A Conversation for CELTIC DEVON
Some info on the Duchy
TheCornishRep Started conversation Nov 5, 2011
It seems that the tissue of lies woven by the Duchy of Cornwall, and the various UK governments that have conspired with it over the years, is starting to unravel. For years now, contrary to the research we have undertaken, Cornish campaigners have been told by the Duchy and successive governments that the Duchy of Cornwall is simply a private estate, a collection of properties, and not a public body.
Perhaps the first nail in the coffin of this lie has been nailed home: http://www.guardian.co.uk/uk/2011/nov/01/prince-charles-secret-fiefdom
Tribunal judge says Duchy of Cornwall is a public authority, not a private estate: http://www.guardian.co.uk/uk/2011/nov/03/prince-charles-duchy-environment
Over the years, on many a forum, I've encountered those who have been quick to claim the Duchy is but a private estate. To all those sock puppets, trolls and stooges - some in the pocket of the Duchy/establishment, and some, no doubt, simply gullible - well I think you can imagine what I'd like to say to you all
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Oll an gwella
Some info on the Duchy
Plymouth Exile Posted Nov 5, 2011
TheCornishRep,
It has been obvious for a very long time that the Duchy of Cornwall is far more than a private estate. As one of your links points out:-
“As Duke of Cornwall, Charles has the right to summon Cornwall's Stannary Parliament and appoint its high sheriff. He also enjoys the right of wreck and the right to collect bona vacantia – the estates of those who die intestate in Cornwall.”
No private estate would have such rights within Cornwall. However, you (and others) have used this as evidence that the County of Cornwall and the Duchy of Cornwall are coterminous. This ignores the fact that over half of the Duchy landholding is in Devon. This is not land acquired by the Duchy after its establishment, as it was specified in the original 1337 charter (having been part of the previous Earldom, together with the 17 Cornish manors also specified in the charter):-
“The castle and manor of Lydeford, with the appurtenances, and with the chace of Dartmore, with the appurtenances, in the said county of Devon ; and the manor of Bradenash, with the appurtenances, in the same county.”
Also in the link it is stated that:-
"This decision will lead to better environmental protection of 180 miles of coastline, 54,000 hectares of land, most of the Isles of Scilly, 1,700 hectares of woodland and most of Cornwall's rivers, all of which are owned by the Duchy of Cornwall.”
Apart from the fact (stated above) that over half of the 54,000 hectares of Duchy land are in Devon (27,900 hectares), the Duchy has coastline (foreshore), and riverbed rights in Devon also:-
Statutory Instrument 1992 No 2902, Schedule 2, Rule 3(2)
Persons to be served with notice of intended application concerning:-
1. Works affecting the foreshore below mean high water spring tides, tidal waters, or the bed of, or the subsoil beneath tidal waters.
2. Works affecting the banks or the bed of, or the subsoil beneath, a river.
In or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall is to be served with notice of intended application.
Note:-
Rule 3 (which introduces Schedule 2) provides for the notification of certain bodies having statutory responsibilities in particular areas of the prospective applicant's intention to make an application.
This clearly indicates that the Duchy also has certain rights in Devon outside of its extensive areas of landholding, which would not be the case if the Duchy was a private estate. Another extract from the 1337 Duchy charter states:-
“And also our stannary in the aforesaid county of Devon, with the coinage, and all issues and profits of the same; and also, with the explees, profits, and perquisites of the courts of the same stannary, and the water of Dartmouth, in the same county, and the annual ferm of twenty pounds of our city of Exeter, and our prisages and customs of wines in the water of Sutton, in the same county of Devon.”
The Duke of Cornwall has the right to summon Devon’s Stannary Parliament as well as Cornwall’s Stannary Parliament, and obtain coinage (tax) from the same. Also the mention of other explees, profits, perquisites, presages and customs in Devon, is sufficient to make it quite clear that Duchy rights in Devon (as well as Cornwall) extend well beyond the areas of Duchy landholding.
Of course those Cornish, who insist that the county and Duchy are coterminous, conveniently forget to mention the landholding and rights of the Duchy in Devon and other areas outside of the County of Cornwall.
Some info on the Duchy
Ozzie Exile Posted Nov 7, 2011
I agree with both of the postings above to the extent that the Duchy is clearly not just a private estate.
It is also self evident (as Plymexile points out) that the rights of the Duchy within Devon go far beyond a private estate, clearly providing rights that would normally and otherwise belong with the Crown.
However, I do ask myself what practical use this is to those aspiring to independence when it has always been an entitlement of the Sovereign's first born prince.
Since it's formation it has always been so. If it represented something else from a era even earlier then that is poorly documented.
The Duchy may have unique powers, but how can you remove the power from the English royal family and still have something meaningful ? Perhaps only a rebellion within the Royal family perhaps, with Charles finally losing his patience ???
If that doesn't happen, then how could the powers pass to the people of Cornwall (and Devon).
And if if the powers did ever devolve, and let us say (hypothetically) to the Cornish, Devonians might ask whether they would prefer the prince or the Cornish as landlords.
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Some info on the Duchy
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