornwall ( Kernow ˈkɛɹnɔʊ is the most southwesterly county of England, on the Peninsula that lies to the west of the River Tamar The eldest son of the reigning monarch is automatically the Duke of Cornwall. The Dukedom of Cornwall was the first Dukedom created in the Peerage of England. 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. Devon is a large county in the South West of England. The county is also referred to as Devonshire, but that is an entirely unofficial name Cornwall ( Kernow ˈkɛɹnɔʊ is the most southwesterly county of England, on the Peninsula that lies to the west of the River Tamar Constitution Herefordshire was reconstituted both as a new Non-metropolitan district (effective 19th July 1996 and as a new County comprising the area of the Somerset ( or) is a county in south west England The County town is Taunton, which is in the south of the county [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. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government A tax exemption is an exemption from all or certain Taxes of a state or nation in which part of the taxes that would normally be collected from an individual or an organization Throughout this article the unqualified term "pound" and the £ symbol refer to the United Kingdom pound. Taxation in the United Kingdom may involve payments to a minimum of two different levels of government The central government ( Her Majesty's Revenue and Customs) 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. HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing 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. Valet and Varlet are terms for Male servants who serve as personal attendants to their employer Clarence House is a royal home in London, situated on The Mall. Highgrove House is the country home of HRH The Prince of Wales, in Gloucestershire, England. Detailed records are kept to determine the split between public and private expenditure.

Contents

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. The constitutional status of Cornwall, in the southwest of the United Kingdom, is the subject of ongoing debate The Cornish people (Kernowyon are regarded as an Ethnic group of the United Kingdom originating in Cornwall. The Cornish Foreshore Case was a case of arbitration between The Crown and the Duchy of Cornwall in 1854-1858 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". Cornwall as a territorial Duchy has its roots in 1068 when the Earldom of Cornwall (Comitatus Cornubiæ was formed and existed until 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. The Stannary Parliaments and Stannary Courts were legislative and legal institutions in Cornwall and in West Devon (in the Dartmoor area In addition the Treasury Solicitors agency for Bona Vacantia Division considers The Duchy of Cornwall to comprise the County of Cornwall. Bona vacantia ( Latin for "vacant goods" is a Common law Doctrine in the United Kingdom under which ownerless property passes by law [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. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States 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 Royal Commission on the Constitution, also referred to as the Kilbrandon Commission (initially the Crowther Commission) or Kilbrandon Report, was a See also- The Kilbrandon Report for the Royal Commission on the UK Constitution Charles James Dalrymple Shaw Baron Kilbrandon ( 15 August

The Duchy was established in 1337 by Edward III of England for his son, Edward, Prince of Wales. Edward III (13 November 1312 &ndash 21 June 1377 was one of the most successful English monarchs of the Middle Ages. Edward of Woodstock, Prince of Wales, KG (15 June 1330 – 8 June 1376 popularly known as The Black Prince, was the eldest son of King Edward 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. Henry IV (3 April 1367 &ndash 20 March 1413 was King of England and Lord of Ireland (1399&ndash1413 Henry V (16 September 1386 &ndash 31 August 1422 was one of the most significant English warrior kings of the 15th century 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. Events 45 BC - In his last victory Julius Caesar defeats the Pompeian forces of Titus Labienus and Pompey the Younger 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. The title of Earl of Cornwall was created several times in the Peerage of England before 1337, when it was superseded by the title Duke of Cornwall 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:

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). The Duchy of Lancaster is one of the two Royal Duchies in England, the other being the Duchy of Cornwall, and is the personal (inherited property of the Bona vacantia ( Latin for "vacant goods" is a Common law Doctrine in the United Kingdom under which ownerless property passes by law Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government There are separate Attorneys General for the Duchies. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition 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. Edmund Burke ( 12 January, 1729 9 July, 1797) was an Irish statesman author orator Political theorist, and

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.

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". Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome.

A revised Government translation states that the King's son is "Duke of Cornwall in the Kingdom of England" (Halsbury's Laws 1973). Halsbury's Laws of England is a definitive encyclopedic treatise on the laws of England published by LexisNexis Butterworths.

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". Events 597 BC - Babylonians capture Jerusalem, replace Jehoiachin with Zedekiah as king

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. Events 45 BC - In his last victory Julius Caesar defeats the Pompeian forces of Titus Labienus and Pompey the Younger 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. Events 37 - The Roman Senate annuls Tiberius ' will and proclaims Caligula emperor Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon. The Exchequer was (and in some cases still is a part of the governments of England (latterly to include Wales) Scotland, and Northern Ireland

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. The Liberal Democrats, often shortened to Lib Dems, are a liberal Political party in the United Kingdom, formed in 1988 by merging the Andrew Henry George (born 2 December 1958 British Politician. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories

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. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The Stannary Parliaments and Stannary Courts were legislative and legal institutions in Cornwall and in West Devon (in the Dartmoor area The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights On 13 April 2006 the Court stated that it: "will deal with the case as soon as practicable". Events 1111 - Henry V is crowned Holy Roman Emperor. 1204 - The Fourth Crusade sacks Constantinople Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar.

Offices

Lord Warden of the Stannaries

Chancellor (Keeper of the Privy Seal)


Receiver-General

Attorney-General

Surveyor-General

Keeper of the Records

Auditor

Solicitor-General

References

  1. ^ Guardian -Jan 2005 - The prince of property and his £460m business empire
  2. ^ Celtic Frontier or County Boundary? Competing Discourses of s Late Nineteenth Century British Border. by Bernard Deacon
  3. ^ Bona Vacantia - See Jusrisdiction
  4. ^ Duchy of Cornwall details
  5. ^ Letter from the House of Commons Library to Andrew George MP, dated 16 July 1997
  6. ^ a b The London Gazette, issue 15888, 8 February 1806
  7. ^ a b c The London Gazette, issue 17111, 17 February 1816
  8. ^ a b c d The London Gazette, issue 20226, 19 May 1843
  9. ^ The London Gazette, issue 21303, 23 March 1852
  10. ^ The London Gazette, issue 21408, 4 February 1853
  11. ^ The London Gazette, issue 22097, 16 February 1858
  12. ^ The London Gazette, issue 22116, 23 March 1858
  13. ^ The London Gazette, issue 22281, 1 July 1859
  14. ^ a b The London Gazette, issue 22702, 27 January 1863
  15. ^ The London Gazette, issue 22991, 14 July 1865
  16. ^ The London Gazette, issue 23672, 28 October 1870
  17. ^ The London Gazette, issue 27294, 15 March 1901
  18. ^ The London Gazette, issue 28004, 15 March 1907
  19. ^ The London Gazette, issue 33960, 14 July 1933
  20. ^ a b The London Gazette, issue 9070, 25 June 1971
  21. ^ The London Gazette, issue 15679, 28 February 1804
  22. ^ The London Gazette, issue 16140, 26 April 1808
  23. ^ The London Gazette, issue 17289, 27 September 1817
  24. ^ The London Gazette, issue 22629, 27 May 1862
  25. ^ The London Gazette, issue 23097, 6 April 1866
  26. ^ The London Gazette, issue 24633, 15 October 1878
  27. ^ The London Gazette, issue 25253, 24 July 1883
  28. ^ The London Gazette, issue 25868, 23 October 1888
  29. ^ The London Gazette, issue 28190, 30 October 1908
  30. ^ The London Gazette, issue 33520, 26 July 1929
  31. ^ The London Gazette, issue 52356, 6 December 1990
  32. ^ a b The London Gazette, issue 13497, 26 January 1793
  33. ^ a b The London Gazette, issue 15778, 5 February 1805
  34. ^ a b The London Gazette, issue 16619, 30 June 1812
  35. ^ The London Gazette, issue 17481, 29 May 1819
  36. ^ The London Gazette, issue 23968, 18 April 1873
  37. ^ The London Gazette, issue 24502, 11 September 1877
  38. ^ The London Gazette, issue 24523, 20 November 1877
  39. ^ The London Gazette, issue 26259, 19 February 1892
  40. ^ The London Gazette, issue 26644, 16 July 1895
  41. ^ The London Gazette, issue 29398, 10 December 1915
  42. ^ The London Gazette, issue 32803, 6 March 1923
  43. ^ The London Gazette, issue 33403, 13 June 1928
  44. ^ The London Gazette, issue 33821, 29 April 1932
  45. ^ a b The London Gazette, issue 53809, 4 October 1994
  46. ^ The London Gazette, issue 55140, 29 May 1998
  47. ^ The London Gazette, issue 58161, 23 November 2006
  48. ^ The London Gazette, issue 9070, 25 June 1751
  49. ^ The London Gazette, issue 16158, 28 June 1808
  50. ^ The London Gazette, issue 20961, 27 March 1849
  51. ^ The London Gazette, issue 23990, 20 June 1873
  52. ^ The London Gazette, issue 25635, 19 October 1886
  53. ^ The London Gazette, issue 28122, 24 March 1908
  54. ^ The London Gazette, issue 45663, 4 May 1972
  55. ^ The London Gazette, issue 48565, 26 March 1981
  56. ^ The London Gazette, issue 50714, 12 November 1986
  57. ^ The London Gazette, issue 13362, 15 November 1971
  58. ^ The London Gazette, issue 21214, 30 May 1851
  59. ^ The London Gazette, issue 26143, 13 March 1891
  60. ^ The London Gazette, issue 29434, 11 January 1916
  61. ^ The London Gazette, issue 15478, 8 May 1802
  62. ^ The London Gazette, issue 16826, 18 December 1813
  63. ^ The London Gazette, issue 46943, 24 June 1976

External links

Sir Edward Smirke, (1795–1875 Lawyer and Antiquary, third son of Robert Smirke, and brother of Sir Robert Smirke, and of Sydney Smirke Sir (Marsom Henry Boyd-Carpenter, KCVO was born 11 October 1939 son of Francis Henry Boyd-Carpenter and Nina Boyd-Carpenter (née Townshend The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the UK in which certain Events 421 - Constantius III becomes co- Emperor of the Western Roman Empire. 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