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. [(back)]
Footnote 328: The Chronicle of London, twice within a very brief space, 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." [(back)]
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 substitution 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 substituted buffoon in his place.—Church History, iv. 38." [(back)]
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.] [(back)]
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 bloody assassinations, 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. [(back)]
Footnote 332: In a manuscript, 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. [(back)]
Footnote 333: Or even if he died, as some say, on St. Sylvester's Day, (December 30,) 1409. [(back)]
Footnote 334: Pat. 2 Henry IV. p. 1. m. 28. [(back)]