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 2, 2024.

Pages

In the vniuersities of Englande, quod the Chauncellour, sciēces are not taughte butte in the latine tonge. And the la∣wes of that land are to be learned in three seuerall tonges, to wytte, in the English tongue, ye french tōgue, & ye latine tongue.

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In the Englishe tongue, because that law is moste vsed, and longest continu∣ed amongest the English men. In the Frenche ton∣gue, beecause that after the French menne vnder William the conquerer of Englande hadde obtey¦ned the lande, they suffred not theire men of lawe to pleade their causes, but in the tongue whihe theye knewe, and so doe all the men of lawe in Fraunce yea in the course of parlia¦ment there. Lykewise the Frenchemen after theire cōmyng into Englād re∣ceaued not the accōptes of their reuenues, but ī their own language, least theye should be deceaued therin Neither had they delyte to hunte, & to excercise other sportes & pastimes, as dice¦playe,

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and the hand balle, but in their owne proper tonge. Wherfore ye Eng¦lishe mē by much vsing of their cōpanie, grewe in su¦che a {per}fectnes of the same language, ye at this day in suche playes & accomptes they vse the Frenche ton∣gue. And theye weare wonte to pleade in Fren∣che, tyll by force of a cer∣teine statute that manner was muche restreyned. But it could neuer hether to be whollye abolished, aswel by reason of certein termes, whiche pleaders do more properly expresse in Frenche, then in Eng¦lishe, as allso for that declarations ppon origi∣nall wryttes can not bee pronounced so agreably to the nature of those writtes as in Frenche.

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And vnder the same spee∣che the fourmes of suche declaracions are learned. Moreouer all pleas, argu∣eynges, and iudgementes passed in the kings courts and entred into bookes for the instruction of them that shall come after, are euer more reported in the Frenche tongue. Manye statutes also of that roy∣alme are writen in Fren¦che. Whereof it happe∣neth that the commē spee∣che nowe vsed in Fraūce agreethe not, nor is not lyke the Frenche vsed a∣monge the lawyers of Englande, butte is by a certeine rudenes of the cō¦mon people corrupte.

Which corruptiō of spech chaunceth not in ye Frēch

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that is vsed in England, for so much as that spech is there oftener written then spoken. Now in the thirde of the saide iii. ton∣gues, whiche is the latine tongue are written all writtes originall and iu∣diciall: and likewise all the recordes of plees in the kinges courtes, withe certeine statutes also.

Wherefore while ye la∣wes of England are ler∣ned in these three tonges, they cannot conueniently be taught or studyed in ye vniuersities, where onlye ye latine tongue is exerci∣sed. Notwtstandinge the same lawes are taught & learned in a certein place of publique or comen stu∣dy more cōuenient & apte for attaining to ye know∣ledge of them, then anye other vniuersitie.

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For this place of study is situate nighe to ye kingez courtes where the same lawes are pleaded and ar¦gued, & iudgementes by the same geeuen by iud∣ges menne of grauytie, auncient in yeares, per∣fecte and graduate in the same lawes. Wherefore euery daye in courte the studentes in those lawes resorte by greate num∣bers vnto those courtes, wherein the same lawes are redde & taught as it were in cōmon scholes.

This place of study is set betwene ye place of ye said courtz & ye Citie of Lōdō, which of al thīgs necessa∣rie is ye plētifullest of all ye cities & towns of ye realm So yt ye said place of study is not situate wtin ye citie,

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where the confluence of people might disturbe the quietnes of the studentes but somewhat seueral in the suburbes of the same Citie, and nigher to the saide courtes, that the stu¦dentes maye daylye at theire pleasure haue ac∣cesse and recourse thether without wearines.

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