He also stated a moral principle that remains, to this day, basic to the Anglo-American jury system: It is better that the guilty escape than that the innocent be punished.
Fortescue became chief justice of the King’s Bench in 1442 and was knighted the following year. After the defeat of Henry VI’s Lancastrian army at Towton, Yorkshire in 1461, he fled with Henry to Scotland, where Fortescue was appointed lord chancellor of the exiled government.
From 1463 to 1471 he lived in France at the court of Henry’s queen, Margaret of Anjou, where he helped to educate Prince Edward to rule England in the event of a Lancastrian restoration.
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