"Write to him a goodly tale or two, On which he may disport him at night.

His high prudence hath insight very To judge if it be well made or nay.

Write him nothing that soweneth to vice.

Look if find thou canst any treatise Grounded on his estate's wholesomeness."--Occleve.

"Because he hathe joy and great dainty To _read in books of antiquity_, To find only _virtue to sow_, By example of them; and also to eschew The _cursed vice of sloth and idleness_: So he enjoyed in _virtuous_ business, In all that _longeth to manhood_ He _busyeth_ ever."--Lydgate.]

The battle of Shrewsbury was fought July 21, 1403. The tragedian represents Henry the Prince as at this period in the full career of his unbridled extravagances; his father bewailing his sad degeneracy, himself pleading nothing in excuse, praying for pardon, and promising amendment. It must appear pa.s.sing strange to those who have drawn their estimate of those years of Prince Henry's youth from Shakspeare, to find the real truth to be this. Not only was he not then in London the profligate debauchee, the reckless madcap, the creature of "va.s.sal fear and base inclination," "the nearest and dearest of his father's foes;" not only was he acting valiantly in defence of his father's throne; but that very father's own pen is the instrument to bear chief testimony to his valour and n.o.ble merits at that very hour. It is as though history were designed on set purpose, and by especial commission, to counteract the bewitching fictions of the poet. Henry IV. was on his road to a.s.sist Hotspur and the Earl of Northumberland, in utter ignorance of their rebellion. Arrived at Higham Ferrers, he wrote to his council, informing them that he had received, as well by his son Henry's own letters, as by the report of his messengers, most satisfactory accounts of this very dear and well-beloved son the (p. 355) Prince, which gave him very great pleasure.[324] He then directs them to send the Prince 1000_l._ to enable him to keep his forces together. This letter is dated July 10, 1403, just eleven days before the battle of Shrewsbury. The King heard of Hotspur's rebellion on his arrival at Burton on Trent, from which place he dates his proclamation. Henry of Monmouth was appointed Lieutenant of Wales on the 4th of March 1403; and he was with his men-at-arms and archers there, discharging the duties of a faithful son and valiant young warrior, when Hotspur revolted; and he left his charge in Wales, not to revel in London, but only to join his own to his father's forces, and fight for their kingdom on the field of Shrewsbury.

[Footnote 324: See these facts stated historically in former pages of this volume.]

The extraordinary confusion of place and time, pervading the "Second Part of King Henry IV," is only equalled by the mistaken view which the writer gives of the character of Henry of Monmouth. News of the overthrow of Archbishop Scrope is brought to London on the very day on which Henry IV. sickens and dies; whereas that King was himself in person in the north, and insisted upon the execution of the Archbishop, just eight years before. The Archbishop was beheaded on Whitmonday (June 8) in the year 1405. Henry IV. died March 20, 1413.

And instead of Henry, the Prince, being either at Windsor hunting, or in London "with Poins and other his continual followers," when (p. 356) his father was depressed and perplexed by the rebellion in the north, he was doing his duty well, gallantly, and to the entire satisfaction of his father. We have a letter, dated Berkhemstead, March 13, 1405, written by the King to his council, with a copy of his son Henry's letter announcing the victory over the Welsh rebels at Grosmont in Monmouthshire, which was won on Wednesday the 11th of that month. The King writes with great joy and exultation, bidding his council to convey the glad tidings to the mayor and citizens of London, that "they (he says) may rejoice with us, and join in praises to our Creator."

Thus does history prove that, in every instance of Shakspeare's fascinating representations of Henry of Monmouth's practices, the poet was guided by his imagination, which, working only on the vague tradition of a sudden change for the better in the Prince immediately on his accession, and magnifying that change into something almost miraculous, has drawn a picture which can never be seen without being admired for its life, and boldness, and colouring; but which, as an historical portrait, is not only unlike the original, but misleading and unjust in essential points of character.

It has been said, and perhaps with truth, to what extent soever we may believe Shakspeare to have made "Europe ring from side to side" with the vices and follies, the riots and extravagances, of the (p. 357) young Prince, yet that he had spread his fame and glory far more widely, and excited an incomparably greater interest in his character, than history itself, however full, and however true in recording his merits, could have done. The admirer therefore of the Prince's character, who reflects on Shakspeare, is held to be ungrateful to Henry's best benefactor; and, as far as his influence reaches, tends to check the interest excited for the hero of his choice. But, whilst he recalls with grateful reminiscence the enjoyment which he has often drawn himself freely from the same well-head, the Author, in attempting to distinguish between truth and fiction, would on no account damp the ardour with which his countrymen will still derive pleasure from these scenes of "Nature's child;" and he trusts that, whilst he has supplied solid and substantial ground for Englishmen still retaining Henry of Monmouth in their affections, among their favourite princes and kings, his work has no tendency to close against a single individual those sources of intellectual delight, which will be open wide to all, whilst literature itself shall have a place on earth.

CHAPTER XVI. (p. 358)

STORY OF PRINCE HENRY AND THE CHIEF JUSTICE. -- FIRST FOUND IN THE WORK OF SIR THOMAS ELYOT, PUBLISHED NEARLY A CENTURY AND A HALF SUBSEQUENTLY TO THE SUPPOSED TRANSACTION. -- SIR JOHN HAWKINS HALL -- HUME. -- NO ALLUSION TO THE CIRc.u.mSTANCE IN THE EARLY CHRONICLERS. -- DISPUTE AS TO THE JUDGE. -- VARIOUS CLAIMANTS OF THE DISTINCTION. -- GASCOYNE -- HANKFORD -- HODY -- MARKHAM. -- SOME INTERESTING PARTICULARS WITH REGARD TO GASCOYNE, LATELY DISCOVERED AND VERIFIED.

-- IMPROBABILITY OF THE ENTIRE STORY.

In a little work, not long since published, intended to interest the rising generation in the history of their own country, the preface a.s.signs as the author's reason for not coming down later than the Revolution of 1689, "that, from that period, history becomes too distinct and important to be trifled with." The doctrine involved in the position, which is implied here, _that the previous history of our country may be trifled with_, is so dangerous to the cause of truth, that we may well believe the sentiment to have fallen from the pen of the author unadvisedly. It is, however, unhappily a principle on which too many, in works of far higher stamp and graver moment, (p. 359) have justified themselves in subst.i.tuting their own theories, and hypotheses, and descriptive scenes, for the unbending strictness of fact, thus sapping the foundation of all confidence in history. It is not the poet only, and the fascinating author of historical romances, who have thus "trifled with history;" our annalists and chroniclers, our lawyers and moralists, often, no doubt unwittingly, certainly unscrupulously, have countenanced and aided the same pernicious practice. It is frequently curious and amusing to trace the various successive gradations, beginning with surmise, and proceeding through probability onward to positive a.s.sertion, each writer borrowing from his predecessor; and then in turn, from his own filling-up of the outline, furnishing somewhat more for another, who supplies at length the whole historical portrait, complete in all its form and colouring.

Had the author above referred to not taken to himself practically in the body of his work the indulgence which his lat.i.tudinarian principle recognizes in the preface, he would not have so distorted facts in his "story of Madcap Harry and the Old Judge," for the purpose of making a pretty consistent tale,--consistent with itself, but not with the truth of history,--to amuse children in their earliest days, at the risk of misleading them, and giving them a wrong bias through their lives.

In examining the alleged fact of Henry's violence and insults exhibited in a court of justice, there is much greater (p. 360) difficulty than may generally be supposed, in consequence of the entire silence of all contemporary annalists and chroniclers. Not one word occurs a.s.serting it; no allusion to the circ.u.mstance whatever is found previously to the reign of Henry VIII, nearly a century and a half after Henry V.'s accession. Hume[325] a.s.serts it on the authority of Hall; and Hall has exaggerated the alleged facts most egregiously, and most unjustifiably. Whether the fact took place, and, if it did, what were the time, the place, and the circ.u.mstances, the reader must judge for himself. The present treatise professes only to bring together the evidences on all sides fairly.

[Footnote 325: Hume is no authority on any disputed point. An anecdote, of the accuracy of which the Author has no doubt, throws a strong suspicion on the work of that writer, and marks it as a history on which the student can place no dependence. Hume made application at one of the public offices of State Records for permission to examine its treasures. Not only was leave granted, but every facility was afforded, and the doc.u.ments bearing upon the subject immediately in hand were selected and placed in a room for his exclusive use. He never came. Shortly after his work appeared: and, on one of the officers expressing his surprise and regret that he had not paid his promised visit, Hume said, "I find it far more easy to consult printed works, than to spend my time on ma.n.u.scripts." No wonder Hume's England is a work of no authority.]

It has been already stated that no historian or chronicler, (whose work is now in existence and known,) for nearly one hundred and fifty years, has ever alluded to the transaction. The first writer in (p. 361) whom it is found is Sir Thomas Elliott (or Elyot), who, in a work called The Governour, dedicated to Henry VIII. about the year 1534, thus particularizes the occurrence. Elyot gives no reference to his authority.

"The most renowned Prince, King Henry V. late King of England, during the life of his father, was noted to be fierce and of wanton courage.

It happened that one of his servants, whom he well favoured, was, for felony by him committed, arraigned at the King's Bench. Whereof the Prince being advertised, and incensed by light persons about him, in furious rage came hastily to the bar, where his servant stood as a prisoner, and commanded him to be ungyved and set at liberty: whereat all men were abashed, reserved [except] the Chief Justice, who humbly exhorted the Prince to be contented that his servant might be ordered according to the ancient laws of this realm; or, if he would have him saved from the rigour of the laws, that he should obtain, if he might, from the King his father his gracious pardon, whereby no law or justice should be derogate. With which answer the Prince nothing appeased, but rather more inflamed, endeavoured himself to take away his servant. The Judge, considering the perilous example and inconvenience that might thereby issue, with a valiant spirit and courage commanded the Prince upon his allegiance to leave the prisoner and depart his way. With which commandment the Prince being set (p. 362) all in a fury, all chafed and in a terrible manner came up to the place of judgment, men thinking that he would have slain the Judge, or have done to him some damage; but the Judge, sitting still without moving, declaring the majesty of the King's place of judgment, and with an a.s.sured and bold countenance, had to the Prince these words following: 'Sir, remember yourself: I keep here the place of the King your sovereign lord and father, to whom ye owe double obedience; wherefore eftsoons in his name I charge you desist of your wilfulness and unlawful enterprise, and from henceforth give good example to those which hereafter shall be your proper subjects. And now, for your contempt and disobedience, go you to the prison of the King's Bench, whereunto I commit you; and remain ye there prisoner until the pleasure of the King your father be further known.' With which words being abashed, and also wondering at the marvellous gravity of that worshipful Justice, the n.o.ble Prince laying his weapon apart, doing reverence, departed; and went to the King's Bench, as he was commanded. Whereat his servants disdaining, came and showed the King all the whole affair. Whereat he awhile studying, after as a man all ravished with gladness, holding his hands and eyes up towards heaven abraided, saying with a loud voice, 'O merciful G.o.d, how much am I above other men bound to your infinite goodness, specially that (p. 363) ye have given me a Judge who feareth not to minister justice, and also a son who can suffer semblably, and obey justice!'"

Sir John Hawkins,[326] when he cites this pa.s.sage as evidence of an ebullition of wanton insolence and unrestrained impetuosity, in ill.u.s.tration of the character of Henry, to whom he ascribes the unjustifiable suppression of an act of parliament, lays himself open to blame in more points than one. In the first place, he ought not, as regards the suppression of an act of parliament, to have charged upon Henry, as a self-willed act, what, to say the very least, was equally the act of the whole Privy Council; and then he ought not to have endeavoured to brand him with disgrace on the testimony of a witness who wrote nearly a century and a half after the a.s.serted event.

[Footnote 326: Pleas of the crown.]

Hall, who wrote only at the commencement of the reign of Edward VI, (the first edition of his work having appeared in 1548,) thus states the charge against Henry:

"For imprisonment of one[327] of his wanton mates and unthrifty playfaires, he strake the Chief Justice with his fist on his face; for which offence he was not only committed to streight prison, but also of his father put out of the Privy Council and banished the (p. 364) court, and his brother Thomas Duke of Clarence elected president of the King's counsail, to his great displeasure and open reproach."

[Footnote 327: Shakspeare represents Henry as having given the Chief Justice the blow some time before the expedition against the Archbishop of York.--2 Hen. IV. act i.]

Perhaps it might be argued without unfairness, that the great variation and discrepancy in the traditions respecting this affair in the Prince's life would induce us to believe that, at all events, something of the kind actually took place; that, without some foundation in real fact, so extraordinary a transaction could never have been invented; that, whatever difficulty we may find in filling up the outline, the broad reality of an insolent and violent bearing shown by the Prince to a Judge on the bench ought to be admitted; and that any variation as to the person of the Judge, or the court over which he presided, or the time at which the incident might have taken place, or the degree of insult and personal violence exhibited, is unessential, and proves only the inaccuracy in detail of various accounts, all of which combine, independently of those minute circ.u.mstances, to establish the main point. To this argument it might also be added, that the very circ.u.mstance of an inspection of original doc.u.ments presenting names of real living persons, identically the same with those which Shakspeare has given to the minor heroes of his drama, (such as Bardolf, Pistol, &c.) intimates a knowledge on his part of the transactions of those times which ent.i.tles him to a higher degree of credit, as seeming to imply that he might have had (p. 365) recourse to doc.u.ments which are now lost:

"Sir, Here comes the n.o.bleman who committed the Prince for striking him about BARDOLF."

2 HEN. IV. act. i.

On the other side, it might with equal, perhaps with greater fairness be argued, that this is not one of those cases in which various independent authorities bear separate testimony to one important fact; whilst minor discrepancies as to time and place, and persons and circ.u.mstances, tend only to confirm the testimony, placing the authority above suspicion, and exempting the case from all idea of conspiring witnesses. Such arguments are then only sound when the witnesses are contemporary with the fact, or live soon after its alleged date. But when chroniclers and biographers, who write immediately of the times and of the life of the person charged, recording circ.u.mstances far less important and characteristic, omit all mention whatever of an event which must have been notorious to all,--but of which no trace whatever can be found, nor any allusion directly or indirectly to it is discovered, for more than a century and a quarter after the death of the accused,--the investigator appears to be justified in requiring some auxiliary evidence; at all events, such discrepancies cease to contribute the alleged aid to the establishment of the main fact. When, for example, the Chronicle of London records an affray in East-Cheap between the townsmen and (p. 366) the Princes,[328] mentioning by name Thomas and John, and registers the journeys of John of Gaunt, the execution of Rhys Duy, the Welshman, with unnumbered events, far less important and notorious than must have been the commitment to prison of the heir-apparent of the throne, and on that circ.u.mstance is altogether silent, not having the slightest allusion to anything of the kind; and when those biographers who lived and wrote nearest to the time (such as Elmham, Livius, Otterbourne, Hardyng, Walsingham, all of whom speak more or less strongly of his irregularities and youthful vices, and subsequent reformation,) never allude to any story of the sort, and apparently had no knowledge even of any tradition respecting it; the charge either of partiality or incredulity does not seem to lie at the door of any one who might doubt the reality of the whole. It is not as though the deed were regarded as having fixed an indelible stain on the Prince's memory, and therefore his partial biographers would gladly have buried it in oblivion. Sir Thomas Elyot (and his (p. 367) seems to have been the general opinion) appears to have considered the issue of the transaction as far more redounding to the Prince's honour, than its progress stamped him with disgrace; and he attracts the reader's especial attention to it by a marginal note: "A good Judge, a good Prince, a good King." It is curious to observe the progress of this story. Sir Thomas Elyot, the first in point of time who states it, makes no mention either "of the blow on the Chief Justice's face with his fist," or the removal of the Prince from the council, and the subst.i.tution of his brother. Hall, on whom Hume builds, adds both those facts; and then Hume in his turn proceeds to affirm that his father, during the _latter years_ of his life, had excluded him _from all share in public business_. Had Hume examined the original doc.u.ments for himself, instead of building only upon "printed accounts" of later date by more than a century, he could not have fallen into this error. But a refutation of this mistake, only incidental to our present question, belonged to another part of this work, where it may be found in its chronological order. To the ancillary argument drawn from the names of Henry's supposed reckless companions in Shakspeare occurring in the records of real history, it may be answered, that if that fact proved anything, it proves too much. If, indeed, men of those names were found in Henry's company, as Prince of Wales, either in London, in Wales, or in Calais, and were afterwards lost sight of, or seen only in obscurity and (p. 368) separate from him, that fact might be regarded as confirmatory of the popular tradition. But the reality is otherwise. The names of Pistol and Bardolf[329] are found among those who accompanied the King in his careers of victory in France: and in the very year before Henry's death (a fact hitherto unnoticed by historians) William Bardolf was one of the Barons of the Cinque Ports, and Lieutenant of Calais; a post which he appears to have held for some years with great credit, and enjoying the royal favour and confidence. William Bardolf had been employed ten years before by Henry IV, as one of the commissioners appointed to treat with the Duke of Burgundy.[330]

[Footnote 328: The Chronicle of London, twice within a very brief s.p.a.ce, records such a disturbance as the Chief Justice in Shakspeare is represented to have hastened "to stint;" but in each case, by adding the names of the King's sons, rescues Henry from all share in the affray.

"In this year (the 11th, 1410,) was a fray made in East-Cheap by the King's sons, Thomas and John, with the men of the town."

"This year, (the 12th, 1411,) on St. Peter's even, (June 28,) was a great debate in Bridge Street, between the Lord Thomas's men and the men of London."]

[Footnote 329: The name of John Fastolfe, Esq.

occurs in the muster rolls of Henry on his first expedition to France. But it must be remembered that not Falstaff, but Sir John Oldcastle, was made the buffoon on the stage at first, and continued so for many years, till the offence which it gave led to the subst.i.tution of Falstaff. "Stage poets,"

says Fuller, "have themselves been very bold with, and others very merry at, the memory of Sir John Oldcastle; whom they have fancied a boon companion, a jovial roister, and yet a coward to boot, contrary to the credit of all chronicles, owning him a martial man of merit. The best is, Sir John Falstaff hath relieved the memory of Sir John Oldcastle, and of late is subst.i.tuted buffoon in his place.--Church History, iv. 38."]

[Footnote 330: See Pell Rolls (Issue), 8 Henry V, March 11; 9 Henry V, April 1. See also Acts of Privy Council, vol. ii. pp. 5, 344, &c.]

It is a curious fact, that the magnanimous conduct of the Judge, tending so much to his renown, has induced various families and biographers to challenge the credit of the affair for their (p. 369) friends. No less than four claimants require us to examine their pretensions. Shakspeare and the world at large have consented to give the honour to Gascoyne; whilst the friends of Markham, Hankford, and Hody, have each in their turn disputed the palm with him. Of these four claimants two are reckoned among the "worthies of Devon." With regard to Sir John Hody, "to whom some of our countrymen (says Mr.

Prince) would ascribe the honour," we need only add the sentence with which this antiquary sets aside his claim,--"But this cannot be, for that he was not a judge until thirty years afterwards."

The claims of Hankford to this distinction rest on the authority of Risdon, the Devon antiquary, who began his work in 1605, and did not finish it till 1630. Mr. Prince would add the authority of Baker's Chronicle; but, were Baker's authority of any value, he does not mention the name of the Judge; and, by specifying that the transaction took place at the _King's Bench_ bar, and that the Prince was committed to the _Fleet_, he shows that no dependence is to be placed on his authority. If it took place at the King's Bench bar, the King's Bench prison would have received the royal culprit; and if, as Risdon says, the Judge's sentence was, "I command you, prisoner, to the King's Bench," not Hankford, but Gascoyne, was the Judge. Hankford was not appointed to the King's Bench before March 29th, 1 Henry V, (p. 370) some days after the supposed culprit had ascended the throne.[331]

[Footnote 331: There is so much of fable mingled with the traditionary biography of this "Devonshire worthy," that most persons probably will dismiss the claim altogether. He became weary of his life, and, being determined to rid himself from the direful apprehensions of dangerous approaching evils, he adopted this strange mode of suicide: having given strict orders to his keeper to shoot any person at night who would not stand when challenged, he threw himself into the keeper's way, and was shot dead upon the spot. "This story (says the author) is authenticated by several writers, and the constant tradition of the neighbourhood; and I myself have been shown the rotten stump of an old oak under which he is said to have fallen." But as to the cause which drove him to this rash act the same writers vary, and tradition is strangely diversified. One author says, that "on the deposition of Richard II, who had made him a judge, he was so terrified by the sight of infinite executions and b.l.o.o.d.y a.s.sa.s.sinations, which caused him continual agonies, that, upon apprehension what his own fate might be, he fell into that melancholy which hastened his end." His re-appointment to the office on September 30, 1401, by Henry IV, would have relieved him from these apprehensions. Others say, that, "having committed the Prince to prison in his younger days, he was afraid that, on the sceptre of justice falling into his hands, that royal culprit would take a too severe revenge thereof; and this filled him with such insuperable melancholy, that he was driven to the desperate act of self-murder." But his appointment to succeed Gascoyne as Chief Justice of the King's Bench, March 29, 1413, must have conquered that melancholy; and he discharged that office through the whole of Henry V.'s reign, and through one year of Henry VI, after which he died, December 20, 1422.]

The claim of Judge Markham, it is presumed, is supported only by the testimony of an ancient ma.n.u.script preserved in his family. He was Chief Justice of the Common Pleas from 20 Richard II. to 9 (p. 371) Henry IV.[332] Some colour, however, is given to this claim by the vague tradition that Prince Henry was committed to the Fleet; to which prison alone the Judges of the Common Pleas commit their prisoners.

But if he was the Judge who committed the Prince, and if he died in the 9th of Henry IV,[333] the allegation that the Prince was then dismissed from the council falls to the ground; for at that time, and long after, he seems to have been in the very zenith of his power.

[Footnote 332: In a ma.n.u.script, a copy of which was shown to a gentleman who gave the Author the information, belonging to the Markhams, an ancient family of Nottinghamshire, of about the date of Queen Elizabeth, the honour is claimed for Markham: and in an old play, which turns the whole into broad farce, (probably anterior to Shakspeare,) the Judge is made to commit the Prince to the Fleet.]

[Footnote 333: Or even if he died, as some say, on St. Sylvester's Day, (December 30,) 1409.]

If, then, Prince Henry was ever guilty of the gross insult and violence in a court of justice, and the firm, intrepid Judge, to uphold and vindicate the majesty of the law, committed him to prison for the offence, the probabilities preponderate in favour of Gascoyne having been the individual. But this supposition also is not free from difficulties. He was made Chief Justice of the King's Bench[334] 15th November, 2 Henry IV. (1401.) And of his intrepidity[335] in the discharge of that office, we have already mentioned an especial (p. 372) instance at the death of Archbishop Scrope, if what Clemens Maydestone, a contemporary, says, be true. Henry IV, who had the person of the Archbishop in his power, called upon Gascoyne, who was with him, to pa.s.s on his prisoner the sentence of death; but, at the risk of losing the King's favour and his own appointment, he positively refused, on the ground of its illegality. The Archbishop, however, was condemned to be beheaded by one Fulthorp, (or, as some say, Fulford,) afterwards a judge, as we have stated in its place.

Gascoyne was subsequently sent with Lord Ross, by the council, to the north, as one of those in whom the King was known to have especial confidence, as soon as the news arrived in London of Lord Bardolf's hostile movement; and we find him still continued in the office of Chief Justice, apparently without having incurred the King's displeasure.

[Footnote 334: Pat. 2 Henry IV. p. 1. m. 28.]

[Footnote 335: How far the high esteem in which the memory of Judge Gascoyne has been held may be owing to the tradition concerning Henry of Monmouth, we need not inquire. His name has constantly been held in great honour. Judge Denison, by his own especial desire, was buried close to the grave of Gascoyne.]

No adage is more sound than that which affirms a little learning to be a dangerous thing. More than fifty years ago, the Gentleman's Magazine[336] triumphantly maintained, that, at all events, Shakspeare had deviated from history in bringing Henry V. and Gascoyne (p. 373) together after the Prince's accession, because Gascoyne died in the life-time of Henry IV. This view has generally been acquiesced in, and the powerfully delineated scene of our great dramatist has been p.r.o.nounced altogether the groundless fiction of an event which could not by possibility have transpired. The whole question turns upon the date of Gascoyne's death. He was buried in Harewood Church in Yorkshire; and Fuller gives the following as his monumental inscription: "Gulielmus Gascoyne, Die Dominica, 17 Dec^ris. 1412, 14 H. IV."--"William Gascoyne [died] on Sunday, December 17th, 1412, in the fourteenth year of Henry IV." If this were correct, there would be an end of the question; but the bra.s.s was torn from the tomb during the civil wars, and the copy cannot be verified. The inscription, however, as given by Fuller, is at all events self-contradictory. The 17th of December fell on a Sat.u.r.day, not on a Sunday, in 1412.

[Footnote 336: The Magazine is followed in its erroneous views by subsequent writers.]

The process of the argument, and the accession of new evidence by which we are now at length enabled to set this point at rest, are very curious. The Author, indeed, confesses himself to have been one of those who were induced, by the doc.u.ments then before them, to believe that Judge Gascoyne died on Sunday, December 17, 1413, somewhat more than half a year after Henry V.'s accession; and although the late discovery of the Judge's last Will proves that the argument (p. 374) was then sound only so far as it established the fact that he died after Henry's accession, and was unsound in fixing the period of his death at so early a period as December 1413; yet the statement of that argument may perhaps not be altogether uninteresting, whilst it may suggest a valuable caution as to the jealous vigilance with which circ.u.mstantial evidence should always be sifted before the conclusions built upon it be admitted.

It was then a fact upon record, that Chief Justice Gascoyne was summoned, on the 22nd March 1413, (the very day after Henry's accession,) to attend the parliament in the May following. When the parliament met, Gascoyne's name does not appear among those who were present; whilst Hankford, his successor, is appointed Trier of Pet.i.tions in the room of Gascoyne, and, in the case of a writ of error, brings up as Chief Justice the record from the King's Bench.

Hankford's appointment as Chief Justice bears date March 29th, 1413; and he is summoned to attend parliament as Chief Justice in the December following.[337] In the Pell Rolls a payment is recorded, July 7, 1413, of his half-year's fee to "William Gascoyne, late Chief (p. 375) Justice of Lord Henry the King's father." The inference from these facts was undoubtedly conclusive: first, that Gascoyne's death was erroneously referred to December 1412; secondly, that he was alive and Chief Justice when Henry V. came to the throne; thirdly, that he ceased to be Chief Justice within eight days of Henry's accession, somewhere between March 22, and March 29, 1413. It was merely matter of conjecture whether he was too ill to discharge the duties of his station, and resigned; or what other probable cause of his removal existed. The conversation, at all events, which Shakspeare records, might _possibly_ have taken place; though it is a fact, scarcely reconcilable with it, that Henry V. never did renew Gascoyne's appointment,--a proceeding almost invariably adopted on the demise of a sovereign by his successor. Henry V. might have offered to commit into his hand "the unstained sword that he was wont to bear:"--within eight days after Henry IV. had ceased to breathe, Gascoyne had no longer in his hand the staff of justice.

[Footnote 337: Dugdale is unquestionably mistaken, and the many authors who follow him, in fixing Hankford's appointment to January 29, 1 Hen. V.