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.
About this Item
- 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.
- 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 May 16, 2024.
Pages
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MOreouer if by reasō of bargaynīge, or by sufferinge of iniuries, or
Page 51
by title of īheritāce right do accrewe to aman to pleade in iudgement, if there be no witnesseis or if such as were witnes∣seis be deade, the plaītif must needs lett his actiō fall, except he be hable to proue his ryght by ineui¦table coniectures, whiche is seldome seene. Wher∣fore concernynge lorde∣shippes and other posses∣sions rueled by the ciuile lawe and in all accions fallynge vnder the same lawe the actions of the plaintifes for wante of witnesses many tymes are choked, so that skant the halfe parte of them at¦teyneth to the desiered ende. What maner of
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lawe then is this whiche to them ye susteyne wrōg thus faileth in yeeldinge Iustice? I doubt whether it deserue too bee called a iuste lawe, because in the same lawe it is wryten, that Iustice rendreth too euerye mā that which is his owne. But this can∣not such a lawe doo.
PReterea, si ex contractibus, illatisue iniuriis,
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vel hereditatis ti∣tulo, i{us} accreuerit homini agēdi in iudicio: si testes non fuerint, vel si qui fuerint moriā¦tur, succumbet ip¦se agens in causa sua, nisi ius suū {pro}¦bare valeat ineui¦tabilib{us} coniectu¦ris, quod facere crebro non contī¦git. Quare de do∣miniis et aliis pos∣sessionibus iure ci¦uili regulatis, simi¦liter et in omnib{us} actionib{us} cadēti∣b{us} sub eodē iure, actiones agētiū {pro} defectu testium quā pluries suffo∣cātur, ita qd. earū vix {per}s media op∣tatū finē sortia∣tur’ qualis tūc est
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lex huiusmodi, q̄ iniuriatis taliter deficit in iusticia reddēda? dubito an iusta vocari mereatur, quia in eadem lege scribi¦tur, quod Iusticia vnicuique tribuit quod suum ē, qd nō faciat lex talis