OVER THE LORD CHIEF JUSTICE OF ENGLAND.

There is reason to believe that Sir John Falstaff remained for some

months in the north-west of England, doubtless employed in pursuit of

the scattered remnants of the rebel forces. Some considerable time must

have elapsed from the date of the battle of Shrewsbury to that of his

next appearance in London of which we have any positive record. Sir John

was most favourably received on his return to the metropolis, where

he was more than compensated for the ingratitude of the court by the

hospitable treatment of the citizens, at whose expense he and his

retainers feasted in great profusion for many weeks, solely on the

strength of the glowing accounts received (never mind from what source)

of our knight’s achievements in Shropshire.

But a warrior like Sir John may not long rest on his laurels. A new

enemy had to be faced, arising in an unexpected quarter.

One of the most eminent men of the reign of Henry the Fourth (after

Sir John Falstaff) was William Gascoigne, Knight and Chief Justice of

England. The biography of this wise and excellent judge will be found

in Master Fuller’s work upon English Worthies; a book which would be

irreproachable but for the culpable and glaring omission of a personage

so eminently entitled to prominence in such a collection as the hero of

these pages. The anecdote of Sir William’s courageous committal of the

Prince of Wales for contempt of court--in the celebrated criminal action

of the King _versus_ Bardolph--is too well known to need recapitulation

here. It is true that, bearing as it does on two of the most conspicuous

characters in this narrative, some slight discussion might be

opportunely employed on the occurrence; for instance, as to the nature

of the offence which originally got our rubicund friend “into trouble,”

and what was the real extent of the magnanimity displayed by the Prince,

on the one hand, and the Lord Chief Justice, on the other. It would be

valuable to the cause of historic truth to make quite certain whether

the whole affair was, or was not, what, in the parlance of modern

criminal jurisprudence, is called a “put up concern” between the

two distinguished actors, having for its object a harvest of mutual

popularity. The fact that Bardolph _was at liberty_ in an incredibly

short space of time after the event, lends a slight colour of such

suspicion as I have hinted at to the transaction; but the rights of

the matter are involved in such hopeless obscurity as to render all

investigation on the subject worse than idle.

Though in the enjoyment of much and well-merited court favour, and

public approbation, and being a man of modest integrity, it is still

not unnatural or inexcusable that Sir William Gascoigne should feel

some little jealousy of the more brilliant attainments and more enviable

renown of a warrior, statesman, wit, and scholar like Sir John Falstaff.

The weakness of envy is perhaps the most difficult of all Adam’s legacy

for the best of us to rid ourselves of. History, ancient and modern,

abounds in illustrations of the tenacity of this vice, even in the

noblest natures. Dionysius the elder, and the great Cardinal Richelieu,

though the one an absolute monarch of the fairest island in Greek

colonised Europe, and the other the virtual master of the most warlike

and polished realm of the seventeenth century, were both jealous of the

pettiest scribblers of their respective days. The author of “The

Vicar of Wakefield,” and “The Citizen of the World,” could not see a

mountebank throw a summerset but he must risk the scattering of his

valuable brains in an attempt to do the same thing better. To seek an

illustration nearer our own time, have we not the celebrated little boy

of the United States of America, who, though he had carried away the

prizes for writing and arithmetic, committed suicide because an inferior

mathematician of his own class defeated him in the correct spelling of

“phthisic!”?

Is it then a great wonder that the Lord Chief Justice of England (an

office which, after all, was then of little more importance than that

of a police magistrate of the present day) should have felt envious of a

man so vastly his superior in every way (except in the trifling matters

of solvency and conventional honesty), as Sir John Falstaff, and should

have sought to annoy his brilliant rival by every means in his power; of

which, considering the official position of the one man, and the habits

of the other, there could have been no scarcity?

Amongst other illustrations of what must be called _petty

persecution_--(for, in a work of this serious description, things should

receive their right names without respect to persons)--on the part of

Sir William Gascoigne towards Sir John Falstaff, it may be mentioned

that the former chose to consider the Gadshill expedition as a grave

offence, punishable by the defective criminal code of the period. He

summoned Sir John to appear before him to answer the charge. Sir John

treated the invitation with the contempt it deserved, and went off

to kill Percy--stay, that is a slip of the pen--I should say, to

distinguish himself in the glorious field of Shrewsbury.

It will hardly be supposed that the tidings of Sir John Falstaff’s safe

return from action under a perfect forest of fresh-grown laurels were

particularly agreeable to Sir William Gascoigne. Gall and wormwood, on

the contrary, may be assumed to have been the flavour imparted by them

to the chief judicial mind. At any rate, it is indisputable that his

lordship had not many days heard of our hero’s safe arrival and honoured

treatment in London when he took a walk, attended only by a single

follower, for the express purpose of taking Sir John Falstaff into

custody. There is but one consideration which makes such a proceeding

_wholly inexcusable_--namely, that the Justice should have nursed

his vindictiveness for a period of so many months. This, it must be

admitted, argues a relentless and unforgiving nature.

The Chief Justice was an artful man, as will be believed from his having

risen to high rank in the legal profession. He thought it prudent to

veil his malignant design even from his attendant.

“What’s he that goes there?” He enquired, breaking off a general

conversation to point towards a stout gentleman whom he saw walking

leisurely down the street followed by a diminutive page.

“Falstaff, an’t please your Lordship.”

His Lordship affected absence of mind.

“He that was in question for the robbery?”

_The_ robbery! You observe, reader? There was but one robbery present

to his Lordship’s mind, and that one committed possibly more than a

twelvemonth back.

“He, my Lord: but he hath since done good service at Shrewsbury; and, as

I hear, is now going with some charge to the Lord John of Lancaster.”

“What, to York?”

The countenance of his worship fell considerably. These tidings were

baffling to his hopes of vengeance. Sir John Falstaff was once more in

the king’s commission, and consequently not liable to arrest. Still Sir

William was loth to let his prey slip wholly away from him.

“Call him back,” he said to his servant.

There was some difficulty in getting the knight to arrest his course.

In the first place, he was afflicted with a sudden deafness. This

temporary obstacle overcome, he showed an obtuseness of understanding

as to what was said to him that was really surprising in a man of his

intellectual antecedents. At length the Justice attacked him personally,

with--

“Sir John Falstaff, a word with you.”

The Chief Justice had his wish--rather more than his wish, in fact. Sir

John Falstaffs manner of gratifying it shall be given in the exact words

of the chronicler *:--

* “Henry IV” (Part II.) Act I. Sc. 2.

Sir John Falstaff.--My good lord! God give your lordship good time of

day. I am glad to see your lordship abroad; I heard say your lordship

was sick: I hope your lordship goes abroad by advice. Your lordship,

though not clean past your youth, hath yet some smack of age in you,

some relish of the saltness of time; and I most humbly beseech your

lordship, to have a reverend care of your health.

Chief Justice.--Sir John, I sent for you before your expedition to

Shrewsbury.

Sik John Falstaff.--An’t please your lordship, I hear his majesty is

returned with some discomfort from Wales.

Chief Justice.--I talk not of his majesty:--You would not come when I

sent for you.

Sir John Falstaff__And I hear, moreover, his highness is fallen into

this same villainous apoplexy.

Chief Justice.--Well, heaven mend him! I pray you, let me speak with

you.

Sib John Falstaff.--This apoplexy is, as I take it, a kind of lethargy,

an’t please your lordship; a kind of sleeping in the blood, a rascally

tingling.

Chief Justice.--What tell you me of it? be it as it is.

Sir John Falstaff.--It hath its original from much grief; from study,

and perturbation of the brain: I have read the cause of his effects in

Galen: it is a kind of deafness.

Chief Justice.--I think you are fallen into the disease; for you hear

not what I say to you.

Sir John Falstaff.--Very well, my lord, very well: rather, an’t please

you, it is the disease of not listening, the malady of not marking, that

I am troubled withal.

Chief Justice.--To punish you by the heels would amend the attention of

your ears; and I care not, if I do become your physician.

Sir John Falstaff.--I am as poor as Job, my lord, but not so patient;

your lordship may minister the potion of imprisonment to me, in

respect of poverty; but how I should be your patient to follow your

prescriptions, the wise may make some dram of a scruple, or, indeed, a

scruple itself.

Chief Justice.--I sent for you, when there were matters against you for

your life, to come speak with me.

Sir John Falstaff.--As I was then advised by my learned counsel in the

laws of this land-service, I did not come.

Chief Justice.--Well, the truth is, Sir John, you live in great infamy.

Sir John Falstaff.--He that buckles him in my belt cannot live in less.

Chief Justice.---Your means are very slender, and your waste great.

Sir John Falstaff.--I would it were otherwise; I would my means were

greater, and my waist slenderer.

Chief Justice.--You have misled the youthful prince.

Sir John Falstaff.--The young prince hath misled me: I am the fellow

with the great belly, and he my dog.

Chief Justice.--Well, I am loath to gall a new-healed wound: your day’s

service at Shrewsbury hath a little gilded over your night’s exploit on

Gads hill: you may thank the unquiet time for your quiet o’er-posting

that action.

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