Duke of Cornwall

by Susan Flantzer

History

The first Duke of Cornwall, Edward the Black Prince, Prince of Wales in his Garter robes, illustration from the 15th-century Bruges Garter Book; Credit – Wikipedia

Cornwall is a county in southwest England in the United Kingdom. Originally an Anglo-Saxon settlement of Britain, Cornwall became part of the separate Kingdom of Dumnonia and eventually, it became part of the Kingdom of England. After the Norman Conquest in 1066, the new rulers of England felt it was important to create men they could trust as Earls of Cornwall and so quite a few Earls of Cornwall were sons of Kings, both legitimate and illegitimate, and other relatives of Kings of England.

Earls of Cornwall

• Brian de Bretagne (circa 1040-1084), a Norman noble who fought for William I of England (the Conqueror)
• Robert, Count of Mortain (circa 1038–1095), half-brother of William I of England
• William, Count of Mortain (1084–1140), son of Robert, Count of Mortain
• Alain de Bretagne (died 1146), nephew of Brian de Bretagne
• Reginald de Dunstanville (circa 1110 – 1175), illegitimate son of King Henry I of England
• John de Dunstanville (died after 1175), son of Reginald de Dunstanville
• Baldwin de Redvers (circa 1160 – 1188), nephew of Reginald de Dunstanville
• Henry FitzCount (circa 1175–1222), uncle of Reginald de Dunstanville
• Richard, Earl of Cornwall (1209–1272), second son of King John of England
• Edmund, Earl of Cornwall (1249–1300), son of Richard, Earl of Cornwall
• Piers Gaveston, (1284–1312), a favorite of King Edward II of England
• John of Eltham, Earl of Cornwall (1316–1336), second son of King Edward II of England

To provide financial support for the heir to the throne, on March 17, 1337, the Earldom of Cornwall was made into the Duchy of Cornwall via the Royal Great Charter by King Edward III of England for his son, Edward, Prince of Wales (the Black Prince), who became the first Duke of Cornwall. By the terms of the charter, the eldest living son of the reigning British Sovereign, if he is the heir apparent, automatically inherits possession of the Duchy of Cornwall and title of Duke of Cornwall at birth or when his parent succeeds to the throne. The charter can be seen in English at the link below followed by the original charter in Latin, its original language:

• legislation.gov.uk: A Charter of 1337

Specifics about the Duchy of Cornwall

Part of the Dartmoor Estate in Devon, England owned by the Duchy of Cornwall; Credit – https://duchyofcornwall.org

There has not always been a Duke of Cornwall because the heir to the throne is not always the eldest living son of the Sovereign. Also, someday in the future, it is likely that there will be a female heir apparent to the British throne. The Succession to The Crown Act 2013, which formally went into effect on March 26, 2015, put in place absolute primogeniture, which means that for those born after October 28, 2011, the eldest child born becomes the heir to his or her parent, regardless of gender

The rights of the Duke of Cornwall still rely on medieval legislation and the 1337 charter is clear that the Duke of Cornwall must be the eldest living son of the Sovereign. Therefore, to have a Duchess of Cornwall who has rights to the Duchy of Cornwall, there must be legislation to change the original charter.

Today, the Duchy of Cornwall manages land holdings of 135,000 acres in 23 counties in England and Wales. The principal activity of the Duchy is the sustainable, commercial management of its land and properties. The duchy also has a portfolio of financial investments. The income of the Duchy of Cornwall can be used by the Duke of Cornwall. The current Duke of Cornwall, Charles, Prince of Wales, chooses to use the income to fund his public, charitable and private activities and those of his family. Currently, his wife, the Duchess of Cornwall, and his sons and their wives, the Duke and Duchess of Cambridge and the Duke and Duchess of Sussex, all have their official and private expenses paid from Duchy income.  While the Duke of Cornwall can use the income from the Duchy, he does not have the Duchy’s outright ownership and cannot sell any of its assets.

• Official Website: The Duchy of Cornwall

If, and when, the current Prince of Wales accedes to the throne, Prince William will automatically become Duke of Cornwall because he will be the Sovereign’s eldest living son. If the current Prince of Wales predeceases his mother Queen Elizabeth II then Prince William will become the heir apparent. While he could be created Prince of Wales because he would be the heir apparent, Prince William could not be Duke of Cornwall because he would not be the eldest living son of the Sovereign, Queen Elizabeth II. In that case, there would be no Duke of Cornwall.

When the Sovereign has no son or the heir apparent is not the eldest living son of the Sovereign, the Duchy of Cornwall reverts to The Crown. The Sovereign Grant Act 2011 instituted some changes regarding the Duchy’s income. When the Duchy of Cornwall is vested in The Crown for any period in a financial year, the amount of the Sovereign Grant, the payment which is paid annually to the Sovereign by the government to fund the Sovereign’s official duties, is reduced by an amount equal to the income of the Duchy of Cornwall for the relevant period. Also, the Treasury will pay a grant to any person who is the heir to the throne in the relevant period. If the heir to the throne is 18-years-old or older, the grant paid will be equal to the amount by which the Sovereign Grant is reduced for that period. If the heir to the throne is under 18-years-old, the grant paid will be equal to 10% of the amount by which the Sovereign Grant is reduced for that period.

• legislation.giv.uk: Text of Sovereign Grant Act 2011 relating to Duchy of Cornwall income and the grant to the heir to the throne

Dukes of Cornwall

HRH Thr Prince of Wales is the current Duke of Cornwall; Credit – Wikipedia

(Years after the names are birth and death years, names in bold became King)