Sir John Fortescue ( 1394 – December 1479) of

Ebrington Ebrington (known locally as Yabberton or Yubberton) is a village and civil parish in Gloucestershire, England, about from Chipping Campden. It has narrow lanes and tiny streets of Cotswold stone houses and cottages, many of which are thatched ...

in Gloucestershire, was

Chief Justice of the King's Bench Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boa ...

and was the author of ''De Laudibus Legum Angliae'' (''Commendation of the Laws of England''), first published posthumously ''circa'' 1543, an influential treatise on

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

. In the course of Henry VI's reign, Fortescue was appointed one of the governors of

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the 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.) Lincoln ...

three times and served as a Member of Parliament from 1421 to 1437. He became one of the King's Serjeants during the

Easter term Easter term is the summer term at the University of Cambridge, University of Wales, Lampeter, University of Durham, and formerly University of Newcastle upon Tyne (before 2004 Wars of the Roses The Wars of the Roses (1455–1487), known at the time and for more than a century after as the Civil Wars, were a series of civil wars fought over control of the English throne in the mid-to-late fifteenth century. These wars were fought bet ...

, Henry VI was deposed in 1461 by Edward of York, who ascended the throne as

Edward IV Edward IV (28 April 1442 – 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in England ...

. Henry and his queen,

Margaret of Anjou Margaret of Anjou (french: link=no, Marguerite; 23 March 1430 – 25 August 1482) was Queen of England and nominally Queen of France by marriage to King Henry VI from 1445 to 1461 and again from 1470 to 1471. Born in the Duchy of Lorrain ...

, later fled to Scotland. Fortescue remained loyal to Henry, and as a result was

attainted In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary ...

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

. He is believed to have been given the nominal title of

Chancellor of England The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...

during Henry's exile. He accompanied Queen Margaret and her court while they remained on the Continent between 1463 and 1471, and wrote ''De Laudibus Legum Angliae'' for the instruction of young Prince

Edward Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...

. After the defeat of the

House of Lancaster The House of Lancaster was a cadet branch of the royal House of Plantagenet. The first house was created when King Henry III of England created the Earldom of Lancasterfrom which the house was namedfor his second son Edmund Crouchback in 126 ...

, he submitted to Edward IV who reversed his attainder in October 1471.

Origins

Fortescue was born in about 1394 at Norris (or Norreys), in the parish of

North Huish North Huish is a village, civil parish, former ecclesiastical parish and former manor in the South Hams district of Devon, England. The village is situated about south-west of the town of Totnes. Avonwick is the largest village in the parish, A ...

Devon Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devon is ...

. He was the second son of Sir John Fortescue (fl. 1422) (who in 1422 was appointed captain of the captured Castle of Meaux, northeast of

Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...

), by his wife Elinor Norries, daughter and heiress of William Norries (''alias'' Norreys) of Norreys in the parish of

in Devon, by his wife a daughter of Roger Colaton. His eldest brother was Henry Fortescue,

in Ireland. The earliest surviving record of the Fortescue family relates to its 12th-century holding of the manor of Whympston, in the parish of

Modbury Modbury is a large village, ecclesiastical parish, civil parish and former manor situated in the South Hams district of the county of Devon in England. Today due to its large size it is generally referred to as a "town" although the parish co ...

, Devon.

Career

He was educated at

Exeter College, Oxford Exeter College (in full: The Rector and Scholars of Exeter College in the University of Oxford) is one of the Colleges of the University of Oxford, constituent colleges of the University of Oxford in England and the fourth-oldest college of the un ...

, favoured by many Devonshire gentry families. He was elected as a Member of Parliament for

Tavistock Tavistock ( ) is an ancient stannary and market town within West Devon, England. It is situated on the River Tavy from which its name derives. At the 2011 census the three electoral wards (North, South and South West) had a population of 13,028 ...

(1421 to 1425),

Totnes Totnes ( or ) is a market town and civil parishes in England, civil parish at the head of the estuary of the River Dart in Devon, England, within the South Devon Area of Outstanding Natural Beauty. It is about west of Paignton, about west-so ...

(1426 and 1432),

Plympton Erle Plympton is a suburb of the city of Plymouth in Devon, England. It is in origin an ancient stannary town. It was an important trading centre for locally mined tin, and a seaport before the River Plym silted up and trade moved down river to Pl ...

(1429) and

Wiltshire Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...

(1437). During the reign of Henry VI, Fortescue was thrice appointed one of the governors of

. During the

, a position he held till Easter term 1460. 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

in the first parliament of

. When Henry subsequently fled to

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...

, he is supposed to have appointed Fortescue, who appears to have accompanied him in his flight,

. Fortescue referred to himself in this manner on the title page of ''De Laudibus Legum Angliae'', but as the King did not possess the

Great Seal of England The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...

during his exile it has been suggested that the title was "nominal" and "merely illusory". In 1463 Fortescue accompanied Queen Margaret and her court in their exile on the Continent, and returned with them to England in 1471. During their exile he wrote for the instruction of the young Prince

his celebrated work ''De laudibus legum Angliæ'' (''Commendation of the Laws of England'', first published posthumously around 1543),. in which he made the first expression of what would later become known as

Blackstone's formulation In criminal law, Blackstone's ratio (also known as Blackstone's formulation) is the idea that: as expressed by the English jurist William Blackstone in his seminal work '' Commentaries on the Laws of England'', published in the 1760s. 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, who reversed his attainder on 13 October 1471.

Marriage and progeny

John Fortescue married Isabella Jamys, daughter and heiress of John Jamys, by whom he had the following progeny: *Sir Martin Fortescue (died 1472) who married Elizabeth Denzil (or Densil/Densel), the daughter and heiress of Richard Denzil of

Filleigh Filleigh is a small village, civil parish and former manor in North Devon, on the southern edge of Exmoor, west of South Molton. The village centre's street was, until the 1980s opening of the North Devon Link Road, the main highway between ...

Weare Giffard Weare Giffard is a small village, civil parish and former manor in the Torridge district, in north Devon. The church and manor house are situated 2 1/2 miles NW of Great Torrington in Devon. Most of the houses within the parish are situated ...

and

Buckland Filleigh Buckland Filleigh is a village, civil parish and former manor in the Torridge district of North Devon, England, situated about 8 miles south of the town of Great Torrington. According to the 2001 census, the parish had a population of 170. It ...

and other manors, all in Devon, in 1454. Filleigh later became the principal seat of the senior line of the Fortescue family, where the Palladian mansion Castle Hill was built ''c.'' 1730. Sir Martin Fortescue was the ancestor of the Earls Fortescue. *Robert Fortescue, who married Elizabeth Trenchard. *Maud Fortescue, who married Robert Corbet. *Elizabeth Fortescue, who married Edward Whalesbrough.

Death and burial

SirJohnFortescue Died1479 EbringtonChurch Gloucestershire

The exact date of Fortescue's death is not known, but is believed to be shortly before 18 December 1479. He was buried in the Church of St Eadburga, Ebrington in Gloucestershire, in the manor he had purchased, and after which his descendants took the name of their title

Viscount Ebrington A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...

, today used as the courtesy title of the eldest son and heir of

Earl Fortescue Earl Fortescue is a title in the Peerage of Great Britain that was created in 1789 for Hugh Fortescue, 3rd Baron Fortescue (1753–1841), a member of parliament for Beaumaris and Lord-Lieutenant of Devon. History The Earls Fortescue desce ...

. A painted stone effigy of John Fortescue, wearing his scarlet robes of office with collar of ermine, exists within the church, against the north wall of the chancel within the communion rails. Above it was erected in 1677 by Col. Robert Fortescue (1617–1677) (eight times his descendant and the second son of Hugh Fortescue (1593–1663) of

) a mural monument with a biographical inscription in Latin. A smaller tablet is affixed below stating that the monument was repaired in 1765 by Matthew Fortescue, 2nd Baron Fortescue. A brass plate below states: "Restored by the Rt Honble. Hugh, 3rd Earl Fortescue, AD 1861".

Legacy

John Fortescue's description of England's mixed monarchy as a ''dominium politicum et regale'' (a political and regal kingdom) has been profoundly influential in the history of British constitutional thought. During the 20th century, the earlier portrayal of Fortescue as a constitutionalist has come under pressure from legal and constitutional historians. Scholars of literature have taken an interest in Fortescue's contribution to the development of English prose, and in his role as a Lancastrian writer.. More recently, Fortescue's constitutional thought has been reassessed and his Lancastrian affiliation has been challenged.See , a study of Fortescue's influence on late medieval and early Tudor thought. To this day the John Fortescue Society is joined by students of law at

Works

Fortescue's most significant works were composed in Scotland and France, where the Lancastrian party had taken refuge, between 1463 and 1471. Taken together, ''Opusculum de natura legis naturæ et de ejus censura in successione regnorum suprema'' (''A Small Work on the Nature of the Law of Nature, and on its Judgment on the Succession to Supreme Office in Kingdoms'', c. 1463), ''De laudibus legum Angliæ'' (1468–1471), and a work written in English around 1471 which was later published as '' The Difference between an Absolute and Limited Monarchy'' (1714) and as '' The Governance of England'' (1885), provide the first discussion of the political and conceptual underpinnings of the common law, besides commenting on England’s constitutional framework. His works, in particular the masterly vindication of the laws of England ''De laudibus legum Angliæ'', circulated in manuscript in late medieval England and were cited by the leading thinkers of the early Tudor period, among them the printer and playwright

John Rastell John Rastell (or Rastall) (c. 1475 – 1536) was an English printer, author, member of parliament, and barrister. Life Born in Coventry, he is vaguely reported by Anthony à Wood to have been "educated for a time in grammaticals and philosophi ...

and the lawyer Christopher St. Germain. ''De laudibus legum Angliae'' did not appear in print until about 1543 in the reign of

Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...

as ''Prenobilis militis, cognomento Forescu '' ic', qui temporibus Henrici sexti floruit, de politica administratione, et legibus ciuilibus florentissimi regni Anglie, commentarius'' (''Commentary on Political Administration and on the Civil Laws of the Most Flourishing Kingdom of England, of the Very Noble Knight, surnamed Forescu '' ic', who Flourished during the Reign of Henry VI''). It was subsequently reprinted many times under different titles. ''The Difference between an Absolute and Limited Monarchy'', based on Fortescue's c. 1471 manuscript, was published in 1714 by a descendant, John Fortescue Aland. In the

Cotton library The Cotton or Cottonian library is a collection of manuscripts once owned by Sir Robert Bruce Cotton MP (1571–1631), an antiquarian and bibliophile. It later became the basis of what is now the British Library, which still holds the collection. ...

there is a manuscript of this work, and its title indicates that it was addressed to Henry VI. However, 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, FBA (1851–1927) was an English historian and cleric, best known as the editor of Sir John Fortescue's ''The Governance of England'', and for coining the term "bastard feudalism". He was the fifth son of Matthew Plummer of St ...

under the title ''The Governance of England''. Fortescue also wrote a number of mostly topical works that addressed the political conflict during the Wars of the Roses. Among the surviving works are the pamphlets ''De titulo Edwardi comitis Marchiæ'' (''The Title of Edward,

Earl of March Earl of March is a title that has been created several times in the Peerage of Scotland and the Peerage of England. The title derived from the "marches" or borderlands between England and either Wales (Welsh Marches) or Scotland (Scottish Marche ...

''), ''Of the Title of the

House of York The House of York was a cadet branch of the English royal House of Plantagenet. Three of its members became kings of England in the late 15th century. The House of York descended in the male line from Edmund of Langley, 1st Duke of York, ...

'', ''Defensio juris domus Lancastriæ'' (''Defence of the Rights of the

''), ''Replication ageinste the Clayme'', and ''Title of the Duke of Yorke for the Crownes of England and France'', as well as the treatise ''Opusculum de natura legis naturæ et de ejus censura in successione regnorum suprema'' already mentioned. Two further works, ''Declaration upon Certayn Wrytinges Sent oute of Scotteland'' and ''Articles Sent to Warwick'' have been discussed by recent scholarship. All of Fortescue's minor writings appear in '' The Works of Sir John Fortescue'', published in 1869 for private circulation by another descendant,

Thomas Fortescue, 1st Baron Clermont Thomas Fortescue, 1st Baron Clermont (9 March 1815 – 29 July 1887) of Ravensdale Park in County Louth, Ireland, was an Irish Whig politician and was the historian of the ancient Fortescue family of 12th century Devonshire origins. Origins He ...

.. A list of Fortescue's printed works and selected later editions follows: John Fortescue, A Learned Commendation of the Politique Lawes of Englande (1st English ed, 1567, title page) - 20140816

John Fortescue, A Learned Commendation of the Politique Lawes of Englande (1st English ed, 1567, title page) - 20140816

*. Later editions: **. (According to the

English Short Title Catalogue The English Short Title Catalogue (ESTC) is a union short-title catalogue of works published between 1473 and 1800, in Britain and its former colonies, notably those in North America, and primarily in English, drawing on the collections of the ...

(ESTC), further editions were issued under this title in 1573 and 1599.) **. (According to the ESTC, further editions were issued under this title in 1660, 1672, 1737, 1741 and 1775.) ** **. **. *. (According to the ESTC, further editions were issued under this title in 1719 and 1724). **Later editions: ***. Digital versions of text are available online, including at The University of Michigan'
Corpus of Middle English and Prose and Verse
***. hoto reprints of the original Clermont text are now available, including an edition from The British Library, Historical Print Editions (2011): *Modern editions of Fortescue's major works: **Fortescue, Sir John. (1942), ''De Laudibus Legum Angliae'', Edited and translated by S. B. Chrimes, (2nd Edition: 2011). Cambridge, Cambridge University Press, c ncludes an extensive introduction along with Latin and English texts**Fortescue, Sir John. (1997), ''On the Laws and Governance of England''. Edited by Shelly Lockwood. Cambridge: Cambridge University Press, . [includes a new English translation of ''De Laudibus Legum'' ''Angliae'', ''The Governance of England'' in modern English, and selected passages from the ''Opusculum de natura legis naturæ'' and lesser works]

Notes

References

*. *. *.