actually first-born, but includes the first-born surviving son. This was decided upon the death of Arthur, the eldest brother of Henry VIII, and upon the death of Henry, the eldest brother of Charles I., and was acted upon in the case of the deaths of the infant children of Henry VIII., and the infant eldest brother of Charles II. Coke, indeed, reports differently in the Prince's case; but, his report on this point was declared by the Lord Chancellor Ellesmere, who presided at the trial of the case, to be erroneous, and it was disapproved of in the last century by Lord Hardwicke. Sir John Trelawny was, therefore, wrong in denying that a second son of the King would succeed to the Duchy of Cornwall upon the death, in the lifetime of the father, of the first son without issue, and we may perhaps correctly and succinctly describe the qualifications of the Duke of Cornwall, when we say he must be the son and heir-apparent of the reigning Sovereign; and if there be no such person, the Duchy is, pro tempore, merged in the crown. "It must not be concealed that the ameliorated condition of the Duchy of Cornwall may hereafter be a source of anxiety. The proposal to charge the jointure of the Princess Alexandra upon its revenues, to the principle of which the Chancellor of the Exchequer half assented. could not, it is plain, be entertained without an infringement not only of the private rights of the Queen, but of those of the possible future Dukes, the younger brethren of the Prince. On the other hand, an accumulation, under present circumstances, of the revenues of the Duchy during a minority coexistent with that of the Prince of Wales, would produce two millions of money, and render the heir to the Crown virtually independent of Parliament. The danger may be to us imaginary, but it remains possible, and its existence should be remembered." NOTES. The following list of references is not given as a list of original authorities, but solely as a reference to the authors whom I have quoted, and on whom I have relied. I have given them, partly to enable those who wish, to verify the quotations, and test the accuracy of the narrative, and partly as a guide to those who may desire to study the subject more fully. Some Account of Domestic Architecture in England, from the Conquest to the end of the 13th Century. By T. HUDSON TURNER. 8vo. Oxford, 1851. Vol. I. 10 The picture of the state of England is condensed principally from the above work. 10. The same work. Vol. II. p. 113. Enshrined Hearts of Warriors and Illustrious People. By EMILY SOPHIA HARTSHORNE. 8vo. 1861. RAPIN'S History of England. Folio. Third Edition. London, 1743, TYTLER'S History of Scotland. 8vo. Third Edition, 1845. Lives of the Queens of England. By AGNES STRICKLAND. 12 Vols. Post 8vo. 234 Vol. II. p. 175. CARTE'S History of England. Folio, 1750. 24 Vol. II. p. 236. 25 Condensed from The Geography of British History. By W. HUGHES, F.R.G.S. Fcp. 8vo. London, 1863, pp. 153-155. The History and Antiquities of London, &c. By T. ALLEN and T. WRIGHT, 5 Vols. 8vo. London, 1829. 26 Vol. IV. pp. 6, 7, 8. The Annals of England. 3 vols. Oxford, 1858. COURTHOPE'S edition of NICOLAS's Peerage. 8vo. 1857. |