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

About this Item

Title
Fortescutus illustratus, or, A commentary on that nervous treatise, De laudibus legum Angliæ, written by Sir John Fortescue, Knight ... by Edward Waterhous, Esquire.
Author
Waterhouse, Edward, 1619-1670.
Publication
London :: Printed by Tho. Roycroft for Thomas Dicas ...,
1663.
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Subject terms
Fortescue, John, -- Sir, 1394?-1476? -- De laudibus legum Angliae.
Law -- Great Britain.
Great Britain -- Constitutional law.
Cite this Item
"Fortescutus illustratus, or, A commentary on that nervous treatise, De laudibus legum Angliæ, written by Sir John Fortescue, Knight ... by Edward Waterhous, Esquire." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A65237.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

Hereafter followeth in Articles the manner of the Corporation and Elections, and of Exercises of Learning, together with certain Rules to be observed in the King's Graces House.

FIRST, The certain number of such as shall be the King's Students, and of his Graces exhibition to be limited by his Highness.

Secondly, One ancient, grave, and learned man, and of no small Authority, which either hath the knowledge, or at the least is a Factor and Furtherer of all such know∣ledges as are studyed and professed there, to be named of the King's Grace to be Cheif and Head-Governor over them; and his name of Corporation to be appointed by his Highness.

Page 540

Item, One in his absence to be a Vice-Governour, who also would be one as should procure the furtherance of all the studies indifferently, and be bounden perpetually to be resident, saving every year to have liberty of absence two Moneths, but never pas∣sing three weeks together; and that but at certain times when the least exercise of learning is in the House, except the Governour be there.

Item, That the Vice-Governour in the time of his absence shall always appoint one of the Company to supply his Room.

Item, That of these three, that is to say, the Governour, Vice governour and Stu∣dents, or by such other names as shall please the King's Grace, a Corporation to be made by the King's Letters Patents; and for a further and perpetual establishment there∣of, that it be confirmed by Act of Parliament.

The Election and Nomination of the Governour, Vice-governour, and Students, to belong to the King's Grace.

Item, His Grace shall elect P. or as many as his Grace shall think meet, of the most sage, discreet, and learned of all the Students, to whom with the Governour and Vice-governour, the ordering and execution of all the Rules and Ordinances shall pertain, which shall be called the Company, or such like name.

Item, That all Ordinances hereafter to be made concerning this House by them, and signed by the King's Grace, shall be as good and effectual as if it had been made upon the foundation and past by Act of Parliament.

Item, That all the King's Students be sworn to observe the Rules and Orders of the House.

Item, that it shall be lawful for them or any two of them to admit to study, besides the number of the King's Students, as many other young men which shall not have the King's stipend, as to them shall seem meet, undertaking to the Governour or Vice-governour for their good behaviour, so that they may be twenty years of age.

Item, That such shall be at a Table and Commons by themselves, and shall be bound to observe all the Rules and Learnings in the House; and also be sworn at their admit∣tance thereunto.

Item, That none be admitted the King's Students under the age of two and twenty years.

Item, that whensoever the Vice-governour chance to dye or be otherwise removed, the Governour and Company shall choose and appoint three out of the same House, or the other Houses of Court, as men most towards; and the King's Grace of the three to appoint one to be his Student.

Item, That all Elections and Ordinances to be made as aforesaid concerning this House, there be present the Governour or Vice-governour, and six of the Company at the least.

Item, If any of the ten, which is before called the Company, chance to dye or o∣therwise to be removed, the Governour and Company to elect another of the King's Students into his room; and he to be ready the next Vacation after his Election, if he be elected one Quarter of a year before the Vacation, or else the next Vacation after.

Item, That in all Elections and Ordinances hereafter to be made, the consent of the greater number to binde, and if they be equal, then that part that the Governour taketh, or in his absence the Vice-governour.

Item, That it shall be lawfull to the Governour and Vice-governour and five of the Company at the least, to admit any young man of the age of eighteen years and under twenty to be a Student, they being thereunto moved by some singular quality or excel∣lency of knowledge that appeareth in him.

Item, That the King's Grace shall appoint every of his Students his Ancienty, and after his Ancienty to go by continuance.

First, That every week three times, that is to say, on Monday, Wednesday, and Friday, except Festival dayes and their Vigils, a Mote be had in the House.

Item, That the inner Barristers shall plead in Latine, and the other Barristers reason in French; and that either of them shall do what they can to banish the corruption of both tongues.

Item, That three by the course of the Company which shall be the most ancient, shall sit at the Motes as Benchers and argue unto them.

Page 541

Item, That every man in Commons shall keep his course in Mote, as well as the King's Students; and this course once appointed by the Governour to continue for ever.

Item, That none of the ten, called the Company, shall be bound to mote, but as Benchers to argue in them.

Item, That the Mote be alwayes after Supper, as is used in Court.

Item, That after dinner every three, as they sit, to have a Case propounded and ar∣gued unto, before they rise.

Item, That after Supper, if there be no Motes, three Cases shall be propounded to the Company by the other Learners, and the puisne shall choose which of the three Cases he will, and argue thereunto, and after him three at the least of the Company.

The first reading Vacation the Vice-governour shall read, and after him every of the rest in his Ancienty.

Item, That none be called to be a Reader, but onely the King's Students.

Item, That after the ten have read, one after another, then he that read first to read in the Lent-Vacation; and so every Lent, one to read that hath read before: and e∣very Summer-Vacation one that never read.

Item, That any Reader during his Vacation shall deliver to them whose course is to mote, such Cases as shall be moted, new questions or old at his pleasure.

Item, If any the King's Students refuse to read being thereunto called, except he have such reasonable excuse as the Governour and Company shall accept, to lose the King's exhibitions.

The Exercises are to be observed in manner and form as they here appear by the space of two years, and after in somethings to be altered in man∣ner as hereafter shall be declared.

In the Term-time and Vacations, every Monday, Tuesday, and Wednesday, (Festival dayes onely excepted) one of the excellent knowledge in the Latine and Greek tongue to read some Orator or book of Rhetorick, or else some other Authour which treateth of the Government of a Common-wealth, openly to all the Company, and to all other that will come for the knowledg of both the said Languages; and therefore it seemeth convenient that there be two of these.

Item, That this Lecture be in the After-noon between three and four of the clock.

Item, That every Friday and Saturday in the Term, and Vacation at the same hour, one learned in the French, read some introduction, to teach the true pronun∣ciation of the French tongue.

Item, That the first two years past, every Mote that shall be brought in, shall in order go after this sort, that is to say, the first in good Latine, and the utter Barri∣sters to argue in good Latine so much as they can, and the second in good French; and this to continue alternatim: and the Benchers to argue in like manner after three years past.

Item, That the mean Vacations after two years past, instead of Motes, to have dayly Declamations at the same hour in Latine; Proviso, that none of the Company shall be bound to be at this.

Item, We think it very convenient that they should have some House not farr from the City, where they might lye together and continue their study at such time as the infectiou of the Pestilence or other contagious sickness shall chance amongst them or nigh their House.

Item, That during the Lent-season the Latine Lecture to cease, and instead thereof from Thursday after Shrove-Sunday till Palm-Sunday, even the same man to read an open Lecture of Scripture.

First, Keeping of Concubines in the House to be the loss of his stipend: fighting in the House, expulsion of his part beginneth the Quarrel, and finable for the other.

If any be known for a notorious whore-hunter or common Quarreller to be expul∣sed: playing at Dice or Cards in the House out of the twelve dayes in Christmas to be expulsion.

Absence of any one, one week, at times appointed to be 'resident, without special Licence to be expulsion, except he have a cause thought and judged reasonable by the Governour, Vice-governour and Company.

Page 542

Item, If any the King's Students convey or steal any books out of the Library, or be privy or consenting thereunto, that he shall be expulsed and lose the King's exhibition.

Item, if any other of the House consent or be privy to any such act, to be expul∣sed and committed to the Fleet, there to remain without bayl or mainprize as long as it shall please the Governour and Company.

Item, All other offences to be punished by the discretion of the Governour or Vice-governour and Company; and that they shall have power to commit any of the House to the Fleet, there to remain during their pleasure.

Item, That one of the Butlers every Saturday make clean the Library, and clasp the books, and lay them in their places.

Item, That the Governour, or Vice-governour and Company, shall have power to call counsel in the House as oft as they shall think fit for the preferment of good order, and reformation of Offences.

Item, Forasmuch as we think it meet, that such as should be the King's Students should be seen expert in all civil things that are requisite to be known to do good and faithful service to the King's Highness in the affairs of his Graces Realms and Domini∣ons; we most humbly desire that it would please the King's Majesty, that when his Grace doth send any Embassadours into any forein Realm, that his Grace would asso∣ciate or send to wait upon the same Embassadour one or two of his Graces said Stu∣dents to be assigned by his Highness, to the intent that thereby they may be more ex∣pert and meet to serve the King's Majesty in such affairs, when occasion shall serve.

Item, Forasmuch as it seemeth no wise convenient, that neither the politick Go∣vernment of this Imperial Realm, and the noble Acts of the Governours of the same, which undoubtedly are worthy of eternal memory and fame; neither on the other side the detestable and divelish Acts attempted against the Common-wealth contrary to the express Lawes of God and nature, and the due and just punishment for the same sustained, should in any wise oher by negligence or lack of knowledge be drowned in forgetfulness or buried in ignorance, but that they should be rather chronicled and remain in Histories for ever, whereby our posterity seeing (as it were before their eyes) the goodly access of so noble a Government, should better provide for the se∣curity of this Realm, We therefore most humbly desire, that it would please the King's most excellent Majesty to appoint two of his greatest Students to put forth in writing the History and Chronicle of this Realm; and they that shall be so appointed, to take an Oath before the Chancellour of England and the King's most honourable Council truely and indifferently to do the same without respect of any person, or any other corrupt affection: and also that those two or one of them when any notable arraign∣ment or high Treason shall be, to give openly evidence for the King's Highness by the Councils appointment, whereby they being so made privy to the matter, may the mor truely and lively in their Chronicles set forth the same.

And whereas we think it very expedient, that such men should also besides their studies aforesaid, have some knowledge and practice in martial Feats, whereby they may be able to doe the King's Grace and the Realm service both in time of peace and warr also. First therefore, That it shall be lawful for every the King's Students to occupy and exercise at his pleasure shooting in a Cross-bow and Long-bow without Licence and Placard; so that it be not prejudicial to the King's Highness gamés.

Item, That whatsoever Warr shall hereafter chance between any forein Prince, that a certain number of the activest young men, and of no small discretion and sober∣ness, to be appointed by the King's Majesty, which shall amongst others repair into those parts not onely to view themselves the order and fashion of their Camps, and assaulting and defending, but also to set forth in writing all the whole order of the Battel, and this to be registred in their House and to remain there for ever.

Notes

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