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30-733: John Fortescue may refer to: Sir John Fortescue (judge) (c. 1394–1479), English lawyer and judge, MP for Tavistock, Totnes, Plympton Erle and Wiltshire Sir John Fortescue of Salden (1531/1533–1607), third Chancellor of the Exchequer of England John Fortescue Aland, 1st Baron Fortescue of Credan (1670–1746), English jurist John Fortescue (MP for Barnstaple) (1819–1859), British MP Sir John Fortescue (historian) (1859–1933), British statesman and military historian John Fortescue (Captain of Meaux) , English landowner and administrator John Inglett-Fortescue [REDACTED] Topics referred to by

60-655: A historical and biographical introduction, was published in 1885 by Charles Plummer 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 ), Of the Title of the House of York , Defensio juris domus Lancastriæ ( Defence of

90-614: A wide range of administrative responsibilities. As president of the Courts of England and Wales, they are responsible for representing the opinions of the judiciary to government, overseeing their welfare and training and allocating work amongst them. With the Lord Chancellor, they are responsible for the handling of complaints against judges through the Judicial Conduct Investigations Office . They are also president of

120-526: Is believed to have been given the nominal title of Chancellor of England 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 . After the defeat of the House of Lancaster , he submitted to Edward IV who reversed his attainder in October 1471. Born about 1397, he

150-449: Is different from Wikidata All article disambiguation pages All disambiguation pages John Fortescue (judge) During the Wars of the Roses , Henry VI was deposed in 1461 by Edward of York, who ascended the throne as Edward IV . Henry and his queen, Margaret of Anjou , later fled to Scotland. Fortescue remained loyal to Henry, and as a result was attainted of treason . He

180-562: 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 , today used as the courtesy title of the eldest son and heir of Earl Fortescue . A painted stone effigy of John Fortescue, wearing his scarlet robes of office with collar of ermine, exists within

210-678: Is the Lord President of the Court of Session , who also holds the post of Lord Justice-General in the High Court of Justiciary . The equivalent in Northern Ireland is the Lord Chief Justice of Northern Ireland , local successor to the Lord Chief Justice of Ireland of the pre- Partition era. Sue Carr, Baroness Carr of Walton-on-the-Hill , has been Lady Chief Justice since October 2023. She

240-785: Is the first female holder of the office. Originally, each of the three high common law courts, the King's Bench , the Court of Common Pleas , and the Court of the Exchequer , had its own chief justice: the Lord Chief Justice, the Chief Justice of the Common Pleas , and the Chief Baron of the Exchequer . The Court of the King's (or Queen's) Bench had existed since 1234. In 1268 the first chief justice of

270-516: Is the head of the judiciary of England and Wales and the president of the courts of England and Wales . Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor , who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of

300-478: The King did not possess the Great Seal of England 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 Edward his celebrated work De laudibus legum Angliæ ( Commendation of

330-442: The King's Bench was appointed. From the time of Edward Coke in the early 17th century, the chief justice became known informally as "lord chief justice". It was only in 1875 that it became the statutory title. The three courts became divisions of the High Court in 1875 (though the head of each court continued in post). Following the deaths of Lord Chief Justice Sir Alexander Cockburn and Chief Baron Sir Fitzroy Kelly in 1880,

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360-583: 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 , 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. By 1423 he

390-546: The Lord Chief Justice the president of the Courts of England and Wales, vesting the office with many of the powers formerly held by the Lord Chancellor. While the Lord Chief Justice retains the role of President of the Criminal Division of the Court of Appeal, the CRA separated the role of President of the King's Bench Division ; the changed chief justice role was first held by Lord Phillips of Worth Matravers . The CRA provides that

420-614: 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

450-1054: The Rights of the House of Lancaster ), 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 . A list of Fortescue's printed works and selected later editions follows: Lord Chief Justice of England and Wales The Lord or Lady Chief Justice of England and Wales

480-593: The Rt Honble. Hugh, 3rd Earl Fortescue , AD 1861". 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

510-568: The United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role. The equivalent in Scotland

540-473: The chief justice is chosen by a specially appointed committee convened by the Judicial Appointments Commission . Upon the announcement of the appointment on 15 June 2023 of Dame Sue Carr, it was highly anticipated that the title would be modified from Lord to Lady, in line with Dame Siobhan Keegan's title change of Lord Chief Justice of Northern Ireland to Lady Chief Justice. This speculation

570-509: 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 Filleigh ) 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

600-459: 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 and the lawyer Christopher St. Germain . De laudibus legum Angliae did not appear in print until about 1543 in

630-683: 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. To this day the John Fortescue Society is joined by students of law at Exeter College, Oxford . 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

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660-452: 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 to Scotland , he is supposed to have appointed Fortescue, who appears to have accompanied him in his flight, Chancellor of England . Fortescue referred to himself in this manner on the title page of De Laudibus Legum Angliae , but as

690-458: The reign of Henry VI , Fortescue was thrice appointed one of the governors of Lincoln's Inn . During the Easter term of 1441 he was made one of the King's Serjeants , and on 25 January in the following year Chief Justice of the King's Bench , 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

720-645: The reign of Henry VIII as Prenobilis militis, cognomento Forescu [sic] , 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 [sic] , who Flourished during the Reign of Henry VI ). It

750-408: The same term This disambiguation page lists articles about people with the same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=John_Fortescue&oldid=1095188250 " Category : Human name disambiguation pages Hidden categories: Short description

780-436: The three divisions were merged into a single division, with Lord Coleridge , the last Chief Justice of Common Pleas, as Lord Chief Justice of England . The suffix "and Wales", now found in statutes and elsewhere, was of a holder's own motion and to reflect centuries-old reality, appended during the tenure of Lord Bingham of Cornhill . He held this office between 1996 and 2000. The Constitutional Reform Act 2005 (CRA) made

810-557: Was further confirmed in news closer to Carr's appointment, on 27 September 2023 that Carr had chosen the title of Lady Chief Justice. When Carr took office she was sworn as Lady Chief Justice, for the first time in the role's history since its inception. The lord chief justice has 400 individual statutory responsibilities specified in the Constitutional Reform Act 2005. While they sit as a judge on important criminal, civil and family cases, including appeal cases, they also have

840-551: Was married to Elizabeth Bright, daughter of Robert Bright from Doddiscombsleigh in Devon , but in 1426 she died without coming into her inheritance and without children. By 1436 he was married to Isabella James, daughter and heiress of John James who held land at Norton St Philip in Somerset as well as in Wiltshire , and they had three known children: The exact date of Fortescue's death

870-516: 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 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

900-485: Was the second son of John Fortescue and his first wife Clarice. His elder brother was Henry Fortescue . The earliest surviving record of the Fortescue family relates to their manor of Whympston in the parish of Modbury , Devon. He was educated at Exeter College, Oxford , favoured by many Devonshire gentry families. He was elected as a Member of Parliament for Tavistock (1421 to 1425), Totnes (1426 and 1432), Plympton Erle (1429) and Wiltshire (1437). During

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