Sir John Fortescue was born in c.1397 at Holbeton in Devon. He was the second of three sons to the elder John Fortescue who was employed in the service of the Courtenay family. The place of John's education is unknown but by 1420 he was active at Lincoln's Inn, London, and, by 1438, had achieved the position of serjeant-at-law.
Sir John Fortescue and the Lancastrian Regime
By 1442 Fortescue had been promoted to Chief Justice of the King's Bench and quickly became regarded as one of the most reliable Lancastrian supporters. Aside from his judicial work on the home ciricuit and on the council, he performed many extra-judiicla tasks on behalf of the Lancastrian Government. These included being present at the Battle of Towton in 1461, fighting against Edward IV at Ryton and Brancepeth, and writing De Natura Legis Naturae, and other tracts regarding the issue of succession. He also accompnaied Queen Margaret and her son to exile in both Flanders and France. Whilst abroad he completed De Laudibus Legum Angliae and compiled a programme for the restored Lancastrian Government.
Sir John Fortescue and the End of the Lancastrian Regime
Fortescue was instrumental in bringing about an alliance between Queen Margaret and the Earl of Warwick in 1470 which ultimately restored Henry VI to the English throne. However, on the day that he, Queen Margaret and Prince Edward arrived in England, the Earl of Warwick was killed at the Battle of Barnet, and things were set to get worse. Three weeks later the young Prince Edward was slain and Fortescue, along with Queen Margaret, were captured by the Yorkists. Would this be the end for Sir John?
Sir John Fortescue and Edward IV
Contrary to popular expectations, Edward IV did not execute Fortescue. Instead he had him write a refutation of his earlier attacks on the Yorkist claim to the throne and Fortescue was then pardoned and reinstated as royal councillor. In addition, his properties in Gloucestershire, Herefordshire and Wiltshire were duly returned. He went on to live six more years, dying in December of 1479.
The Political Influence of Sir John Fortescue
That Edward valued Fortescue's writing over execution is testament to his political influence in England. He was a master of common-law, fluent in French and Latin and had a wide knowledge of other medieval scholars, both past and present. He wrote 10 Lancastrian propaganda tracts and several genealogies.
Writings On Government
Fortescue is best known for his works on government, the most famous being On The Governance of England, also known as, The Difference Between an Absolute and a Limited Monarchy, written for Edward IV. As well as answering contemporary problems, Fortescue discussed the nature of political authority and the importance of justice.
Fortescue may not be the most well-known figure from the Wars of the Roses, but his political importance in that dynastic conflict and to his contemporaries must not be underestimated.
References:
E. W. Ives, 'Sir John Fortescue (c. 1397-1479)', Oxford Dictionary of National Biography, Oxford University Press, Sept. 2004.
The Influence of the Writings of Sir John Fortescue
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