The Life of King Henry V. Alfred John Church
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as to the King himself and his Court, are exceedingly odious. This was lately manifested when the said King removed his eldest and dearly beloved son, Edward, Prince of Wales, from his house for nearly the space of half-a-year, because he had spoken gross and bitter words to a servant of the King; nor would he suffer him to come into his presence till he had satisfied the aforesaid servant of the King in the matter of his offence.”
There can, I think, be little doubt that we have here the germs of the story which Shakespeare afterwards so effectively used. It has been acutely pointed out that several phrases in Elyot’s narrative have the appearance of having been translated from the Latin; and the theory is that some chronicler compounded the various incidents as they had occurred or were supposed to have occurred, and combined them with the story which is told in the Governour, and which has been immortalised by Shakespeare. It should, perhaps, be added that Gascoigne had shown in a very striking way his independence of spirit. After the suppression of the northern insurrection in 1405, the King directed him to pronounce sentence of death on the two leaders, Richard Scrope, Archbishop of York, and Thomas Mowbray, Earl Marshall, who had been captured and probably tried and condemned by some kind of court-martial. Gascoigne, who was Chief Justice (he had been appointed to the office in November 1400), refused to do so. He declared that as to the Archbishop, neither the King nor any of the King’s subjects could lawfully put him to death; as to the Earl Marshall, he had the right to be tried by his peers. Independence in a judge has always been especially dear to Englishmen. To a monkish historian—and almost all the historians of the time were monks—such independence could not show itself in a more praiseworthy fashion than in asserting the exemption of ecclesiastical persons from the jurisdiction of lay courts. Gascoigne, then, would be a genuine hero, and, as with other genuine heroes, a great amount of myth may well have grown up about his true story.
It only remains to examine the conclusion of the legend, as Shakespeare tells it. The young King is there represented as assuring him of his favour, and promising to continue him in office.
We find him acting as a judge in Hilary term 1413 (January and February). Henry the Fourth died on March 20th. His successor summoned a new Parliament by writ bearing date the 23rd day of that month, and among the persons summoned was William Gascoigne. But on March 29th William Hankford, a puisne judge of the Common Pleas, was appointed to Gascoigne’s office. On July 7th of the same year there is recorded a payment made to him, as late Chief Justice, on account of salary and annuity. It is quite possible that he voluntarily resigned his office. We do not exactly know his age, but he must have been advanced in years. He had been practising as an advocate as early as the year 1374, which may well throw back his birth as far as 1340. In this case he would be seventy-three at Henry’s accession, and seventy-three meant much more then than it does now. He died in 1419. It may be mentioned that in 1414 a royal warrant gave him for life four bucks and four does out of the forest of Pontefract. On the whole, the evidence in the matter has an absolutely neutral effect. It disproves, indeed, anything like a display of magnanimity on Henry’s part; but then there does not seem to have been any occasion for such magnanimity. Gascoigne may have been removed from his office, a common enough practice in the days when such offices were held at the royal pleasure, or he may have resigned. That he was continued in his office by the young King is certainly a fiction. There can be little doubt that the same may be said of the whole story.
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