Page:The Complete Peerage Ed 1 Vol 2.djvu/369

 368 CORNWALL. IX. 1486, Arthur (Tudor), DUKE OF COKNWALL,( a ) at to his birth, being 1st s. and h. of King Henry VII, by Elizabeth, 1502. "of York," eldest Bister, and heir of line to King Edward V. He was b. 20 Sep. 1486, at Winchester, and bap. at Winchester Cathedral the 24th, his grand-mother, Elizabeth, the Queen Dow., being one of his sponsors. K.3., 30 Nov. 1489. On 29 Nov. 1489 (by charter delivered into Chancery 1 Dec. following) he was.( b ) under the name of "Arthur, eldest son of the King," cr. Prince of Wales and KARL OK CHESTER, " sibi et hiiiralibiis sum Regibvs AugliiO," and was invested with the Principality of Wales and the counties of Chester and Flint by charter 27 Keb. following, lust. K.G., 8 May 1491. He m. 14 Nov. 1501, at St. Paul's, London, Katharine of Aragon, da. of Ferdinand, Kino ok Spain, by his 1st wife, Isabel, da. of John, Kino of Castile and Leon. He d. s.p. and v. p. 2 April 1502, at Ludlow Castle, Salop, and was bur. with great state in Worcester Cathedral. M.I. On his death, his pea-aye dignities lapsed to the Crown. His widow, who was 6. 16 Dec. 1485, m. 3 June 1509 (by dispensation of the Pope), her husband's br., King Henry VIII, from whom she was divorced, 23 May 1533. She d. 6 Jan. 1536. X. 1502, Henry (Tudor), Duke of York, next br. to the above- to named Arthur, Duke of Cornwall, &c, becoming, 2 April 1502, on his 1509. said brother's death s.p., the 1st surviving s. and h. ap. of the King of England was held to have become DUKE OF CORNWALL, and is so styled, in Oct. 1502, under the Great Seal.( c ; He was 2nd but 1st surv. s. and h. of King Hunry VII, by Elizabeth "of York," eldest sinter ( a ) Probably by the same force majeure as that under which his Father became King. See, however, p. 365, note " e." It is also to he noted that " his mother, Queen Elizabeth, was not only heir to the throne as eldest daughter and coheir of her father, King Edward IV, but, as such, she was also heir to the first created Duke of Cornwall ; King Henry trusted not, however, to a title to the Duchy for his son, which should be derived through his mother, and in the Pari, held at Westm., 7 Nov., 1st of his reign, it was therefore enacted that the King should have, hold, and enjoy from the 21st Aug. last past the Dukedom of Cornwall, in as large and ample manner and form as the Kings Henry VI and Edward IV enjoyed the same, and further ordained that ' whensoever our sovereign lord have first a son of his body lawfully begotten, that the same son and prince have and enjoy the said duchy of Cornwall, &c, in as ample and large form ami manner as any Prince first begotten son of any King hath had and enjoyed before this Act ' Coke's Scports, part 8." See " Courthope," p. 10, note "i." To this, however, it may be added, that, granting that Elizabeth was heir to the 1st Duke of Cornwall, she can hardly (tho' Queen Consort) as the wife of one who was acknowledged as "Rex," before their marriage was arranged) be considered as Sex Anglice, under the meaning of the Act of 1337, and that, unless she was both such A aire* and such rex, her sou could have no claim under that Act to the Dukedom of Cornwall. It has, however, been ingeniously suggested whether Henry VII could not, jure uxoris, be reckoned the lucres of the first Duke (the Black Prince) in which case his sou would, of course, be entitled to the Dukedom under the Act of 1337. ( h ) " The Signet Bill, of 27 Fob. following, for bis investiture with the castles, manors, &c, recites his creation to have taken place 29 Nov. preceding, with consent and advice of the Peers of Parliament." See " Courthope," p. 10, note " j." ( c ) " This being the first occasion on which an eldest son of any King of England had (since the creation of the dignity) died without issue in the lifetime of the King his father, leaving a second brother, then living, the question arose whether by the Words, sense, and meaning of the Statute of 11 Edw. Ill, the filius primogeuitus natus only, or filius primogeuitus existens, were by the limitation of that Statute to be the inheritor of the Dukedom and possessions of Cornwall. On this occasion the latter construction was adopted (under what authority is not known), for in the October following the decease of Arthur, Prince of Wales, we find a commissicn issued under the Great Seal, in which Henry is named Duke of Cornwall, and in the same instru- ment called second begotten son of his father. The question was afterwards inci- dentally raised in the ' Prince's Case 1 (3 Jac. I), reported by Coke (part 8), in which