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.
- 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]
- Rights/Permissions
-
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- Subject terms
- Law -- England -- Early works to 1800.
- Link to this Item
-
https://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 October 31, 2024.
Contents
- title page
- Pio lectori.
- To the right woorshipfull Ihon VValshe, Esquier, one of the Queene her learned Iusticers of her highnes Court of Commen plees. Robert Mulcaster wisheth long lyfe and health.
- The introduction into the matter.
- ¶First he moueth the Prince to the knowledge of the lawe. Chap. 1,
- ¶The Princes replie to the Chaun∣cellours motion, Chap. 2.
- ¶Here the Chauncelour Fortifieth his assertion Cap. 3.
- ¶Here the Chauncelour proueth that a prince by the lawes may be made happy and blessed. Cap. 4.
- ¶Ignorance of the lawe causith the contempt there of. Cap. 5.
- ¶Here the Chauncellour briefly repeteth the effect of all his perswa∣cion. Cap. 6.
- ¶Now the Prince yeldeth himselfe to the stu∣dye of the lawes, though he be yet disquieted with certeine doubtes. Ca. 7.
- ¶So muche knowledge of the lawe as is necessary for a Prince, is soone had. Cha. 8.
- A Kynge whose gouernement is politique eā not chaunge the lawes of hís royalme.
- Here the prince demaūdeth a question. Cap. 10.
- The aunswere to this question is here omitted for that in another worke it is handeled at large. Cap. 11.
- Howe Kingedomes rueled by royall gouernement onely, first beganne. Cap. 12.
- Howe Kyngedomes of politique gouernaūce were first begonne. Cap. 13.
- ¶Here the prince compēdiously abbridgeth al that the Chaūcelour afore hath discoursed at large. ca. 14
- ¶That all lawes are the lawe of nature, customes or statutes. Cap. 15.
- ¶The lawe of nature in all countreis is al one. Cap. 16
- ¶The customes of Englande are of most auncient ā∣tiquitie, practised and receaued of v. se∣uerall nations from one to an o∣ther by succession. Cap. 17
- ¶Here he sheweth with what grauitie statuts are made in Englande. Cap. 18.
- ¶Heare he deuyseth a meane howe to knowe the diuersitie betwene the Ciuile lawes and the lawes of England. Chap. 19.
- ¶The first case wherin the Ciuile lawes, and the lawes of England do differ. Ca. 20
-
¶Here are set
urth the inconueniences proceding of the law, which no otherwise then by wit∣nesses admitteth trials. Cap. 21. - ¶Of the crueltie of rackinges. Cap. 22
- Here he sheweth that the Ciuile lawe oft fayleth ín doinge of Iustice. Cap. 23.
-
Here hee declareth how counties are deuided, and shieri
ffs chosen. - Howe Iurers must be chosen and sworne
- ¶Howe Iurers oughte to be enfourmed by euiden∣ces and witnesses. Cap. 26.
- ¶Here he shewethe howe causes criminal are deter∣mined in Englande. Cap. 27.
- ¶The prince graunteth the lawes of Englande to be more commodious for the subiectes, then the Ciuile lawes in the case nowe disputed. Cap. 28.
- ¶VVhy inquestes are not made by iuries of .xii. men in other roialmes aswel as in Englande. Cap. 29
- ¶Heere the prince commendeth the lawes of Englande of theire proceeding by Iuries. Cap. 30
- ¶The Prince doubteth whether this pro∣ceeding by a Iurye be repugnaunt to godds lawe or not. Chap. 31.
- Here is shewed that the procedinge by a Iurie is not repugnaunt to the lawe of god. Cap. 32.
-
VVherefore certein Kynges of England haue had
o delite in their owne lawes. Cap. 33. - Here the Chauncellour openeth the cause whiche the prince demaundeth. Ca. 34.
-
The inconueniences that happen in the royalme
f Fraūce throughe regall gouerne¦ment alone. Cap. 35. - ¶The commodities that proceede of the iointe go∣uernement politique and regall in the roy∣alme of Englande. Cap. 36,
- A comparison of the worthines of bothe the regiments Cap. 37.
- ¶The Prince breaketh the Chauncellour of his tale. Cha. 38
- ¶The seconde case, wherin the Ciuile lawes, and the lawes of England disagree in theire iudgementes. Chap. 39.
- ¶Speciall causes why base borne children are not legittimate in England by matrimony ensuing. Chap. 40.
- The prince alloweth the lawe whiche doth not le¦gittimat chyldren borne bifore matrimonie. Cap. 41.
- The third case wherein the lawes aforesaide disagree. Cap. 42.
- The prince approueth the lawe whereby the yssue folowethe not the vvombe. Cap. 43.
- ¶The fowerth case wherein the saide lawes vary Cap. 44.
- ¶Here the prince commēdeth the education of no∣ble mens children beinge orphanes. Cap. 45.
-
¶Yet he rehearseth other case
wherein the forsaid lawes differ. Cap. 46 - ¶The prince regardethe not the cases nowe rehearsed. Cap. 47.
- ¶Here the Chauncelour sheweth why the lawes of Englande are not taughte in the vniuersities. Cap. 48.
- ¶Here he declareth the disposition of the general study of the lawes of Englande, and that the same in nomber of studentes passeth certein vniuer∣sities. Cha. 49.
- ¶Of the estate and degree af a Seriant at lawe, & howe he is ereated, Cap. 50.
- After what maner a Iustice is created, and of his habite and conuersation. Cap. 51
- The prince findeth fault with delayes that are made in the kinges courtes. Cap. 52.
- Delaies that happen in the kynges courtes are nea¦cessarie and reasonable. Ca. 53.
- ¶The lawes of England are right good, the know∣ledge whereof is expedient for kynges. Yet it shall suffice thē to haue but a su∣perficiall knowledge of the same Cap. 54.
- ¶The table.
- colophon