who should assert, that one brother shall not succeed in the father's inheritance to another brother, who is not born of the same mother, but that the inheritance shall rather descend to the sister of the whole blood, or it shall come to the lord of the fee by way of escheat you would be surprised (I say) at this, as not knowing the reason of the law in this particular case. Whereas the seeming difficulty of this case gives no perplexity at all to such as are skilled in the common law of England: which confirms the vulgar saying, "The arts and sciences have no enemy but the unlearned.”

But far be it, my Prince, that you should prove averse, or an enemy to the laws of that country to which you will in time inherit by right of succession, when the above cited text of Scripture instructs you to love righteousness. Wherefore, most noble Prince, permit me again and again to importune and beseech you to inform yourself thoroughly in the laws of your father's kingdom, not only that you may avoid the inconveniencies I have mentioned, but because the mind of man, which has a natural propensity to what is good, and can desire nothing but as it has the appearance of good, as soon as by instruction it comes to a perfect knowledge of that good, it rejoices, takes pleasure therein, and as it improves by reflections, the pleasure grows more and more; from whence you may infer, that when you come to be instructed in those laws, to which you are at present a stranger, you will most certainly affect and love them, because they are excellent in their nature and reason; and the more you know of them, the more will you be entertained and pleased. For what is

a The rule of descent mentioned in the text, "frater fratri uterino non succedet in hæreditate paternâ," is remarkable for being more liberal, than the rule for excluding the half blood, in the present day; and the passage in the text, is noticed upon that account by Blackstone in his commentaries: he says, that it agrees with what is found in the costumier of Normandy.

once loved does by use transform the person into its very nature, according to the philosopher, "Use becomes a second nature." So the cion of a peartree grafted on an apple-stock, after it has taken, draws the apple so much into its nature, that both become a pear-tree, and are called so from the fruit which they produce. So, virtue put in practice grows into a habit, and imparts its very name to those who practice it as we say of one who is indued with modesty, continence or wisdom, that he is modest, continent, wise. So you (my Prince) when you shall have practised justice with delight and pleasure, and have, as it were, transcribed the law, with the rule of justice, into your very habit and disposition, will deservedly obtain the character of a just princea. And, as such, be saluted with those agreeable words of the Psalmist, "Thou lovest righteousness, and hatest wickedness, therefore GOD, thy GOD, shall anoint thee with the oil of gladness above thy fellows," (Ps. xlv. 7.)

a

Sir E. Coke, whose mind was deeply impregnated with the learning of the schools, says, that the King's justices were anciently called Justicia, for that they ought not only to be justi in the concrete, but ipsa justitia in the abstract. (2 Inst. 26.)

CHAP. VI.

AND now, most gracious Prince, are not these arguments, which I have offered, abundantly sufficient to induce you to the study of the law? Since thereby you will acquire a habit of justice, be honoured with the name and character of a just prince; not to say, that you will thereby also avoid the imputation and disgrace which attends ignorance; and moreover you will thereby attain to (that, which all men covet after) happiness, as far as it is attainable in this life; and through that fear of GOD which is the truest wisdom, and that charity or love of GoD which, in the peace and satisfaction of it, passes all understanding, being, as it were, united to the best and greatest Being, the fountain of all happiness and perfection, you will become (to use the Apostle's expression) one spirit with him.

But, because these things (as I said) cannot be wrought in you merely by the law, without the special assistance of divine grace, it is necessary that you implore for that above all things; as also that you search diligently into the knowledge of the divine law, as contained in the Holy Scriptures. For Holy Writ saith, "Vain are all men by nature who are ignorant of God," (Wisd. Solomon xiii. 1.) I advise you, therefore, my Prince, that whilst you are young, and your soul is, as it were a virgin-table, a blank space, you write it full with such things as I have above hinted at, lest afterwards it be

B

more pleasantly, though delusively filled with characters of little or no importance, according to the saying of a certain author:

The vessel its first tincture long retains.

What mechanic is there so inattentive to the advantage of his child, as not to instruct him in his trade while he is young, whereby he may afterwards gain a comfortable subsistence. So the carpenter teaches his son to handle the axe; the smith brings up his at the anvil; a person designed for the sacred office of the ministry is bred, in a liberal way, at school: so it becomes a king to have his son (who is to succeed him) instructed in the laws of his country whilst he is yet young. Which rule, if kings would but observe, the world would be governed with a greater equality of justice, than now it is. And, if you please to follow the advice I give, you will show an example of no small consequence to other princes, persons of the same high rank and distinction with yourself.

a

King Charles the first, on the occasion of his trial, speaks of his being as conversant with the law of this country, as any private gentleman in his dominions. The necessity of the study of the municipal law to a Sovereign, is inculcated in king James's Baσikov dopov. lib. ii. The subject is more fully discussed in Herebaschius's work, de Erudiendis instruendisque Principum liberis. There are some interesting particulars preserved in the Paston Letters, respecting the manner in which the father of the Prince, whom Fortescue is addressing, was brought up. (Vol. III. Articles declaratory of how the Earl of Warwick took charge of Henry the sixth, when a minor.)

CHAP. VII.

THE Chancellor having ended, the Prince began as follows: You have overcome me, good Chancellor, with your agreeable discourse; and have kindled within my breast a more than ordinary thirst after the knowledge of the law. There are two things, nevertheless, which make me fluctuate, so that, like a ship in a storm, I know not which way to direct my course. One is, when I recollect how many years students of the law are taken up, before they arrive at any competent knowledge of it: which discourages me, lest I employ all my younger years in like manner: another thing is, whether to apply myself to the study of the laws of England, or of the Civil Laws, which are so famous throughout the universe for a kingdom ought to be governed by the best of laws, according to the philosopher, nature always covets what is best. Wherefore I would willingly attend what you advise in this matter. To whom the Chancellor: Sir! there is no such mystery in these things, as to require abundance of deliberation; and therefore I shall give you my thoughts upon the matter without keeping you in suspense.