Page:The Complete Peerage Ed 2 Vol 3.djvu/462

 442 CORNWALL waSjC) under the name of "Arthur, eldest son of the King," cr. PRINCE OF WALES and EARL OF CHESTER, "sibi et heredibus suis regibus Anglie," and was invested with the Principality of Wales and the counties of Chester and Flint by charter 27 Feb. following. Inst. K.G. 8 May 1491. He m., 14 Nov. 1501, at St. Paul's, London, Katherine, 3rd da. of Fernando V, King of Castile and Arragon, by his ist wife, Isabel, da. and h. of JoAo, King of Castile and Leon. He d. s.p. and v.p., 2 Apr. 1502, at Ludlow Castle, Salop, and was bur. with great state in Worcester Cathedral, aged 15. M.I. On his death, his peerage dignities /rt/»jf^ to the Crown. His widow, who was b. 5 Dec. 1485, at Alcala de Henares, near Madrid, m. secretly, 11 June 1509 (Papal disp.), at the Grey Friars', Greenwich,('') her husband's br., Henry VIII, which marriage was pro- nounced null, 23 May 1533. She ci. 6 Jan. iSiS/^j ^^ Kimbolton Castle, and was bur. in Peterborough Abbey. IX. 1502 Henry (Tudor), Duke OF York., next br. to the above- to named Arthur, Duke of Cornwall, ([ffc, becoming, 2 Apr. 1509. 1502, on his said brother's death s.p., 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.(') (") "The Signet Bill, of 27 Feb. following, for his 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." [Courthope, p. 10, note "j"). C") These facts are obtained from the Household Books of Henry VIII, and from a letter by that King, of date 26 June, both printed in Court and Society, by the Duke of Manchester, vol. i, pp. 118-121. Historians give a wrong date and a wrong place. {ex inform. G. W. Watson). V.G. (•=) " 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 primogenitus natus only, or filius primogenitus existem, 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 commission 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 incidentally raised in the ' Prince's Case ' (3 Jac. I), reported by Coke (part 8), in which it appears to have been the opinion of Lord Chancellor Ellesmere and the judges who assisted him (Coke, Fleming, and Williams) with their advice, 'that he who should inherit ought to be first begotten son of the heirs of the Black Prince, be he heir general or collateral, but such heir ought to be King of England;' and, in the course of the pro- ceedings, it is expressly stated that Henry VIII, on the death of his brother Arthur, did not inherit, * forasmuch as he was not the first begotten son, he was not within the said limitation,' which is at variance with the fact already recited. In 1613 the question again became the occasion of solemn inquiry before the King, and Lords and others of the Privy Council, the Master of the Rolls, and the King's Counsel, when