BRINGING THE DUCHY OF CORNWALL WITHIN THE LAW
The Stannaries are claimed as the property of the Duke of Cornwall by charters. The first of 1337 was published in 1978 as Statutes in Force, Constitutional law. The second and third Duchy of Cornwall charters of 1337 and 1338 give the Duke the powers of: “The King’s Writ and Summons of Exchequer” throughout
Lord Coke, in “The Princes Case” 1606, ruled that the transfer of property could not be exercised by charter alone. Whereupon, he contended that only the three Duchy of Cornwall Charters were to be classified as Acts of Parliament. There is no entry in the Parliamentary records between 1330 and 1340 to substantiate this exceptional claim. It is possible that the claim of the Imperial Parliament to ‘sovereignty’ is asserted in order to legitimise English bias as a right to any claim to the property of the subject made by the Crown. The present powers of the Duke of Cornwall in respect of control over Acts of Parliament are to be found in the standing Orders of the Westminster Parliament No. 7.178. The powers of the Duke of Cornwall to “control or intervene” in the judicial process are to be found in the Crown Proceedings Act 1947, section 40 (2g). Even so, the unrepealed Royal Mines Act 1688 specifically states that no tin mine shall be a royal mine. This Act has been ignored by successive Dukes of Cornwall in
Lord Coke, in his ‘Case of the Stannaries’1606, does concede: “base mines (includes tin) belong to the subject but the tin in
Clearly, these otherwise unjustifiable manipulations of the law were acceptable to English people then, just as currently, the absence from English law of the world wide constitutionally enforceable right to equality before the law is accepted to protect the Duchy of Cornwall from an effective legal challenge. The Duke of Cornwall acquired a fortune from Cornish tin, and thus, English people were, and are still, absolved from sharing the responsibility of paying, through taxation, for their enjoyment of the privilege of having an heir to the throne.
Do you agree that the Duke and Duchy of Cornwall should be made subject to equality before the law and that English people should begin, after over six centuries, to pay for the maintenance of the heir to the throne? In addition, do you accept that Cornish people have the right to recover ownership of their mineral resources from the Duchy of Cornwall and to re-instate their traditional Stannary Parliament under the provisions of international law?
Oll an gwella