John Fortescue.

The works of Sir John Fortescue, Knight, Chief Justice of England and Lord Chancellor to King Henry the Sixth (Volume 1) online

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. . . . ■ I. ^, 13 b.

faynt Edwarde the ConfelTour, hadd ilTue a fonne; whiche hadd iflue a doughtere wed.iyde ''

to Malcolyne Kynge of Scottes, now canonized, and callid Saynt Margarete ; o\ \ hich

kynge and Margarete haue bene fithen dyfcendide all the kynges of Scottes; which ■ not

withftondynge, after the dethe of the laid Edmunde, Sainte Edwarde reyned in this londe

pefeably all the lyffe of the faid Saint Margarete with oute eny claNine made vppon him, by

hyr, or by her hulbande, and with outen that eny of ther heirs have claymed this londe at

any tyme fithen; whiche clayme thay wold haue made yf it hade bene inhei-itable by eny

woman, or by the iflue of a woman. ^Ind alio Saint Edwarde that was lo rightwos, and'



1 nib aiUclc-
ci iiL-crnilli
I'.'linondt;



- I"j r ''j v! J.'tiy

■ ,-i- >'-'..l ) Ji 7(.i



I1 ,(>



5^6 The Dcclaracion

tharfor is now a faynt canonized, wolde not Imue kcpc this londe from the doughtcr of fhe
fonne of his elder brother yf (he ought to haiie hadde it hy inherytaunce. Syr, this wrytinge
unportitli two tilings, oone is euidence that the corone of this londe is not inheritable by a
woman ; the fecunde is that if it be inheritable by a woman, than the Kynge of Scottes
oughte to haue it. I low fore the two maters bene a yene the Kynge and his title, your
reafon feeleth well ynough ; and therfor they nedyne right playne and open declaracion,
where in I wold fayne here you.

Fortejcu. '

Hereisdir- My frend, the fyrfte poynt whiche ye faye that the forfayd wrytyii" importith, and'

proved tlu- /uijl-j i i ^ t '

(yrfl ijoyiit mulde be euidence, that the corone of this londe is not inheritable by a woman, may not
that the for- xn-x^!t eny fuche euidence ; for hit apperith in the Cronicules of this londe, and fpeciallv i \

layd article . . ' ' ' i /

importhe. Policronicon, the fixth boke, in the twenty-eighth chapter, that Kdgare i.delynge brotlur
'^- ■^''^• to Saint Margarete, was alyve and in Englonde at the time of the deth of Saynt Edwarde,

and longe after ; wherfor' Saint Margarete in the lyfe of the faid Sainte Edwarde, might
haue hadd no title to the corone, though it had been difcLiidable to heires females; wherfor
here noun claymie, or the poHcnion of Saint Edwarde proven noo thing, or makyn eny
euidence tor the right of fuccelhun of women in this Realme, or in any other.

Fcrtejcu.

And here is And as to the fecunde poynte whiche ye faye that the forfaid wryting importeth, that is

dil'proved the r -r i • i j i • i 111 ^ or

fecund poynt ^'' '^X " ^'"^ '°"^*^ ^e uiherytable be woman, than the Kmge of Scottes fliuld haue r'ght

ot the iuine therto ; that mater may be clerely dyfprouede be many reafons, of which oone is this. The

fayd Edmunde Irenefyde was a bafterd goten by Kynge Ethelrede, otherwyfe called Ai elr ;de,

vppon his concupyne called Algeua doughter to oone Egelbrede, longe tyme be fore tnat the

faid Ethelrede was wedded to Emma doughter of Richard Duke of Normandy, by whom

lie hadd iflue Saynte Edwarde the Confelfour ; as it clerely apperith al fo well bv the

Cronicles wryten by Petrus Piflauenfis,' and by frere NiclioU Tryvet, whiche I haue fec*i and

rade fy then I come into the londe, as by other Cronicles of which I am late enformed and

hope to fe thayme ayene within a fewe days. Wherfore the children diicendid of the faid

Edmunde Irenfyde may not by any lawe inherete the Roialme of Englond or eny other

lande as heires to the faid Ethelrede, or to any of his Auncellries. And though he liadd

bene mulier,' as he was not, yet the Kynge of Scottes may not clay me this roialme by reafon

of him, as it flTalle clerely appere by the reafons that folowen.



f. 314 b-



' Tlie two Ilarltian MSS., as well as the Lambeth atid the Ilolkham MSS,, read here, bet .etn the word
" wherfor " and the words " might have hadd," " Haini Ednarde in the life of the /aid lidgare." Such a reading,
however, is hardly applicable to the red of the fentence.

^ An Englifli Chancellor ; he died about a. d. 1200. For his works fee Watt'^ Hibliotheca Brilanuica.

^ i. e. leL'itimate.



iipo?i Cej'tavn W^ry tinges. 527

h'ortejcii.
Fyrfti; it was fo, that after many batcls haddc bctwcue kinge Knoglit and Kdinunde iiuw VA-
Irenfyde, thay accorded to determyn ther werre by a finu;uler bav'tale called duellum, of thavm '"""'' ''^''""
felfe. In which batelie when thay wer booth werry, accorde toke betwene thani that this iiii> lan.l 1.
kind fhuld be departed between them bothe for terme of thayre lyues, and lie that overly veJ. "' '' """
fhulde than haue the hole to him, and to his heires euermore. By force of whiche accorde
thay bothe kepte and occupied this londe in common alle the lyfe of the fiyd Edmunde
Irenfide. After whoos dethe kynge Knoght kepte and occupied the fame lande fole as
kinge tharof by force of the fayd accorde, and hadd iflue Harold Harefote, and Plaroldc
Hardknoght, and died peafibly feafed tharof. Aftere whos dethe his faid two fonnes hadd
and enjoyed this lande pcalabely, ooqc after that other, alle the days of thaire lyu :s, and
died with oute ifiue. ^^'hertur this lande was than with outen eny kynge. By which .
occafion thay drove hens alle the Danes, and chofe Saint Edwarde, then beynge in
Normandy with his moders kynne, to be thaire kynge, and than fent for him, and made '

him kynge of Englande ; in which alfate he contynued peafably all the deys of his lyfe.
What ryght than might haue remayned in th'ilTue of Edmonde Ircnfyde, though he had
been mulier, fethen he hadd graunted his Roialme to the Daynes in fee for euermore ; be
force wherof thay kepte and enjoyed it peafibly three generacions, and than lofte it for
defaute of heires ? How than might eny of thiflue ot Edmunde Irenfyde males, or females, |

clayme this londe which the fame Edmunde had youen to the Daynes, which by force I 31^
tharofe, and alfo by conquefl, kepte it peafably into thare tourthe generacion ? SufFylith not
than this mater to exclude and barre the Scottes, yf thay wold clayme this londe by the
heires of Edmonde Irenfide.'' By whom the Daynes have greater colour to clayme it, than
they, and yet they haue no maner of ryght tharto, as it fhall well appere by a matier that j
hereat'ter fliall folovv. Butt yet I fhall fhew fyrfte another mater by which the heires of the ,
faid Edniond beth excludid and barrable to clayme this lond as coufyns to Saint Edwarde '

though he hadd be mulier, which is this.

I

For t eft u. '

The lawe of Englond is fuch, that if a man havinge a brother of halfe blode, be fe.ifed The kconde
of any londe in fee fimple, and dye with out ilTuc, that lond fhall neuer difcende to his liiid ^K" ' n
brother, nor to his ilTue, but it fliall rather elchete to the lorde of whom it is holde, that is il"- luurs o
ftraunge to that blode, and to his heires for evermor. Than fethen Edmond Irenidi-,



though he hadd been mulier, and Saint Edwarde, were brotherne hut of halte blode, that is
to lay, Edmunde was iflue to the torfayd Alyione, and Saynt F.dwarde was ifilie to I'.nima
doughter to the Duke of Normandy, the faid Edmonde, nor eny of his iiriic might neiicr
fuccede, nor bee heire to Saynte Edward. Which mater he well confideryng, and that he



Ir. nlydc



..,..,.,..11



5-28



The Declm'ac'wn



f. 3'5L>.



hadd none other kynne which ought to enherete liis roiahne after him, vvillyd that William
Duke of Norniand.y his next cofyniie in his nioders fide, might riic.cci.lc him in his Roialmc
ot iMiglondc. Whcruiito 1 larold fonne of Krle Godwyn, and the g cttcftc lord of Englondi ,
and alfo the more parte of all the lordis fpirituck and tcmporalx of this londe, were welle
aggreyd, and promyttcd that it ilialbe fo. And the fame Marolde made lyke promys in
Normandy to the Duke him felfe, bur yet after the dethe of Saint Edwarde he abated, and
ocupyed this Roiahne hym fclfe as kynge therof For which caufe the fiid Due of
Normandye come ouer with a greete hoolle and conquered this londe. Buth not all the
heires of Edmonde Irenlyde, though he hadd be muliery,' but yet half a brother of Saynt
Edwarde, barred for evermore by the lavve of Englonde to clayme this Roialme, or any
londe as heire to Saynt Edwarde to whom theire auncellre was brother but of lialf bloode ?



The thyrd
ArguiTiLnt
nKide ayenfi
the fbrdiyd
heyreb.



f. .316.



Fortejcu.

Item it is wrytcn in the boke of Judicum the eleventh Chapitrc, that Jepte fi'mtyme
Jugge, and gouernour of the children of Jfraell, juftyficd their pofTelion in certayn landis
whiche thay hadd goten by conquefte of the children of Amon, by caufe thay hadd k .-pte
and occupyed the fame landes pealably after thaire conqueft by the fpace of three hundred
yere ; how moche more lawfully than may the Kynge our foueraiie lorde, whos poL-eni-
tours and him felfe bond fide haue been peaiably pofieried of this londe more than our
hundred yeres, jurtyfie his poflcllion tharin ayen the forfayd Daynes and Scottes yf thay
wold clayme hit by any title grawen to tha\m by Edmunde Irenfyde, or eny other man be
fore the Conquefte ? And m h'kewyfe a yen the Saxones, I'iomayns, and Brytons, whicli in
olde days haue been lordes here, the pofleiTioun truly of four hundred yeres, excedith gret ely
the title of prefcripcion ufed in eny Roialme of the world. And yet is prefcripcion.oone
of the ftrengeil: titles au6toryzed by any lawe. Is not nowe the forfiyd wrytinge ma|le in
Scottelande concernynge Edmonde Irenfyde thoughe he hadd be mulyer, clerely provetle of
noone efFefte ? And that it maketh noon euydence a yen the Kyng our fouerane lorde,
but that the kynges title by occafion of yt, and by reafon of this declaracion, is more clere,
and fhalbe more openly knowen than it (liukl haue been if that wrytinge hadd neue'r be
made.'' Wherthorow it turneth all to the kings good, though the vtterer tharof men: not
that it fhuld haue cioone foe.



The confyde-
racion which
ledde Kinge
Henry to
make a-
corde with
PVaunce.



Tlie Leriied Man.
Sir, than ftiid this lerned man, ye wrote alfo while ye were in Scottelande tliat Kinge
Henry the Fifth beinge lerned by wyfe and connyng men, that he might not have the



' Muliery, i. e. legitimate.



i^fdi


•n


1,1 >.rIiJ


•,iA




, - ,.•1



upon Ccrtayn IFrytinves. 529

Roialme of Fraiitice by the title of a woman, that is to fainge by the title of qucne Ifabell ''

that was doughter to the kynge of Fraunce, and fyfter to three kinges that reyncd ther after

the deth of hir Fader, lefte for that caiifc that title and clayme; and alfo the ftilc and name

of Kynge of l<'raunce, which he hadd ufed many yeres byfore, and accorded with Charles

the kynge of Fraunce to wedde his doughter Kateryn, and dide foo. And vpon the treaty

of that maryage accorde toke betwcne tlie kynges b)' thalTent and counfell of the more partie

of the Dofeperes,' and three eftates ot that londe, that the laid Kynge Charles fliuld haue

and enjoy peafably the lioialme of Fraunce, with the dignitie, ftile, and name of Kinge of

Fraunce, all the dais of his lyffe ; and after his deceffe the Roialme of b^aunce fhuld rcniayne

and goo to the iayd Kynge Flenry and to his heircs kynges of Englonde for euer more.

And that the fame Kynge Henry (and his heircs) fliiild be Regent of b'raunce, and called t'3i6b.

heres et Regens reg>n Fraiicue all the lyfe of the iayd Kynge Charles. Whiche acconle, and

all thynges conteyned in hit was affermed and made fure as well by the three eftate^ of

Fraunce with th'aflent of the •moolle partie ot the Doufpers, as by a pnrlament holden in

Englonde the ninth yere ot the faid King tlenry. By lorce and caufe of whiclie accorde '

the fame Kynge Henry lefte the name and ftile ot Kynge ot b'raunce in all his wrytings, and

was called Rex Anglia\ lieres et Regens regiii Fra/uLv, in his patentes and wrytings, all

the dais of his lytf; and fo was his fonne called, after him all the lyfe of the faid Kynge

Charles. Atter whos deth the (ame tonne was in Parys crouned Kynge of J'raunce, beynu;e

there prefent the more partie of the lordes of Fraunce that were not at werre with the faid ,

Kynge Charles the day of his dethe ; which lordes all aflented to that coronacion. By

which wrytynge ye entended to prove two thinges ; oon is this, that Kynge Flcm-y the tifte

vnderftode that the Roialme ot b'raunce was not inherytable by the title ot a woman. The

fecunde is that Henry tonne to the faid Kynge Henry hadd right to the J^oialme of

Fraunce by reafoune of that accorde, and not our luuerayne lorde Kynge Edwarde the t

fourth.

T/ie Lerned Man.
Syr, me thinketh that your faid wrytinge may not prove any ot thes fiid two poyntes. 'I'lul.'ii-
For as to the fyrfte poynte, the levinge of Kynge Henry the tifte his title ot the Roialme in'Ctioiu' ot
of Fraunce may not prove it, nor be evidence to the profe of hit; tor he was not next heirc
to the forfaid quene Yfabell, by whom we thoo hadd our title to Fraunce, tor Edmundc, at
that tyme Erie of Marche, was next heire to the laid quene Ifabell ; that is to faynge he \.'as
fonne to Roger, fonne to Phillipp, doughter to Lyonell, tonne to Kynge E,dward the thir le, f. 317
fonne to the forfayd quene Ilabell. For which caufe the faid Roger, fader to Edmond, \,-as
proclaymed heire apparaunt to Kynge Richard in his parlament holden at Wertmynllcr the



poynli- ol
th.it con-
liili r.uion.



' The word is either a contradtioii of Dues et Pairs, or is put lor ilou^c Fa



.i \'



■ ii: ■■■■



5 30 The Declaracio)!

twelfth yere of his reynge. To which Roger, and all fo to Edmonde, the Kynge our
■fouerayne lorde is next htire ; for he is fonne to Richard, foiine to Anne, doughter to th ;
faid Roger, and alfo fuller to the fiid Kdniond late Krle of Marcln. which is dcde with out.-
ifTue of his body. And the forfiyd Kynge Henry the fifte was fonne to Ilenry, fonne cf
Johne, yonger brother of the forfiyd Lyonell. In which cafe he m)'ght not be heire to
quene Ifabell, and by the confecjuens tharof he might not have hadd the Roialme of Fraunce,
alle the while ther wer any iffue of the fiid Lyonell on lyve. By the whiche confideracioun
he lette the name and rtyle of kyng ot Fiaiince, and made the faid treatie, and not by the
confideracioun whiche ye imngyned on your faid wryting; for els he hadd had no colour of
title to that Roialme. And therfor, Syr, me thinketh that now the forfaid fyrfte poynt is
clerlye dyfprovede.

The Leriied Man.

The dit- And as to the fe^onde poynt of the fame confideracioun, ye knowe welle how that the

tliert-onde ^ccorde and title that grew tharby was goten by the coltes, charges, and aventures of this
poynto ofthc loiide fore the good and profytte tharof; which, I wotte welle, hath colle this londe cc . m'.
fydfracion ''' ^"'^ more. And fytlien Kynge Ilenry the fifte is now dede with oute iffue, the title and
right that grewe by that accorde is now holyche, and oonely yn the Kynge our ioiier,.yne
f- 317- lorde, whiche is induby table his next heire mafie. So that now he hath title and right to

the Roialme of Fraunce, as well the title that grewe of that accorde, as by his olde tytle whiche
he and his progenitours, heires to the torfiyd c]uene Ifabell, have long hadd, and which his
forfaid noble auncefire, Fdmond F'rle of Marche hadd before the faid accorde, and at the
tyme of the makynge tharof, and his heires aiway fythen have hadde, as we,l in the lyvi s of
the fayd Kynge Charles, Kynge Henry the fifte, and of his fonne, as fythen, not exeludede
by the forfaid accorde to have and clavme it as next heires to cjuene Ilabelj. So that in
the lyte of faid Flenry fonne to Kynge Ilenry the fifte, the Kynge our Souerayne lorde' hadd
as verely right to the Roialme of h'raunce, and fiiulde have hadd a}en the fame fonne jyf he
hadd been in pofTellion of that Roialme, as he nowe liath ayene kynge Lowys which occu-
pyeth the fame Roialme, and as his noble progenytours have hadd ayene the aunceft|i-es of
the fame Lowys, the forfaid accorde notwithfiondynge. Neuerthelefs his highnes hath now
both titles, that is to faynge his auncient title, aimcellrell, as next heire to quene Yiabell,
and this new title that was gotene by the torfiid accorde. Is not nowe the tjriaid fecunde
poynte as clerely dyfproved as the fyrlle, fo that by the forfayd latter mate, wryten oute
of Scottelande thaire remayneth no more maner of evydence ayene the Kynge lor his title?

Fortefcu.
^l^m^\^\F Syr, ye haue fo clerly declared thefFeftes of the forfaid lalle wrytinges that it now nedith



(v-i : ■:!'



women in

om. s.



■iipo?i Cert ay n IF ry tinges. 531

not more declaracioii made by me;' and I am right gladd to here of youe, and to vndyr- I'ouncdl
rtonde by your faynge how grete nede the councell of the lafte Kynge Henry hadd to wryte ^""(uil^e'l-'
ayene the title of the enherytaunce of women in kyngdoms ; for elb by that title the Kynge *'"" "'
our fouerayne lorde myght haue diftroyd inevitably the title whiche the fayd late Kynge hadd Uyngt'd
in the iJoialme ot iM'aunce by force of the forfayd accorde, as ye haue clerely fhewcd. Alfo C 318.
by that title the Kynge oure fouerayne lorde was vndoutably inherytable to the Roialme of
Knglond by fore the fame Kynge Henry, confyderynge that he is defcended of Lyonell the elder
brother, and the fame Henry was defcended of Johne the yonger brother, as is be fore openly,
declared. O howe good lorde is Godde to the Kynge oure Souerayne lorde that now hathe
yeven him thies bothe titles wherethorow his fubgettes may tight for hym in his title for his
roialme of Fraunce with oute any doute or fcrople of coimfeicnce; f.^r by fyde his auncien
title, that Roialme is now al fo clerely fure to him and to his heires by the fixid accor le, as
all the councell ot bothe Roialmes coude or yet canne make it. ;

The Ler>ied Man.

«

Than fiyd the lerned man, Truly Syr, me thynketh youe well defpofed in all theis maters Here is de-

hiderto, for in all wrytinge made by yourfclf ye haue contcflcd the trouthe and declared the V'""^ '' '''"
J ° J ' J tl irai ion

caufe why ye wrote fo, wherin I cane allignc no defaulte in you. And in thoo thint^rcs that >i_' en he
wer wryten by other men ayenfte youre wylle, ye haue declared the qualites and merytes of j' '^ ' ,
thaym bothe truly and planely, to the Kynge's good and honour, as me thynketh ; tor whiche oiher wryt-
ye be worthy right grete thanke. But yet Syr, ye wrote oute of Scottelande oone matier j^^g^,, ^^^
which nedith Right gret and clere delaracion, for it lownyth gretly ayen the Ivinge's old I'l-i'le.
title to his Roialme of Fraunce ; and fo it dydde when it was wryten ayenfl: his title of this '■ -"^'^ ''•
londe. Whiche matier is this ; Ye wrote that no woman may fuppremely reigne vpon man,
for Gode fiide to the tyrfte woman thife wordes, Ei'is fab potejlate viri, et ipU doininahhur
tui. Which wordes faid to hire, was faid to all the kynd of woman ; as the wordes then '

faid by Gode to the fyrft man wer fayd to all mankynde. And ouer this ye wrote a lioke in , 1
Laten, be whiche ye entendid to proue the fame by many aui5torytes, fcripturcs, and reafons;
wherin yf ye fo declare yourielfe, and the matiei's of that boke, as the Kynge be not liarmed
by theyme, ye than acquyte you well, and do tharin to his highneife right acceptable and
lovynge feruice.

Fortejcu. '

I wolde fayne do as ye move me, God knowyth, and right fory that ever I wrote io, or Korteicue

labored vpon the makyngc of that Laten uoke. But yet the werke to wliiche ye now def 're 'ti',e',k''bri'

me were more conuenyent to another mans pen than to myne ; for I haue wryten fo much elon which



Here the Ilarleiaii MS. breaks oiT.



■..G(ll V.-i

■ /■I ,r;'.",i!;
:1 n-jvav






'x..fl



;iYn,v



532 The Dcclaracion

isdei'jredor thariii to an other entent, as ye know welle, that yf now I do as ye move me, my

hiin wold be i i • n - r i i i i i /-r i • i

to his worke thann wyll lown lo lyke dowbleneire, that m the oppvnyone of the people, and

int.Mni.. namely of fimple men, I may tharhy fall into infame of dowblenelfe ; and yf it be doon

by another man he may haue no hurte be it, but he fliall haue right grete worfliipp
'■ 3'9 yf he do it conyngly. Wherfor I wold be right gladd, and helpe him tharin in alle that I

coude, and honeftely might do. Alfo Syr, fitheii thies maters to whiche ye ftere me, con-
cernen the right of lucccilion in kyngedoms, whiche Is the gretteft matier temporall in all
the worlde, they oughten to be treted and declared by the moolle profounde and gretteft
lerned men that can be goten tharto, and not by men of my fimplenelfe that haue not moche
labored or ftiidyed in any faculte except the lawes of this londe, in which the iludientes lerne
full lytell of the right of fuccefTion of Kyngdomes. And alfo yf any thinge be wryten herein
which may realonably bedifproued, that writinge wher it isdifproued, fhalle for efye and helpe
the oppynyon of all theym that haue wryten to the contrary entent. Wherfore I drede me
fore to wryte herein, knowynge myne inliifFycientie tharto, and that if it be not futficien'e,
men wolle lay that I made it fuche for to ffrenght tharby my rather' wrytynges Et fic
erit nonijfimus error pejor priore. Wherfor me thinketh the Kyng's highneife wolde be nov -d
to comniytte this werke to fuch as beth more able and more prone tharto than 1.

The Lerned Alan.

The wryt- Youre wyfdome, Syr, conceyveth well how fergeauntes and aduocates that been right

now is de- worfhippfull men arguen dayly to prove the titles of thayr clyantes, and after that in a

fyred may \ykt cafe for another claynt thay arguen to the contrary entent, and beth not for that, nor

worfhipijiiill ought to be blaymed. So alfo doone The Jugges in maters of gret difTyculte vvherin th;iy

i; 311) b. beth alfo indifferent, as thay be, for luch diiputacion ys to thayme befte meane to find the

right in euery doubtous cafe. Gracian alfo that compyled the booke of the Lawe Cannijn,

called Decrees, in all his queftyons which he maketh in the cafes whiche he puttith there,

called caufes, difputith for eithir partie of euery queifione. Thus dotli Saynt Thomas' in

Secunda Secunde," and in all his bokes where as he afketh eny quelTiions, and thus doone all

the clarks that determyn eny matirs in fcoles; for this ordre is no doublenefTe, but arguma.t

and proof of conynge and vertue. And fithen your wrytynges whiche ye haue made in

the matiers in the whiche I now move you, were but arguments, and ye no Jugge, but a

parcyall man, leruant to him fur whos fauour ye made the arguments, and his c;iufe is now

expired, and he deed, ye may nowe honefHy and conunendably with oute eny not^ of blame

argue to the contrary entent of that ye haue doo by fore this tyme yf ye iinde rjafcns and

' " Rather" here means earlier, as the comparative of rathe, eaily.
- St. Thomas Aquinas, one oiwliole works is lo named.



upon Ccrtayn JVi'ytbiges. 533

groundes to do fo. And alio ye ben nowe bounde in confcience and by right to do fo, con- '

fyderyng tiiat ye be the Kyngs liege man, and of his counceli, and founde in his noble grace

alfo grete clemence and fauoures as euer dyd man fithen he fyrft reyned vpon vs ; and per-

auentm- yor olde argumentes and wrytynges niowe els turne and be occafion to his harme, or

to the infamie of the title be which he reigneth upon us ; which I am right fure ye wold

not were fo. And Syr, yf ye wryte as I move you to do, and than it fortune your wrytynge

to be not of fuche effede as ye entende, which thinge me thyngketh ye drede gretly, The

Kynge (hall not be harmede tharby ; for his highneire may than make other notable and

connynge men to make better wrytinge tharin ; vvherin thay fhall tynde leffe diffyculte whan

thay haue feen your wrytinges.

Fortejcu. f. 320.

Syr, youre reafons and motyves beth fo gret that yf I do not as }'e move me I dred A woman is
that men fhall holde me felfewylly, and tharfor I wolle alTay and do as ye defyre me. The ^^^,.|. ',,-
matier which ye fay I wrote and is fo gretly ayenft the Kynge is this. I wrote how that me man wlnle
femyd no woman ought ioueranly or fuppremely to reynge vpon man. Which matiers I pre- ,1^^. p^ ^.^
tended to prove by the Juggementes which God gave vpon the firile woman whenne fche
hadd fynned, faynge to here thife words, Eris Jiih putejlate viri, et ip/e doininahitur tui, whiche
been wrytten in the boke of Genefis the thirde chapitre, and beth fuch in Englyllie " Thou
fhalt be viider the power of nian ani.1 he Hiall be thy lorde." Which wordes f[-)oken to that



Online LibraryJohn FortescueThe works of Sir John Fortescue, Knight, Chief Justice of England and Lord Chancellor to King Henry the Sixth (Volume 1) → online text (page 69 of 87)