In this variance, it is great reason, that the ballance panche on his side, who hath both authority to establish his assertion, and a rarely approued knowledge, to warrant his authoritie. Hee dying issue-lesse, Richard the first gaue this Earledome to his brother Iohn.
[1257.] Iohns sonne, Henry the third, honoured therewith his brother Richard King of the Romanes, a Prince no lesse plentifully flowing in wealth, then his brother was often driuen to extreame shifts, through needinesse: which made that barbarous age to poetrize,
Nummus ait pro me, nublt Cornubia Romae. Money sayd, that for her sake, Rome did Cornwall, to wife take.
He had issue, Henry Earle of Cornwall, who deceased issuelesse: and Edmond, whose daughter and heire Isabell (sayth mine authour) was married to Morice Fitsharding Lord Barckleigh: but others affirme, that this Edmond dyed without issue.
Edward the, second, degenerating in his choyce, created his mynion, Peter Gaueston, a Gascoyne, Earle of this County, whose posterity ended in himselfe, and himself by a violent death.
The last title of this Earldome, expired in Iohn of Eltham, yonger sonne to that King Edward. After which, King Edward the third, by act of Parliament in the 11. yeere of his raigne, erected the same to a Duchy, the first in England, and graced it with his sonne, the blacke Prince: for his heroicall vertues did rather bestow, then receiue estimation from whatsoeuer dignitie. Since which it is successiuely incorporated in the Kings eldest sonne, and hath bene so enioyed, by Richard the second, Henry the fift, Henry the sixt, Edward his sonne, Edward the fift, Edward sonne to Richard the third, Arthure, and Henry, sonnes to Henry the seuenth, and lastly, Edward the sixt: 10. Dukes in the whole.
These Earles and Dukes haue from the beginning, beene priuiledged with royall iurisdiction or Crowne rights, namely, giuing of liberty to send Burgesses to the Parliaments, returne of writs, custome, toll, Mynes, Treasure-trovee, wards, &c. and (to this end) appoynted their speciall officers, as Sheriffe, Admirall, Receyuer, Hauener, Customer, Butler, Searcher, Comptroller, [80] Gaugeor, Excheator, Feodary, Auditor, Clarke of the Market, &c. besides the L. Warden, and those others beforeremembred, whose functions appertayne to the iurisdiction of the Stannary.
To the preseruation of which royalties, our Parliaments haue euer carried a reuerend regard. For by that Act, 17. Edw. 4. which enioyneth forrayne Marchants to bestow such money as they receiue for their wares, in English commodities, or to pay the same vnto Englishmen, the Kings part of all forfeytures within Cornwall, is reserued to the Duke. So doth that, 11. H. 7, concerning the reformation of waights & measures, prouide, that it shall not be hurtful or preiudiciall to the Prince, within the Duchy of Cornwall, nor to any waights of the cunnage: and so doth that 1. H. 8. touching Excheators, exempt that officer in Cornwall. It should seeme, that the first Earles bare a heauy hand in commaund ouer their subiects: for both diuers ancient records (as I haue learned) make mention of tributes, imposed (almost) vpon euery thing of profit; and it may farther be gathered, in that, as well townes, as particular persons, were faine to procure Charters and graunts from them, for corporations, faires, markets, taking or freeing from tolls, mines, fishing, fowling, hawking, hunting, and what not? so as (vpon the matter) the plight of a Cornish Inhabitant and a French pezant did differ very little.
Which bondage, one not long agoe sought in part to reestablish, vnder pretence of receiuing a rent decayed euer since 9. H. 2. and aduancing her Maiesties profit: & to this end procured Letters patents, that none should salt, dry, or pack any fish in Deuon or Cornwall, without his licence and warrant. A matter that would, by consequence, haue made him an absolute disposer of all the Westerne shipping and traffike, and their sea and land dependants.
Few words, but folding vp a multitude of inconueniences to her Maiestie, & the whole Commonwealth.