Fortescutus illustratus, or, A commentary on that nervous treatise, De laudibus legum Angliæ, written by Sir John Fortescue, Knight ... by Edward Waterhous, Esquire.

AN INTRODUCTION TO THE COMMENTARY UPON FORTESCUE.

BEfore I treat on the Text, I think it convenient to write somewhat concerning the Parties introduced, and the manner of introducing them.* 1.1 The manner of their Exhibition is by way of Dialogue, a form very ancient and significant, whereby Authours, as Trismegistus, Pla∣to, Plutarch, Tully, Athenaeus, Aristophanes, Lucian, and hundreds of others, brought in such persons, and fictions, as conduced to the va∣rious expression of their design, and the useful instruction of after-Ages: and therefore 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is the inward reasoning of the minde, whereby a man proposes things Pro and Con, as if really acted, is by Ruffinian ranked inter schemata 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and he that skills this Art aright, called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 so that Dialogues are proper Modes of Speech and writing, whereby one and the same person both frames Questions and Answers, under names and notions of Persons distinct and several. Thus does our Chancellour act both his own and the Prince's part, laying down those Rules, which Ex∣perience had taught him, the best Conduct and Regulation of life, and in producing the Prince as assenting to or dissenting from them, and so occasioning either his first adhesion to what he positively as∣serted, or his further addition of such Proofs as should resolve the

doubt, and make the Dose prescribed Palatable. So that in this Text, by the help of Dialogue, there is not onely a calm and plea∣sant delight for Youth and Novice-wits, but grave and pithy Di∣rection for the most accomplished mindes, who from it cannot but be enriched;* 1.2 since, in Lampridius his words of Severus his Larari∣um, it contains Christum & Abrahamum, Orpheum & Apollonium, mat∣ter of all Variety and useful Institution both in Morals, Prudentials, and what's the most excellent in the knowledge of Things Heavenly. This for the Dialogue.

Now of the Persons in this Dialogue, which are Two, and those under a pair of Illustrous Names, the Prince and the Chancellour, or as here they ought rather to be marshalled, the Chancellour and the Prince. The one apt and willing to teach, the other prone and ready to learn; which harmony cannot but produce a profitable and desired effect: for that heart is sure to be wise whose ear accepteth Counsels, and who turneth not his eye from the Precepts of Wisdome. Now though by the Lawes of Civility and Nations, precedency be due to the Person most dignified, and Princes of the Bloud have the Preheminence of Temporary Officers, where their Offices have not immediate representation of Sovereigns, their Masters; yet I shall crave leave to treat first of the Chancellour, and then of the Prince: because in this Dialogue, and as to this occasion, the Chancellour is the first both Ordine temporis, as the Commencer of the Discourse, and Dignitate sermonis, as intending to distil into the Youth of the re∣presented Prince what his grave Experience observed necessary to make his Life exemplary, and his Government, when ever it should begin, successful.

The Chancellour I finde described three wayes, 1. By his Name, For∣tescue. 2. By his Office, Chancellour. 3. By his personal Dignity, Miles Grandaevus: which represents him a man doubly honoured, from his Title Miles, from his Experience Grandaevus; For multitude of years teach Wisdom.* 1.3 For his name Fortescue 'tis ancient and Knightly, possibly derived à forti scuto, which some Founder of the Family was espe∣cially noted to have; either his Integrity which covered him from top to toe from the malice of his foes, who like cruel Archers shot at him, though his Shield, like Joseph's Bow, abode sure through the mighty God of his Salvation, Gen. 49.24. or else from some more then ordinary Valour, which the many blows received on his Shield did amply express.

I shall not here engage in the Story of Names, nor take upon me to dive into the Well of Science to fetch thence that, which we would call the truth of their Original. If we understand a Name, as Logicians doe,* 1.4 for Vox Significativa secundum placitum; then there is no certainty of Names but uncertainty, what pleases the Imposer, and others to give after his Example: yet for the Antiquity of Names, we are to know that they are coaeval with time and things, for when God created things he named them according to the specifique nature of them, or according to some use or other pur∣pose which they most tended to. After whose Example the Hebrews,

and (a) 1.5 Adam especially gave Names to all Creatures, which Names did evidence not onely their Nature, but their subjection to man, as (b) 1.6 Bochartus, Grotius, Rivet, Tostatus, and all the Learned on Genes. 2. agree. After the Jews, the Greeks followed, and the Romans were so multiplicative of Names, that they run them out into an infinity al∣most; for beside their twenty eight Appellative in (c) 1.7 Isidore, I finde (d) 1.8 Sigonius (out of the ancient Grammarians, Sosipater, Donatus, and Diomedes) numbring four sorts of Names, one derived from Dig∣nity, as Praenomen, being therefore prefixed because Gentile, as Pub∣lius; the second of propriety declaring their Nation and Boud, Nomen, as Cornelius; the third Cognomen, being an additional ad∣joyned to their Genile Name for the greater State and Equipage of it, as Scipio; the last Agnomen, from some casual regard or remark∣able action, as Africanus: on all these he enlarges, and therefore to him I referr the Reader.* 1.9 The Poets also took the liberty to term the Muses, Camaenae, Heliconiades, Parnassides, and such other names to the number of thirty,* 1.10 and as many names had Hercules also from the several fictions they had of him. So generally are Names given ad placitum, that it is hard to limit Names to Natures or Actions, when even fictive occasions have been Parental of them, and that ubique locorum, no Nation not taking the liberty so to doe. And at home to be ignorant of this would be our shame, when every dayes experience lessons it, and no man that is Clerk∣ly, but knows, that Names are occasional, and varied as occasi∣on serves, as Master Cambden, our learned Antiquary, every where in his Britannia acquaints us. Amongst us therefore in England, we have onely two Names usual, the Christian given at the Font, or Baptistery, by the Bishop or Presbyter ordinarily, as John, James, Robert, Edward: and the Sirname for distinction of the Family from whence Children descend. Both these are usually expressed in Deeds,* 1.11 Grants, Wills, and all other Writings whatsoever, and when ever omitted, are either the fruits of negligence or worse; for it leaves men in the dark, and subjects their Actions to uncer∣tainty, which alloyes the credit and grandeur of them. And for this cause (if no other could be added) men are obliged in Justice to their Fames, Persons, Posterities, and Families, to own their in∣dividual persons by those Names Christian and Familique, which they ordinarily go by; since as many Authours, not living to publish their pains, become unprofitable to the World, to enrich which they in their Lives and Studies were probably ambitious, as I think amongst many others, Julius Caesar Scaliger was in that Noble Compilement of an hundred and ten Books De Originibus, which are lost: or else others come after the Author's death, and thrust themselves into that praise which they never merited, and call themselves Fathers of those Speculations, which, if they could vindicate themselves by a Reply,* 1.12 would disown their impudent, and but Suposititious Au∣thours. I the rather observe this, because in the mention of my Text-Master, not onely Mr. Mulcaster a learned man, and a Student in the Law, terms him Master Fortescue Knight: but also Pitsaeus out of

Robert Record writes him onely Fortiscutus, De Fortiscuto meo hoc dicam, quod & de Thoma Cranleio Lelandu, refert, ut qui non modo ingenio, verum etiam ••alamo, utpote bonis instructus Artibus, plurimum valuit: so that were not Records and later Authours more pun∣ctual, the Worthy Authour might have been less certain.* 1.13 But our late learned Selden, who has led me the way to admire this Authour, has particularly displayed this brave Sage to be third Son to Henry Fortescue Son of Sir John Fortescue Knight, Captain of Meaux and Go∣vernour of Bry in France under Henry the Fifth, which Sir John was se∣cond Son of William Fortescue of Wimeston in the County of Devon, Esquire;* 1.14 so that our Chancellour being immediate Heir in the eighth descent of Sir Richard Fortescue Knight, who came out of Normandy in the Conquerours time, was generously descended by his Father, and no less by his Mother, who was a Daughter and Heir of Beauchamp, his eldest Brother was Lord Chief Justice of Ireland and dyed issueless, his second Brother's Posterity in the third Descent divided themselves into two Branches, one of which seated themselves at Fawborn in Essex, the other was seated by Sir Iohn Fortescue, Chancellour of the Exchequer, and Master of the Court of Wards, at Salden in Buckinghamshire, where now the Heir of his Family Sir Iohn Fortescue resides, who very civilly and like a Gentleman of Honour,* 1.15 sensible of the service I aimed to doe to the Memory of our Chancellour his Noble Kinsman, presented me with this information from his Pedigree, and with the Picture of our Chancellour which he caused to be cut to be hereunto prefixed; which I purposely mention as my return of kindness and thanks to his care to right my Noble Chancellour, whose Portraicture but for him had been unknown and unpublique. So that he was of a Knightly Race, and of so renowned a Gravity, that he was Chief Justice to Henry the Sixth for the latter half of his Reign; and, as appears by Records, that he might Statum suum decentius manu-tenere, the then King gave him an Annuity of an hundred and eighty Marks out of the Hamper, together with 116. s. 11. d. ½ percipiendum singulis annis ad Festum Natalis Do∣mini pro una Roba, & Furrura pro eadem erga idem Festum; & 66. s. 6. d. singulis annis ad Festum Pentecostes pro una Roba, & Linura pro eadem erga idem Festum: so greatly did this Worthy Knight de∣serve of his Prince, that he was thought the meet subject of all Fa∣vours. For he well demeaned himself in all Trusts, and as he lived no shame to his Family, so dyed he not ashamed of Fidelity to his So∣vereign; for him he accompanyed in his misfortunes, and to him did he express the ardour of a just and ingenuous gratitude, in applying to his Son and Heir, whom he hoped should inherit his Throne and Dominions, such wholesom Documents, as best fitted him to sub∣mit to God while a Sufferer, and to rule in the place of God when he should restore him to his Government, and subject his people and the guidance of them to him. Thus much for our Text-Master's Name, Fortescue,

Now for his Office, Chancellour, a great Office of Trust and Dig∣nity, the Prince's Conscience in a Subjects breast, the Great Iustice of the Realm, in whom the oppressed ought to finde Relief, and from

whom the Oppressour how great, how popular soever he be, ought to finde no Favour. The Trust of this Officer in England, appears notably out of old Ingulphus, where Edward the Elder, King of this Land, expresses his minde to Turktil, Abbot of Crowland, his Chan∣cellour in these words, Ut quaecunqus negotia temporalia uel spiritualia, Regis judicium expectabant, illius consilio & decreto, tam sanctae fidei, & tam profundi ingenii tenebatur,* 1.16 omnia tractarentur, & tractata irrefraga∣bilem sententiam fortirentur. So Ingulphus. The Name Cancellarius is variously understood, Grammarians make it no more then a Scribe or Notary, as the Domestici apparitores to great Magistrates, or as Praefe∣ctas Praetorio. The Verb Cancello, whence Cancellarius, signifying to deface, or amend, or cross out a thing written, having relation to a Su∣periour commanding it, some have thought to import the Office and Officer to be subservient, and under some limitation: which possibly the Lattices, which are called Cancelli, whether in Churches or in Courts do further illustrate, For as in Churches, Chancels are immured in and severed from the Navis Ecclesiae, and the most noted Members of the Church sit there; so in Courts, the Judges and Of∣ficers of the Courts fit within the Barrs, when the Counsellours, Advo∣cates, and Pleaders, which Budaeus calls Cancellarios, and we call Barri∣sters, stand and plead at the Barr.

In the Sacred Empire the Office of Chancellour is as frequent as our Steward in Mannours, every Province almost having its Chancellour; who is but a Cypher to the Great Chancellour,* 1.17 whom Budaeus defines, Principis praesentis Vicarius, & eo peregre prosecto, Inter-rex quodammodo censendus; and in another place, Norma omnium jura reddentium, cu∣jus ore facundi Reges moribus nostris esse solent, cujus oculis uelut emissitiis, circumspicere omnia ac perlustrare creduntur: And therefore Cassiodore writing to one of these Chancellours,* 1.18 cajoles him thus, Respice quo nomine nuncuperis, tenes quippe lucidas fores, claustra patentia, senestratas januas.

This great Officer, France, Spain, Denmark, Sweden, Scotland, pre∣ferr above all Officers, and so does England too, and that anciently; for Fleta writing of the Great Officers of England,* 1.19 fayes thus of the Lord Chancellour, Est inter caetera quoddam officium, quod dicitur Cancel∣laria, quod viro provido & discreto, ut Episcopo vel Clerico magnae Digni∣tatis debet committi, simul cum cura Majoris Sigilli Regni, cujus substituti sunt Cancellarii omnes in Anglia, Hybernia, Wallia, & Scotia, omnes∣que Sigilli Regis custodientes ubique,* 1.20 so Fleta: Sir Henry Spelman fayes much in few words, Censorem non agnoscitpraeter Regem, nec lites ei trans∣mittant Judices, sed inuitis ipsis saepe adimit, so He. And in all Acts of Par∣liament and Instruments of State, the first Person of Trust is the Lord Chancellour, who is counted Magistratuum omnium Antistes; by reason of which the Chancellourship is called,* 1.21 Summum bodie honorum fastigium, ultra quod nibil sper are licet homini quidem priuato & togato, quasique quod dam summa quedam ambientis animi solstitium. By which, and what to this purpose might abundantly be added, it appears, that this Of∣ficer is the weightyest, and of greatest import of any in the Nation, Caput sanctioris interiorisque consilin, without which well-performed with

trust and temper, Oppression would call for Divine Vengeance, and Injury not be more the Siu then Suffering of the Nation: thus much for the Office of the Chancellour. Though I judge in this high and supreme sense our Authour bore the Name,* 1.22 had not the actual Power and Office of Lord Chancellour in England; true it is I finde him cal∣led (a) 1.23 Chancellour, yea Summus Angliae Cancellarius by Pitsaeus: yet I doubt the Grant he had from Henry the Sixth was abroad, Non nisi a ui∣cto, & exulante apud Scotos Rege. The Ius ad rem he had to testifie his Prince's favour to him; but the Ius in re not effectually commencing, till his Prince's suppressed Right should invigorate, and evict his Rival's power; our Chancellour cannot be accounted so plenary a Chancellour as otherwise in his Master's possession of the Crown he would have been. Though then he was not, as to the State and Possession of that Honour∣able and Great Trust here in England, so compleat and perfect a Chan∣cellour:* 1.24 yet Chancellour to H. 6. of England he indisputably was, as also to his Son Prince Edward, and in it behaved himself worthy the Title of Miles Grandaevus.

Miles] the highest rank of the lower Nobility, an Honour given to Men of Merit (for Miles quasi Millesimus, A man, as we say, of a thou∣sand) who being an Esquire before (for Sir Edward Cook sayes, if his Authority be as good in Heraldry as in Law, no man was wont to be made a Knight, but he that was first an Esquire) was rewarded by his Prince, or some having Sovereign Commission for some notable per∣formance done,* 1.25 or to be done. Now this Honour of Knighthood was an encouragement to venture, the price of life, that which carries men sometimes beyond reason to hazard, and beyond Conscience to detain what they get. Olympiodorus tells us, that Honorius the Em∣perour rewarded valiant men with the name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which I am apt to think was our Knights Bachilors: and the Authour sayes, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Not onely Citizens of Rome were so rewarded, but Strangers that deserved well in their Warrs; yea not onely did they give them the No∣bilitation of Honour, making the Alchimy of base bloud to become ge∣nerous: but giving them badges of their Honour answerable to those now in use. Tacitus (Annal. lib. 18.) tells us, that Equestri dignitate donare, & Annulis honorare, were promiscuous: and Lampiridius, while he mentions Severus his care to exclude infamous persons from the E∣questrian Order, Ne Ordo Equestris commacularetur, tells us also, and together with him Suetonius, That Rings, Spurrs of Gold, and Crowns, with Chariots of Triumph, were the reward of brave Spirits. As after∣Ages have had like occasion for men of Courage, so to them have they been no less grateful; nor have extemporary Services gone without extemporary Favour. Honour being often given upon the ground where it has been won; which makes the Knight Bachilor in his Institution, a brave Military-esteemed Order. There is no man but must yield to Time's Sovereignty, and to that Fate, that com∣mon Opinion, and perhaps general Errour introduces, That, That makes and marrs what, and who it pleases; and though by its obste∣trication many notable Orders of Knighthood are produced, as our Or∣der of Saint George, and those other, Toizon d' Or, Saint Michael, Saint

Iago, Calatrava, Saint Esprit, the Annuntiation, Templars, Knights of Malta, Alcantara, and Montesio, or that of the Teutonick Order, Though I say these, and the most of them, have been honoured by the plea∣sure of Sovereigns with especial Rayes of Majesty, carrying their Te∣stimonial in their Badg on the outward Vest, which challenges all ap∣proachers to a more then ordinary respect: yet bare Knighthood is not without somewhat of a dignified lustre, both as in Antiquity and uni∣versality of allowance, it is most ubiquitive and embraced; and our Land and Law account it a noble degree, and of 1000 years age here amongst us. Since then I finde our Authours make Milites and Prin∣cipes a kinde of Synonyma's,* 1.26 as Brompton, no rude Historian, does in his mention of David King of Scots, his coming into England in King Stephen's time, who was met by the Northern English, in his words, (Mi∣lites & Principes Angliae Boreales animosi, cum insigni Comite Albemarle, &c, viriliter restiterunt;) and since Knights Bachilors, made by any Sovereign, are owned in all places as Persons of Honour, and their Title less burthen to them in cases of wordly vicissitude then others by Patent are, I account them both as to their Rise, Antiquity, and U∣niversal respect,* 1.27 not less nobilitated then becomes worthy men and merits. And such an one was our Knight, who was Chief Iustice from the 20 H. 6. to the 32 H. 6. yea, for ought I know, to the 38 H. 6. and after Chancellour to his Prince; to which Offices men seldom attain till they be aged and experienced, and till they be notable for Counsel: therefore is it added here to our Chancellour's remark, that he was Grandaevus, a man not so much for Action as Counsel; a Knight, that like the old Leontine Gorgias,* 1.28 was famous in the very determination of his life, being able to say with him, Quod voluptatis causa nibil mibi unquam facere permiserim; and having gratified his passion with no a∣buse of his virtue. This, This is he that is called Miles Grandaevus: and well may he so be, for he was a Grand-sier and Oracle of Counsel and Conduct; Grandaevus, qui est provectioris aetatis, quasi grandis aevi senex, faith Cerda: so Virgil,* 1.29

Et qu••e victus Abas, & qu••e Grand••evus Alethes.

So Pliny, Alios esse Grandoevos, semper Canos. Yea Grandoevus and Lon∣goevus the Latines promiscuously used for Old-age; in that then any thing of more then ordinary remark was expressed by Granditas, famous Phrases, Granditas Verborum: so Pliny writing of one rare for his time, sayes, Non illi vis, non granditas, non subtilitas, non ama∣ritudo, non dulcedo, non lepos defuit. By this Attribution to our Chan∣cellour's we are told, that he was a man wise enough to make a Prince happy;* 1.30 A Grandoevus who carried Time's Badg on his Head, and Time's Glass in his Hand; that had outlived the Passions and Easi∣nesses of heady, fierce, credulous youth; and was grown as full of Counsel as an Age was of Moments; an Helluo temporis, who had so measured Time that it could hardly deceive him: This is he, who ad∣dresses himself in this Dialogue to the Prince, whom he much conver∣sed with, and thereby may be presumed fully to understand. And in∣deed

the great Experience of this Gentleman, whose former conversa∣tion with the Youth of Honour and Note, (to whom in times past he had read the Civil and Common Laws) gave him a more exact Method of dealing with the Young Prince, then the bare Principles of •• Mother-wit, or the rude notions of a life of Study would have suggested to him, since had he been morose and humerous, as most aged men and Artists are, he would sooner have deterred from, then exhorted the Prince to, the Study of what he commended; for Great Spirits are not easily cajoled into any thing by Praetorian Dictates, which smell more of a Cynique Severity then a generous Candour: but when he, in his grave and sober address, complements the Prince into a good opinion of him, how well received are all his Documents? Prejudices against mens Persons end in prejudices against their Words and Actions: and men of scandalous looks are seldom less then Beams in the Eyes of Princes, who never look with pleasure upon figures which have tor∣vous, rude, and discomposed Visages. This the wise Chancellour fore∣seeing, frames himself to such a Courtly Demeanour, as might not immerge his grave Design in the danger of miscarriage; but still preserve him regarded in his Princely eyes, to which he ever desired to approve himself worthy: Thus much for the Chancellour, the first par∣ty in the Dialogue.

Now of the Prince, the second and more noble party. This Prince was brave Edward,* 1.31 Son and Heir to King Henry the Sixth of this Land, by Dame Margaret Daughter to Reynard Duke of Anjou and Berry, and King of Ierusalem, to whom, in his Father's Misfortunes, this Royal Stripling, forced to fly into France, addressed, and from whom he doubted not to receive the courtesie of welcome, being under those inevitable pressures which attend things humane, and against the infe∣licities of which Crowns cannot prescribe; for could any Father have merited his own establishment and his Posterities blessing, surely the Saintly Father of this Prince would have been the very Hee: For He was a Prince of remarkable Virtue,* 1.32 a Pattern of most perfect Piety, up∣right, farr from fraud, wholly given to Prayer, reading of Scriptures, and Alms-deeds; of such integrity of life, that his Confessor avowed, that for all the ten years he had confessed him, he had never committed any mor∣tal Sin; so continent, that suspicion of unchaste life never touched him; so full of Charity, that he thought he did never enough for the Church and the Poor: Who on dayes of Devotion would wear Sackcloth, and learn∣ed from his Saviour to use no other Communication then Forsooth, Forsooth; Yea, Yea; Nay, Nay; yea so full of Mercy, that he par∣doned (when for a time he was restored to his Crown) one, that thrust him into the side with a Sword when he was Prisoner in the Tower. Yet this Prophetique King, who foretold from the face of Henry the Se∣venth, when but a Childe, That He would be the Person, to whom both We and our adversary,* 1.33 leaving the Possession of all things, shall hereafter give room and place, could not by his Kingly Divination foresee, or by Prudence obviate, and forestall his misfortune: but after almost one and thirty years quiet Possession of his Government, in the fifty second year

of his age, lost his Crown by Battel gained against him, his Adver∣saryes being fewer in number then his Partizans;* 1.34 and soon after his life was taken away by Murther, and his Corps buryed at Chertsey, being carryed thither obscurely without Priest or Clerk, Torch or Taper, Singing or Saying, or any kinde of Decent or Christian So∣lemnity. So departed this good King. And unfortunate was Gallant Prince Edward his Son, who as he was a young Gentleman of faire Complexion and comely Person, so was he of a brave, bold, and daring courage, as appears by his valiant demeanour in Tewksbury field, wherein he very Princelyly manned a great and puissant Army, ex∣pressing no remissness in any point of true and generous Knighthood; yet for all that endeavour lost the day, and became a Prisoner to Sir Richard Crofts who took him, and for a while kept him safe and secret: but whether the fear of Edward the Fourth, now Victor, or the love of the reward promised to the Discovery and Delivery of him, wrought the resignation of him into Edward the Fourth's Hands,* 1.35 sure it is, ren∣dred he was, and as sure that upon the rendition of him he was con∣trary to Edward the Fourth's Proclamation, slain. For when he came into Edward the Fourth's Presence, and was by him demanded How He durst so presumptuously enter into his Realm with Banner displayed, Hee, the Prince Edward (Son to Henry the Sixth) boldly answered, To recover my Father's Kingdom and Heritage, from his Father and Grandfather to him, and from him after to me lineally descended; at which words King Edward the Fourth said nothing, But with his band thrust him from him, or (as some say) struck him with his Gantlet, Whom incontinently George Duke of Clarence,* 1.36 Richard Duke of Gloucester, Thomas Gray Mar∣quess of Dorset, and William Lord Hasting, that stood by, suddenly mur∣thered; For which cruel Act (saith my Author) the most part of the Doers in their latter dayes, drank of the like Cup by the righteous Iustice and due punishment of God. For the Duke of Clarence who murthered both Henry the Sixth and his Son,* 1.37 this towardly Prince, (that our Fortescue so loved and applyed himself to) about the 18 E. 4. was accused of Trea∣son, cast into the Tower, and after drowned in a Butt of Malmsey: The Duke of Gloucester,* 1.38 after Richard the Third, was slain at Besworth∣field, His body being naked and despoiled to the skin, and nothing left about him, not so much as a clout to cover his privy Members, being trussed behinde a Pursivant of Arms like an Hogg or Calf,* 1.39 his head and arms hanging on the one side of the Horse and his leggs on the other side: the Lord Hastings was accused of Treason by the Duke of Gloucester,* 1.40 when Protector to Edward the Fifth, and beheaded: so that onely the Marquess of Dorset remained, which, what became of him I finde not; but I believe he that shed the bloud of a Prince had his own bloud shed, as the satis∣faction of Justice. For viler men never the World saw of Nobles then were these Peerlessly wicked P••ers who slew in cold bloud the Son of a King, whom the King in being, promised to preserve: Thus much for the Story of the Prince, the second Person in the Dialogue, Who being the Care and Charge of our Chancellour, and proving notably rational and manly, may be thought to ap∣pear such from the improvement of those Principals and Maxims

which our Fortescue, His Father's and His Chancellour, had commu∣nicated to him in this Discourse, De Laudibus Legum Angliae, which among many other Treatises that he wrote, is accounted the most worthy, as being not onely the fruit of his solid Law-judgement, which further appears in the Year-Books of H. 6. from the twen∣tieth of his Reign upward; but of his various Abilities in Philologie and Historique Learning, as in what after followeth more at large appeareth.

So endeth the Introduction, which the Authour publishes, as he does the subsequent Commentaries, Sub Protestatione de addendo, retrahendo,* 1.41 corrigendo, poliendo, prout opus fuerit & consultius vi∣debitur,

DEO Clementissimè annuente. E.W.

Notes

• * 1.1

  Dialogus est oratio, in qua disputantes introducuntur quot∣quot Authori libis∣erit. Cic. ad At∣tic. lib. 13▪
• * 1.2

  Lilius Gyraldus, Syntag. 15. De Diis. p. 425.
• * 1.3

  Forte Scu∣tum Salus Ducum. Fortescue's Motte.
• * 1.4

  Tholoss. Syntag. Juris. lib. 36. ••. 4. ss. 1 De mutations Nominis. River. Exercit. 22. in Genes. 2.
• (a) 1.5

  Hine colligunt Hebraei Adamum insignem Philoso∣plium fuisse, qui naturas ornnium a∣nimalium probe te∣nuerit, ut inde jux∣ta naturam ac pro∣prietatem suam cuique suum nomen indiderit. Fagius in Gen. 2.19.
• (b) 1.6

  Geograph. Sacrae, p. 26. & p. 57.58. Tholoss. Syn∣tagm. Juris. lib. 32. c. 8.
• (c) 1.7

  Isidor. Ori∣gin. lib. 1. c. 2.
• (d) 1.8

  De Nominibus Romanis, c. 1. p. 341. Ed Sylburg.
• * 1.9

  Lilius Gyraldus. Syntagus. De Mu-sis.
• * 1.10

  Hist. Deorum. Syntagm. 10.
• * 1.11

  No••en dici putant quod rem notam faciat, sitque velut rerum imago. Ma∣nertus apud Tho∣loss. Syntagm. Juris. lib. 32. c. 8.
• * 1.12

  Epist. Dedicatory before Fortescue. Pitsaeus p. 597.
• * 1.13

  Selden's Notes on Fortescue. To the Reader. Rot. Parent. 20. H. 6. Membr.
• * 1.14

  Fortescue's Descent by Father and Mother.
• * 1.15

  A most wor∣thy Kinsman.
• * 1.16

  Lege Forcatulum lib. 7. De Galle∣rum Imperio & Philosophia. Salmuth. in Pán∣cirol. Part. 1. p. 316. Locus is in quo ce∣lebrantur ludi fo∣renses, fossis, Can∣cellis, aut aliis id genus septis erde circumscriptus. E∣rasin. Adag. 93. Chil. 1. Cent. 1. Cui alludit Cicero lib. 1. De Oratore. Et quasicertarum artium sorenseb••s Cancellis circum∣scriptam Scienti∣am. Idem in acti∣onibus, Ab his Cancellis quibas me circumscripst, declinav••ro.
• * 1.17

  Budaeus in Pan∣dect. p. 78. Edit. Vascos.
• * 1.18

  Variarum. lib. 11. c. 6.
• * 1.19

  Lib. 2. c 13. p. 75; Edit. Seld.
• * 1.20

  Glos. p. 110;
• * 1.21

  Budaeus loc•• pracit.
• * 1.22

  Selden Epistle be∣fore his Book. Spelman in Gloss p. 416.
• (a) 1.23

  In Introduct. Materia ante For∣tescutum ex Im∣press. Edw. Whit∣church. Cum Pri∣uilegio. Temps. H. 8.
• * 1.24

  Dominus Cancella∣rius Angliae consti∣tutas fucrit. Coke Preface to 10. Rep. 2 Instir. in 1 Ed. 2. Stat. De Mi∣litibus. See my Defence of Armes and Armory.
• * 1.25

  Photius in Ex∣cerptis ex Olym∣piod. p. 853. E∣dit. Sylburg. Though I know there is more pro∣bability in that O∣pinion, which our Books are of, that rise of it from the Baculus, which the Tyrones novitii, who had suffered their Launces to be broken, which was a deviction in their Hastiludia, and Torneaments, did bear, and thence were called Bacca∣laurei: which the strenuest Souldiers after were called by. So M. Paris p. 768. l. 55. p. 769. l. 4. p. 747. l. 51. Petrus Blesensis. Serm. 1. p. 130.
• * 1.26

  Edit. London. p. 1026.
• * 1.27

  Rot. Patent. 20 H. ••. part. 1. in 10 Claus. 38 H. 6. in 30. Rot. in Turr. Dorso 〈◊〉〈◊〉. Parliamenti.
• * 1.28

  Caelius Rhodi∣gin, lib. 19. c. 20.
• * 1.29

  In lib. 1. Aeneid.
• * 1.30

  Non panitendum Imperatorem egis∣set, si diutius illi per Cononem & Leonem, Orientis praefectos, imperaro licuis••et. Egnatius in Theodosio A∣dramiteno.
• * 1.31

  Rex longe pientior, quam Imperio for∣innatior. Leland. de H. 6. in Cygnea Cantione.
• * 1.32

  Holingshed. p. 691.
• * 1.33

  Hollingshed, p. 678.
• * 1.34

  Holingshed. p. 691.
• * 1.35

  Pag. 688.
• * 1.36

  God an A∣venger of innocent bloud. Idem loco pr••cit.
• * 1.37

  Pag. 690.
• * 1.38

  Pag. 703.
• * 1.39

  Pag. 760.
• * 1.40

  Pag. 724.
• * 1.41

  Spelman, ante Glossàrium.