Abstract
The duchy of Lancaster is one of two duchies left in England – the other being the duchy of Cornwall. Lancaster was likely an honour prior to 1066; it became a county palatine in 1267 and a duchy in 1351. As such, it has been held by the sovereign separate to the Crown – a legal estate which passes from one sovereign to another as a form of inheritance. The purpose of this article is to consider the legal status of the duchy in modern times. Also, the various Crown prerogatives which have been franchised to it as well as other privileges it has acquired over the centuries. This article concludes that the duchy should be abolished and its property transferred to the Crown Estate, since it no longer has any true legal purpose.This would not only be to the benefit of the sovereign, it would ensure easier administration, greater financial clarity and the abolition of obsolete laws,courts and sinecures.
Highlights
The duchy of Lancaster is one of two duchies left in England – the other being the duchy of Cornwall
The various Crown prerogatives which have been franchised to it as well as other privileges it has acquired over the centuries
This article concludes that the duchy should be abolished and its property transferred to the Crown Estate, since it no longer has any true legal purpose.This would be to the benefit of the sovereign, it would ensure easier administration, greater financial clarity and the abolition of obsolete laws,courts and sinecures
Summary
Baines (writing in 1888) stated: In each successive reign, from the period when Henry of Bolingbroke ascended the throne of this kingdom [i.e. 1399] to the present time, with the exception of the interregnum of the Commonwealth, the sovereigns of England have enjoyed the title of duke and the revenues of the duchy of Lancaster, both of which are in possession of our gracious sovereign, and will descend as an inalienable within the county of Lancaster or without parcel of the duchy (the royal and polick capacity of the king not being altered)’. 60 The Act of Settlement 1700 passes to the reigning sovereign (descending from Princess Sophia referred to in the Act) all ‘honours, styles, titles, regalities, prerogatives, powers, jurisdiction and authorities belonging or appertaining to the Crown and regal government’ This would include the title of Duke of Lancaster, the jura regalia (prerogatives)| given to the county palatine and the jurisdiction of the duchy. The sovereign holds the duchy of Lancaster (including the county palatine) in a political - that is,in an official capacity - only
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