Duchy of Lancaster

Lancashire County Palatine shown within England; this map does not correspond to the landholdings of the Duchy of Lancaster, however.

As the Lancaster inheritance, the estate dates to 1265, when Henry III granted his younger son, Edmund Crouchback, lands forfeited by Simon de Montfort, Earl of Leicester.[7] In 1266, the estates of Robert de Ferrers, 6th Earl of Derby,[8] another protagonist in the Second Barons' War, were added. In 1267 the estate was granted as the county, Honour and Castle of Lancaster.[7] In 1284 Edmund was given the Manor of Savoy near London by his mother, Eleanor of Provence, the niece of the original grantee, Peter II, Count of Savoy.[7] Edward III raised Lancashire into a county palatine in 1351, and the holder, Henry of Grosmont, Edmund's grandson, was created Duke of Lancaster.[7] After his death a charter of 1362 conferred the dukedom on his son-in-law John of Gaunt, Earl of Lancaster, and the heirs male of his body lawfully begotten for ever.[7]

In 1399 the Duchy of Lancaster, held by John of Gaunt's son Henry of Bolingbroke, merged with the crown on his appropriation of the throne (after the dispossession from Richard II). His first act as Henry IV was to declare that the Lancastrian inheritance be held separately from the other possessions of the Crown, and should descend to male heirs.[7] This separation of identities was confirmed in 1461 by Edward IV when he incorporated the inheritance and the palatinate responsibilities under the title of the Duchy of Lancaster, and stipulated that it be held separate from other inheritances by him and his heirs, but would however be inherited with the Crown, to which it was forfeited on the attainder of Henry VI.[9] The Duchy thereafter passed to the reigning monarch. On the death of King Charles I, the duchy came under the control of Parliament; this lasted until the restoration of King Charles II in 1660.[10] In 1760, its separate identity preserved it from being surrendered with the Crown Estates in exchange for the civil list. It is primarily a landed inheritance belonging to the reigning sovereign (now Charles III). When George III surrendered his income from Crown lands in exchange for the Civil List, the Duchy of Lancaster was not mentioned at all as it was bankrupt for most of the century, due to previous monarchs selling its assets or granting leases for political favours.[11] The monarch now does not have the right to sell off the capital assets for personal gain.[10]

In 1830, the Whigs argued that revenues from the two duchies of Lancaster and Cornwall should go to the public, but to secure King William IV's support for the Reform Act 1832 they eventually approved the civil list and left the duchies in possession of the royal family.[11] The Parliament debated the two duchies' ownership multiple times, including when Queen Victoria and King Edward VII ascended the throne, respectively.[11] In 1936, leader of the opposition Clement Attlee introduced an amendment to the civil list bill which would have seen the duchies surrendered in exchange for an adjusted annual sum of money tied to the actual cost of royal functions, but the amendment was defeated.[11] In 1971, a private member's bill to nationalise the duchy was defeated, but more than 100 MPs supported it.[10]

In 2011, the Duchy established a rebalancing asset plan and sold most of the Winmarleigh estates farms in Lancashire, and donated a plot of land to the Winmarleigh Village Hall committee by June 2012.[12][13]

In 2017, the Paradise Papers revealed that the Duchy held investments in two offshore financial centres, the Cayman Islands and Bermuda. Both are British Overseas Territories of which Queen Elizabeth II was monarch, and the governors of those territories were nominally her appointees. While Bermuda has been self-governing since 1620, the internal autonomy of the Cayman Islands is informal; also, Britain handles the foreign policy of both territories. Labour Party Leader Jeremy Corbyn posited that the Queen should apologise, saying that anyone who keeps money offshore for tax avoidance purposes should "not just apologise for it, [but] recognise what it does to our society." A spokesman for the Duchy said that all of their investments are audited and legitimate, and that the Queen voluntarily pays taxes on income she receives from Duchy investments.[14] The Duchy's investments were revealed to include First Quench Retailing off-licences and rent-to-own retailer BrightHouse.[15] The palace later stated that offshore investments had been exited by 2019.[11]

The duchy is administered on behalf of the sovereign by the chancellor of the Duchy of Lancaster, a government minister appointed by the sovereign on the advice of the prime minister, and by the clerk of the council.[16] The former position is sometimes held by a cabinet minister, but is always a ministerial post. For at least the last two centuries the duchy has been run by a deputy; the chancellor has rarely had any significant duties pertaining to its management but is available as a minister without portfolio and is answerable to Parliament for the effective running of the estate.[17][18][19][20]

The monarch derives the privy purse from the revenues of the Duchy. The surplus for the year ended 31 March 2015 was £16 million and the Duchy was valued at just over £472 million.[21] Its land holdings are not to be confused with the Crown Estate, whose revenues have been handed to the Treasury since the 18th century in exchange for the receipt of a yearly payment.

The Duchy Council's primary officers carrying out the estate's day-to-day duties are the Clerk of the Council of the Duchy of Lancaster (the Chief Executive Officer), the Chairman of the council, and the Chief Finance Officer.[22] The chancellor is responsible for the appointment of the steward and the barmaster of the barmote courts on behalf of the sovereign in right of the Duchy.[23]

Since the Local Government Act 1972, the monarch in right of the duchy appoints the high sheriffs and lords lieutenant in Greater Manchester, Merseyside and Lancashire.[24]

Both the Duchy of Lancaster and the Duchy of Cornwall have special legal rights not available to other estates held by peers or counties palatine, for example, bona vacantia operates to the advantage of the Duke rather than the Crown throughout the Duchy. Proceeds from bona vacantia in the Duchy are divided between two registered charities.[25][26] Bona vacantia arises, in origin, by virtue of the Royal Prerogative and in some respects remains the position although the right to bona vacantia of the two major categories is now based on statute: Administration of Estates Act 1925[27] and the Companies Act 2006.[28]

The Duchy of Lancaster headquarters office in Lancaster Place, London. It flies the Duchy flag.

The holdings of the Duchy are divided into eight units called surveys: five rural, one urban, one foreshore and one mineral. The rural surveys make up most of the assets and area but the urban survey generates a greater income. The holdings were accrued over time through marriage, inheritance, gift and confiscation, and in modern times by purchase and sale.[4]

As of the financial year ending 31 March 2022, the estate was valued at £652.8 million.[5] The net income of the duchy is paid to the reigning sovereign, and amounts to about £24 million per year.[2][5] As the duchy is an inalienable asset of the Crown held in trust for future sovereigns, the current sovereign is not entitled to the portfolio's capital or capital profits.[2][40] The Duchy of Lancaster is not subject to tax, but as the monarch has voluntarily paid both income and capital gains tax since 1993 income from the duchy is taxed in practice.[22][41]

Revenue surplus or income from the Duchy of Lancaster has increased considerably over time. In 1952, the surplus was £100,000 a year. Almost 50 years later in 2000, the revenue surplus had increased to £5.8M. In 2010, the revenue surplus stood at £13.2M and by 2017, the surplus had grown to £19.2M.[42]

• Clerk of the Council of the Duchy of Lancaster

• Somerville, R. (1936). "The Cowcher Books of the Duchy of Lancaster". English Historical Review. 51: 598–615.
• Somerville, R. (1941). "The Duchy of Lancaster Council and Court of Duchy Chamber". Transactions of the Royal Historical Society. 4th Ser., 23: 159–77.
• Somerville, R. (1946). The Duchy of Lancaster. London.
• Somerville, R. (1947). "Duchy of Lancaster Records". Transactions of the Royal Historical Society. 4th Ser., 29: 1–17.
• Somerville, R. (1951). "Duchy and County Palatine of Lancaster". Transactions of the Historic Society of Lancashire and Cheshire. 103: 59–67.
• Somerville, R. (1953–70). History of the Duchy of Lancaster. 2 vols, London.
• Somerville, R. (1972). Office-Holders in the Duchy and County Palatine of Lancaster from 1603. Chichester.
• Somerville, R. (1975). "Ordinances for the Duchy of Lancaster". Camden Miscellany XXVI. Camden, 4th Ser., 14: 1–29.

• Duchy of Lancaster – official website
• UK Parliamentary Archives, Duchy of Lancaster Plans