JAS. CROSSLEY.

PUNISHMENT OF EDWARD PRINCE OF WALES, BY KING EDWARD I., FOR DISRESPECT

TO A JUDGE.

MR. FOSS has lately shown, in his valuable lives of _The Judges of

England_, that historical accuracy has been sacrificed in representing

Henry V., on his accession, to have re-invested Sir William Gascoigne

with "the balance and the sword." Lord Campbell, warned that

chroniclers, historians, moralists, and poets had, without historical

warrant, taken for true the story which Shakspeare has made so familiar

to us, has, in his _Lives of the Chief Justices_, examined the evidence

for attributing to the young king the act of magnanimity, and has

affirmed (vol. i. p. 131.) not only that Sir William committed the

prince, but that he actually filled the office of Chief Justice under

him when he became Henry V. The noble and learned lord has been at some

pains to authenticate the story of the commital of the prince, and has

shown that there is no sufficient reason for disbelieving that the

dauntless judge did make "princely power submit" to justice; and he has

brought forward also the probable sources of Shakspeare's information.

But these are silent as to the reinstatement of the illustrious judge;

and MR. FOSS has established that the young king lost no time in

dispensing with the "well-practised wise directions" of Sir William

Gascoigne. One is really sorry to be obliged to relinquish belief in the

historical foundation of the scene to which Shakspeare has given such

fine dramatic effect in his noble lines. My object, however, in now

writing is to point out a circumstance in some respects parallel, which

occurred in the reign of Edward I. In looking thorough the _Abbreviatio

Placitorum_ to-day, I find the record of a judgment in Michaelmas Term,

33 Edw. I. (1305), in which a curious illustration is given of the

character of that sovereign; for it appears that Edward Prince of Wales

having spoken words insulting to one of the king's ministers (when and

to whom I wish I could ascertain), the monarch himself firmly vindicated

the respect due to the royal dignity in the person of its servants, by

banishing the prince from his house and presence for a considerable

time. This anecdote occurs in the record of a complaint made to the king

in council, by Roger de Hecham (in Madox the name occurs as Hegham or

Heigham), a Baron of the Exchequer, of gross and upbraiding language

having been contemptuously addressed to him by William de Brewes,

because of his judgment in favour of the delinquent's adversary. The

record recites that such contempt and disrespect towards as well the

king's ministers as himself or his courts are very odious to the king,

and proceeds---- but I will give the original:

"Que quidem (videlicet) contemptus et inobediencia tam ministris

ipsius Domini Regi quam sibi ipsi aut cur' suae facta ipsi Regi

valde sunt odiosa, et hoc expresse nuper apparuit idem [Dns] Rex

filium suum primogenitum et carissimum Edwardum Principem Walliae

[p=] eo quod quedam verba grossa et acerba cuidam ministro suo

dixerat ab hospicio suo fere [p=] dimi[d=] ann' amovit, nec ipsum

filium suum in conspectu suo venire [p=]misit quous[q=] dicto

ministro de [=p]dicta transgress' satisfecerat. Et quia sicut

honor et reverencia qui ministris ipsius [Dni] Regi ratione officii

sui fiunt ipsi Regi attribuuntur sic dedecus et contemptus

ministris suis facta eidem [Dno] Regi inferuntur."

And accordingly the said Edward was adjudged to go in full court in

Westminster Hall, and ask pardon of the judge whom he had insulted; and

for the contempt done to the king and his court was then to stand

committed to the Tower, there to remain during the king's pleasure.

(_Abb. Plac._ lib. impres. p. 257.)

Roger de Hegham occurs as a Baron of the Exchequer in 26 Edw. I., and

died 2 Edw. II. (Madox, ii. 58.)

Notes and Queries, Vol. IV, Number 105, November 1, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 31 / 153 题