The Difference between an Absolute and a Limited Monarchy

John Fortescuc the Chief Justice afterwards wrote a treatiseon thc subject, the judges were not now prepared to answer l.'But it is vcry curious that the short tract now first printed2in its entirety from the thirty-fifth volume of the Yelvertonmanuscripts, is placed in that volume after 'The title andclayme of the crowne by Richard duc of York"' and isentitled 'The replication made agenste the title and claymeby the Duc of Yorke to the Crownes and Reaumes ofEngland and Fraunce.' The contents of the tract sufficientlysllo~v that it was written at a later period, especially theaffecting allusion nears the beginning to the author himselfas 'the olde knighte exiled.' Still the fact that the tractis so placed, and so entitled, may perhaps be taken asindicating that Fortescue wished it to be regarded asembodying the reply which he would have made, if hehad becn able to open his mouth on that occasion.Was For- Thc fact however that there is no record of Fortescue'stescue presentin having presided in the Court of King's Bench after Easterparliament Term 1460 raises the question whether he may not havcof r 460 ?withdrawn with Margaret of Anjou to Wales and theNorth5 after the battle of Northampton ; in ~vhich casenoted that Fortescue is not herementioned as the spokesman ofthe judges, as is generally the casewhen the judges are consulted intheir corporate capacity either byParliament or the Council. Itcannot therefore be positivelyaffirlned that he nras present onthe occasion. He was lio\\~evercertainly summoned to this Parlia-~nent ; Lords' Report, U. S., p.946. And the assertion of thejudges that ' the mater nasso high,and touched the I