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.
Wherefore the Cornish Iustices of the peace, became humble suiters to the Lords of her Highnes priuy Councell, for a necessary and speedy redresse herein: and through the neuer fayling forwardnesse, and backing of Sir Walter Ralegh, obtayned a reuocation. Howbeit, this ill weed, rather cut off by the ground, then plucked vp by the roote, once, yea twice or thrice grew forth againe, but yet, maugre the warmers and waterers, hath by her Maiesties gracious breath beene euer parched vp, and (as is hoped) will neuer shoote out heereafter, at least it shall still finde an vnited resistance, of most earnest suit, and pregnant reasons, to beat it downe.
The Earles had foure houses, builded Castle-wise for their residence, viz. Trematon, Launceston, Restormel, and Liskerd. But since the principality of Wales and this Duchy became united in one person, the larger scope, and greater commaund of that, hath robbed this of his Lords presence, & by consequence, the strength of these Castles could not so gard them, against the battery of time, and neglect, but that, from faire buildings, they fell into foule reparations, and from foule reparations, are now sunke into vtter ruine.
King H. the 8. affecting his honour of Newelm, & respecting the commodities, which Wallingford Castle might afford it, tooke this last by act of Parl. from the Duchy, & in lieu thereof, annexed certain manners lying in Corn.falne [81] to the Crowne, through the Marques of Excesters attainder: which Queene Marie afterwards restored in tayle to his sonne, the Earle of Deuon, and vpon his issueles decease receiued them againe.
It were against duetie to make question, whether in this exchange, the kings meaning went with his pretence; and yet wee finde it an ordinary policy amongst Princes, to send their successours, with a kinde of libera, or honoraria legatio, into the remoter quarters of their dominions, as if they would shunne occasions of ielousie, springing from an ouer-neere neighbourhood.
Howsoeuer, the same King, not long after, passed away, this Castle, vnto Christs Colledge in Oxford, who vse it as a place of retrayt, when the Vniuersitie is visited with any contagious sicknes.