A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons & euident demonstrations they are plainelye proued farre to excell aswell the ciuile lawes of the Empiere, as also all other lawes of the world, with a large discourse of the difference betwene the. ii. gouernements of kingdomes: whereof the one is onely regall, and the other consisteth of regall and polityque administration conioyned. written in latine aboue an hundred yeares past, by the learned and right honorable maister Fortescue knight ... And newly translated into Englishe by Robert Mulcaster.

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Title
A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons & euident demonstrations they are plainelye proued farre to excell aswell the ciuile lawes of the Empiere, as also all other lawes of the world, with a large discourse of the difference betwene the. ii. gouernements of kingdomes: whereof the one is onely regall, and the other consisteth of regall and polityque administration conioyned. written in latine aboue an hundred yeares past, by the learned and right honorable maister Fortescue knight ... And newly translated into Englishe by Robert Mulcaster.
Author
Fortescue, John, Sir, 1394?-1476?
Publication
[Imprinted at London :: In Fletestrete within Temple Barre, at the signe of the hand and starre, by Rychard Tottill,
1567]
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Subject terms
Law -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A01080.0001.001
Cite this Item
"A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons & euident demonstrations they are plainelye proued farre to excell aswell the ciuile lawes of the Empiere, as also all other lawes of the world, with a large discourse of the difference betwene the. ii. gouernements of kingdomes: whereof the one is onely regall, and the other consisteth of regall and polityque administration conioyned. written in latine aboue an hundred yeares past, by the learned and right honorable maister Fortescue knight ... And newly translated into Englishe by Robert Mulcaster." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A01080.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

¶Heare he deuyseth a meane howe to knowe the diuersitie betwene the Ciuile lawes and the lawes of England. Chap. 19. (Book 19)

ONe only doubt wher∣wt your mind is trou∣bled, remaineth now be∣hīde vndiscussed. And yt is this. Whether as yt ciuile lawz, so likwise ye lawz of

Page [unnumbered]

Englande bee fruytfull and effectuall, these for the royalme of England as the other for the Em∣piere, and whether they may worthely bee iudged fytte and meete. Compa∣risons, most noble prince (as I remember I harde you ones saye) are comp∣ted odious. Wherefore I am lothe to meddle wt them. But whether they bee bothe of lyke worthi¦nes, or that the one de∣seruethe an higher com∣mendation then the other heareof you may gather a pythier argument out of those pointes, wherein theire sentences do differ then by my declaracion. For wher both the lawez doo agree, the prayse of them ys equall.

Page 42

But in cases where they disagree, the worthyer lawe is moste prayse-woorthye. Wherefore wee will nowe propound some such cases, to the in∣tent you maye indiffe∣rentlye ponder and weye whether of these doothe moste iustlye and better define the same. And first wee will putte furthe ex∣aumples of cases of much weight.

Page 41

SOlum iam vnū de his quibus a∣gitatur animus tu us restat explanā∣dū, vz an vt Ciui∣les, ita et ang. leges

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frugi sint et effica¦ces, isti Angliae re∣gno, vt illae impe∣rio, etiam et acco∣mode iudicari me reantur. Compa∣rationes vero prī∣ceps, vt te aliquan do dixisse recolo odiosae reputan∣tur, quo eas ag∣gredi non delec∣tor, tu an equalis sint ambae leges meriti, vnaue al∣tera celsius preco∣nium mereatur, non ex meo iudi∣tio, sed ex his in quibus earum dif∣ferunt sententiae, efficatius carpere poteris argumen∣tum. Nam vbi cō∣ueniunt Leges ambae, aequalis laudis ipsae sunt,

Page 42

sed in casibus vbi ipsae dissentiunt, prestantioris legis preconia digna pensatione reful∣gent. Quare ca∣sus huiusmodi a∣liquos iam in me∣dium proferemus vt quae legum il∣larum eos iustius melius{que} diffiniat, equa lance valeas ponderare, et pri∣mo ex casib{us} maxi¦mi pōderis exēpla preponamus.

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