De Laudibus Legum Angliae

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The 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

Life of SIR JOHN FORTESCUE
v
All Laws are the Laws of Nature Customs or Statutes 43 238
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
INDEX
297

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