De laudibus legum Angliæ writen by Sir Iohn Fortescue L. Ch. Iustice, and after L. Chancellor to K. Henry VI. Hereto are ioind the two Summes of Sir Ralph de Hengham L. Ch. Iustice to K. Edward I. commonly calld Hengham magna, and Hengham parua. Neuer before publisht. Notes both on Fortescue and Hengham are added

About this Item

Title
De laudibus legum Angliæ writen by Sir Iohn Fortescue L. Ch. Iustice, and after L. Chancellor to K. Henry VI. Hereto are ioind the two Summes of Sir Ralph de Hengham L. Ch. Iustice to K. Edward I. commonly calld Hengham magna, and Hengham parua. Neuer before publisht. Notes both on Fortescue and Hengham are added
Author
Fortescue, John, Sir, 1394?-1476?
Publication
London :: [Printed by Adam Islip?] for the Companie of Stationers,
M.DC.XVI [1616]
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Law -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A01083.0001.001
Cite this Item
"De laudibus legum Angliæ writen by Sir Iohn Fortescue L. Ch. Iustice, and after L. Chancellor to K. Henry VI. Hereto are ioind the two Summes of Sir Ralph de Hengham L. Ch. Iustice to K. Edward I. commonly calld Hengham magna, and Hengham parua. Neuer before publisht. Notes both on Fortescue and Hengham are added." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A01083.0001.001. University of Michigan Library Digital Collections. Accessed June 14, 2024.

Pages

NOt only to the intent you should feare God and so become wise, doe the Lawes with the Pro∣phet call you saying, Come Children, heare mee, I will teach you the feare of the Lord: but also that you may aspire vnto felicitie and blessed∣nesse (as farre forth as in this life they may bee at∣tained) do the Laws will you, most gratious Prince, to bee studious of them. For all the Philosophers,

Page 11

which haue so diuersly reasoned of felicity, haue al agreed togeher in this one point, that felicitie or blessednesse is the end of all mans desire, and therfore they call it chiefe goodnesse. How bee it the Peripatetikes placed it in Uertue, the Sto∣ikes in Honesty, and the Epicures in Pleasure. But seeing the Stoikes defined Honestie to bee that, which is well and laudably done with ver∣tue, and the Epicures held nothing to bee plea∣sant without vertue, ther∣fore al those sects, as saith Leonard Aretine in his Introduction to Morall Philosophie, agreed in this, that it is only ver∣tue that causeth felicity. Wherefore Aristotle also in the 7. booke of his poli∣tiques

Page [unnumbered]

defining Felicitie sayth, that it is the per∣fect vse of Uertues. Thus much being now presupposed, I would haue you to consider these thinges also that follow. Mans lawes are nothing else but certaine rules, whereby Iustice is perfectly taught. But that Iustice, which the Lawes doe shewe, is not the same that is called Commutatiue or distri∣butiue, or any other par∣ticular vertue, but it is a perfect vertue expres∣sed by the name of Iu∣stice legall. Which the foresaid Leonard doth therfore affirme to be per∣fect, because it excludeth all vice▪ & teacheth all ver∣tue: For which cause also it is worthily called by the name of all vertue.

Page 12

Whereof Homer sayth, and likewise Aristotle in the fifth Booke of Mo∣rall Philosophie, that it is the chiefest of all ver∣tues, and that neither Lu∣cifer nor Hesperus are so bright and beaming as it is. Moreouer this iu∣stice is the thing where∣uppon all Princely care dependeth and resteth, without the which the King can neither rightly iudge, nor yet duly fight. But this being once ob∣tained & perfectly kept, then al the whole duty re∣quired in a king is iustly performed. Now then seeing that the perfect vse of vertues is felicity, and that Iustice vsed a∣mongst men, which can∣not be obtained vnto nor learned but by the Law,

Page [unnumbered]

is not onely the effect of vertues, but is all ver∣tue it selfe: hereof it fol∣loweth, that the practiser of Iustice is by the Lawe happie, and so thereby he is made blessed, forso∣much as blessednesse or happinesse and felicitie are both one in this short and transitorie life, of the which▪ life through Iustice hee enioyeth the chiefe & principall good∣nesse. And yet the lawe is not able to performe these thinges without the assistaunce of grace, without the which also you cannot learne nor co∣uet either Lawe or vex∣tue. For, as sayth Pa∣riss. in his booke intituled Cur deus homo, the inward vertue of mā, wherin his desiring is placed, is so

Page 13

through originall sinne defaced & corrupt, that it esteemeth vitious works for pleasaunt, & vertuous workes for vnpleasant. Wherefore, in that some men applie and endeuour themselues to the loue & following of vertues, it procéedeth of the boūtiful goodnes of God, & not of ye power of man. Is there not thē speciall cause why ye lawes, which being pre∣uented, & accompanied wt grace, do performe all the promises, should with all diligent trauel be lerned? Seeing that who so hath perfectly attained there∣vnto, the same shall enioy felicitie, the end & perfor∣maunce, as the Philoso∣phers say, of mans desire, by means wherof he shall in this life be blessed, in ye

Page [unnumbered]

he now possesseth ye chiefe goodnes therof. Doubties if these things moue you not, which shall haue the rule and gouernment of a kingdom, yet the words of the Prophet shal moue you, yea and force you to the studie of the Lawe, which wordes bee these: Bee yee learned you that are Iudges of the Earth: Heere the Prophet exhor∣teth not to the learning of a base art or a handicraft, for hee saith not: Be yee learned you that are thin∣habiters of the earth, nei∣ther doth hee counsell to the lerning of knowledge speculatiue, though it bee not vnnecessary for ye in∣habiters vpon the earth, For hee sayeth not gene∣rally: Be ye learned you that dwel vpon the earth,

Page 14

but by these words doth the Prophet call Kinges onely to the learning of ye law, wherby iudgements are executed, forsomuch as he specially saith, be ye learned you that are Iud∣ges of the earth. And it followeth: least the Lord ware angrie, & so you pe∣rish from the way of righ¦teousnes. Neither doth holy scripture (O kings sonne) cōmand you onely to be skilfully instruct in the Lawes, whereby you shall purchase and obtain the possessiō of iustice, but also in an other place it biddeth you vnfainedly to loue iustice, wher it saith: O set your loue & affecti∣on vpon Iustice, you that are Iudges of the Earth, in the first chapter of the booke of Wisedome.

Do you have questions about this content? Need to report a problem? Please contact us.