John Fortescue
Encyclopedia
Sir John Fortescue was an English
lawyer
, and the author of the De laudibus legum Angliae, an influential treatise on English law.
family. He was born at Norries, in the parish of North Huish near South Brent
, in Devon
. He was educated at Exeter College, Oxford
.
he was three times appointed one of the governors of Lincoln's Inn
. In 1441 he was made a king's sergeant at law, and in the following year chief justice of the king's bench. As a judge Fortescue was recommended for his wisdom, gravity and uprightness; and he is said to have been favoured by the king.
He held his office during the remainder of the reign of Henry VI, to whom he was loyal; as a result, he was attainted of treason
in the first parliament of Edward IV
. When Henry subsequently fled into Scotland
, he is supposed to have appointed Fortescue, who appears to have accompanied him in his flight, chancellor of England. In 1463 Fortescue accompanied Queen Margaret
and her court in their exile on the Continent, and returned with them afterwards to England. During their wanderings abroad the chancellor wrote for the instruction of the young Prince Edward
his celebrated work De laudibus legum Angliae (in which he made the first expression of what would later become known as Blackstone's formulation
, stating that "one would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned, and suffer capitally"). On the defeat of the Lancastrian party he made his submission to Edward IV, from whom he received a general pardon dated Westminster
, 13 October 1471. The exact date of his death is not known.
, when it was published, but without a date. It was subsequently reprinted many times.
Another work by Fortescue, written in English
, was published in 1714 by John Fortescue Aland, under the title of The Difference between an Absolute and a Limited Monarchy. In the Cotton library there is a manuscript of this work, in the title of which it is said to have been addressed to Henry VI; but many passages show plainly that it was written in favour of Edward IV. A revised edition of this work, with a historical and biographical introduction, was published in 1885 by Charles Plummer
, under the title The Governance of England.
All of Fortescue's minor writings appear in The Works of Sir John Fortescue, now first Collected and Arranged, published in 1869 for private circulation, by his descendant, Lord Clermont.There is an unpublished Ph.D. dissertation on Fortescue's life and career: Paul E. Gill, Sir John Fortescue: Chief Justice of the King's Bench,Polemicist of the Succession Problem, Governmental Reformer, and Political Theorist, The Pennsylvania State University,1968. Also, there is an article in the April 1971 volume of Speculum concerning Fortescue's role in the succession crisis between the Houses of Lancaster and York.
.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, and the author of the De laudibus legum Angliae, an influential treatise on English law.
Early life
Fortescue was the second son of Sir John Fortescue, Captain of Meaux, of an ancient DevonDevon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
family. He was born at Norries, in the parish of North Huish near South Brent
South Brent
South Brent is a large village on the southern edge of Dartmoor, England, in the valley of the River Avon, population 2998 , 8 km north-east of Ivybridge, and next to the Devon Expressway which connects Exeter to the north-east and Plymouth to the west.-History:It was originally a woollen...
, in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
. He was educated at Exeter College, Oxford
Exeter College, Oxford
Exeter College is one of the constituent colleges of the University of Oxford in England and the fourth oldest college of the University. The main entrance is on the east side of Turl Street...
.
Legal career
During the reign of Henry VIHenry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
he was three times appointed one of the governors of Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. In 1441 he was made a king's sergeant at law, and in the following year chief justice of the king's bench. As a judge Fortescue was recommended for his wisdom, gravity and uprightness; and he is said to have been favoured by the king.
He held his office during the remainder of the reign of Henry VI, to whom he was loyal; as a result, he was attainted of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
in the first parliament of Edward IV
Edward IV of England
Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...
. When Henry subsequently fled into Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, he is supposed to have appointed Fortescue, who appears to have accompanied him in his flight, chancellor of England. In 1463 Fortescue accompanied Queen Margaret
Margaret of Anjou
Margaret of Anjou was the wife of King Henry VI of England. As such, she was Queen consort of England from 1445 to 1461 and again from 1470 to 1471; and Queen consort of France from 1445 to 1453...
and her court in their exile on the Continent, and returned with them afterwards to England. During their wanderings abroad the chancellor wrote for the instruction of the young Prince Edward
Edward of Westminster
Edward of Westminster , also known as Edward of Lancaster, was the only son of King Henry VI of England and Margaret of Anjou...
his celebrated work De laudibus legum Angliae (in which he made the first expression of what would later become known as Blackstone's formulation
Blackstone's formulation
In criminal law, Blackstone's formulation is the principle: "better that ten guilty persons escape than that one innocent suffer", expressed by the English jurist William Blackstone in his Commentaries on the Laws of England, published in the 1760s.-Historical expressions of the principle:The...
, stating that "one would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned, and suffer capitally"). On the defeat of the Lancastrian party he made his submission to Edward IV, from whom he received a general pardon dated Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
, 13 October 1471. The exact date of his death is not known.
Published Works
Fortescue's masterly vindication of the laws of England, though received with great favour by experts, did not appear in print until the reign of Henry VIIIHenry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
, when it was published, but without a date. It was subsequently reprinted many times.
Another work by Fortescue, written in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, was published in 1714 by John Fortescue Aland, under the title of The Difference between an Absolute and a Limited Monarchy. In the Cotton library there is a manuscript of this work, in the title of which it is said to have been addressed to Henry VI; but many passages show plainly that it was written in favour of Edward IV. A revised edition of this work, with a historical and biographical introduction, was published in 1885 by Charles Plummer
Charles Plummer
Charles Plummer was an English historian, best known for editing Sir John Fortescue's The Governance of England, and for coining the term 'bastard feudalism'....
, under the title The Governance of England.
All of Fortescue's minor writings appear in The Works of Sir John Fortescue, now first Collected and Arranged, published in 1869 for private circulation, by his descendant, Lord Clermont.There is an unpublished Ph.D. dissertation on Fortescue's life and career: Paul E. Gill, Sir John Fortescue: Chief Justice of the King's Bench,Polemicist of the Succession Problem, Governmental Reformer, and Political Theorist, The Pennsylvania State University,1968. Also, there is an article in the April 1971 volume of Speculum concerning Fortescue's role in the succession crisis between the Houses of Lancaster and York.
Legacy
To this day the John Fortescue Society is joined by students of law at Exeter College, OxfordExeter College, Oxford
Exeter College is one of the constituent colleges of the University of Oxford in England and the fourth oldest college of the University. The main entrance is on the east side of Turl Street...
.
Related links
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