England and Wales High Court (Chancery Division) Decisions

Prince's Case 8 Coke Report 1a, 77 ER 481

Report Date: 1606

[8 Coke 1a]

THE PRINCE'S CASE.

Hil. 3 Jac. 1. (11 January 1606)

In Chancery.

Pleas before the lord the now King in his Chancery at Westminster, in the county of Middlesex, of Hilary term, in the third year of the Lord James by the grace of God, King of England, France, and Ireland; and of Scotland the 39th.

Scire facias to repeal letters patent of the late Q. Eliz dated May 2, in the 37th year of her reign (2 May 1595).

The lord the now King sent his close writ, directed to the Sheriff of Cornwall in these words.
James by the grace of God of England, Scotland, France, and Ireland,[77 ER 482] King, defender of the faith, &c.
To the Sheriff of Cornwall greeting, Whereas in the statute made in the Parliament of the lord Edward the Third, late King of England, in the 11th year of his reign, holden at Westminster, in the county of Middlesex, it was amongst other things enacted by authority of the said Parliament, that the eldest son of the King of England, who should be inheritable to the kingdom of England, should be Duke of Cornwall; and that the duchy of Cornwall should always be, from thenceforth to the eldest son of the Kings of England, who should be next heir of the aforesaid kingdom, and that the aforesaid eldest son of the Kings of England should have and enjoy towards their maintenance and for support of their princely state and dignity all the whole duchy of Cornwall, and all castles, honours, lordships, manors, lands, tenements, and all other hereditaments to the said duchy belonging or appertaining, or reputed or taken to be part, parcel, or member of the said duchy.
And whereas the said late King Edward the Third, in the aforesaid Parliament, held in the said 11th year of his reign, by his certain charter (made) with the common assent and council of the prelates, earls, barons, and other of the King's council in the said Parliament called together, and by authority of the same Parliament, [8 Coke 1b], had given to Edward then Earl of Chester, his first begotten son, the name and honour of Duke of Cornwall, and him in the dukedom of Cornwall established, and by the same his charter, with the common assent and council aforesaid, gave and granted to his said son, in the name and title of the duchy aforesaid, and u-under the name and honour of duke of the said place, amongst other things the castle of Wallingford, with its hamlets and members, and the yearly farm of the town of Wallingford, with the honours of Wallingford, and of St. Walerie with the appurtenances in the county of Oxford and other counties, wheresoever the said honours were, to have and to bold to the same duke and to the first begotten sons of him and his heirs, Kings of England, and of the same place dukes in the kingdom of England, therein to succeed, together with the knights fees, advowsons of churches, abbeys, priories, hospitals, chapels, and with hundreds, fishing, forests, chaces, parks, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as villains, and all other things to the aforesaid castles, towns, honours, lands, and tenements, howsoever belonging or appertaining, of the aforesaid King Edward the Third, and his heirs for ever.
And the said late King Edward the Third, by his charter aforesaid, in Parliament aforesaid, with the common consent aforesaid, and by authority of that Parliament, the aforesaid castle of Wallingford, and other the premises with the appurtenances, amongst other things, to the said duchy annexed and united, to remain to the said duchy for ever: so as from the said duchy at any time by no means they be separated, nor to any other, or others, than to the dukes of the same place, by the aforesaid late King, or his heirs should be given, or any ways granted, so also that to the aforesaid duke, and other dukes of the same place, deceasing, and to the son or sons to whom the aforesaid duchy, by colour of the grants aforesaid it should belong, not appealing, the said duchy, with the aforesaid castle, and other the premises being granted, to the aforesaid late King, or his heirs, Kings of England, should return into the hands of him the said late King, and of his heirs Kings of England to be holden, until any of such son or sons of the said kingdom of England hereditably to succeed, should appear (as is aforesaid) to whom successively the said duchy with the appurtenances, the aforesaid late King for him and his heirs, granted and willed to be delivered, to be holden of the said King, and his heirs for ever.
And whereas likewise, by a certain Act made in Parliament of the lord Henry, late King of England the Eighth, holden at Westminster aforesaid, that is to say, in the second sessions of the same Parliament, begun and holden the 12th day of April, in the 31st year of the reign of the said [8 Coke 2a], lord late King Henry the Eighth, and by divers prerogations until the 25th day of May, in the 32d. year of the reign of the said late King Henry he Eighth, and from thence holden and continued, until the dissolution of the said Parliament, the 24th day of July, in the 32d. year aforesaid, reciting, that whereas in the Parliament holden in the 11th year of the reign of the late King of famous memory King Edward the Third, amongst other things established; it was enacted and ordained, that the eldest son of the King of England, who shall be inheritable to this kingdom of England, should be Duke of Cornwall, and that the same Duchy of Cornwall should ever be to the eldest son of the King of England, who should be next [77 ER 483] heir of the said kingdom; and that he should have and enjoy towards the maintenance and support of his princely estate the whole and entire Duchy of Cornwall, and all castles, honours, dominions, manors, lands, tenements, and all other hereditaments belonging or appertaining to the said duchy, or reputed or taken to be part, parcel, or member of the said duchy: and for that, the honour and castle of Wallingford in the county of Berks then was, and from long time had been part and parcel of the inheritance and possessions of the said Duke of Cornwall, and reputed and taken to be a member of the said duchy; which honour and castle lay near to the manor of the said late King Henry the Eighth of Newelm, otherwise Ewelm in the county of Oxford, and was very commodious, decent and pleasant for the said late King Henry the Eighth.
In consideration whereof, and for other urgent causes, the said late King Henry the Eighth especially moving, it was enacted and ordained by the authority of the same Parliament of the said late King Henry the Eighth, that the said honour and castle of Wallingford, and all dominions, manors, lands, tenements, and other hereditaments whatsoever they should be, being parts, parcels, or members of the said honour and castle, or appendant, or belonging to the said honour and castle, or to any lordship or manor to the same appertaining, or reputed, or taken to be part or parcel of the said honour and castle, or any member thereof, should be from thenceforth forever by authority of the said Parliament severed, disannexed, and dismembered from the said Duchy of Cornwall, and should not be in any manner from thence after reputed, called, accepted, or taken by the name of the honour of Wallingford, nor be any part, parcel, or member of the said Duchy of Cornwall: and that the aforesaid manor of the said King of Newelm, otherwise Ewelm, from thence forever after, should be named, called, accepted, and be' reputed and adjudged to be the honour of Newelm, otherwise Ewelm.
And that the said late King Henry the Eighth, should have and enjoy the like [8 Coke 2b], liberties, franchises, privileges, royalties, and jurisdictions, as well in the aforesaid honour of Newelm otherwise Ewelm, as in the aforesaid manors, castles, lands, tenements, and hereditaments, being part, parcel, or member of the said honour of Wallingford, to all intents and purposes as were in any manner belonging, appertaining, or used in- or to the said honour of Wallingford.
And that the like process, suits, and pleas should be forever holden, received, and should be used in the said honour of Newelm, otherwise Ewelm, as at the first day of the same Parliament were used or exercised in the said honour of Wallingford: and that the said late King Henry the Eighth should have to him, his heirs and successors forever, the said honour and castle of Wallingford, and all lordships, manors, lands, tenements, and other hereditaments whatsoever, appertaining to the said honour or castle, or reputed, or taken to be any part of the possessions, or parcel or member of the said honour or castle, from thence forever to be severed and divided from the aforesaid duchy: and that the said honour and castle of Wallingford, from thence for ever should be named and called the castle and manor of Wallingford.
And also that the said castle and manor of Wallingford, and all lordships, manors, lands, tenements, and other hereditaments whatsoever, which then should he belonging or appertaining to the said castle and manor, or reputed or taken to be any part, parcel, or member thereof; and all manner of liberties, franchises, privileges, royalties, and jurisdictions before that time used within the said honour of Wallingford, from thence for ever should be united, annexed, knit, adjudged, deemed, accepted, reputed, and called part, parcel, and member of the said honour of Newelm, otherwise Ewelm, in the aforesaid county of Oxford: and further it was enacted by authority of the aforesaid Parliament of the aforesaid late King Henry the Eighth, that all and singular person and persons who then held any manors, lands, tenements, or hereditaments of the aforesaid late King Henry the Eighth, and of the most excellent and undoubted Prince Edward, the son and heir apparent of the said late King Henry the Eighth, as of the said honour of Wallingford, or of any other lordships or manors being parcel or member of the said honour of Wallingford, from thence for ever after should hold their said manors, lands, tenements, and hereditaments of the said King Henry the Eighth, his heirs and successors, as of the aforesaid manor and his castle of Wallingford, or of the said lordships or manors being parcel and members of the said honour of Wallingford, parcel of the said honour of Newelm, otherwise Ewelm, by the said rents, suits, customs, and services, as they and every of them held, paid, or did before the making of the said Act of [8 Coke 3a] Parliament, and not by more or other rents, suits, customs, or services: saving to every person [77 ER 484] and persons, bodies corporate or politic, their heirs and successors, and to every of them, other than the most excellent and undoubted lord Prince Edward which then was, and his heirs, and to any other who from thence for ever should happen to be the King's eldest son, and next heir of the crown of this kingdom of England, all such right, title, interest, possession, fees, offices, annuities, rents, commons, and all other commodities and hereditaments whatsoever, which they, or any other of them lawfully held, had, could, or ought to have had, if the said Act of Parliament had never been had or made: and further, it was enacted by the authority of the aforesaid Parliament, of the aforesaid late King Henry the Eighth, that the aforesaid excellent and undoubted Prince Edward, which then was, and every other who from thenceforth for ever should happen to be the eldest son of the King, and next heir of the crown of this kingdom, should have, hold, and enjoy for ever annexed, united, and knit, to the aforesaid Duchy of Cornwall, for and in full recompence of the aforesaid honour and castle of Wallingford, and other the premises in the said Act before mentioned, to the said honour of Wallingford then before belonging as, part and parcel of the said Duchy of Cornwall, the manor of West Taunton, Trelowia, and Landalph, with the appurtenances, in the county of Cornwall, amongst other things, in such manner and form, and of such like estate, as the said excellent and undoubted Prince Edward, before the making of the same Act of Parliament, had, held, or enjoyed the aforesaid honour and castle of Wallingford, and all other the premises, parcel of the said honour.
And that all and singular the aforesaid manors, with all and singular their appurtenances, then amongst other things limited and assigned, by the said Act in the aforesaid Parliament of the aforesaid late King Henry the 8th, to the aforesaid Duchy of Cornwall, and every of them, from thence for ever, should be reputed, deemed, adjudged, accepted, and taken, by authority of the same Parliament, as part, parcel, and member of the said Duchy of Cornwall, in such and the like manner and form, to all purposes and intents, as the said honour and castle of Wallingford, and the members and parcels of the same, were, before the making of the same Act, any Act, law, custom, or use, to the contrary notwithstanding, as by the said Act, in the aforesaid Parliament of the aforesaid late King Henry the 8th, made, amongst other things it more fully appears: and whereas before, and- until the time of the making of the aforesaid Act of Parliament, made in the aforesaid Parliament of the aforesaid late King Henry the 8th, the aforesaid honour and castle of Wallingford, and the members and parcel thereof, were part, parcel, and members [8 Coke 3b] of the aforesaid Duchy of Cornwall, according to the form and effect of the aforesaid charter and grant by the aforesaid late King Edward the Third, with the common assent aforesaid, and authority of his Parliament aforesaid, (as before is said) made, and as in the aforesaid charter are mentioned, and above recited, and the aforesaid excellent and undoubted Prince Edward, in the aforesaid Act made in the aforesaid Parliament of the aforesaid late King Henry the Eighth, before the time of making of the aforesaid Act made in the Parliament aforesaid of the aforesaid late,' King Henry the Eighth, bad, held, and enjoyed the aforesaid honour and castle of' Wallingford, and other the premises, parcel of the same honour, in such manner and form, and of such estate as is enacted and limited in the aforesaid charter and grant aforesaid of the aforesaid late King Edward III. in the year of his reign the 11th aforesaid, by the authority of Parliament made as before is said.
And the aforesaid honour and castle of Wallingford in the aforesaid Act, made in the said Parliament of the said late King Henry VIII. mentioned, and the aforesaid castle of Wallingford, with the hamlets and members thereof: and the aforesaid honour of Wallingford, with the appurtenances, in the aforesaid charter and grant, by the aforesaid late King Edward the Third, as before is said, made, specified, are one and the same, and not others or divers.
By virtue of which the said late Prince Edward, eldest son of the aforesaid late King Henry the Eighth, and Duke of Cornwall, was seised of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances, in his demesne as of fee, as parcel of his Duchy of Cornwall aforesaid, according to the form and effect of the aforesaid Act of Parliament; and be thereof being so seised, the aforesaid late King Henry the Eighth, afterwards at Westminster aforesaid, died, the said Edward, late Prince, being the son and heir of the aforesaid late King Henry he 8th.
And the said Edward, 1te Prince to the said King Henry the 8th, in the [77 ER 485] aforesaid kingdom of England, by right of inheritance succeeded, and King of the aforesaid kingdom of England, by the name of Edward the Sixth, King of England, came to be.
And afterwards the said Edward the Sixth, late King f England, at Westminster aforesaid, died without heir of his body begotten; the Lady Mary, late Queen of England, being sister and heir of the said late King Edward the Sixth; and the aforesaid Lady Mary to the said late King Edward the 6th, in the aforesaid kingdom of England, by right of inheritance succeeded, and became Queen of the aforesaid kingdom of England; and afterwards the said Queen Mary at Westminster aforesaid, died, without heir of her body begotten; the Lady Elizabeth, late Queen of England, being sister and heir of the aforesaid late Queen Mary; the aforesaid Lady Elizabeth to the said late Queen [8 Coke 4a] Mary in the aforesaid kingdom of England', by right of inheritance succeeded, and became Queen of the kingdom of England; and afterwards, the said Queen Elizabeth at Westminster aforesaid, died, without heir of her body begotten, we then and yet being cousin and heir to the said late Queen Elizabeth; and we succeeded to the said late Queen Elizabeth, in right of inheritance, in the same kingdom of England, and became, and now are King of England; and now the most excellent Prince Henry our eldest son, now Duke of Cornwall, hath requested us, that whereas the aforesaid Lady Elizabeth, late Queen of England, by her letters patent sealed with the Great Seal of England, hearing date at Westminster aforesaid, the second day of May, in the 37th year of her reign, granted to Gellio Merick, then Esq. afterwards 'knight, now deceased, and Henry Lindley, then Esq. now knight, the aforesaid manors of West Taunton, Trelowia, and Landalph with the appurtenances, to have and to hold, to them the said Gellio Merick and Henry Lindley, and their heirs for ever, as in the letters patent thereof more fully it is contained.
And whereas the aforesaid manors of West Taunton, Trelowia, and Landalph, to the aforesaid duchy (as is said) annexed and united to the same now duke' by virtue of the gift, grant, and union aforesaid, by the authority of Parliament aforesaid, belonged, and yet ought to belong, and were members and parcel of the same duchy, and yet are, as the said now prince and duke, by ways and means convenient, is ready to shew-; that we would the said letters patens aforesaid, of the aforesaid manors of West Taunton, Trelowia, and Landalph, as before is said, made, revoke, and annul, and the said manors with the appurtenances seise into our hands; that we cause the said manors to the said now duke, as members and parcel of the duchy aforesaid, to have and to hold, according to the form and effect of the gift, grant and union aforesaid to be delivered: we, willing to do in this behalf what is just, command you that, by good and lawful men of your bailiwick, you give notice to the aforesaid Henry Lindley, Knt. and John Hele, Knt. Serjeant-at-law, tenants of the said manors of West Taunton, Trelowia, and Landalph, and also to whosoever other or others, tenants of the said manors of West Taunton, Trelowia, and Landalph, or any of them, that they he before us in our Chancery in eight days of St. Hilary next coming, wheresoever we shall be, to shew what for us or for themselves they have or can say, wherefore the letters patent aforesaid of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances (as before is said), made, ought not to be revoked and annulled, and the said manors with the appurtenances into our hands be seised, and the same, to the now duke, as members and [8 Coke 4b] parcel of the duchy aforesaid, according to the form and effect of the gift, grant, and union aforesaid, to have and to bold, to be delivered, and to do and receive, what our said Court then and there shall farther consider in this behalf: and have you there the names of those by whom you shall give them notice and this writ, witness myself at Westminster, the 18th day of November, in the year of our reign of England, France, and Ireland, the 3d, and of Scotland the 39th; and now at this day, that is to say, the aforesaid eight days of St. Hilary, before the said lord the King that now is, in his said Court of Chancery, here cometh Edward Coke, Knight, Attorney-General of the said lord the King that now is, who prosecuteth in this behalf for the said lord the King, in his proper person.
And Francis Godolphin, Knight, being- sheriff of the county of Cornwall, now sendeth here the writ aforesaid, served and executed, in form following, the 21st day of December, in the 3d. year abovesaid, by virtue of the writ aforesaid, to him directed, that he gave warning by John Edgcombe and Walter Blunt, good and lawful men of bailiwick, to the aforesaid Henry Lindley, Knight, and also the same day and year [77 ER 486] by the said good and lawful men, he gave warning to the aforesaid John Hele, Knt and to one Warwick Hele, Knt. tenants of the aforesaid manors of West Taunton, Trelowia and Landalpb, abovementioned, to he before the said lord the now King here, at this day, to shew, do, and receive, what that writ in itself requireth and demands.
And the aforesaid Henry Lindley, Kt. John Hele, Kt. and Warwick Hele, Kt. the 4th day of pleas being solemnly called, by Richard Wilkinson their attorney come, and pray licence to imparl, and it is granted to them, &c. and upon this day is given to the aforesaid Henry Lindley, John Hele, and Warwick Hele, before the said lord the King, in the said Court here, that is to say, at Westminster aforesaid, until in eight days the Purification of the blessed Mary then next, &c. wheresoever, &c. that is to say, to the aforesaid Henry, John, and Warwick, to imparl and then to answer, &c.
The same day is given to the aforesaid Edward Coke, Knt. the Attorney-General of the lord the now King, who. &c. then to be here, &c.
At which eight days of the Purification of the blessed Mary, before the said lord the King, in the said Court here, that is to say, at Westminster aforesaid, come as well the aforesaid Edward Coke, Knight, who, &c. in his proper person, as the aforesaid Henry Lindley, John Hele, and Warwick Hele, by their attorney aforesaid, and upon this the said Henry, John, and Warwick, by their attorney aforesaid, Pray farther licence thereof to imparl, before the said lord the King now in the said Court here, that is to say, at Westminster aforesaid, until in fifteen days of Easter, then next following, &c. wheresoever, &c. and then to answer, &c. and they have it, &c. and the same day is given to the aforesaid Edward Coke, Knt. the Attorney-General of the said lord the now King, who, &c. then here, &c.
At which [8 Coke 5a] fifteen days of Easter before the said lord the King that now is, in the said Court here, that is to say, at Westminster aforesaid, come as well the aforesaid Edward Coke, Attorney-General of the lord the now King, who, &c. in his proper person, as the aforesaid Henry Lindley, John Hele, and Warwick Hele, by their attorney aforesaid, and upon this the aforesaid Henry, John, and Warwick by their attorney aforesaid, farther pray leave thereof to imparl before the said lord the King, in the said Court here, that is to say, at Westminster, aforesaid, until the morrow of the Holy Trinity, then next following, wheresoever, &c. and then to answer, &c. and they have it, &c.
And the same day is given to the aforesaid Edward Coke, Knt. Attorney-General of the lord the King, who, &c. then here, &c.
At which morrow of Holy Trinity, before the said lord the now King, in the said Court, &c. that is to say, at Westminster, aforesaid, come as well the aforesaid Edward Coke, Knt. Attorney-General of the lord the now King, who, &c. in his proper person, as the aforesaid Henry Lindley, John Hele, and Warwick Hele, by their attorney aforesaid; and upon this the said Henry, John, and Warwick, by their attorney aforesaid, pray farther licence thereof to imparl, before the said lord the now King in the said Court, here, that is to say, at Westminster aforesaid, until the morrow of All-Souls then next following, wheresoever, &c. and then to answer, &c. and they have it, &c.
And the same day is given to the aforesaid Edward Coke, Knt. Attorney-General of the lord the now King, &c. then here, &c.
At which morrow of All Souls, before the lord the King in the said Court here, that is to say, at Westminster aforesaid, come as well Henry 3'Hobart, Knt then Attorney-General of the said lord the now King, who for the said lord the now King, prosecutes in his proper person, as the aforesaid Henry Lindley, John Hele, and Warwick Hele, by their attorney aforesaid, upon which the said Henry Lindley, by his attorney aforesaid, prayeth the bearing of the said writ of scire facias abovementioned, and it is read unto him, &c.
Which being read and heard, the said Henry Lindley saith, that neither the aforesaid letters patent, of the aforesaid late Queen Elizabeth, of the aforesaid manors of West Taunton, Trelowia, and Landalpb, with the appurtenances inform aforesaid made, ought to be revoked and annulled, nor the said manors into the hands of the said lord the now King ought to be seised; because he saith that there is not any such record of any such Act of Parliament, of the aforesaid King Edward the Third made, as in the aforesaid writ of scire facias, above thereof is recited and specified; nor is there any such record of the aforesaid charter, by the aforesaid late King Edward the Third, by authority of the Parliament aforesaid, above supposed to have been made, as in the said writ of scire facias, above is likewise recited and specified, and this the said Henry Lindley is ready to verify, wherefore he demands [77 ER 487] [8 Coke 5b] judgment, if the aforesaid letters patent of the aforesaid late Queen Elizabeth of the manors aforesaid with their appurtenances, so as before is said, made, ought to be revoked or annulled, or the said manors with the appurtenances to be seised into the hands of the said lord the now King, &c. and the aforesaid John Hele and Warwick Hele by their attorney aforesaid, by protesting, that there is not any record of any such Act of Parliament of the said 11th year of Edward, late King of England, the Third, nor that there is any such record of the aforesaid charter, by the aforesaid late King Edward the Third, by authority of Parliament, aforesaid, as in the said writ of scire facias is mentioned; for plea they say, that neither the aforesaid letters patent of the aforesaid lady Elizabeth of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances, in form aforesaid made, ought to be revoked or annulled, or the manors aforesaid with the appurtenances, be seised into the hands of the lord the now King, or any of them ought to be seised, because they say, that the aforesaid late lady Queen Elizabeth, before the making of the letters patent aforesaid, to the aforesaid Gellio Merick and Henry Lindley, was seised of her demesne as of fee, in the right of her crown of England, of the aforesaid manors of West Taunton, Trelowia, and Landalpb, with the appurtenances, in the aforesaid writ of scire facias mentioned and expressed, and so thereof being seised, the said late Queen Elizabeth, by her letters patent under the Great Seal of England sealed hearing date at Westminster, in the county of Middlesex, the 2d. day of May, in the 37th year of her reign, and here into Court brought, in consideration of the good, true, faithful, and acceptable service of the aforesaid lady the Queen, by her there well beloved faithful cousin and counsellor, Robert late Earl of Essex, of the most noble Order of the Garter, Knight, and master of her horse, before that many times done and performed, as for other good causes and considerations, the said late lady the Queen then specially moving; as also at the humble request of the said late Earl of Essex, of her special grace, certain knowledge, and mere motion, gave and granted the manors aforesaid with their appurtenances amongst other things to the aforesaid Gellio Meyrick, and Henry Lindley, then Esquires and afterwards Knights.
To have, and to bold the said manors with the appurtenances, to the aforesaid Gellio Meyrick, and Henry Lindley, their heirs and assigns for ever.
And the aforesaid late lady the Queen, by the same her letters patent, granted for her, her heirs and successors, that the aforesaid Gellio Meyrick, and Henry Lindley, their heirs and assigns, should have, bold and enjoy, the aforesaid manors with the appurtenances, according to the intent of the said late Queen, in the said letters patent contained, and that the [8 Coke 6a] said letters patent should be firm, valid, good, sufficient and effectual in law, against the said lady the Queen, his heirs and successors, as well in all her Courts, as elsewhere, within the kingdom of England, without any manner of confirmations, licences, or tolerations of the said lady the Queen, her heirs and successors then for ever, by the aforesaid Gellio Merick, and Henry Lindley, or their heirs or assigns to be procured or obtained, notwithstanding the statute in Parliament of the Lord Henry, late King of England the Eighth, in the 37th year of his reign made, concerning the Duchy of Cornwall, and honour of Newelm otherwise Ewelm, as in and by the said letters patent more fully appears.
By virtue of which said letters patent, the aforesaid Gellio Merick and Henry Lindley into the aforesaid manors with their appurtenances entered, and were thereof seised in their demesne as of fee, and so thereof being seised, by their writing indented, made between the aforesaid late Earl of Essex, Gellio Merick, and Henry Lindley of the one part, and Augustine Steward and Michael Corsellis, on the other part, hearing date the 26th day of December, in the 38th year of the reign of the said late lady Queen Elizabeth, in the Court of Chancery of the aforesaid late Queen at Westminster aforesaid, within six months then next following, according to the form of the statute thereof made and provided in due manner of record inrolled, as well in consideration of the sum of 35001. to the aforesaid late Earl of Essex, by the aforesaid Augustine Steward and Michael Corsellis paid, as for 20s. to the said Gellio and Henry, by the aforesaid Augustine and Michael likewise paid, bargained, and sold to the aforesaid Augustine and Michael, the manors aforesaid, with the appurtenances, to have and to hold to the said Augustine and Michael, their heirs and assigns for ever.
By virtue of which bargain and sale, and enrolment, and by force of a certain statute in the Parliament of the lord Henry late [77 ER 488] King of England the Eighth, the 4th day of February in the 27th year of his reign, of transferring uses into possession, at Westminster aforesaid, holden, made, and provided, the aforesaid Augustine and Michael were seised of the manors aforesaid, with the appurtenances, in his demesne as of fee; and so thereof being seised, the said Augustine and Michael, in consideration of the sum of 35001. to the aforesaid Augustine and Michael, by the aforesaid John Hele paid afterwards of the said manor with the appurtenances, enfeoffed them the said John Hele, then serjeant at law, and the aforesaid Warwick Hele, then esquire now knight, to have and to hold, to the said John and Warwick, and to the heirs and assigns of the aforesaid John, to the sole and proper use and behoof of the aforesaid John and Warwick, and the heirs and assigns of the said John Hele for ever.
By virtue of which' feoffment, the aforesaid John Hele, and Warwick Hele were, and yet are seised [8 Coke 6b] of the aforesaid manors with the appurtenances, that is to say, the said John Hele, in his demesne as of fee, and the aforesaid Warwick, in his demesne as of freehold for the term of his life.
And the aforesaid John Hele and Warwick Hele further say, that afterwards, in and by a certain Act of Parliament of the aforesaid late Queen at Westminster aforesaid, the 27th day of October, in the 43d. year of the reign of the said late Queen Elizabeth holden made (amongst other things) reciting, that whereas the said late Queen, from the 8th day of February, in the 25th year of her reign, as well for divers and great sums of money, as for divers other several considerations, had bargained, sold, given, and granted, by divers her letters patent, indentures, or other writings under the Great Seal of England sealed, or the seal of the Duchy of Lancaster, or the seal of the County Palatine of Lancaster, as well to bodies politic and corporate, as to divers and several other subjects, of the said lady the Queen, divers and several honours, manors, lands, tenements, rents, reversions, services, and other hereditaments in fee simple, fee tail, or for term of life, lives, or years, as in the said several letters patent, indentures, and other writings are mentioned and declared; it was enacted by authority of the same Parliament, to the intent that the said letters patent, indentures, or other writings, should be of good, available, and perfect force and effect, to all and singular the said late Queen's subjects, according to the true intent and effect of the same; that as well all and singular letters patent, indentures, and other writings, sealed under the Great Seal of England, or under the seal of the Duchy of Lancaster or the seal of the County Palatine of Lancaster, before then made and granted, by the aforesaid late Queen, for any sum or sums of money whatsoever or for or upon any other considerations whatsoever, from the aforesaid 8th day of February, in the 25th year aforesaid, as all other letters patent, then after by the said late Queen to be made, for any sum or sums of money, or other considerations before the last day of the said then present session of the said Parliament; and moreover, all other letters patent, within the space of one year then next following, to be made, by force, or according to the true purport or true meaning of a commission under the Great Seal of England, then in being, for the sale of the land, of the said late Queen, to any body politic, or corporate, or to any other person or persons whatsoever, of any honours, castles, manors, lordships, granaries, messuages, lands, tenements, meadows, pastures, rents, reversions, services, woods, advowsons nominations, patronages, annuities, rights, interests, entries, conditions, leases, Courts, liberties, privileges, franchises, or of any [8 Coke 7a] other hereditaments with the appurtenances, or of any part or parcel thereof, with or under the Great Seal of England, or under the seal of the Duchy of Lancaster, or the seal of the County Palatine of Lancaster, of whatsoever kind, nature, or quality, they or any of them are, or were reputed, known, or taken, with the appurtenances, or any part or parcel thereof, should be good, perfect, and effectual in law, and should stand, be taken, reputed, esteemed, and should be adjudged to be good; certain, perfect, available, and effectual in the law, against the said late Queen, her heirs and successors, according to the tenor and effect of the aforesaid letters patent and indentures, or other writings, and that the same should be expounded, construed, esteemed, and should be adjudged most beneficially for those, to whom the aforesaid letters patent, and grants thereof so are made, the heirs, assigns, executors, and administrators of them, according to the words and purport of the said letters patent, indentures, or other writings, without any confirmations, licences, or tolerations of the said late Queen, her heirs or successors, any ill naming, [77 ER 489] ill reciting, or not reciting, of the said honours, castles, manors, lands, tenements, or other the premises, or of any part or parcel thereof, or any defect in finding of office or inquisition, of and in the premises, or any part thereof, by which the title of the said late lady the Queen of and in the premises ought to be found, before the publishing of the aforesaid letters patent, indentures, or other writing, or any in reciting, or not reciting, of demises thereof made, as well of record, as not of record, or any in reciting, or not reciting, or not true mentioning in any such letters patent, grants, or writings of the estate or estates of the said late Queen, of freehold, or inheritance, of or in the premises, or any part thereof, to which the said late Queen, after the beginning of her reign was, or then after should be intitled, by any attainder, escheat, conveyance or assurance whatsoever; and in which letters patent, grants, or writings, no estate tail then before made, or supposed to be made was recited, or from, henceforth should be, and the reversion or remainder thereof expectant, in the said letters patent, grants, or writings, granted or mentioned to be granted, or any defect, of certainty, or in computing, mistaking, rating, or setting forth of the yearly value or rte of the premises, or yearly rents reserved of and for the premises, or any parcel thereof mentioned or contained in the same letters patent aforesaid, or other writings, or for that the premises then were, or any part thereof, were then valued at a greater or lesser value, in the said letters patent, or writings, than the said manors, lands, tenements, and other premises then were, or were in yearly value, or any misnaming or not true [8 Coke 7b] naming, of any town, hamlet, parish, or county where the said honours, manors, lands, tenements, rents, hereditaments, and other the premises, and every part thereof, or any parcel thereof lay, or were, or any defect of true naming of the lands, tenements, or hereditaments or any parcel thereof, or of the nature, kind, quality, or quantity, of the aforesaid possessions or hereditaments, or of any parcel thereof, or any default of true naming of any corporation, or any default of attornment, livery, or seisin, or any in naming of any the late tenants of the aforesaid honours, manors, lands, tenements, and hereditaments, or of any part thereof, so sold, granted, or given, or any in naming of any, person or persons, bodies politic or corporate, who any time before the I making of such letters patent, were, or then after should be proprietors of the premises, or any part thereof to the contrary notwithstanding; as by the said Act, amongst other things, it more fully appeareth.
And the said John Hele and Warwick further say. that the said late Queen Elizabeth never had any son; and that the aforesaid Gellio Merick, and Henry Lindley, were at and before the time of the making of the said letters patent, so as before is said made, subjects of the said late Queen Elizabeth, and born at Westminster aforesaid; all and singular which the said John Hele and Warwick are ready to aver; whereupon they demand judgment, if the said letters patent of the aforesaid late Queen Elizabeth, of the manors aforesaid with the appurtenances, so as before is said made, ought, to be revoked and annulled, or the manors aforesaid, with the appurtenances, or any of them, ought to be seised into the hands of the lord the now King, &c.
And the aforesaid Henry Hobart, Knt. Attorney-General of the lord the now King, who, &c. present in Court in his proper person, as to the afore-said plea of the said Henry Lindley, above in form aforesaid pleaded, for the said lord the King saith, that the said Henry Lindley ought not to be admitted to plead, that there is not any such record of any such Act of Parliament, of the aforesaid lord King Edward the Third made, as in the said writ of scire facias is recited.
Nor that there is not any such record of the aforesaid charter of the said late King Edward the Third, by authority of Parliament made, as in the aforesaid writ of scire facias thereof is recited and specified.
Because be saith, that the said lord King James, now King of England (inspexit) hath seen the inrolment of the aforesaid Act of Parliament, of the said late King Edward the Third, as in the said scire fac' is also recited, in the Rolls of the Chancery of the now King, within his Tower of London, of the 11th year of the reign of the aforesaid late King Edward the Third inrolled, upon record there remaining.
The tenor of the inrolment of [8 Coke 8a] which Act of Parliament, and charter aforesaid, the said James now King of England, by his letters patent under the Great Seal of England sealed, here in Court by the aforesaid Attorney-General of the lord the now King, for the said lord the now King, now brings into Court, hearing date at Westminster aforesaid, the 5th day of March, in the year of [77 ER 490] the reign of the said lord the King that now is, of England, France, and Ireland, the,3d, and of Scotland the 39th, exemplified amongst other things, which exemplification, as to the inrolment of the aforesaid Act of Parliament, and charter aforesaid followeth in these words.
James by the grace of God of England, Scotland, France, and Ireland, defender of the faith, &c.
To all to whom these presents letters shall come greeting; We have seen the inrolment of a certain charter, hearing date 17th day of March, in the 11th year of the reign of the lord Edward the Third, late King of England, to his well-beloved and faithful Edward Earl of Chester, his first begotten son granted, in the Rolls of our Chancery, within the Tower of London, remaining of record in these words.
Edward, by the grace of God, King of England, Lord of Ireland, and Duke of Aquitain, to the archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, provosts, ministers, and all bailiffs, and his faithful people, greeting amongst other the ensigns of honour of our kingdom, we esteemed it the chiefest, that the order of dignities and offices of our kingdom be fortified with the best and strongest counsels; therefore there being many degrees of honour of inheritance in our kingdom, where by descent the inheritance, according to the law of this kingdom, to coheirs and parceners, and for want of such issue, and parceners and such like various events, the same came to our Royal hands; whereby our said kingdom hath long and many ways suffered a defect in names, dignities, and titles of honour; we therefore desiring to beautify our kingdom, and in the best manner to defend our kingdom, and the holy church thereof, and our subjects and dominions against the endeavours of the enemies and adversaries thereof, and considering and desiring that peace between us and our subjects be inviolably maintained; and to dignify the places of honour of our kingdom; and taking into consideration the person of our well-beloved and faithful Edward Earl of Chester our eldest son, and intending to honour the same our son, with the name and honour of Duke of Cornwall, with the common consent and counsel of the prelates, earls, barons, and others of our Council in this our present Parliament at Westminster, upon Monday next after the Feast of St. Matthew the Apostle last past, being assembled, we have given, and made him Duke of Cornwall, and girt him with a sword as behoveth; and that there may be no doubt hereafter, what, or how [8 Coke 8b] much the same duke, or other dukes of the same place, who for the time shall be, in the name of the said duchy ought to have: our will is, that all in specialty, which to the said duchy doth belong, be inserted in this our charter: therefore for us and our heirs, we have given and granted, and by this our charter confirmed, to the same our son under the name and honour of duke of the said place, the castles, manors, lands, and tenements, and others things underwritten.
That be the state and honour of the said duke might uphold according to the nobility of his stock, and the charges and burthens thereof the better uphold, that is to say, the sheriffwick of the county of Cornwall, with the appurtenances, so as the said duke, and other dukes of the same place for the time being, make, constitute and appoint sheriffs of the said county of Cornwall at their will and pleasures, and to do and execute the office of sheriffs there, as heretofore it used to be done, without any hindrance of us, or our heirs for ever.
As also the castle, borough, manor and honour of Launceston, with the park there and other the appurtenances in the county of Cornwall, and Devonshire; the castle and manor of Tremeton, with the town of Saltash, and the park there, and other the appurtenances in the said county the castle, borough and manor of Tintagel, with the appurtenances in the said county of Cornwall; the castle and manor of Restormel, with the park there, and other the appurtenances in the said county; and the manor of Clymestond, with the park of Keribullock, and other their appurtenances, Tibeste, with the bailiwick of Powdershire, and other their appurtenances, Tewynton, with the appurtenances, Helleston in Kerrier, with the appurtenances, Moresk, with the appurtenances, Tewernaile, with the appurtenances, Penkneth, with the appurtenances, Penlyn with the park there, and other the appurtenances, Rellaton, with the bedelry of Estwyneleshire, and other the appurtenances, Helleston in Tringshire, with the Park of Hellesbury, and other its appurtenances, Lyskirett, with the park there, and other the appurtenances, Calistock, with the fishing there, and other the appurtenances, and Talskid with the appurtenances, in the said county of Cornwall, and the town of Lestwithiell in the said county, with the mill there, and other the appurtenances; [77 ER 491] and the prisage and customs of our wines, in the said county of Cornwall, and also the profits of all the ports within the same our county of Cornwall, to us belonging, together with wreck of the sea, as well of whales and sturgeon, and other fishes which do belong to us, by reason of our prerogative, and whatsoever belongs to any wreck of the sea with the appurtenances, in our said county of Cornwall.
And the profits and emoluments of our County Court holden in our county of Cornwall, and hundreds and Courts in the said county to us belonging; as also our stannary in the said county of [8 Coke 9a] Cornwall, together with the coinage of the said stannary, and all issues and profits thereof arising; and also all the issues, profits and perquisites to the Court of Stannary, and the mines of the said county, (except only 1000 marks which to our well beloved and faithful Will. de Monte acuto, Earl of Salisbury, we have granted for us and our heirs, to be taken to him and the heirs males of his body lawfully begotten, of the issues and profits of the aforesaid coinage, until the castle and Manor of Tonbridge, with the appurtenances in the county of Wilts, and the manors of Aldebourn, Ambresbury and Winterbourn, with the appurtenances in the said county, and the manor of Caniford with the appurtenances, in the county of Dorset, and the manor of Hengstrig and Charleton, with the appurtenances in the county of Somerset, which our beloved and faithful John de Warren, Earl of Surrey, and Joan his wife, bold, for the term of their lives, and which after their deaths to us and our heirs ought to return (but) after the decease of the said E. and Joan, to the aforesaid Earl of Salisbury, and the heirs males of his body lawfully begotten, to the value of 800 marks by the year, we granted, to remain; and 200 marks of land and rent, which to the said Earl of Salisbury to have in form aforesaid, we granted (when the same came to our hands).
And also our stannary in the aforesaid county of Devon with the coinage, and all issues and profits of the same: and also the issues, profits, and perquisites of the said Court of Stannary, and the water of Dertmouth in the said county: and the yearly farm of 201. our City of Exeter, and the prizage and customs of our wines, in the water of Sutton, in the said County of Devon; as also the castle of Wallingford, with its hamlets and members, and the yearly farm of the town of Wallingford, with the honours of Wallingford, and De Santo *Wallerico, with the appurtenances in the county of Oxford, and other counties wheresoever those honours were, and the castle, manor-, and town of Berkhamstead, with the park there, together with the honour of Berkhamstead, in the counties of Hertford, Bucks, and Northampton, and other their appurtenances, and the manor of Biflet, with the park there, and other the appurtenances in the county of Surrey, to have and to hold to the said duke, and of him, and his heirs, Kings of England, eldest sons, and dukes of the said place in the kingdom of England, by inheritance to succeed, together with the knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, fishings, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as villains, and all other things to the aforesaid castles, boroughs, towns, manors, honours, stannaries, and coinage, lands and tenements howsoever and whatsoever [8 Coke 9b] belonging or appertaining, of us and our heirs for ever, together with 241. of yearly farm, which our well beloved and faithful John de Meere, to us by the year, for all his life is bound to pay for the castle and manor of Meere, with the appurtenances in the county of Wilts, granted to him by us for the term of his life, to be taken every year by the hands of the said John, for the term of his life, and with the aforesaid 1000 marks yearly, to the aforesaid Earl of Surrey, of the issues of the coinage aforesaid, by us so granted, after obtained by him, or- his heirs males of his body to he begotten, seisin of the said castle and manor of Tunbridge, and the manors of Aldebourn, Ambresbury, Winterbourn, Caneford, Hengstrigg and Charleton, after the deaths of the same Earl of Surry, and Joan; and the said 200 marks, land and rent to the said Earl of Salisbury, and the heirs males of his body begotten, so to be provided, for the proportions of the said castles, manors, lands, and tenements, with the whole, or particulars which to the hands of the said Earl of Salisbury, and the heirs males of his body should come: we have moreover granted, for us and our heirs, and by this our charter we have confirmed, that the castle and manor of Knaresburgh, with the hamlets and members thereof, and the honour of Knaresburgh, in the county of York, and other counties wheresoever the same honour should be; the manor of Isleworth [77 ER 492] with the appurtenances in the county of Middlesex, which Philippa Queen of England our most dear consort holdeth for term, of life; and the castle and manor of Lydeford with the appurtenances, and with the chace of Dertmore with the appurtenances in the said county of Devon, and the manor of Bradeneshe with the appurtenances in the said county, which our beloved and faithful Hugh de Audley, Earl of Gloucester, and Margaret his wife, have for the life of the said Margaret; and the said castle and manor of Meere with the appurtenances; which the aforesaid Joan so for life holdeth by our grant, and which after the death of the said Queen Margaret and Joan, to us and our heirs ought to revert, after the decease of the aforesaid Queen aforesaid, that is to say, the castle and manor of Knaresburgh, with the honours, hamlets, and members thereof, aforesaid, and other their appurtenances, and the manor of Isleworth with the appurtenances; and after the death of the said Margaret, the said castle and manor of Lydeford, with the said chace of Dertmore, and other the appurtenances, and the manor of Bradeneshe with the appurtenances; and after the death of the said Joan, the said castle and manor of Meere with the appurtenances, shall remain to the aforesaid duke, and of him and his heirs, King's of England, eldest sons, and dukes of the said place, in the kingdom of England, hereditarily to succeed, as before is said, to have and to hold, together with the said knight's fees, [8 Coke 10a] advowsons of churches, abbies, priories, hospitals, chapels, and with hundreds, wapentakes, fishings, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats services of tenants, as well free as villains, and all other things to the same castles, manors, and honours, howsoever and wheresoever belonging or appertaining, of us likewise, and our heirs for ever; all which castles, boroughs, towns, manors, honours, stannaries, coinage, farms of Exeter and Wallingford, lands and tenements, as above are specified, together with the fees, advowsons, and all other things aforesaid, to the aforesaid duchy by our present charter, for us and our heirs, we do annex and unite to the same for ever to remain; so that from the said duchy, at no time they be any ways severed, nor to any one other than dukes of the someplace, by us, or our heirs they be given, or any manner of way granted; so also as that of the aforesaid duke, and other dukes of the same place they do descend, and to the son or sons, to whom the said duchy, by colour of our grant aforesaid it shall belong, then not appearing, the said duchy, with the castles, boroughs, towns, and all other the abovesaid, to us or our heirs, Kings of England, shall return in our hands; and in the hands of our heirs Kings of England, to be kept until such son or sons, of the said kingdom of England hereditably to succeed shall appear, as it is said, to whom, then successively the said duchy with the appurtenances, for us and our heirs, we grant, and will, that they be delivered, to hold, as above is expressed.
We have moreover, for us and our heirs, and by this our charter we have confirmed to the aforesaid duke, that the said duke, and the heirs of him, eldest sons, dukes of the same place for ever, have free warren in all the lordships, manors, castles, lands, and other places aforesaid, so as the said lands, be not within the bounds of our forests; and that none enter into them, to hunt in them, or to take anything which to warren appertaineth, without the licence and will of the said duke, or other dukes of the same place, upon pain of forfeiture of 101. wherefore we will and firmly command, for us and our heirs, that the said duke have and hold to him and his heirs, eldest sons of the Kings of England, and dukes of the said place in the said kingdom of England, inheritably to succeed, the aforesaid sheriffalty of the aforesaid county' of Cornwall with the appurtenances; so that they, and others, dukes aforesaid, at their wills make and constitute the sheriff aforesaid, of the said county of Cornwall, to do and execute the office of sheriff there, as hitherto is used to be done, without the hindrance of us, or our heirs for ever; as also the aforesaid castles, boroughs, manors, and honours of Launceston, the castle and manor of Tremeton, with the town of Saltash, [8 Coke 10b] the castle, borough, and manor of Tintagel, the castle and manor of Restormel, and the manors of Clymestond, Tibeste, Tewynton, Helleston in Kerier, Moresk, Tewarnaile, Pengkneth, Penkyn, Rellaton, Helleston in Tringshire, Lyskirett, Calistock, Talskid, and town of Lestwithiel, with the appurtenances, together with the parks, bailiwicks, bedelry, fishings, and other things abovesaid, in the aforesaid county of Cornwall, and the aforesaid prisages, customs and profits of ports aforesaid, together with the said wreck of sea, and the said profits and [77 ER 493] emoluments with the hundreds and courts aforesaid to us belonging, and the said stannary in the said county of Cornwall, together with the coinage of the said stannary, and with all issues and profits thereof arising, and also the explees, profits, and perquisites of the courts aforesaid (except only the said 1000 marks, which to- our well beloved and faithful William de Monte acuto, Earl of Salisbury, we granted for us and our heirs, to be taken to- him, and the heirs males of his body lawfully begotten) of the issues and profits of the coinage aforesaid, until the said castle and manor of Tunbridge with the appurtenances, and the said manors of Aldebourn, Ambresbury, and Winterbourn, with the appurtenances, and the said manor of Hengstrig and Charlton with the appurtenances, which the aforesaid Earl of Surrey, and Joan his wife, hold for the term of their lives, and which after their deaths, to us and our heirs ought to revert, after the deceases of the said earl and Joan, to the said Earl of Salisbury, and the heirs males of his body lawfully begotten, to the value of 800 marks by the year we have granted to remain; and the said 200 marks, land and rent, which to the said Earl of Salisbury, to have in form aforesaid we granted, come unto our hand (as before is said) and the said stannary in the county of Devon, with the coinage, and all issues and profits thereof; and also the explees, profits, and perquisites of the court of the same stannary, water of Dertmouth, -and the said yearly farm of 201. of the said City of Exeter, and the said prisage and custom of wines, in the water of Sutton, in the said county of Devon; as also the aforesaid castle of Wallingford, with the hamlets and members thereof, the yearly farm of the town of Wallingford, with the said honour of Wallingford, and De Sancto Walerico, the castle, manor, and town of Berkhamstead, withthe said honour of Berkhamstead, and the manor of Biflet, with the parks and other their appurtenances aforesaid, together with knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, fishings, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as villains, and all other things to the said castles, boroughs, towns, manors, stannaries, and coinage, lands and tenements whatsoever [8 Coke 11a] and wheresoever, belonging or appertaining, of us and our heirs for ever, together with the said 241. farm, which the aforesaid John de Meere, to us yearly, for his whole life is bound to pay, for the said castle and manor of Meere granted to him by us, to hold for the term of, his life, to be taken yearly by the hands of the said John de Meere all his life; and also with the aforesaid 1000 annual marks, to the aforesaid Earl of Salisbury, of the profits of the coinage aforesaid, by us so granted, after shall be obtained by him, or the heirs males of his body begotten, seisin of the aforesaid manor of Tunbridge, and manors of Aldebourn, Ambresbury, Winterbourn, Caneford, Hengstrig and Charlton, after the decease of the said Earl of Surrey, and Joan; and the said 200 marks of land and rent to the said Earl of Salisbury, and the said heirs males of his body so provided, for the like proportion of the said castles, manors, lands and tenements, with the whole, and particulars, when to the hands of the said Earl of Salisbury, or the heirs males of his body lawfully begotten, should come as aforesaid: and that the aforesaid castle and manor of Knaresburgh, with its hamlets and members, and the honour of Knaresburgh, and the manor of Isleworth with the appurtenances, after the death of our aforesaid consort, the castle and manor of Lydeford with the appurtenances, and with the said chace of Dertmore with the appurtenances, and the manor of Bradneshe, with the appurtenances, after the decease of the aforesaid Margaret and the castle and manor of Meere with the appurtenances, after the death of the aforesaid John de Meere, shall remain to the said duke, to have and to hold to him and his heirs, eldest sons of the Kings of England, and dukes of the same place in the kingdom by inheritance to succeed, together with knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with hundreds, wapentakes, fishings, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as villains, and all other things to the said castles, manors, and honours, howsoever and wheresoever belonging or appertaining, (to hold) of us likewise, and our heirs for ever, as before is said; all which castles, boroughs, towns, manors, and honours, stannaries, and coinage farms of Exeter and Wallingford, lands and tenements, as above are specified, together with the knights' fees, advowsons and all other things above said, to the [77 ER 494] said duchy by this our present charter, for us and our heirs, we do annex and unite, to the same to remain for ever; so as from the said duchy, at no time hereafter they be severed, nor to any person or persons than the dukes of the same place, by us or our heirs they be given, or in any ways granted: so that to the aforesaid duke, or other dukes of the same place they do descend, and the son [8 Coke 11b] or sons, to whom the said duchy, by colour of the aforesaid our grants it behoves to belong then not appearing, the same duchy with the castles, boroughs, towns, and all other things aforesaid, to us, and our heirs Kings of England shall revert, in our hands, and in the hands of our heirs to be kept, until such son or sons, in the said kingdom of England hereditably to succeed shall appear, as before is said, to whom successively the said duchy with the appurtenances, for us and our heirs we grant, and will to be delivered, to be holden as above is expressed.
And that the said duke and his heirs, eldest sons, dukes of the said place for ever, have free warren in all the demesnes of the lands aforesaid, so that the same lands are not within the bounds of our forests; so as none enter into those lands to bunt in them, or to take any thing which to warren belongeth, without the licence and will of the said duke, and the other dukes of the said place, upon pain of forfeiture of 101. as before is said; these being witnesses, the Most Rev. Father John Archbishop of Canterbury, Primate of all England, our Chancellor, Henry Bishop of Lincoln our Treasurer, Richard Bishop of Durham, John de Warren Earl of Surrey, Thomas de Bello Campo Earl of Warwick, Tho. Wake of Lydell, and John de Mowbray, John Darcy le Neuen steward of our house, and others, given by our hands at Westminster, the 17th day of March, in the 11th year of our reign, by the King himself, and whole Council in Parliament.
But we, the tenor of the charter, record, and Act of Parliament aforesaid, at the request of our well-beloved and faithful Tho. Stephens, Esq. Attorney-General of our well-beloved and most dear son, our eldest son Henry, Prince and Duke of Cornwall, caused to be exemplified by these presents.
In witness whereof we have caused these our letters to be made patent.
Witness myself at Westminster the 5th day of March, in the year of our reign of England, France, and Ireland the third, and of Scotland the 39th, as by the said letters patent of exemplification aforesaid here into Court brought more fully appeareth.
And the said Henry Hobart Attorney-General of the said lord the now King, for the said lord the now King saith, and will aver, that the aforesaid Act of Parliament aforesaid, of the aforesaid late King Edw. 3. made, and the aforesaid charter, by the aforesaid late King Edw. 3. by authority aforesaid, of the Parliament of the same late King Edw. 3. by authority of Parliament aforesaid made, whereof is the enrolment aforesaid, and in the aforesaid exemplification of the enrolment aforesaid, as before is said, is made mention, are one and the same, and not other nor divers: whereupon the said Attorney-General of the said lord the now King, for the said lord the King here demandeth judgment, if the aforesaid Henry Lindley, to say, that there is not any such record of such Act of Parliament aforesaid, [8 Coke 12a] of the aforesaid late King Edward 3. nor any such record of the aforesaid charter, by the said late King Edw. 3. by authority of the Parliament aforesaid, in the writ aforesaid of scire facias specified, against the said letters patent of exemplification aforesaid, here into Court, by the said attorney of the aforesaid lord the now King, for the said lord the now King shewed forth, ought to be admitted.
And further, the said Henry Hobart, the Attorney-General of the said lord the now King, for the said lord the King prayeth that the said letters patent of the aforesaid late Q. Eliz as unto the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances, be revoked and annulled; and that the aforesaid manors of West Taunton, Trelowia, and Landalph with the appurtenances, into the hands of the said lord the now King be taken and seised: and the aforesaid Henry Hobart, Knt. Attorney-General of the said lord the now King, who, &c.
As to the said plea of the aforesaid John Hele and Warwick Hele, by them above in form aforesaid pleaded, for the said lord the King saith, that that plea, and the matter therein contained, is not sufficient in law to maintain, that the aforesaid letters patent of the aforesaid late Q. Eliz of the aforesaid manors of West Taunton, Trelowia, and Landalph, ought not to be revoked and annulled, or that the manor aforesaid with the appurtenances, into the hands of the said lord, the now King, ought not to be seised.
To which plea in manner and form aforesaid pleaded, the said Attorney-General for the said lord the King needeth not,

[8 Coke 12b], [77 ER 495]

by the law of the land is bound to answer, and this he is ready to aver: wherefore for want of a sufficient plea of the said John Hele and Warwick Hele in this behalf, the said Attorney-General for the said lord the King demandeth judgment, that the said letters patent of the aforesaid late Q. Eliz of the aforesaid manors of West Taunton, Trelowia, and Landalph with the appurtenances made, be revoked and annulled, and the manors aforesaid with the appurtenances, be taken and seised into the hands of the lord the King, &c.
Upon which the aforesaid Henry Lindley saith, that the plea of the aforesaid Attorney-General, for the said lord the now King, to the plea of the said Henry Lindley, above by replication pleaded, and the matters therein contained, are not sufficient to bar him the said Henry Lindley, to say, that there is not any such record of such Act of Parliament, of the aforesaid late King Edw. 3. made, as in the aforesaid writ of scire facias thereof is recited and specified, nor that there is any such record of the aforesaid charter, by the said late King Edw. 3. by authority of the Parliament aforesaid made, as in the aforesaid writ of scire facias thereof is above recited and specified.
And that the said Henry Lindley, to that plea in manner aforesaid by replication pleaded, needeth not, nor by the law of the land [8 Coke 12b], is bound to rejoin, and this he is ready to aver; wherefore for want of a sufficient replication in his behalf, the said Henry Lindley as at first demandeth judgment, if the aforesaid letters patent of the aforesaid late Q. Eliz of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances made, ought to be annulled, or the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances, or any of them, ought to be taken and seised into the hands of the lord the now King.
And the aforesaid John Hele and Warwick Hele for themselves say, that inasmuch as they sufficient matter In their plea aforesaid, by them above pleaded, have alleged, that is to say, the aforesaid seisin of the aforesaid late, Q. Elizabeth of the aforesaid manors of West Taunton, Trelowia, and Landalph with the appurtenances in her demesne as of fee, in the right of her Crown of England, and the grant aforesaid, by the aforesaid letters patent of the said late Queen, and the rest of the matters by them above pleaded, which the aforesaid John Hele and Warwick Hele are ready to aver, which matter the aforesaid Attorney-General of the lord the now King, doth not deny, nor to the same any ways answereth, but the same averment to admit altogether refuseth, as at first demands judgment, if the aforesaid letters patent of the aforesaid late Q. Eliz of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances made, ought to be revoked or annulled, or the said manors with the appurtenances, or any of them, into the hands of the said lord the now King, ought to be taken or seised.
And farther, for the better information, and more fully to inform the said lord the now King, and the Court here, of the state of the lord the now King, to the aforesaid Duchy of Cornwall, and to other manors to the said late duchy any manner of way belonging or annexed, or any part or parcel thereof the said John and Warwick say, that in the statute in Parliament of the Lord Henry late King of England the 7th, held at Westminster in the county of Middlesex, the 7th day of November, in the first year of his reign made, amongst other things ordained, it was enacted and established by authority of Parliament, that the said lord King Hen. 7. should have, hold, enjoy, and possess, to him and his heirs for ever, from the 21st day of August then last past, the aforesaid Duchy of Cornwall, and all and singular the honours, castles, lordships, manors, lands, tenements, rents, reversions, services, possessions, advowsons, and other hereditaments, with all and singular their members, and appurtenances, to the aforesaid duchy belonging and appertaining, or which were belonging, annexed, reputed, or taken, parcel of the same, any time of the reigns of Hen. 6. and Edw. 4, late Kings of England, in as ample and large manner, with all liberties, franchises, and other things to the same [8 Coke 13a], belonging, in like manner, form, and condition as the aforesaid Kings, or either of them had, held, occupied used, or enjoyed, or had held, occupied, used and enjoyed in the same, in any time during the said Kings reigns, as in the statute aforesaid, in the first year of the reign of the aforesaid late King Hen. 7. abovesaid, amongst other things it is more fully contained, and appeareth: by which the said King James, now King, was and yet is seised of the rest of the manors, lands, and tenements, to the aforesaid Duchy of Cornwall belonging, by the aforesaid late Q. Eliz not aliened, in his demesne as of fee, in the right of his Crown of England, whereupon they pray that the Court here

[8 Coke 13b], [77 ER 496]

take knowledge and notice of the aforesaid statute in the first year of the aforesaid late King H. 7. as abovesaid made, and of the aforesaid statute of the lord the now King, to the aforesaid Duchy of Cornwall belonging, they would take, accept, &c.
And the aforesaid Hen. Hobart, Attorney-General of the aforesaid lord the now King, who, &c. as to that, whereupon the aforesaid Henry Lindley above demurreth in law, inasmuch as he sufficient matter in law for the said lord the King to bar the aforesaid Hen. Lindley from saying, that there is not any such record of any such Act of Parliament, of the aforesaid late King Edw. 3. made, nor any such record of the aforesaid charter by the said late King Edw.'3. by authority of Parliament aforesaid, made, as in the aforesaid, writ of scire facias thereof it is recited and specified, above alleged, which matter the aforesaid Hen. Lindley doth not deny, nor to the same any ways answereth, but that averment to admit utterly refuseth, the said Attorney-General of the said lord the now King, for the said lord the King demandeth judgment, and that the aforesaid letters patent of the aforesaid late Q. Eliz of the aforesaid manors of West Taunton, Trelowia, and Landalpb, with the appurtenances made, be revoked and annulled; and that the said manors with the appurtenances into the hands of the said lord the now King be taken and seised, &c.
And because the Court of the said lord the now King here, will advise of and upon the premises, before it proceeded to judgment thereof, day is given as well to the aforesaid Henry Hobart, Knt. Attorney-General of the said lord the now King who, &c. as to the aforesaid Hen. Lindley, John Hele, and Warwick Hele, before the said lord the now King in the said Court here, until in eight days of St. Hilary next, &c. wheresoever, &c. to hear their judgment thereof, because the said Court here thereof are not yet, &c.
At which day of eight days of St. Hil that is to say, at Westminster aforesaid, come as well the aforesaid Hen. Hobart, Knt. Attorney-General of the said lord the now King, who, &c. in his proper person, as the aforesaid Hen. Lindley, John Hele, and Warwick Hele, by their attorney aforesaid; and upon this the Attorney-General of the lord [8 Coke 13b], the King, as at first demandeth judgment, and that the aforesaid letters patent of the aforesaid manors of West Taunton, Trelowia, and Landalph, with the appurtenances in form aforesaid made, be revoked and annulled, and that the said manors with the appurtenances into the hands of the said lord the now King, be taken and seised, &c.
And because the said Court of the lord the now King, here, will farther advise before that it proceed to judgment thereof, day farther is given as well to the aforesaid Henry Hobart, Knt. Attorney-General of the said lord the King, who, &c. as to the aforesaid Henry Lindley, John Hele, and Warwick Hele, here until in 15 days of Easter next, &c. wheresoever, &c. to hear their judgment thereof, because the said Court of the said lord the now King here, thereof are not yet, &c.

See the form of the judgment hereupon at the end of the case, viz. fol. 30 b.

Prince's Case [8 Coke 13b], 77 ER 496

Report Date: 1606

[8 Coke 13b] THE PRINCE'S CASE.

Resolved, - 1. The instrument made 11 E. 3. to Prince Edward, by which the prince was created Duke of Cornwall and the possessions of the dukedom of Cornwall given to him, with special limitations, and the possessions annexed to the said duchy so as they shall not be severed, with a special clause of revivification r if the special limitations at any time should cease; &c. is a charter made by authority of Parliament.

*Note differences touching letters patent which pass by bill signed without Privy Seal, those which pass by bill signed and by Privy Seal also, and those made by authority of Parliament.*

*There are many examples of Acts of Parliament in the form of the King's charter.*

*The words (by authority of Parliament) in an Act or charter are sufficient to make it an Act of Parliament.*

*An Act of Parliament penned by assent of the King and of the Lords Spiritual and Temporal and of the Commons, is a good Act.
But an Act penned that the King with the assent of the Lords, or that the King with the assent of the Commons, is no Act of Parliament.*

2. The charter having the authority and force of Parliament is sufficient in itself

[8 Coke 14a], [77 ER 497]

without any other Act; and if the King's scire facias hath sufficient matter, it shall never abate, for surplusage not material.

3. The prince hath an estate in fee-simple in the dukedoms.

*The inheritor of which estate ought to be the first begotten son of the heirs of the Black Prince.*

4. Nul tiel record cannot be pleaded against a General Act of Parliament.
But if it be misrecited, the party ought to demur.

This Act is such an Act whereof the Judges and all the kingdom ought to take notice.
If the prince, as Prince of Wales, has judgment to recover, and afterwards the Crown descends to him, he, as King, shall sue execution.*

The Act by 3 Eliz of confirmation of letters patent supplies only particular defects as misnomer of the manors, &c. misrecital, &c. and makes the letters patent good only against the King, his heirs and successors, with a saving to all others.

In scire facias brought upon petition of the prince, Duke of Cornwall, to repeal letters patent made of any parcel of the said duchy, that the King may make livery to the prince the King or the prince may reply to any bar pleaded by the defendants; but the better form is that the King's Attorney, till livery be made, should reply.

*The son and heir apparent of the King, if he is not the first begotten son, is not within the limitation in the instrument 11 Edw. 3.*

---------------------------------------

The King, at the petition of the most noble Prince Henry, the first begotten son, Duke of Cornwall, brought a ^[1] Scire facias against Henry Lindley, Knt and J. Hele-, Serjeant at Law, to repeal letters patent of the late Queen Elizabeth, hearing date the 2d. of May, in the 37th year of her reign, by which the Queen granted to the said H. Lindley, and to One Gelly Mericke (now dead) and their heirs, the manors of West Taunton, Trelowia, and Landalph, in the county of Cornwall, to the ena the King might make livery of them to the said duke, as members [8 Coke 14b], and parts of the duchy aforesaid, and that by force of three Acts of Parliament, two in I 1 E. 3. whereof the one is in form of a charter by authority of Parliament, by which the prince was created Duke of Cornwall, and the possessions of the dukedom of Cornwall thereby given to him, with special limitation, and the possessions, annexed to the said duchy, so as they shall not be severed, with a special clause, of revivification, altho' the special limitation at any time should cease, &c. and of the Act of 32 H. 8. by which the three manors are, made parcels of the Duchy of Cornwall for ever to all intents and purposes, &c. the sheriff returned Sir Henry Lindley, and Serjeant Hele and one Warwick Hele, Knt terre-tenants of the said three manors summoned; and after four imparlances, Sir Henry Lindley, as to the said two several Acts of Parliament, anno 11 E. 3. severally pleaded nul liel record: Serjeant Hele and the said Warwick pleaded the said letters patent of Queen Elizabeth with a non obstante the said Act of 32 Hen. 8. and conveyed to themselves a joint estate, to them, and to the heirs of the said serjeant; and further pleaded the Act of confirmation of letters [8 Coke 15a], patent at the Parliament held 43 Eliz.
And as to the pleas of Sir Henry Lindley, the King's Attorney replied and shewed an exemplification by inspeximus of the said charter of 11 E. 3. under the Great Seal, (as in the record where it is entered in hcee verba) and demanded judgment if against the same he should be admitted to plead nul liel record.
And demurred in law upon the plea of Serjeant Hele and Warwick, who joined with him.
And further ut amici curiœ, and to inform the Court of the truth, and of the state which the King that now is, hath in the residue of the said manors, parcel of the said duchy, they repeated to the Court part of the Act of 1 H. 7. concerning the said Duchy of Cornwall.
And H. Lindley demurre in law upon the replication of the Attorney-General, with whom the attorney joined.

The reason why I have made an abstract of the case, so compendious, is because I have added the whole record at length, and if the case should also be put at large, it would extend, as this casels, to an unnecessary prolixity.
In this case four questions were moved being thought worthy of consideration.

1. If the instrument made 17 Mar an' II E. 3. to Prince Edward be a charter made in time of Parliament, or a charter established by authority of Parliament, and this is the principal and fundamental point on which the whole depends. [8 Coke 15b],

2. If there was any other Act of Parliament but the said charter; and if there is no other Act, if the King's writ be good which alleges another Act.

3. Admitting the prince to be Duke of Cornwall, what estate has the prince in the honour and dukedom of Cornwall? and how has be it q by descent or by purchase q For if the prince has but a particular estate, then, after the particular estate ended the-said Serjeant Hele and his heirs shall have the said manors until, &c.
And then a special judgment ought to be given, with a Quoad, &c. and no general judgment that the letters patent shall be void, nor the inrolment cancelled.

4. If against such Act of Parliament nul liel record may be pleaded.
And the Lord Chancellor, because the cause was of great importance and consequence, assisted himself with a Judge of each of the Courts at Westminster, scilicet, Coke, Chief Justice of the Common Pleas, Fleming, Chief Baron of the Exchequer, and Wihiams one of the Judges of the King's Bench, (for Sir John Popham, Knight, late Chief Justice of the King's Bench, who was called to it, and heard some of the arguments at the Bar, died pendente placito).
And this case was argued very well at the Bar, by Stephens the prince's attorneys), for the King, and by Heron Serjeant for the def endants; and at another day by Dodderidge the King's Solicitor, and by Houghton Serjeant for the defendants; and, lastly, by Hobart the King's Attorney-General.
And afterwards, the same term, the case was argued by Williams and the Chief Baron in one day; and at another by the Chief Justice of the Common Pleas and the Lord Chancellor.
And as to the first point, it was unanimously resolved by the Lord Chancellor and the said justices, that the said charter was made by ^[2] authority of Parliament.
And because duo sunt instruments ad omnes res aut confirmandas, aut impugnandas, ratio et autboritas; they confirmed their opinions, 1. by reason, and then by authorities in law.
For the first they save two reasons, ex visceribus causoa:.
1. Ex impossibili, and that for three causes: 1. It would be impossible if the said charter was not established by Parliament, that the estate, either of the honour to be, Duke of Cornwall, or of the possessions thereof being limited in such special manner as it is, should be sufficient in law.
For the limitation of both is, ^[3] babendu et tenendum eidem Duci, et ipsius et hæredum suorum Regain Angliæ, filiis primogenitis et dicti loci Ducibus, in regno Angliæ hæreditarie successuris.
So that he who ought to inherit by force of this grant, ought to be the first begotten son and heir apparent of the King of England, and of-such King as is heir to Prince Edward, and that such first begotten son and heir apparent to the Crown shall inherit the said dukedom in the lifetime of the King his father.
So that if there be King, grandfather, father and son, now the father being the first begotten son of the grandfather, is Duke of Cornwall in the life of the King, and eo instante that the grandfather dies, the father is King, and eo instante also the son is Duke of Cornwall; which course of inheritance being against the rules of the common law, ^[4] cannot be created by charter without the force and strength of an Act of Parliament.
And in this case the Kings eldest son has ^[5] this dignity by right of inheritance, in like manner as the eldest sons of grandees and peers of the realm who have super-eminent dignities in them, have in appellation and curtesy only; as suppose there be a grandfather baron, and a father and son; and the King creates the grandfather an earl, eo instante the father is a baron in' appellation and curtesy, and eo instante that the grandfather dies, [8 Coke 17a], the father is earl, and the son baron by curtesy: et sic de similibus.
2. It wold be impossible that the possessions of the duchy should be so annexed by the charter in the same manner as the charter purports; for the clause of annexation is, Quae quidem omnia castra, burg' vill', maneria, &c. preed' ducatui, praesenti charta nostra pro nobis et haeredibus nostris annectimus et unimus eidem in perpetuum remansur', ita quod ab eodem ducatu aliquo modo nullatenus separentur, nee alicui seu aliquibus aliis, quam dicti loci ducibus per nos vel haeredes nostros donentur, seu quomodolibet concedantUr: which indissoluble and inseparable annexation cannot be made in such manner by charter only, without Act of Parliament.
3. ^[6] It would be impossible by the rule of law, that an estate in land should cease and revive again, as by the clause of revivification is intended, by charter Only ^[7]; which clause is, ita quod preafat' Duce, seu aliis ejusdem loci ducibus decedent', et filio seu filiis, ad quos dictus ducatus proatextu doni et concessionis nostrorum proedictorum spectare dignoscitur, tune non apparentibus, idem ducatus cum castris,burg' villis, &c. ad nos vel haeredes nostros Reges Angli 2a revertatur [8 Coke 17b], in manibus nostris et ipsorum boeredum nostrorum Reg' Angliee retinend', quousque de hujusmodi filio seu His in dicto regno Anglioe hoereditarie successor' appareat, ut dictum est, quibus tune successive ducatum illum earn pertinentiis, pro nobis et boparedibus nostris concedimus et volumus liberari, tenend' prout superius est expressum.
For although a ^[8] rent newly created (to which no man can have an ancient right) may cease for a time, and revive again, yet land, which is of a more solid nature, and to which another may have an ancient right, cannot so do, as it is resolved in Corbet's case, in the First Part of my Reports.

The second reason was, ex absurdo, that six others being created earls at the same time ^[9] for the honour of the prince, all their creations and donations should be firm and good in law to some of them and the heirs of their bodies; and to others in fee-simple; and that the creation of the prince himself, and of such a most noble prince, and the grant to him of the said castles, manors, &c. should be either void in law, or but an estate at will; and especially in such a time when the Judges (who always attended the Parliament) were the most wise and learned in the law.

It remains then to see what authorities and precedents there are in law to prove the said charter has the [8 Coke 18a], force of an Act of Parliament.
And that was proved four manner of ways.
1. Out of the charter itself, and authorities in law agreeing to it.
2. By grants and estates made by the prince, and by letters patent of Kings.
3. By judgments given according to the ordinary course of law, and resolutions of the Judges in the King's Courts.
4. By resolutions in Parliaments by the King and the whole body of the realm. 1. In the charter itself made to the prince, two clauses were observed, which prove that it had the authority of ail Act of Parliament.
1. In the beginning of the charter it is said, Considerationis nostrae intuitus ad personam dilecti et fidelis nostri Edwardi, Comitis Cestriae, filii nostri primogeniti, intimos convertentes, volentesque personam ejusdem honoraria eidem filio nostro nomen et honorem Ducis Cornubim de communi assensu et consilio Prealatorum, Comitum, Baronum, et aliorum de consilio nostro in praesenti Parliamento convocat' existent' dedinius, &c. ^[10] By which it appears, that the charter was made by authority of Parliament.
And it was resolved, that this clause extends to all the parts of the charter, which clause of itself had been sufficient.
2. In the close and end of the charter, which is parcel of the record, it is said Dat per manum nostram apud Westmonast' 17 die [8 Coke 18b], Martii, anno regni nostr1 H. per ipsum Regem et totum consilium in Parliamento.
Which also proves that it was made by authority of Parliament.
And it was more for the honour of the King that the creation and donation should be in the form of a charter, and that witnesses should be called to it, so that nothing should be omitted which belonged to a complete charter-, and so principally to proceed from the King, as the fountain of all honour and dignity; than if the creation and donation had been only by Act of Parliament; in which all would be donors.
Note, reader, if letters patent pass by bill signed without Privy Seal, the patent is subscribed, per ipsum regem, (and then the bill signed remains with the Chancellor for his warrant:) and when it passes by bill signed, and by Privy Seal also, then the Privy-Seal remains with the Chancellor, and the bill signed remains with the Clerks of the Signet, and the Lord Privy Seal has an extract thereof to inake the Privy Seal, and then the letters patent are subscribed, per breve de privato sigillo ^[11]: and authoritate Parliamenti be added then it passes according to the Act of 27 Hen. 8. cap. 11.
And when the King signs the patent itself in the upper part, and the signature and Great Seal go together, then it is subscribed, propria per ipsum Reg' manu sua. [8 Coke 19a], And when it is made by authority and consent of Parliament then it is subscribed, Per ipsum Regem, et totum consilium in Parliamento, or to the like effect.
And it is to be known, that in ancient times, as well when any land, franchise, or hereditament, did pass from the King of any estate of inheritance, as in the creation of any to honour and dignity by letters patent, the conclusion was with ^[12] Hiis testibus: but of long time for lands, franchises, or hereditaments, this form has been discontinued, and now, and so it hath been of long time, the patent concludes,' ^[13] Teste moipso, &c.
But in all creations to honour and dignity by letters patent, the ancient form of conclusion of Hiis IeSOUS is continued to this day and that Acts of Parliament do go I'D the form of the King's charter, we have many examples in law.
1. ^[14] Magna Charta, made 9 Hen. 3. which begins, Imprimis, concessimus Deo, et hâc praesenti charta nostra confirmavimus pro nobis et haeredibus nostris imperpetuum, &c. and the charter concludes with Hiis testibus, et datum per manum nostram as ours doth: and although it doth not appear in the charter itself by express words, that it was made by authority of Parliament, yet because many parts of it cross and change the common law, which a charter alone cannot do, and it appears by the last chapter, [8 Coke 19b], that for the said grand charter, Archiepiscopi, Episcopi, Abbates, Priores, Comites, Barones, Milites, liberi tenentes, et omnes de regno nostro dederunt nobis quintodecimam partem omnium mobilium suorum: this clause in the conclusion of the charter, proves it by implication to be an Act in ^[15] form of a charter ^[16].
And, lastly, it hath always had the allowance of an Act of Parliament, and therefore ought to be so taken; which is a stronger case than ours is, for here are full and express words; and anno 21 H. 3. brey. 881. in The -Earl of Chester's case, the 11 chapter of Magna Charta, quod communia placita non sequantur curiam nostram, is cited to take away the jurisdiction of the King's Bench; and this grand charter had been allowed and confirmed above ^[17] thirty times by Acts of 'Parliament.
So the Act of 21 H. 3. de anno bissextili begins, Rex Justiciariis suis de Banco, &c. in the form of a patent or writ.
The statute of Protections, anno 33 E. 1. de conjunctim feoffatis, anno 34 E. 1. which begins, Rex omnibus ad quos, &c. and concludes, in cujus rei testimonium has literas nostras fieri fecimus patentes. Teste, &c.
So the statute de Artic' Cleri, 9 E. 2. begins E. Dei gratia, &c. omnibus ad quos, &c. and concludes, in cujds, &c. Teste, &c.
Two statutes made anno 14 E. 3. one pro clero, and the other concerning England, that it should not be in subjection to [8 Coke 20a], France, and many other Acts of Parliament are made in the form of the King's charter ^[18].
And it was resolved, that these words in an Act, or charter, (by authority of Parliament) are sufficient to make it an Act of Parliament.
Bracton calls the Court of Parliament, magna curia, magnum consilium, and commune consilium regni.
The said Statute de anno Bissextiff is Rex per consilium fidelium subditorum.
The statute de Bigamis, anno 4 E. 1.
In proesentia venerabilium patrum quorundam Episcoporum Angliae, et aliorum de consilio Regis. 7 E. 1. De religiosis, de consilio Prealatorum, Comitum, Baronum et aliorum fidelium regni nostri, de consilio nostro existentium, providimus, statuimus, et ordinavimus: and, as I may say, in the front of the Act, dom' Rex in Parliamento suo ^[19] statuta edidit. 13 E. 1.
The Statute of Winchester, in the said Act it is said, our lord the King, to abate the power of felons, hath established a pain in this case, &c. and in the end of the said Act, the King commands and forbids, that from henceforth neither fair nor market be holden in churchyards. 20 E. 1.
The Statute de Vocat' ad warrant' domin' Rex de ^[20] Communi consilio suo statuit.
The statute de Appellatis 28 E. 1. Dom' Rex in Parl' ^[21] statuit. 27 Ed. 3. c. 1. Staple, the Court of Parliament is called the Gr. Council; and many Acts to this purpose were cited, to shew the variety of penning [8 Coke 20b], of Acts of Parliament: and the original writs which are founded, on any statute say. quare cum de communi consilio reg' nostri Angl' provisum sit, &c. and the writ on the Stat of Labours saith, cum per consilium nostrum pro communi utilitate regni ordinatum sit. 11 H. 7. 27.
If an Act of Parliament be penned by assent of the King, and of the' Lords Siritual and Temporal, and of the Commons, or, it is enacted by authority of Parliament, it is a good Act; but the most usual way is, that it is enacted by the King by the assent of the Lords, Spiritual and Temporal, and of the Commons. 7 H. 7. 14. a. b. and ^[39] 34 Ed. 3. 12. Ace and there it is said, that there are many statutes which are indited quod dominus Rex statuit: yet if they be entered in the Parliament ^[22] roll ^[23], and always allowed for Acts of Parliament, it ^[24] shall be intended that it was by authority of Parlia&-ent: but if an Act be penned, that the King, with the assent of the Lords, or with the assent of the Commons, it is no Act of Parliament, for ^[25] three ought to assent to it, scil. the King, the Lords, and the Commons or otherwise, it is not all Act of Parliament'; and by the record of the Act it is expressed which of them gave their assent, and that excludes all other intendments that any other gave their assent ^[26]; and so there is a difference between a general and particular penning of an Act of Parliament.

Vide 8 H. 6. c. 29. and 5 R. 2, c. 2. of [8 Coke 21a], fugitives: 21 E. 3. 6. ^[60] The Bishop of Norwich his case.
And at this very Parliament of 11 E. 3. Henry, son of Henry, Earl of Lancaster was created by charter, ad requisitionem Prealatorum, et Procerum et communitatis regni nostri in instante Parliamento nostro apud Westm' convocat' to be Earl of Derby, to him and the heirs males of his body.
Also by another charter, the King created William de, Bobun, de communi assensu Pr.Tlatorum, Comit', Baronum, et aliorum de consilio nostro in praesenti Parliamento nostro, Earl of Northampton, to him and the heirs of his body.
And at the same Parliament, he by charter created Hugh de Andley Earl of Gloucester, de definito dicti Parliam' nostri consilio, &c.
And by charters with the like words, the King at the same Parliament, created William de Clynton Earl of Huntingdon in tail, Robert de Ufford Earl of Suffolk in fee-simple, William de Monte acuto Earl of Salisbury in fee-simple; and all these were creations with donations of lands, ad sustinend' nomen et onus, by authority of Parliament, in form of the King's charter, with the conclusion of this testibus, and some with such subscription, per Regem et consilium in Parliamento and some per Regem et consilium in plené Parliamento; and others, per ipsum Regem et totum consilium in Parliam' &c. all-which are of one and the same effect.
And those were the proofs collected out of the charter [8 Coke 21b], itself, and other Acts of Parliament which are penned in the form of the King's charter.

2. The same is proved by letters patent, as ex rotulo patentium de anno 14 E. 3. num. 18. which was within threeyears after this charter: the King granted to the prince, by the name of Edward Duke of Cornwall, &c. to be Lieutenant of the Realm so long as the King should he beyond the sea.
In anno 21 E. 3. Ex Rot' Patent' in Turre, the said prince (within ten years after his creation) for the fine of a thousand marks, did demise to Tideman de Limbergh, Cunagium stannariae totius Ducatus Cornubiae pro tribus annis, necnon eraptionem totius stanni tam infra dictum ducatum Cornubioa quam com' Devon fossi et fodendi quod vendi debet, reddendo annuatim three thousand marks, which the prince could not have done, if he had but an estate at will, as a greater he had not, if the said charter had not the force of an Act of Parliament.
Other letters patent were cited in 5 H. 4. ex rot' patent, ibidem, Rex, &c.
Sciatis quod regum Anglioe primogeniti filii in ducatum Cornubiae haereditarie sunt successuri: and divers other letters patent were cited to the same effect.

3. The same is proved by judgments and resolutions of Judges - in ^[27] 18 Ass pl. 5. Thorp saith, that it was adjudged in Parliament, that if a gift be made to one and to his [8 Coke 22a], heirs ^[28] males, that his sisters and other heirs collateral, as well as heirs males, shall be inheritable, because by such gift he hath fee-simple ^[29]: and it was inferred, that such resolution might well be at the Parliament 11 E. 3. where the said creation of the prince, and annexation of the said lands, were in consideration: and because it could not take effect by gift or grant it was advised that it should be by Act of Parliament because there was not any such descent or course of inheritance by the common law. 21 E. 3. 41. the manor of Berkhainsted was by the said charter annexed to the said duchy, the Judges there allowed the gif†of the said manor to be good to the prince, which could not be, as it hath been often said, if it had not the force of an Act of Parliament, 39 Ed. 3. 12.
The King, anno 11 of his reign, at his Parliament held at Westminster, made the prince Duke of Cornwall, and many others, earls of this realm, amongst which was William de Monte acuto, Earl of Salisbury.
And in 43 Ass pl. 15. & 45 Ass pl. 6. the gift and annexation of the possessions of the said dukedom, granted by the said charter to the Prince, was alloyed to be good, 50 E. 3. inter record' in the Tower, in the same year Johan the wife of the said prince, was, by order of law endowed in [8 Coke 22b], , Chancery, of the possessions granted by the said charter to the prince her husband; ergo, the charter did convey an estate of inheritance to the prince.
Anno 5 H. 4. ex Rot. Parl' the same year a petition in Parliament was exhibited by the Commons, for the resumption of all grants and letters patent before made, of the lands of the said Duchy of Cornwall, to which the King and the Lords with great gravity and justice, knowing the danger such private bills would introduce, although it concerned the King's eldest son (an excellent precedent to give a caveat to pass few or no private bills between subject and subject, but to refer them either to the Courts of Equity, or of law, where the cause may be duty examined, and upon deliberation discerned and adjudged) gave such answer, it is agreed by the King and the Lords in Parliament, that the said lord the prince, by advice of his council, may have writs of scire facias, or other recovery, the best he may have by the statutes and laws of the kingdom, according as the case requires: and thereupon' a ^[30] scire facias was brought in the name of the King, at the petition of the prince, Trin. 5 H. 4. in the Chancery to repeal a grant which Rich. 2. made (and which was confirmed by King H. 4.) of the manor of Risherghe in the county of Oxford parcel of the said duchy to Sir Lewis Clifford, and [8 Coke 23a], his heirs who was returned, summoned and made default; per quod de advisament' Justiciariorum, &c. consideratum fuit tune et ibidem, quod literae praedict', preafat' Ludovico ut proefertur fact 2a revocentur et adnullentur, &c.
Another ^[31] scire facias was brought anno 6 H. 4. in the name of the King, at the petition of the prince, in the Chancer, to repeal a grant made by King Richard the Second, and confirmed by King Henry the Fourth, of the manor of Heleston, in Kerier in the county of Cornwall, to Nicholas ^[32] Sarnfield, Knight, and Margaret his wife, for their lives, and at the return of the scire facias, sc. Octa. Hil the prince by Thomas Beston his attorney, appeared, and the said Margaret also, her husband being dead, et proedictus Princeps petit quod literae predicted in forma predicta factae revocentur et annihilentur, et quod preadictum manerium, &c. in manus domini Regis seisiatur, et eidem Principi tanquam membrum et parcell' ducatus proedicti juxta formam et effectum dictorum doni, concessionis, et unionis preafati avi- domini Regis, habendum et tenendum, liberetur.
And that record was delivered by the Chancellor into the the King's Bench (Gascoigne being then Chief Justice) and thereupon Margaret pleaded the grant of King Richard the Second, to her for life, and prayed in aid of the King; and had it, &c. and the Court gave day, &c.
And the prince at [8 Coke 23b], the day brought a Procedendo in loquela, dum tamen ad judicium reddendum domino Rege inconsulto nullatenus procederetur: and thereupon Margaret made default, and thereupon day is given by the Court to the prince, &c.
At which day the prince brought a ^[33] Procedendo ad judicium, upon which the Court gave judgment as follows: consideratum est, quod literae praedict' in forma pried' factae revocentur et adnullentur, et quod dictum manerium, &c. in manus domini Regis seisiatur, et eidem Principi tanquam membrum et parcell' ducatus praed' juxta formam et effectum dict' doni, concessionis et unionis praefati avi dicti Regis, habendum et tenendum liberetur.
And in Mich. 30 Hen. 8. In memorandis Scaccarii. Rot. 16. the record saith, ad Parliament' 11 E. 3. tent' inter alia ordinatum et inactitatum fuit, quod comit' Cornubiae imperpetuum moraretur ut ducatus fil' senior' Regum Angliae qui essent hbered' propinquiores regni absque aliquo modo donari, etc.
And there is no opinion in law against it; for the case in I Mar. 94. a b. Dyer, is such (the record of which I have seen, which is entered Trin. 7 E. 6. Rot. 303).
In replevin by Thomas Chafine, Esq, against the Lord Stourton, for taking, &c. at Mere in the county of Wilts: the defendant did avow for damage-feasant; and because the place where doth contain 200 acres of land, whereof King [8 Coke 24a], H. 8. was seised in fee and 35 H. 8. demised to one Pyster for years, who granted it to the Lord Stourton; in bar of which avowry, the said plaintiff Chafine pleaded, Qud dominus Edward' quondam Rex Anglia tertius, progenitor domini Re gis nunc, fuit seisitus de manerio de Mere in comitatu preedicto unde et caetera, in dominico suo ut de feodo in jure Coronve suae Angliae, et sic inde seisitus existens, ad Parliamentum suum tentum apud West-monast' in comit' Middlesex', di Lunoa proxim' post festum. Sancti Mathioa Apostoli, anno regni sui undecimo, inter coetera, per assensum omnium tam PrTlatorum, Comitum, Baronum, et aliorum, quam gentium de communitate, accordatum fuit, quod pro honore dicti nuper Regis et ter' stioe, et ad fortificationem, ejusdem, et pro eo quod ex antiquo esset unus Dux Cornabioe, quod diet quondam Rex preeficeret dominum Edward filium suum adtunc Comit' Cestrioe, ducem Cornub', et quod filius senior Regum Angl', Videlicet, illi qui essent proxim' haered' de regno Angliae, essent Duces Cornub', et quod dictus comit dat esset dicto domino Edwardo in nomine ducat', et quod dict' com' Cornubioa imper-petuum moraretur tit Ducatus filiorum seniorum. Regum. Anglioe qui essent proximi haeredes regni absque aliter donat' existen', prout in eodem actu inter alia plenius continetur: Posteaque predictus nuper Rex Edwardus 3. seisitus existens de pread' maner' de Mere [8 Coke 24b], cum pertinentiis unde, &c. in dominico suo ut de feodo et jure, ut in jure coronee sme Angliee, per literas suas patentes, quarum dat' est apud Westmonasterium xvii die Martii anno regni sui undecimo et in curia hic prolat', recitans per easdem, quod cum nuper personam dilecti et fidelis ipsius nuper Regis Edward' tunc Comitis Cestrioe filii sui primogeniti honorare volens, eidem filio suo nomen et honorem Ducis Cornubiee dederit, ipsumque in Ducem Cornubioe proefecerit, et gladio cinxerit, ut deceret, dederit et concesserit, et per easdem literas suas patentes pro se et hTredibus suis confirmaverit, eidem filio suo sub nomine et honore Ducis dicti loci, inter alia proedictum manerium de Mere cum pertinentiis: habendum et tenendum eidem nuper Duci, et ipsius et boered' suorum'Regum Angli, filiis primogenitis, dicti loci ducibus, in regno Anglim hoareditarie successor': quod quidem manerium cum pertinentiis idem nuper Rex Edward' 3. proadicto ducatui pro se et hearedibus suis per proedictas literas patentes, inter alia, annexit et univit eidem imperpetuum remansur', ita quod, &c.
And farther pleaded the cause of revivification, as in the charter: by force of which Act, and of the said letters patent, the said Edward the prince fuit seisitus de manerio preadicto, inter alia eidem ducatui unit' et annex' et ejusdem ducatus parcell in dominico suo [8 Coke 25a], ut de feodo ut feodo et jure: and afterwards the said Prince Edward died, by which King Edward 3. was seised of the said manor in fee, and that he died, and the same descended to King Henry the Eighth, ut consanguineo et hoaredi ipsius Ed. 3. and afterwards King Henry 8. had issue Edward 6. his first begotten son, by which he was Duke of Cornwall, &c.
And afterwards King Henry 8. made the lease to Pyster, prout, &c. and afterwards King Edward 6. anno 4. demised the said two hundred acres to Chafine for one and twenty years, upon which it was demurred in law.
And because the said charter of King Edward 3. was pleaded (without authority or force of Parliament) there it seemed
1. That the prince had but an estate at will.
2. That the King could not unite and annex the said manor to 'the said duchy by letters patent without authority of Parliament, and make it parcel of the duchy, and to alter the form and course of the duchy.
3. Per mortem Ducis Cornubia-, the manor came to the King as an escheat for want of a duke and first begotten son, and was then knit and rejoined to the Crown in lieu of the seigniory, and by the birth of any other son it could not be severed, &q.
And all that was moved only by one of the counsel; for the book saith, Et justic' nolu' arguere istu' casu' ut credo, propt' pregyn' M. Reg'
ut if the said opinion should be admitted, yet it proves nothing against this reason, for by the said [8 Coke 25b], Act mentioned in the plea nothing passes, but the charter ought to pass the said manor, &c. and the same cannot pass in such manner without authority of Parliament, nor can the charter alone annex the said manor to be parcel of the duchy, and the charter was not pleaded to be made by authority of Parliament.
And as to the opinion in the case of Alton Woods, in the First Part of my Reports, it is there also admitted the the said grant was only by charter.

4. It is proved by Judgments and resolutions in ParliamerA that the said charter of creation hath the authority and force of Parliament; 1. Ex Rot' Parliam' anno 5 Hen. 4. a judgment given in Parliament against Sir John Cornwall and his wife Countess of Huntingdon, for certain manors which she had of the Duchy of Cornwall, and which were annexed to it: also by the Act of 33 H. 6. which see inter originalia de 35 H. 6. rot' 29. ex remem' Thesaurar' in Scaccario: et ex rot' Parliam' de 9 H. 5. where it is resolved and affirmed by both Acts of Parliament, that the said King Edward 3. by his charter 17 Mar an' I I E. 3. of the common assent and counsel of the prelates, earls, barons, and others of his Council in his Parliament gave, &c. as in the charter.
And it is provided by the same Act of Parliament of 9 H. 5. that the manor of Isleworth, which was an-nexed by the said charter, &c. should be [8 Coke 26a], severed and disannexed; in which two things were observed: 1. That the said charter of King Edward 3. hath the authority and force of Parliament. 2. That the said manor of Isleworth was so annexed, &c. that it could not be suffered or disannexed but by Act of Parliament: and all this is likewise affirmed by another Act of Parliament, anno 30 Hen. 6. ex rot' Parliamenti. Vide the Act of 3 Ed. 4. ex rot'Parliamenti, and the Act of 22 Ed. 4. ex eodem rot' of a very long exchange between the King and the Earl of Huntingdon, which Act is revoked by an Act made 11 H. 7.
And see the Act of 1 H. 7. ex rot' Parliamenti of the samc year, (part of which is pleaded by Hele Serjeant, and Warwick Hele) by which it is enacted, that Henry 7. should have and bold the dukedom of Cornwall, &c. to him and his heirs, in as large and ample manner and form, &c. as th'Kings Henry 6. or Edward 4. or any of them enjoyed the said manors, &c. but they omitted this subsequent clause, scilicet, " And be it also ordained and established by the same authority that whensoever our Sovereign Lord, by the grace of God, have first a son of his body lawfully begotten, that the same son and Prince have and enjoy the said duchy of ^[34] Cornwall, &c. in as ample and large form and manner as any prince first begotten son of any King hath had or [8 Coke 26b], enjoyed before this Act. " And all that which hath been said is resolved and affirmed by authority of Parliament, anno 32 H. 8. mentioned in the scire facias: wherefore it was resolved by the Lord Chancellor, and the said justices, that the said charter hath the authority and force of an Act of Parliament.

As to the second point it was resolved, that the charter having the authority and force of Parliament is sufficient in itself, without any other Act; and if the King's scire facias hath sufficient matter, it shall never abate for surplusage not material. Vide 4 H. 6. 16 b. 45 E. 3. 6 a. 40 Ass pl. 26. Vide the Act of 9 Hen. 5. for there it is affirmed by the whole Parliament that at the Parliament held at Westminster, the Monday next after the Feast of Saint Matthias the Apostle, in the 11th year of the reign of King Edward the Third amongst other thingS, it was agreed, that the eldest sons of the Kings of England, scilicet, those who should be next heirs to the realm of England, should be Dukes of ^[35] Cornwall and that the county of Cornwall should always remain as a duchy to the eldest sons of the Kings of England who shall be next heirs to the said realm, without being given elsewhere.
And thereupon- King Edward by his charter 17 Martii then next following, of common [8 Coke 27a], assent and counsel of the prelates, earls, barons, and others being of his Council in the said Parliament, gave, &c. but the Court relied on the King's charter, with the authority and assent of Parliament; for that of itself is sufficient.

As to third point it was resolved, that the prince hath an estate in feesimple in the said dukedom: for every estate of inheritance is either f 6e-simple or fee-tail; and this is not an estate-tail, for it is not limited or restrained either by express words, or by any that are tantamount, to the heirs of the body of the prince; for the gift is to the said prince, et ipsius et hoered' suorum. Regarn Anglive filiis primogenitis.
So that he who ought to inherit ought to be the first begotten son of the heirs of the Black Prince, he be heir lineal or collateral; but such heir ought to be King of England.
Which manner of limitation of the estate was short, excellent, and curious: for to raise the estate of inheritance these essential words (his heirs) were not omitted, although afterwards they were qualified, as by the limitation appears.
And that this was an estate of inheritance, is proved by the said record of 50 Edward 3. by which it appears, that the wife of the Black Prince was endowed ^[36].
And it appears by the book of 21 Edw. 3. 41. that the [8 Coke 27b], prince, in the said manor of Berkhamstead (parcel f the said Duchy of Cornwall) had fee.
And the said judgments in 5 and 6 H. 4. prove it; for there judgment generally is given, that the letters patent should be revoked and made void, &c. which judgment could not have been given, if any estate or reversion or possibility, did remain in the patentee, for then the letters patent should not be made void, but the judgment should be, that the letters patent should be made void and annulled as to the estate of the prince.
Also it appears by the livery in 33 Hen. 6. ex rot' Parl', and by Act of Parliament 38 H. 6. ex eodem rot', that Edward, eldest son of Hen. 6. had his livery as inheritance by descent due to him by birthright; and so had Edward, the first begotten soil of Edward 4; and Arthur, the first begotten soil of Hen. 7. to whom livery was made of the said duchy, which belonged to them jure hœreditario.
In anno 22 E. 4. ex rot' Parliament', in the said long exchange between the King and the Earl of Huntingdon, there the prince is adjudged to be seised of the Duchy of Cornwall in fee-simple; and so it was unanimously resolved by the Lord Chancellor and the said justices, that the prince hath a fee-simple by descent, in the honour and possessions of the said duchy.

As to the 4th point it was [8 Coke 28a], resolved, ^[37] that against a general Act of Parliament, or such all Act whereof the Judges.ex officio ought to take notice, the other party cannot plead nul tiel record; for of such Acts the Judges ought to take notice: ^[38] but if it be misrecited, the party ought to demur in law upon it ^[39].
And in that case the law is grounded upon great reason; for God forbid if the record of such Acts should be lost, or consumed by fire, or other means, that it should tend to the general prejudice of the commonwealth; but rather, although it be lost or consumed, the Judges, either by the printed copy, or by the ^[40] record in which it was pleaded, or by other means, may inform themselves of it.
See Partridge and Croker's case, &c. Plowd. Com fol. 78.

^[41] And it was resolved that this Act, which concerns the King, and the prince who is the first begotten son of the King, and heir apparent to the Crown for the time being, perpetuis futuris temporibus, is such an Act whereof the Judges and all the kingdom ought to take notice: for every subject hath an interest in the King, and none of his subjects, who is under his laws, are divided from him, being their head and sovereign, so that the King's affairs and concerns touch the whole kingdom, and especially ^[42] when they regard the prince, [8 Coke 28b], the first begotten son of the King, and heir apparent to the Crown, coruscat enim Princeps radiis Regis patris sui, et censetur una persona cum ipso Rege, as it is said in the Act of Parliament of 38 H. 6.
And therefore if any one intends the death of the prince, and declares it by open act, it is high treason, by the ancient common laws of England, and so declared by the statute of 25 Edw. 3. 1 Hen. 5. 7 b.
If the prince, as Prince of Wales, hath judgment to recover, and afterwards the Crown descends to him, he, as King, shall sue execution.
And with the reason of this resolution in this point agreeth the rule of the Court in Plowd. Com. in The Lord Berkley's case, 231. that the Act of 35 Hen. 8. which concerns the capacity of the Queen, was such an Act whereof the Judges ought to take knowledge, because it concerns the King's wife; and by the ^[43] same reason in this case of The Prince.
And it was agreed, that if nul tiel record should be admitted to be pleaded in this case, that the substance and effect of the record sufficient to maintain the said scire, facias appears in the record exemplified ^[44] under the Great Seal.
It was also resolved, that the Act of 43 El. of Confirmation of Letters Patent pleaded by Hele Serjeant, and War. Hele his son, doth not extend to this case for two manifest reasons. 1. Because the Act supplies only certain [8 Coke 29a], particular defects, as misnomer of the manors, &c. mis-recital or non-recital of leases, and' other special imperfections mentioned in the Act. 2. The Act makes the letters patent good only against the King, his heirs and successors, with a saving to all others, and therefore without question,

[8 Coke 29b], [77 ER 516]

the right of the prince in this case cannot be bound thereby: and that the Act of 1 H. 7. which Hele Serjeant, and the said Warwick have pleaded, ut amici curiœ to inform the Court of the truth, avails them not; for it is thereby enacted, that King Henry VII. shall have to him and his heirs the said duchy, &c. in as ample and large manner as H. 6. or E. 4. had it; which words of reference preserve the Duchy of Cornwall according to the limitation of creation by the said charter of 11 E. 3.
But in truth the serjeant and his son have not performed the office of a friend or of a good informer, for they have omitted one clause in the same Act which expressly concerns the preservation of the said Duchy of Cornwall to the first begotten son of the King, &c. and have thereby endeavoured to deceive the Court, and suppress the truth.
And, lastly, it was resolved, that (in such scire facias brought by the King to repeal letters patent made of any parcel of the said duchy, to the 'end that the King may make [8 Coke 29b], livery to the prince) the King or the prince may reply to any bar pleaded by the defendants; and both ways are good in law: but the better form is, that the King's Attorney, till livery be made, should eply, as he did in the case at Bar.
And as to the clause of non obstante in the letters patent of Queen Elizabeth, it was resolved, that it could not take away the force of the said Acts of Parliament, nor prejudice the prince that now is of his right in the said dukedom ^[45].

In this case divers things were observed: -1. That the eldest son of every King (since the said creation) has been Duke of Cornwall, and so allowed to be; as Henry of Monmouth, first begotten son of Henry IV. and Henry of Windsor, first begotten son of Henry v and Edward of Westminster, the first begotten son of Henry VI. and Edward of Westminster, the first begotten son of Edward IV. and Arthur of Winchester, the first begotten son of Henry VII. and Edward of Hampton, the first begotten son of Henry VIII.
And all these have enjoyed the style, honour, and possessions of the said Duchy of Cornwall, so that the possession hath been always, without interruption, with the first begotten Solis of the Kings, ever since the said creation, in I I Edw. 3. which is about three hundred years: so that after the said creation there has been never a first [8 Coke 30a], begotten son of any King, but he was Duke of Cornwall. 2. That Richard de Bourdeaux, who was son of the Black Prince, was not Duke of Cornwall by force of the said creation; for although after the death of his father he was heir apparent to the Crown, yet because he was not the first begotten son of any King of England (for his father died in the lifetime of King Edward III.) the said Richard was not within the limitation of 11 Ed. 3. and therefore in ann. 50 E. 3. he was created Duke of Cornwall by a special charter: nor was Elizabeth, the eldest daughter of King Edward IV. Duchess of Cornwall, for she was the first begotten daughter of the King, and the limitation is to the first begotten son.
Neither was King Henry VIII. in the life of his father, after the death of Prince Arthur his brother, by force of the said creation, Duke of Cornwall; for although he was the sole son and heir apparent of Henry VII. yet for as much as he was not the ^[46] first begotten son, he was not, within the said limitation; for Prince Arthur was his first begotten son (M).

[8 Coke 30b], [77 ER 518]

3. The great care and regard of every King, from the time of the said creation, to preserve the said dukedom to his first begotten son.
And after divers continuances the judgment was given as follows: -

[8 Coke 30b] Whereupon all and singular the premises being seen, and fully understood by the well-beloved and faithful counsellor of the said lord the now King, Tho, Ld. Ellesmere, Chancellor of England, and by the said Court here, and mature and diligent deliberation and advisement being thereupon had by the same Ld. Chanc and the said CourC here (together) with J. Popham, Kt. CJ of the said lord the now King, assigned for pleas I to be held before the lord he King himself, Edw. Coke, Kt. CJ of the same lord the King of the (Court of) Common Pleas, Tho. Flemming, Kt. Ch Baron of the Exchequer of the same lord the King, and David Williams, Kt. one of Justices of the said lord the King, assigned for pleas to be held before the King himself, it seemeth to the said Ld. Chan and to the said Court here, that the plea of the aforesaid J. Hele and War. Hele, by them above pleaded in bar, and the matter in the same plea contained, are not sufficient in law to maintain that the letters patent of the said late Queen Elizabeth of the aforesaid manors of West Taunton, Trelowia, and Landalph with their appurtenances made in the form aforesaid ought to be revoked and cancelled, nor that those manors possession hath been always, without interruption, with the first begotten Solis of the Kings, ever since the said creation, in I I Edw. 3. which is about three hundred years: so that after the said creation there has been never a first [8 Coke 30a], begotten son of any King, but he was Duke of Cornwall. 2. That Richard de Bourdeaux, who was son of the Black Prince, was not Duke of Cornwall by force of the said creation; for although after the death of his father he was heir apparent to the Crown, yet because he was not the first begotten son of any King of England (for his father died in the lifetime of King Edward III.) the said Richard was not within the limitation of 11 Ed. 3. and therefore in ann. 50 E. 3. he was created Duke of Cornwall by a special charter: nor was Elizabeth, the eldest daughter of King Edward IV. Duchess of Cornwall, for she was the first begotten daughter of the King, and the limitation is to the first begotten son.
Neither was King Henry VIII. in the life of his father, after the death of Prince Arthur his brother, by force of the said creation, Duke of Cornwall; for although he was the sole son and heir apparent of Henry VII. yet for as much as he was not the ^[47] first begotten son, he was not, within the said limitation; for Prince Arthur was his first begotten son ^[47].

[8 Coke 30b], [77 ER 518]

3. The great care and regard of every King, from the time of the said creation, to preserve the said dukedom to his first begotten son.
And after divers continuances the judgment was given as follows: -

[8 Coke 30b] Whereupon all and singular the premises being seen, and fully understood by the well-beloved and faithful counsellor of the said lord the now King, Tho, Ld. Ellesmere, Chancellor of England, and by the said Court here, and mature and diligent deliberation and advisement being thereupon had by the same Ld. Chanc and the said CourC here (together) with J. Popham, Kt. CJ of the said lord the now King, assigned for pleas I to be held before the lord he King himself, Edw. Coke, Kt. CJ of the same lord the King of the (Court of) Common Pleas, Tho. Flemming, Kt. Ch Baron of the Exchequer of the same lord the King, and David Williams, Kt. one of Justices of the said lord the King, assigned for pleas to be held before the King himself, it seemeth to the said Ld. Chan and to the said Court here, that the plea of the aforesaid J. Hele and War. Hele, by them above pleaded in bar, and the matter in the same plea contained, are not sufficient in law to maintain that the letters patent of the said late Queen Elizabeth of the aforesaid manors of West Taunton, Trelowia, and Landalph with their appurtenances made in the form aforesaid ought to be revoked and cancelled, nor that those manors

Super quo visis et plenius intellectis omnibus et singulis preamissis per proadilect' et fidelem consiliar' dicti domini Regis nunc Thornam Dominum Ellesmere Cancellar' Anglioe et per dictam cur' hic habitaque inde per eundem Dom' Cancellar' et dict' cur' bie, matura et diligenti deliberat' et advisamento cum Johan' Popham milit' Capitali Justic' dicti dorn' Regis nunc ad placita coram ipso dom' Rege tenend' assignat', Edward' Coke mil' Capitali Justic' ipsius dom' Regis de Com' Banco, Thorn' Fleming milite Capitali Barone de Scaccario ejusdem dom' Reg' et David' Williams milite, uno Justic'- dicti dom' Regis ad placita coram ipso dom' Rege teuend' assignat', Videtur eidem Dom' Cancellar' et dictea cur' hic, quod placitum prood' Johan' Hele, et Warwici Hele, per ipsos superius in barram placitat' ac materia in eodem placito content' minus- sufficiens in lege exist' ad manutenend', quod prTd' literve patentes proed' nuper Reg' Elizabethee, de proedict maneriis de West Taunton, Trelowia, et Landalpb proed', cum pertinen' in forma preed' fact', revocari et cancellari, aut quod maneria illa cum pertin' in manus dicti dom' Reg' nunc capi et seisirl nom debeant, prout prEed' H. Hobart Attor' dicti dom' Reg' General'

[8 Coke 31a], [77 ER 519]

qui, &c. pro eod' dom.' Reg' super' inde alleg'. Et quod praed' placitum praed' Hen. Hobart Attornat' dicti domini Regis nunc generalis, per ipsum pro eodem dom' Reg' modo et forma praed' (ad barram, praed' Hen. Lindley) superius replicand' placitat' ac materia in eodem placito content', sufficien' in lege existunt ad proacludend' praefat' Hn. Lindley a dicendo, quod non habetur aliquod tale record' alicujus talis actus Parliam' proad' nuper Regis Edwardi tertii edit', nec aliquod tale record' preed' chartae per eundem nuper Reg'Edwardum tertium authoritate Parham' proadicti confect', qual' in preadicto brevi de Scire facias inde superius recitatur et specificatur, prout proad' Henricus Hobart Attornat' dicti dom.' Regis Generalis, qui, &c. pro eodem dom' Rege superius inde allegavit. Ideo consideratum et adjudicaturn est per dictum Dominum Cancellhr', et per dictam curiarn hic, de advisamento praedicto, quod proed' literae patentes praedict' nuper Regin' praefatis Gellio Merick et Hen. Lindley, ut praefertur fact' quoad praedict' maner' de West Taunton, Trelowia, et Landalph praedict' cum pertinen') revocentur, evacuentur, adnullentur, ac vacuve et invalidoe et pro nullo penitus habeantur et teneantur. Ac etiam quod irrotulament' earundem (quoad eadem maneria) cassetur, cancelletur, et adnihiletur. Quodque maneria illa cum pertinentiis in manus dicti dom' Regis nunc capiantur et seisientur, ut ea proefato nunc Duci (Cornub') tanquam membrum et parcell' ducatus sui prmdicti, secundum formam et effectum doni, concession', et unionis praedict' habendum et tenendum, per dictum dominum. Regem nunc liberentur, &c. with their appurtenances ought not to be taken and seised into the hands of the said lord the now King as the said H. Hobart, Attorney-General of the said lord the King who sues, &c. hath for the same lord the King thereof (i, e. touching the same) above alleged, and that the aforesaid plea [8 Coke 31a], of the said Henry Hobart, Attorney-General of the said lord the now King by him for the said lord the King in manner and form aforesaid, (to the bar of the aforesaid Henry Lindley) above by replying pleaded, and the matters in the same plea contained are sufficient in the law to preclude the aforesaid Henry Lindley, from saying, that there is not any such record of any such Act of Parliament of the aforesaid late King Ed. 3. made, nor any such record of the aforesaid charter by the same late King Edward 3. made by authority of the aforesaid Parliament, as in the aforesaid writ of scire facias is thereof recited and specified, as the aforesaid Henry Hobart Attorney-General of the saiddord the King, who sues, &c. for the same lord the King hath thereof above alleged: Therefore it is considered and adjudged by the said Lord Chancellor, and by the said Court here, by the advisement aforesaid, that the aforesaid letters patent of the aforesaid late Queen (Elizabeth) to the aforesaid Gellio Merick and Henry Lindley, made as aforesaid (as, to the said manors of West Taunton, Trelowia and Landalph aforesaid, with the appurtenances) be revoked, vacated, and annulled, and had and held as void and invalid, and for a (mere) nullity-; and also that the enrolment thereof as to the same manors, be quashed and annihilated, and that those manors with the appurtenances be taken and seised into the hands of the said lord the now King, that [8 Coke 31b], the same to the aforesaid now Duke (of Cornwall) as a member and parcel of his duchy aforesaid, to have and to bold, according to the form and effect of the gift, grant, and union aforesaid, may be by the said lord the now King delivered, &c. ^[48].

Note 1   1 Roll. 192. 2 Saund. 720. 10 Mod. 260.    [Back]
Note 2   1 Jon 104.    [Back]
Note 3   Jenk. Cent. Raym. 355.    [Back]
Note 4   Co. Lit. 27 a. 3 Madd. 533.    [Back]
Note 5   Co. Lit. 16 a. Acc. Collins Baron. 165.    [Back]
Note 6   Co. Lit. 27. a An estate in land cannot cease and revive again by charter only. Co. 1. 87. a.    [Back]
Note 7   Vid. note (i 1). Corbet's case, 1 Co. 85. b    [Back]
Note 8   1 Co. 87 a. 130 a. Perk sect. 327. Plowd. 156 a. 10 H. 7. 13 b. 5 E. 2. Dower 143. 12 E. 3. Condit. 11. 22 E. 3. 19 a. 4 Leon. 83. 6 Co. 41 a. 8 Co. 17. b.    [Back]
Note 9   Post. 21.    [Back]
Note 10   Co. Lit. 81 a. 98 b.    [Back]
Note 11   Since the stat. 18 H. 6. cap. 1. patents have frequently concluded thus, VIZ. per breve, de privato sigillo et die dali prodieta, autoritate Parliamenti, which last words divers patents (of that age and some that follow) have in the expression of their warrant by reason of the stat. 18 H. 6. c. 1. by which it was enacted that letters patent shall be dated the same day wherein the warrant for them is received, as to this day; from that time and Act the law hath continued.
Selden's Works, vol. 3. p. 785." Note by Serjeant Hill. Vid. Davenport on Grants and Resumptions 291 to 307. College of Physicians and Cooper, 3 Keb. 588.    [Back]
Note 12   Co. Lit. 7. a. 2 Inst. 77, 78.    [Back]
Note 13   Co. Lit. 7. a. 2 Inst. 77.    [Back]
Note 14   Co. Lit. 81 a. 2 Inst. 78.    [Back]
Note 15   2 Inst. 78.    [Back]
Note 16   In the petition of right, drawn up by the House of Commons in 1628, and probably revised by Lord Coke himself, the third section begins, "And whereas also by the statute, called the Great Charter of the Liberties of England, it is declared and enacted, &c."    [Back]
Note 17   Co. Lit. 81 a.    [Back]
Note 18   The Act Quia Emptores is a statute, though the King alone speaketh, viz. Dominus Rex in Parliamento suo, &c. ad instantiam, magnatum, regni sui Concessit, providit, et statuit.
But because it is dominus Rex in Parliamento, &c. Concessit, it is as much in this case (being an ancient statute), as dominos Rex authoritate Parliamenti Concessit. Co. Lit. 98 a. 98 b.    [Back]
Note 19   2 Bulst. 187.    [Back]
Note 20   2 Bulst. 187.    [Back]
Note 21   2 Bulst. 117.    [Back]
Note 22   Co. Lit. 98.    [Back]
Note 23   After the Royal assent is given, the Clerk of the Parliament transcribes every Public Act into a roll, which is delivered into Chancery, and is considered the original record: but Private Acts are not enrolled without the suit of the party; and therefore the original bill filed among the    [Back]
Note 24   Co. Lit. 98.    [Back]
Note 25   Plowd. 79 a. b. Dyer, 144. pl. 60. Moor. 824. Co. Lit. 159. b. Hob. 111.    [Back]
Note 26   This position, that there can be no presumption of the assent of the Lords or Commons, where the record Dames one and omits the other, has been vehemently opposed. Tid. the prefaces by Serjt. Hawkins and Mr. Ruffhead to their several editions of the statutes; and Vid. Hargrave's note. 2 Co. Lit. 159 b. where vid also an account of the discussion as to the distinction between ordinances and statutes.
Acts which passed in Parliament before time of memory (viz, the coronation of Rich. I. in 1189) are not pleadable as statutes, but are to be considered as incorporated with and part of the common law. Hales' Hist. C. L. 3.    [Back]
Note 27   Raym. 55.    [Back]
Note 28   Raym. 55. Day. 34 b. 35 a. 43 a. 27 H. 8. 27 a. Co. Lit. 13 a. 27 a. b. Br. Devise 1. Br. Estates 2. - 33. 9 H. 6. 25 a. 18 E. 3. 45 b. 2 And. 138. 156. 1 Co. 43 b. 46 a. 49 a. 7 Co. 40 b. Moor. 416. Hob. 224. Plow. 251 a. 335 a. Lit sect. 31. 1 Roll 860. 1 Bulst. 10. 222. 1 Mod. Rep. 196. B. N. C. 5. 1 Brownl. 45. 2 Brownl. 334.    [Back]
Note 29   Vid. note (a) Beresford's case, ante, p. 42 a.    [Back]
Note 30   2 Roll. 192.    [Back]
Note 31   2 Saund. 25. Hil. 6 H. 4. in Banco Regis, Rot. 68.    [Back]
Note 32   2 Saund. 25.    [Back]
Note 33   2 Saund. 25, 26.    [Back]
Note 341   Bulst. 133.    [Back]
Note 35   1 Bulst. 133.    [Back]
Note 36   Acc. Attorney-General v. Bishop of London, 4 Mod. 215.    [Back]
Note 37   3 Inst. 98. Godb. 178. 4 Co. 76. a. b.    [Back]
Note 38   1 Co. Lit. 260.    [Back]
Note 39   Vid. note (G) Holland's case, 4 Co. 77 a.    [Back]
Note 40   Cr. Car. 355.    [Back]
Note 41   4 Co. 77 a. Hob. 226. Doct pla. 338. Plow. 231. a. Vin. Ab. Stat. C. Bac. Ab. Stat. I. Com. Dig. Parl. R. 6. Hales. Hist. C. L. 15.    [Back]
Note 42   Hob. 226.    [Back]
Note 43   Hob. 226.    [Back]
Note 44   Co. Lit. 225. b.    [Back]
Note 45   By the Bill of Rights 1 W. and M. it was declared, that from the then session of Parliament, no dispensation with any statute should be valid, unless such statute allows it, and except in such cases as should be specially provided for the then session. Vid. Hargrave's notes, 3, 4. Co. Lit. 120 a.    [Back]
Note 46   F. N. B. 82 g.    [Back]
Note 47   Lord Hardwicke in Lomax v. Rolmden, I Ves. 294. remarks, "The case of The Duchy of Cornwall is direct; that the eldest son of the King of England, (and therefore Richard II. required a special grant) takes it as primogenitus; although Lord Coke, at the end of The Prince's case, 8 Co. says otherwise.
But that was not the point there, being only an observation of his own, and has ever since been held a mistake of that great man.
He was also mistaken in the fact in saying that Henry VIII. was not Duke of Cornwall, because not primogenitus; for Lord Bacon in his history of Henry VII. affirms the contrary, that the dukedom devolved to him upon the death of Arthur; and this is by a great lawyer, and who must have looked into it, as he was then Attorney or Solicitor-General.
So was Edward VI. in his father's life, without a new creation, although-the King's second son.
Lord Ellesmere in his printed observations, (p. 5.) upon Lord Coke says, with some warmth, that Lord Coke split on this rock, in restraining it to primogenitus, and not to the first pro tempore, voluntarily without any occasion, on the concurrence of any Judge. Selden, in his Titles of Honour, Vol. VI. 776, says, the eldest sons living are also Dukes of Cornwall; and that Prince Charles was Duke on the death of his brother appears from the records. Ryni. Fced tom. 16, 792, he is so described in the patent creating him Prince of 'Wales.
There is no Act of Parliament afterward, in the time of James I. creating him duke: nor can any doubt arise (as I at first thought) of his right thereto under the charter of 11 Edw. 3. from the Act of James I. enabling him to lease part of the duchy lands; several Acts being passed to enable the dukes for the time being so to do.
Nor is it a satisfactory answer, that that case was founded on an Act of Parliament made on political views, and so different from the rules of common law; for the difference of that case from others in the nature and form of the limitation of the kind of estate to be taken in the duchy, not in the persons to take.
But I own I should not be quite satisfied to found my opinion upon this, for political reasons might have some weight.
But this determination happens to be strictly agreeable to the rules of law, in cases of common persons: as appears from Fitz. N. B. 188, on the writ de auxins ad filium militegn faciendum; where he says Wat primogenitus then alive is sufficient, which is agreeable to Lord Ellesmere's observations; that Charles became primogenitus on the death of his brother without issue, which circumstance concurs here, for issue are considered as part of their father.
This is an original writ where the phrase and language of the law is most critical and precise, and has been always construed with great strictness; and as it supports the intention of the testator, it is some satisfaction to find it warranted by the most respected authority, as that 1s.
I have been furnished with the original case of the duchy printed in 1613, which is very scarce, where it appears to have been by the greatest men, with full assent of Council, and the reason of the resolution at large; and Fitzherbert's Nat. Brey is expressly mentioned and relied on there. 2 But the other point deducible from the observations here made by Lord Coke, viz, that the eldest son of the King's eldest son will not inherit the duchy on the death of his father, but that the King shall bold it by reversion, has been since held good law, I Hale PC 125, 126, and has been in fact recognized by the Legislature in passing the stat. 33 Geo. 2. c. 10. by which the King was enabled to grant leases of the duchy, notwithstanding he had a grandson then Prince of Wales, See Coll. Peer. 8th ed. 1768, p. 29.    [Back]
Note 48   That no costs are recoverable in a scite, facias to repeal a patent prosecuted in the name of the King, vid note (I. 1.) Digge's case, 1 Co. 172 b.    [Back]