Page:Prerogatives of the Crown.djvu/424

404 Of the King's Familjj and Councils. [Ch.XVIL apparent, do not necessarily vest in him as such, but arise from special creation and investiture under the great seal {a). The title of Duke of Cornwall, and the inheritance of the duchy of Cornwall, were first created and vested in Edward the Black Prince, by a grant in the eleventh year of the reign of Edw. 3. This grant has been held to be an Act of the legislature, or a charter confirmed by Parliament, and is con- sequently good, though it alter the established course of de- scent which the King's charter cannot do (Z>). Consequently the King's eldest son, being heir apparent, is always by inhe- ritance Duke of Cornwall, without a new creation [c). On the death of the eldest son, the eldest surviving takes the inherit- ance : a peculiar descent founded on the legislative grant {d). But it seems that as the Duke of Cornwall must be not only the eldest son, but the heir apparent, the second surviving sou would not succeed to the dukedom, if his eldest brother left issue, who would be heir apparent, but that it would in such case revert to the Crown [e). There are authorities, that the disabilities of minority do not hold against a Duke of Corn- wall, with respect to the duchy rights and possessions (f). The general rule is, that till a Prince be born, the King is seized of all the possessions [g) ; but when born, the Prince is imme- diately seized in fee; and leases, &c. by the King may be deter- mined by the Prince (^), and he may have a scire facias for that purpose {i). The Prince has no other specific privileges over the rest of the royal children, but he is regarded in law as partaking in some measure of the royal dignity. " Coruscat radiis regis pair is et censetur una persona cum ipso rege (^O*" And the in- (rt) 4 Inst. 213. 1 Bui. 133. 1 Bla. Bar. 148. 1 Bla. Com. 224. n. 10, by Com. 224. Christian. {b) The Prince's case, 8 Co. Rep. 1. (e) Ibid. Christian's note 10. By the charter the Black Prince was (/) Ibid. Christian's note. Ante,37G, created Duke of Cornwall, ' habend' - and note (A). Bro. Ab. Prerog. pi. 132. eidem diici et ipsius et Iiceredum suorum (g) Com. Di^. Roy, G. regum Angl'ice film primogcnitis et dicii {h) Ibid. Ca. Ch. 215. a/,7<?r, if the loci ducibxis in regno Anglice kcereditarie King present to an advowson, his clerk. successnris.' Ibid'. shall continue. Ibid. (c) Ibid. His wife shall be endowed. (0 5 Com. Dig. 280, 1. Ibid. 7. {k) The Prince's Case, 8 Co. 28. R. (d) 1 Vez. 294. Collins, Proceed, on and see Hob. R. 226. troduction