HL Deb 10 August 1843 vol 71 cc472-3
The Earl of Mount Edgecumbe

wished to know whether her Majesty's Government would next Session assent to a measure for extending to the Duchy of Cornwall the same security as the Nullum Tempus of 9th Geo. I. gives to her Majesty's other subjects. A measure of this kind could not be introduced without the assent of the Crown; and his only course, therefore, was to make application to the responsible advisers of her Majesty. He was not a lawyer, but if he were, he was satisfied that he should experience some difficulty to describe with any thing like accuracy the law with respect to the accession to the Duchy of Cornwall. In Blackstone, he found a difference in the account of the succession to this title in the text and in the notes. He believed that it was generally admitted that the eldest son of the Sovereign, as by right from his birth, succeeded to the Duchy of Cornwall: and when there was no person in that line of succession, the title and revenues of the Duchy merged in the Crown. The Nullum Tempus was passed in the 9th Geo. I., and prevented any claim to property after sixty years adverse possession; but in that act the Duchy of Cornwall was not inserted. It must be admitted that a tenure by sufferance was by no means so effective or so satisfactory as a tenure by law; and although he could have no doubt that under the existing state of things no advantage would be taken, yet he thought that a change in the law would upon the whole be the most satisfactory course to adopt. He could not now ask the Government to undertake to introduce any new measure, but be trusted that they would take the matter into their consideration.

Lord Wharncliffe

said, this was a question affecting the rights of the Duchy of Cornwall and of the Crown, and that the noble Earl could scarcely expect that the Government should give any pledge upon the subject, until they should have consulted the law officers of the Crown and of the Duchy. Undoubtedly the Government could have no objection to state that the matter was one that should be taken into their serious consideration.