1414. He refers for his authority to "Patent 1 Hen.

V. m. 33;" but no entry of the kind is found there.]

The reason which then induced the persons who argued on these facts to suppose that Fuller had by mistake adopted the date of the year 1412 instead of 1413 was this:--It was very improbable that the words "Die Dominica" should have been introduced by the copyist, if they were not really on the tomb. Hence it was inferred that he died on a Sunday.

Now December 17th was on a Sunday in the following year, (p. 376) 1413; and, since the date was in Roman letters, it was thought very probable that the last I had been obliterated in MCCCCXIII. The words, indeed, "14th Henry IV," were also quoted by Fuller: but it was unquestionably more credible that those words formed a marginal note in the reporter's ma.n.u.script, and were mere surplusages, than that they should have been allowed a place in the bra.s.s scroll of a monument.

Such was the state of our knowledge, and such was the course of our reasoning as to the time of Gascoyne's decease, till within a very short period of the publication of this work. A doc.u.ment, however, has been very lately brought to light on this subject, which supersedes that statement altogether; setting the whole argument in a new point of view, and reading a plain lesson on the care and circ.u.mspection with which inferences, however plausible, as to dates and facts, should be admitted. In the present instance, indeed, the conclusion to which we had before arrived, on the question of Gascoyne having survived Henry IV, remains una.s.sailable, or rather, is only still further removed from the possibility of historical doubt; and the whole argument on the vast improbability of Prince Henry having ever offered an insult to the Chief Justice, or of his ever having been committed to prison for any offence of the kind, remains at least equally strong as before. Most persons, perhaps, may consider the degree of improbability to have become still greater. Be this (p. 377) as it may, the facts now placed beyond further controversy as to Gascoyne's death are these. In the Registry of the Court of York the last Will and testament of William Gascoyne has been found recorded.

It bears date on the Friday after St. Lucy's Day in the year 1419; and it was proved on the 23rd of December following. In the year 1419, St.

Lucy's Day, December 13, was on a Wednesday. The Will was consequently made on Friday the 15th of December, and was proved on the morrow week, Sat.u.r.day, December 23rd. In the Will, the testator declares that he was weak in body; and the strong probability is that he died on the following Sunday, December 17, 1419.[338] This would accord precisely with Fuller's representation of the scroll on the tomb, "on the Lord's Day, December 17." Whilst the facility of mistaking MCCCCXIX for MCCCCXII, (being the obliteration only of one cross stroke in the last letter,) is even more remarkable than that of the error which on the former supposition was thought probable, from the obliteration of the last letter I in MCCCCXIII.

[Footnote 338: It must be regarded as a very curious coincidence connected with this argument, that the 17th of December should have fallen on a Sunday, both in the year MCCCCXIII, and in MCCCCXIX, but in no other year between 1402 and 1421.]

The Author has had recourse to every means within his reach to a.s.sure himself of the genuineness of this doc.u.ment, and to ascertain (p. 378) that the testator was the William Gascoyne[339] who was Chief Justice of the King's Bench. The result is, that not a shadow of any of the doubts which he once jealously entertained, remains on the subject; whilst he gratefully remembers the prompt and satisfactory a.s.sistance rendered him by the present Registrar of York. The doc.u.ment must be admitted without reserve.

[Footnote 339: The mention in the body of the Will of the names of his former wife, and of his second wife then alive, and the record of the Will of that second wife, who states herself the widow of William Gascoyne, late Chief Justice, preserved in the same register, fix the ident.i.ty of the testator beyond dispute. The Author was first indebted for a knowledge of the existence of this doc.u.ment to the volume called Testamenta Eboracensia, published by the Surtees Society; though he cannot suppress the surprise with which he read the comment of the editors, the chief mistake of which was discovered in time to be rectified in an "erratum" after the work had been printed.]

From these now indisputable facts a thought might perhaps not unnaturally suggest itself to the mind of any one taking only a general view of the whole subject, that some countenance is here given to the prevalent notion that Gascoyne had displeased Henry during the years of his princedom; but that, instead of holding the worthy and intrepid Judge in higher honour, (as tradition tells,) and rewarding him for his n.o.ble bearing, on the contrary, the King resented the insult shown to his person, and dismissed him (contrary to the usual practice) from his high judicial station. A fact,[340] however, (p. 379) new (it is presumed) to history, enables or rather compels us to dismiss such a conjecture from our minds. Whatever was the definite cause of Gascoyne's withdrawal from the bench as Chief Justice of England; whether his declining health, or an inclination for retirement and repose after so long[341] and wearisome a discharge of his arduous duties, or the competency[342] of his fortune, induced him to draw back at length from the turmoils of public life, and (p. 380) pa.s.s his last days among his own friends and relatives in the privacy of a country residence; certainly he carried with him when he left his court, not the resentment and unkindness, but the most friendly feelings and respect of his new sovereign. By warrant, November 28, 1414, (that is, in the very year after his retirement,) the King grants to "our dear and well-beloved William Gascoyne an allowance of four bucks and does out of the forest of Pontefract for the term of his life."

[Footnote 340: For this fact, and many others, as well as for most valuable suggestions, and a.s.sistance of various kinds, the Author is indebted to T. Duffus Hardy, Esq. of the Record Office in the Tower,--a gentleman who, with a mind admirably stored with antiquarian knowledge, possesses also the faculty of applying his stores to the best advantage in the developement of whatever subject he undertakes, and the principle also of employing his knowledge and abilities in the cause of truth.]

[Footnote 341: Gascoyne had been Chief Justice of the King's Bench more than twelve years,--a portion of life considerably beyond the average duration of their office in those high functionaries. Reckoning either from Hanlow, 1258, in the reign of Henry III, or from Gascoyne, in 1401, in the reign of Henry IV, to the present time, the average number of years through which the Chief Justices of the King's Bench have retained their seats is below nine. Through the last century, however, (reckoning from Lord Hardwick's appointment, in 1733, to Lord Tenterden's death, in 1832,) the average has risen to above fourteen years.]

[Footnote 342: He was in a condition to lend the King money when the exigencies of the state pressed him hard. Among other creditors, the Pell Rolls (14th May 1420) record the repayment of a loan to the executors of William Gascoyne, which was within half a year of his death.]

The sum of the whole matter as to the historical representations of Henry's conduct is this:

Before the year 1534, far more than a century after Henry's death, no allusion whatever is made to any occurrence of the kind in any work, printed or ma.n.u.script, now extant and known. Sir Thomas Elyot, who mentions it incidentally as an anecdote, combining the merits "of a good Judge, a good Prince, and a good King," gives no reference to any authority whatever. Subsequently it is reported in detail by Hall, but with much exaggeration on Elyot's narrative. It then not only pa.s.sed current in our histories, but served as a topic of grave import in our Prince of tragedians, and of burlesque in the broad farces of later and perhaps earlier days than his. The biographers of Henry, though they detail in all their minute particulars many circ.u.mstances of his youth, far less important either to his character, or as facts of general and national interest, and who lived, some of them, (p. 381) almost a century nearer the date of the supposed transaction than Elyot, are to a man silent on the subject; not one of them betraying the shadow of suspicion that he was even aware of any rumour or vague tradition of the kind. Such facts as the committal to prison of the heir-apparent, especially such an heir-apparent as Henry (it is presumed), must have been notorious through the metropolis and the whole land, and must have excited a great and general sensation; and yet the Chronicles, though they often surprise us by their minute notice of trifling circ.u.mstances, do not contain the slightest intimation that any such affair as this had ever come to the knowledge of those who kept them. They are silent, and their silence seems natural.[343]

[Footnote 343: By the kind a.s.sistance of those to whom the state of the records of our courts of justice is most familiar, the Author has been enabled to a.s.sure himself satisfactorily that they offer nothing which can throw any light whatever on the question examined in these pages.]

On the whole, most persons will probably believe that either Gascoyne, or Hankford, or Hody would upon such evidence, we do not say merely charge the jury for an acquittal, but would, on perusing the depositions, have previously recommended the grand inquest to return "Not a true Bill." Still every reader has the evidence fairly before him, and must decide for himself!

Should any one be disposed to think that questions of this sort (p. 382) might well be left undecided, and that the settlement of them is not worth the trouble and research often required for their thorough investigation, the Author ventures to suspect that, in the generality of instances, such reflections originate in an inexperience of the vast practical moment which facts, the most trifling in themselves, often carry with them in the investigation of the most important questions. Doubtless, the wise man will exercise his discretion in not confounding great things with small; but, on the contrary, in stamping on every thing its own intrinsic and comparative value. Still, in great things and small, (though each in its own weight and measure,) the truth is ever dear for its own sake, and should be for its own sake pursued. And it must never be forgotten, that one truth, in itself perhaps too minute and insignificant for its worth to be felt in the calculation, when probabilities are being estimated, may be a guiding star to other truths of great value, which, without its leading, might have remained neglected and unknown. In itself, a false statement, though generally acquiesced in, may be unimportant; in its consequences, it may be widely and permanently prejudicial to the cause of truth. If viewed abstractedly, it might appear like a cloud in the horizon not larger than a man's hand; but that speck may be the harbinger of wind and tempest. With regard, indeed, to those natural appearances in the sky, the most experienced observer can do nothing towards arresting the progress of the threatened storm; his (p. 383) foresight can only enable him to provide himself a shelter, or hasten him on his journey, "that the rain stop him not." In the case of literary, physical, moral, religious, and historical subjects of inquiry, (or to whatever department of human knowledge our pursuits may be directed,) by rectifying the minutest error we may check the propagation of mischief, and preserve the truth (it may be some momentous practical truth) in its integrity and brightness.

Connected with the subject of this and the preceding chapter, problems of very difficult solution present themselves, a full and comprehensive elucidation of which would involve questions of deep moral and metaphysical interest with regard to the structure, the cultivation and training, the a.s.sociations and habits of the human mind. Upon the merits of those problems in their various ramifications the Author has no intention to venture; and probably few persons would p.r.o.nounce unhesitatingly how far on the one hand the facts of past ages (const.i.tuting a valuable deposit of especial trust) should be kept religiously distinct from works of fiction; or on the other hand how far the field of history itself is legitimate ground for the imagination in all its excursive ranges to disport upon freely and fearlessly: in a word, how far the practice is justifiable and desirable of bending the realities of historical record to (p. 384) the service of the fancy, and moulding them into the shape best suited to the writer's purpose in developing his plot, perfecting his characters, and exciting a more lively interest in his whole design.

Whatever might be the result of such questions fully enucleated, the Author, with his present views, cannot suffer himself to doubt that society is infinitely a gainer in possessing the historical dramas of Shakspeare, and the historical romances of Walter Scott. Instead of putting the moral and intellectual advantages, the improvement and the pleasure with which such extraordinary men have enriched their country and the world in one scale, and jealously weighing them against the erroneous a.s.sociations which their exhibition of past events has a tendency to impart, a philosophical view of the whole case should seem to encourage us in the full enjoyment of their exquisite treasures; suggesting, however, at the same time, the salutary caution that we should never suffer ourselves to be so influenced by the naturalness and beauty of their poetical creations, as to forego the beneficial exercise of ascertaining from the safest guides the real facts and characters of history.

APPENDIX, No. I. (p. 385)

OWYN GLYNDOWR's ABSENCE FROM THE BATTLE OF SHREWSBURY.

Had Owyn Glyndowr joined the army of Hotspur before Henry IV. had compelled that gallant, but rash and headstrong warrior, to engage in battle, their united forces might have crushed both the King and Henry of Monmouth under their overwhelming charge, and crowned the Percies and Owyn himself with victory; but the reader is reminded that the question for the more satisfactory solution of which an appeal is made to the following original doc.u.ments, is simply this: Did Owyn Glyndowr wilfully absent himself from the fatal battle of Shrewsbury, leaving Hotspur and his host to encounter that struggle alone, or are we compelled to account for the absence of the Welsh chieftain on grounds which imply no compromise of his valour or his good faith?

The first of the series of doc.u.ments from which it is presumed that light is thrown on this subject, is a letter from Richard Kyngeston, Archdeacon of Hereford, addressed to the King, dated Hereford, Sunday, July 8, and therefore 1403,--just thirteen days before the battle of Shrewsbury. It is written in French; but the postscript, added evidently in vast trepidation, and as if under the sudden fear that he had not expressed himself strongly enough, is in English. "His eagerness for the arrival of the King in Wales by forced marches, is expressed with an earnestness which is almost ridiculous."[344]

[Footnote 344: See Ellis.]

"Our most redoubted and sovereign Lord the King, I recommend (p. 386) myself[345] humbly to your highness.... From day to day letters are arriving from Wales, by which you may learn that the whole country is lost unless you go there as quick as possible.

Be pleased to set forth with all your power, and march as well by night as by day, for the salvation of those parts. It will be a great disgrace as well as damage to lose in the beginning of your reign a country which your ancestors gained, and retained so long; for people speak very unfavourably. I send the copy of a letter which came from John Scydmore this morning.... Written in haste, great haste at Hereford, the 8th[346] day of July.

"Your lowly creature, "RICHARD KYNGESTON, "Archdeacon of Hereford.

"And for G.o.d's love, my liege Lord, think on yourself and (p. 387) your estate; or by my troth all is lost else: but, and ye come yourself, all other will follow after. On Friday last Carmarthen town was taken and burnt, and the castle yielden by R Wygmor, and the castle Emlyn is yielden; and slain of the town of Carmarthen more than fifty persons. Written in right great haste on Sunday, and I cry you mercy, and put me in your high grace that I write so shortly; for, by my troth that I owe to you, it is needful."

[Footnote 345: This ecclesiastic was much in the royal confidence. By a commission dated June 16, 1404, he, as Archdeacon of Hereford, is authorized to receive the subsidy in the counties of Hereford, Gloucester, and Warwick, and to dispose of it in the support of men-at-arms and archers to resist the Welsh.[345-a] And sums, three years afterwards, were paid to him out of the exchequer for the maintenance of soldiers _remaining with him_ in the parts of Wales for the safeguard of the same. He seems to have been not only the dispenser of the money, but the captain of the men. The debt, however, had probably been due from the crown for a long time. He was for many years Master of the Wardrobe to Henry IV; and during his time the expences of the court appear to have become more extravagant, and to have led to that remonstrance and interference of the council and parliament, to which reference has been made in the body of this work. Pell Rolls, Issue, 5 May 1407.--Do. Michs.

1409.]

[Footnote 345-a: MS. Donat. 4597.]

[Footnote 346: This letter is the more valuable, because, though the year is not annexed in words, the information that he wrote it on Sunday, July 8, fixes the date to 1403: the next year to which this date would apply being 1408, four years after Kyngeston had ceased to be Archdeacon of Hereford; and far too late for any such apprehension of great mischief from Glyndowr.]

John Skydmore's letter, dated from the castle of Cerreg Cennen, not only fixes Owyn Glyndowr at Carmarthen on Thursday, July the 5th; but acquaints us also with his purpose to proceed thence into Pembrokeshire, whilst his friends had undertaken to reduce the castles of Glamorgan. It is addressed to John Fairford, Receiver of Brecknock.

"Worshipful Sir,--I recommend me to you. And forasmuch as I may not spare no man from this place away from me to certify neither the King, nor my lord the Prince, of the mischief of these countries about, nor no man may pa.s.s by no way hence, I pray you that ye certify them how all Carmarthenshire, Kedwelly, Carnwalthan, and Yskenen be sworn to Owyn yesterday; and he lay [to nyzt was] last night in the castle of Drosselan with Rees ap Griffuth. And there I was, and spake with him upon truce, and prayed of a safe-conduct under his seal to send home my wife and her mother, and their [mayne] company. And he would none grant me. And on this day he is about the town of Carmarthen, and there thinketh to abide till he may have the town and the castle: and his purpose is thence into Pembrokeshire; for he [halt (p. 388) him siker] feels quite sure of all the castles and towns in Kedwelly, Gowerland, and Glamorgan, for the same countries have undertaken the sieges of them till they be won. Wherefore write to Sir Hugh Waterton, and to all that ye suppose will take this matter to heart, that they excite the King hitherwards in all haste to avenge him on some of his false traitors, the which he has overmuch cherished, and rescue the towns and castles in the countries, for I dread full sore there be too few true men in them. I can no more as now: but pray G.o.d help you and us that think to be true. Written at the castle of Carreg Kennen, the fifth day of July.

"Yours, JOHN SKYDMORE."[347]

[Footnote 347: The custody of Carreg Kennen (Karekenny) was granted to John Skydmore, 2 May 1402.]

Two other letters, which internal evidence compels us to a.s.sign to this year,--the first to the 7th of July (two days only after John Skydmore's), the second to the 11th of the same month,--carry on Owyn's proceedings with perfect consistency. They were written by the Constable of Dynevor Castle, and seem to have been addressed to the Receiver of Brecknock, and by him to have been forwarded to the King's council. "The first gives us no exalted notion of the Constable's courage: 'A siege is ordained for the castle I keep, and that is great peril for me. Written in haste and in dread.' The second informs us of the extent of force with which Glyndowr was then moving in his inroads; when threatening the castle of Dynevor, he mustered 8240 (eight thousand and twelve score) spears, such as they were."[348]

[Footnote 348: Ellis.]

The first letter, written on Sat.u.r.day, July 7, ("the Fest of St.

Thomas the Martir,") he seems to have posted off immediately on the news reaching Dynevor that Carmarthen had surrendered to Owyn, (p. 389) without waiting to ascertain the accuracy of the report; for, in his second letter, he tells us that they had not yet resolved whether to burn the town or no.

"Dear Friend,--I do you to wit that Owyn Glyndowr, Henry Don, Rees Duy, Rees ap Gv. ap Llewellyn, Rees Gether, have won the town of Carmarthen, and Wygmer the Constable had yielded the castle to Carmarthen; and have burnt the town, and slain more than fifty men: and they be in purpose to Kedwelly, and a siege is ordained at the castle I keep, and that is great peril for me, and all that be with me; for they have made a vow that they will [al gat] at all events have us dead therein. Wherefore I pray you not to beguile us, but send to us warning shortly whether we may have any help or no; and, if help is not coming, that we have an answer, that we may steal away by night to Brecknock, because we fail victuals and men [and namlich], especially men. Also Jenkyn ap Ll. hath yielden up the castle of Emlyn with free will; and also William Gwyn, and many gentles, are in person with Owyn....

Written at Deynevour, in haste and in dread, in the feast of St.

Thomas the Martyr.[349]

"JENKYN HANARD, "Constable de Dynevour."

[Footnote 349: This letter was probably written on Sat.u.r.day, July 7, 1403,--that is, on the Translation of St. Thomas the Martyr.]

In this letter the Constable says that Owyn's forces were in purpose to Kedwelly: the second letter refers to Owyn's purpose having been altered by the formidable approach of the Baron of Carew towards St.

Clare. This was probably on Monday, July 9, the third day after the surrender of Carmarthen. The Tuesday night he slept at Locharn (Laugharne). Through the Monday, Tuesday, and Wednesday, the (p. 390) little garrison of Dynevor were negociating with him; for he was resolved to win that castle, and to make it his head-quarters. On that Wednesday, the Constable tells us, that Owyn intended, should he come to terms with the Baron of Carew, to return to Carmarthen for his share of the spoil, and to determine on the utter destruction of the town, or its preservation. By a letter sent from the Mayor and burgesses of Caerleon to the Mayor and burgesses of Monmouth,--the propriety of referring which to this very year can scarcely be questioned,--we are informed that the Baron of Carew was not so easily tempted from his allegiance as some other "false traitors" in that district; and that he defeated and put to the sword a division of Owyn Glyndowr's army on the 12th of July,--the very day probably after the date of the Constable's last letter. This fact, when admitted, increases in importance; because it proves that as late, at least, as July 12th, Owyn Glyndowr, though generally successful in that campaign, was not without a formidable enemy there; and therefore by no means at liberty to quit the country at a moment's warning, or to leave his adherents without the protection of his forces and his own presence.

Copy of the second letter from the Constable of Dynevor: