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.
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 October 31, 2024.

Pages

Page [unnumbered]

¶The table.

  • AN Introduction to the matter. Fo. 3.
  • The Chanceller moueth the Prince to the knowlege of the lawe. Fo. 4.
  • The Princes replie to ye motion. 7
  • The Chaūcellour fortifieth his assertion. 8
  • The Chauncellour proueth that a Prince by the lawe may bee made happye and blessed. 10
  • Ignorance of the lawe causeth contempte therof. 14
  • The Chauncellour briefly repeteth the ef∣fect of his perswasion. 17
  • The Prince yeldoth hym self to the studye of the lawes, though he bee yet disquieted wt certein doubtes. 19
  • So muche knowledge as is necessarie for a prince is soone had. 20
  • A kinge whose gouernement is politique cannot chaunge hys lawes. 25
  • The Prince demaundeth a question. 27
  • The aunswere is omitted, for that in an o∣ther woorke it is handled at large. 28
  • How kingdomes ruled by roya•••• ouerne∣ment onely, first beganne. 28
  • ...

Page [unnumbered]

  • Howe kingedōes of politique gouernance were first begonne. 30
  • The Prince compend••••••sly abridgeth all that the Chauncellour before hath discoursed at large. 33
  • All lawes are the lawe of Nature, custōs, or statutes. 36
  • The lawe of Nature in all Countryes is one. 37
  • The customes of Englande are of moste auncient antiquitie practised and receaued of v. seuerall Nations from one to another by successe. 38
  • With what grauitie statutes are made in Englande. 39
  • A meane to know the diuersitie betweene the Ciuile lawes and the lawes of Eng∣lande. 41
  • The first case wherein the Ciuile lawes & the lawes of England differ. 42
  • Inconueniēces that commeth of that law, which, no otherwise thē by witnesses admit¦teth trials. 43
  • Of the crueltie of Rackinges. 46
  • The Ciuile lawe ofte failethe in doinge of iustice. 50
  • ...

Page [unnumbered]

  • Howe counties are deuided and Sherifes chosen. 51
  • How Iurers 〈…〉〈…〉 chosen & sworne. 54
  • How Iurers 〈…〉〈…〉 to be enformed by euy∣dences and witnesses. 57
  • Howe causes criminall are determined in England. 61
  • The Prince granteth the lawes of Eng∣land to be more commodious for the subiects then ye Ciuile lawes in the case disputed. 63
  • Why Inquestes are not made by Iuries of .xii. men. in other realmes aswel as in En∣glande. 65
  • The Prince cōmendeth the lawes of En∣gland of theire proceeding by Iuries. 69
  • The Prince doubteth whether this proce∣ding by Iuries be repugnant to Gods lawe or not. 70
  • That the proceeding by a Iurie 〈◊〉〈◊〉 not re∣pugnant to the law of God. 72
  • Why certeine kinges of Englande haue had no delyghte in their own lawes. 76
  • The Chaunceller openeth the cause which the Prince demaundeth. 77
  • The commodities that proceede of ye ioynt gouernement politique & regall in the realm of England. 83
  • ...

Page [unnumbered]

  • A comparison of ye worthines of both the re∣giments. 86
  • The prince breaketh th ••••••uncellour of his tale. 89
  • The second case wherein the Ciuile lawes and the lawes of England disagree in theirs iudgements. 89
  • Speciall causes whye base borne children are not legittimate in England by matrimo∣nye ensuynge. 93
  • The prince alloweth the lawe whych doth not legittimate children borne before matry∣monye. 98
  • The thirde case wherein the lawes afore∣sayde disagree. 98
  • The prince approuethe the lawe whereby ye issue foloweth the wombe. 102
  • The fowerthe case wherein ye said lawes varye. 104
  • The prince commendethe the education of noble mens children beinge orphanes. 106
  • Other cases wherin the foresayde lawes differ. 108
  • The prince regardethe not a case rehear∣sed. 109
  • The Chaunceller sheweth why the lawes

Page [unnumbered]

  • of Englande are not taughte in the vniuer∣sities. 110
  • The disposition 〈◊〉〈◊〉 general study of the lawes of Englande 〈◊〉〈◊〉 that the same in nū∣ber passeth certein vniuersities. 113
  • Of the state and degree of a serieāt at lawe and howe he is created. 116
  • After what maner a Iustice is created, and of his habite and conuersacion. 121
  • The prince fyndethe faute wythe delayes that are made in the kyngs courte. 125
  • That delaies whiche happen in the kyngs courts are necessarie and reasonable. 126
  • That the lawes of Englande are ryghte good, the knoweledge thereof expediente for kyngs, and that it shal suffice them to haue but a superficial knowledge of the same. 129
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