John Fortescue Aland, 1st Baron Fortescue of Credan
Encyclopedia
John Fortescue Aland, 1st Baron Fortescue of Credan (7 March 1670–19 December 1746) was an English lawyer, politician and judge. He was also a writer on English legal and constitutional history, said to have influenced Thomas Jefferson
.
in 1695 and joined the Inner Temple
.
in 1718, and justice of the Court of King's Bench, 1728 to 1746. He was removed as a judge on the accession of George II, in 1727. This was the last occasion on which a judge failed to have his patent renewed on an accession. He was re-instated as a judge the following year. He succeeded his father-in-law Sir John Pratt
as Member of Parliament
for Midhurst
in 1715, resigning in 1716. In 1746 he was raised to the Peerage of Ireland
as Baron Fortescue of Credan, in the County of Waterford.
by Sir John Fortescue. His own comments were in an extended preface. (The work was re-edited in 1885 as The Governance of England, by Charles Plummer
.) This is claimed as the earliest work in English on constitutional history.
Jefferson read this book (in its 1719 edition), and its recommendation of Anglo-Saxon
for common lawyers, when he was studying under George Wythe
. Later, in 1814, Jefferson mentioned Fortescue Aland with approval of his learning, writing to Thomas Cooper
. But he did not accept the way Fortescue Aland left the relationship of church law (in particular the Ten Commandments
) to English common law an open question, preferring the analysis of David Houard.
. He died in December 1746, aged 76, and was succeeded in the barony by his son, Dormer.
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
.
Background and education
Fortescue Aland was the son of Edmund Fortescue. He was called to the BarCall to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
in 1695 and joined the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
.
Legal, judicial and political career
Fortescue Aland was Solicitor-General, first to the Prince of Wales in 1714, and to then to his father George I in 1715. He became a Baron of the Exchequer, in 1717-8. He was justice of the Court of Common PleasCourt of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
in 1718, and justice of the Court of King's Bench, 1728 to 1746. He was removed as a judge on the accession of George II, in 1727. This was the last occasion on which a judge failed to have his patent renewed on an accession. He was re-instated as a judge the following year. He succeeded his father-in-law Sir John Pratt
John Pratt (judge)
Sir John Pratt was an English judge and politician.Pratt was Lord Chief Justice of England from May 15, 1718 until March 2, 1725. He was appointed as an interim Chancellor of the Exchequer on February 2, 1721, until April 3, 1721....
as Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Midhurst
Midhurst (UK Parliament constituency)
Midhurst was a parliamentary borough in Sussex, which elected two Members of Parliament to the House of Commons from 1311 until 1832, and then one member from 1832 until 1885, when the constituency was abolished...
in 1715, resigning in 1716. In 1746 he was raised to the Peerage of Ireland
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
as Baron Fortescue of Credan, in the County of Waterford.
Works
He produced an edition in 1714 as The difference between an absolute and limited monarchy of a work in English, from a manuscript in the Bodleian LibraryBodleian Library
The Bodleian Library , the main research library of the University of Oxford, is one of the oldest libraries in Europe, and in Britain is second in size only to the British Library...
by Sir John Fortescue. His own comments were in an extended preface. (The work was re-edited in 1885 as The Governance of England, by Charles Plummer
Charles Plummer
Charles Plummer was an English historian, best known for editing Sir John Fortescue's The Governance of England, and for coining the term 'bastard feudalism'....
.) This is claimed as the earliest work in English on constitutional history.
Jefferson read this book (in its 1719 edition), and its recommendation of Anglo-Saxon
Anglo-Saxon
Anglo-Saxon may refer to:* Anglo-Saxons, a group that invaded Britain** Old English, their language** Anglo-Saxon England, their history, one of various ships* White Anglo-Saxon Protestant, an ethnicity* Anglo-Saxon economy, modern macroeconomic term...
for common lawyers, when he was studying under George Wythe
George Wythe
George Wythe was an American lawyer, a judge, a prominent law professor and "Virginia's foremost classical scholar." He was a teacher and mentor of Thomas Jefferson. Wythe's signature is positioned at the head of the list of seven Virginia signatories on the United States Declaration of Independence...
. Later, in 1814, Jefferson mentioned Fortescue Aland with approval of his learning, writing to Thomas Cooper
Thomas Cooper (US politician)
Thomas Cooper was an Anglo-American economist, college president and political philosopher. Cooper was described by Thomas Jefferson as "one of the ablest men in America" and by John Adams as "a learned ingenious scientific and talented madcap." Dumas Malone stated that "modern scientific...
. But he did not accept the way Fortescue Aland left the relationship of church law (in particular the Ten Commandments
Ten Commandments
The Ten Commandments, also known as the Decalogue , are a set of biblical principles relating to ethics and worship, which play a fundamental role in Judaism and most forms of Christianity. They include instructions to worship only God and to keep the Sabbath, and prohibitions against idolatry,...
) to English common law an open question, preferring the analysis of David Houard.
Family
Lord Fortescue of Credan married Grace Pratt, daughter of Sir John PrattJohn Pratt (judge)
Sir John Pratt was an English judge and politician.Pratt was Lord Chief Justice of England from May 15, 1718 until March 2, 1725. He was appointed as an interim Chancellor of the Exchequer on February 2, 1721, until April 3, 1721....
. He died in December 1746, aged 76, and was succeeded in the barony by his son, Dormer.