De Laudibus Legum AngliaeThe Lawbook Exchange, Ltd., 1999 - 302 pages Fortescue, Sir John. De Laudibus Legum Angliae. A Treatise in Commendation of the Laws of England. With Translation by Francis Gregor. Notes by Andrew Amos and a Life of the Author by Thomas (Fortescue) Lord Clermont. Cincinnati: Robert Clarke & Co., 1874. lxiv, 302 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-16485. ISBN 1-58477-019-8. Hardcover. * Written in 1470, De Laudibus was intended for the instruction of Edward, Prince of Wales. Written in the form of a dialogue, this book contains one of the earliest sketches of the English legal system. This is the first appearance of the modern edition, based on the 1825 Amos edition, which includes for the first time the life of the author by Lord Clermont, a direct descendant, as well as his corrected version of both the text and translation, these having appeared only in an 1869 privately published edition of Fortescue's works limited to 120 family copies. |
Contents
v | |
xxiii | |
List of all the known Works of SIR JOHN FORTESCUE | lii |
AMOS Preface Ixi | lxi |
The Chancellor exhorts the Prince to the Study of | 3 |
He proves that a Prince by the Laws may be made | 11 |
A Repetition of his Exhortation 17 227 | 17 |
A King whose Government is political cannot | 26 |
How Jurors are informed by Evidence The way of Proceeding in Civil Causes 89 251 | 89 |
The way of Proceeding in Capital Cases 93 253 | 93 |
The Prince owns his Conviction that the Laws of England are much more commodious for the Sub ject as to the Proceedings in the above instances t... | 96 |
The Reasons why Inquests are not made up of Juries of Twelve Men in other Countries 105 255 | 105 |
The Prince commends the Laws of England with respect to their Proceeding by Juries III 258 | 111 |
Whether the Proceeding by Jury be repugnant to the Law of God or not 115 258 | 115 |
The Chancellors Answer 117 259 | 117 |
The Prince asks the Reason why some of our Kings have taken disgust at the Laws of England 124 262 | 124 |
How Kingdoms ruled by Regal Government first | 34 |
The Prince abridges what the Chancellor had been | 40 |
The Law of Nature in all Countries is the same 49 239 | 49 |
The Customs of England are of great Antiquity received and approved of by five several Nations successively 50 239 | 50 |
How Statutes are made in England 53 240 | 53 |
The Difference between the Civil Laws and the Laws of England 59 241 | 59 |
The first Case wherein the Civil Laws and the Laws of England differ 64 242 | 64 |
The Inconveniencies of that Law which tries Causes by Witnesses only 65 242 | 66 |
Concerning Torture and putting to the Rack 71 244 | 71 |
The Civil Law defective in doing Justice 76 247 | 76 |
The Division of Counties Sheriffs and their Appointment 78 247 | 78 |
Jurors How chosen and sworn S4 249 | 84 |
The Chancellors Answer 130 262 | 130 |
The Inconveniencies which happen in France | 135 |
Goncerning the Regal Government and | 147 |
The Reasons why Baseborn Children are not | 153 |
The Prince yields his Assent to the Chancellor | 165 |
Concerning open Theft and private Theft 176 280 | 176 |
The Chancellors Answer 183 281 | 183 |
Of the Judges of the Courts in WestminsterHall | 202 |
The Chancellors Answer 211 291 | 211 |
Of the State Degree and Creation of a Serjeant | 285 |
297 | |
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Common terms and phrases
aliis ancient Barrois Cancellarius casu causa Chancellor CHAP Chief Justice Civil Law Coke Court dicit duodecim Earl eciam Edward ejus English eorum filii Henry Henry VI Henry VIII History House of Lancaster House of York hujusmodi illa illi illius illud Inst ipsa ipse ipsi ISBN Judges judicial Jury King King's kingdom Laudibus Lawbook Exchange Laws of England LCCN legem leges Anglie leges Civiles legibus legis legum licet Lord Lord Bacon namque nature nedum neque nisi omnes omni Parliament Paston Letters peccatum person poterit potest Prince Princeps qualiter quam Quare quia quibus quod quoque regali reges Regis regni regnum reign Reprinted respecting revera says semper Serjeant Serjeant at Law sibi Sir John Fortescue solum Statute sunt suorum tamen tantum tibi tion treatise trial tunc vero