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

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BVt forsomuch as you desier to knowe, most gracious Prīce, for what cause the degrees of ba∣chelars and doctours are not geeuen in the lawes of Englande, as they are accustomablye geeuen in bothe lawes within vni∣uersities, youre maiestie shall vnderstande that though these degrees are not geeuen in the lawes of England, yet there is geeuen in them not a de∣gree only, but also a state no lesse worshipfull and solempne then the degree

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of doctours: which is cal∣led the degree of a Ser∣iant at lawe. And it is ge¦uen vnder the manner & fourme foowyng. The lorde chiefe Iustice of the commen benche by ye coū¦sell and assent of all the Iustices vsethe as ofte as he thinketh good to chose vii. or .viii. of the discree∣test persones, that in the foresaide generall studye haue most profited in the lawes, and whiche to the same Iusticez are thought to bee of best disposition, and their names hee pre∣senteth to the lord Chan∣cellour of Englande in writtynge. Who incon∣tinent by vertue of the kinges write shal charge euery of the {per}sons elect to be beefore the kinge at a daye by hym assigned,

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too take vppon him the state and degree of a ser∣ieaunt at lawe, vnder a greate penaltie in euerye of the said writtes limit∣ted. On the whiche daye euery one of them appea∣ring shalbe sworne vpō the holye gospell of God to be ready at the daye & place then to bee appoin∣ted to receaue the state and degree aforesaide, and that he the same daye shall geeue golde accor∣dynge to the custome in that behalfe vsed.

Howe bee it howe and after what sorte euerye of the saide chosen per∣sones shall that daye de∣meane himselfe, and al∣so the fourme and maner howe that state & degree shalbee geuen & receued,

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forsomuche as the same can not so briefelye bee written as to the short∣nes of this woorke is re∣quisite, therefore at thys tyme, I will leaue these pointes vntouched. And yet I haue declared the same to you ere nowe by waye of talke. But thys you must vnderstande, that when the day appoī∣ted is come, those electe persons among other so∣lemnities must keepe a greate dinner, like to the feast of a kinges corona∣tion, which shal continue & last by ye space of seuen daies. And none of those elect {per}sones shall defraye ye charges growinge to him about ye costes of this solempnitie with lesse ex∣penses then the summe of foure hūdreth markes

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So that ye expēses whiche viii. menne so electe shall then beestowe will sur∣mount the summe of thre thousande and two hun∣dreth maks. Of ye which expenses one parcel shall bee this. Euery of them shal geue ringes of golde to ye value of xl. poundes sterling at the least. And your Chauncellour well remēbrethe that at what tyme hee receaued this state and degree, ye ringez which he then gaue stode him in fifty poundes.

For euery suche serieant at the tyme of hys crea∣cion vseth to geeue vntoo euery Prince, Duke, and archebishop being presēt at that solempnitie, and to the lord Chauncellour and Lorde Treaseroure of Englande a ringe of

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the valu of .xxvi. shillings viii.d. And to euery earle and bishop beeinge like∣wise present, and also to the Lorde priuie seale, to both ye lordes chief Iusti∣ces, & to the Lorde chiefe baron of the kinges exche¦quer a ringe of the value of xx.s. And to euery lord baron of the parliament & to euery abbott, & nota∣ble prelate, & worshipfull knight being then presēt, & also to ye maister of the roles, & to euery Iustice a ring of ye value of a mark And likewise to euery ba¦ron of ye exchequer, to the chaumberlaines, and to all the officers, and nota∣ble menne seruynge in the kinges courtes, rin∣ges of a smaller pryce, but agreable to theire es∣tates to whome they are

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geuen. Insomuch yt there shall not bee a clerke, spe¦ciallye in the court of the commen benche, but hee shal receaue a ring cōue∣nient for his degree. And besydes these they geeue dyuers rynges too other of theire fryndes. They geue also liueries of cloth of one sute or colour in greate abundaunce not onelye to theire houshold meanye, but also to their other fryndes and ac∣quaintaunce, whiche du∣rynge the tyme of the foresayde solempnytye shall attende and wayte vppon them.

Wherefore though in the Vniuersities they that are promoted too the de∣gree of Doctors do sustaī no small charges at the tyme of their cōmēcemēt,

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as in geuīge of bonnetes and other ryche gyftes, yet yey geue no gold: nor do bestowe any other giftes or costes lyke vnto these expenses. Neither ī any coūtrey of the world is there any special degre geuen in the lawes of the sāe lāde, but onely in ye ro¦yalme of Englande. Nei¦ther is there any man o lawe throughe out the vniuersall world, whiche by reasō of his office or {pro}¦fession gaynethe somuch as one of these seriaunts. No man also be he neuer so connynge & skylfull in the lawes of the royalme shalbe exalted to ye office and dignitie of a Iustice in the courte of pleas be∣fore the kīge or ī ye courte

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of the cōmē bench, which are the chiefe ordinarie courtes of the same roy∣alme, oneles he be first {pro}∣moted to the state and de¦gree of a seriaunt at law. Neither shall any man but onely such a seriaunt pleade in the courte of yt commen benche, wheare all reall actions are plea¦ded. Wherefore to this state and degree hath no man bene hetherto admit¦ted, except he haue first cō¦tinued by the space of xvi yeares in the said gene∣ral studie of ye lawe. And in token or signe that all Iustices ar thus graduat euerye of them alwayes whyle he sytteth ī ye kīges courtes, weareth a white quoyfe of silke: whiche is

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the principal and chief in signemet of habite where with seriauntes at lawe in their creation are dec∣ked. And neither the Ius∣tice, nor yet the seriaunt shal euer put of ye quoyfe no not in the kynges pre¦sence, thoughe he be in talke withe his maiesties highnes. wherefore, most noble prince, you can not hereafter doubt, but that these lawes, which so sin∣gularli aboue the Ciuile lawes, yea and aboue the lawes of all other roy∣almes are honoured, and with so solempne a state of such as are learned therein, and do professe ye sāe are worshipped must needes be precio{us}, noble and hieghe, and of greate excellencie, and of speciall knowlege and vertue.

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