FREE BOOKS

Author's List




PREV.   NEXT  
|<   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28  
29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   >>  
ct, however, that this summons was dated on March 22, 1413, the day following the king's accession, we must see that his Majesty could have had little more time than to command a parliament to be summoned; that the officer who made out the writs would naturally direct them to those peers, judges, and others who were summoned to the preceding parliament; and that the proper title of Gascoigne was Chief Justice until he was actually superseded. This evidence, therefore, is anything but conclusive, and in fact gives very little assistance in deciding the point at issue. It is well known that Sir William Hankford was Gascoigne's successor as Chief Justice of the King's Bench, and the real question is, when he became so. Dugdale states that the date of his patent was January 29, 1414, ten months after King Henry's accession; and if this were so, the presumption would follow that Gascoigne continued Chief Justice till that time. Let us see whether facts support this presumption. Now, Hankford was a Judge of the Common Pleas at the end of the previous reign; but he was omitted when his brethren of that court received their new patents from Henry V., which were not issued till May 2, a day or two before Easter Term. And yet we find the name of Hankford in the Year-book reports of both that and Trinity Term; and we find it, not as acting in the Common Pleas, but as ruling in the King's Bench. Further, although Gascoigne was summoned to the first parliament on March 22, yet on its meeting on May 15, he was not present;--added to which, his usual position, as first named legal trier of petitions, was filled by Sir William Hankford, placed too in precedence of Sir William Thirning, the Chief Justice of the Common Pleas. These facts, so contradictory to Dugdale's date, rendered it necessary to refer to the roll. This, by the kindness of Mr. Duffus Hardy (who certainly can never be called the "streict-laced" gaoler of the records, alluded to in your fourth number, Vol. i., p. 60.), has been inspected; and the result is that the date of Hankford's appointment, instead of being _January_ 29, 1414, as stated by Dugdale, turns out to be _March_ 29, 1413; just eight days after King Henry's accession, and ten days previous to his coronation. The peculiar period chosen for this act, and its precipitancy in contrast with the delay in issuing the new patents to the other judges, tend strongly, I am afraid, to deprive us of the "flatt
PREV.   NEXT  
|<   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28  
29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   >>  



Top keywords:

Hankford

 

Gascoigne

 
Justice
 

parliament

 

Common

 
summoned
 

William

 

Dugdale

 

accession

 
January

presumption

 
previous
 

patents

 

judges

 

acting

 
meeting
 

ruling

 

Further

 

kindness

 

precedence


Thirning
 

petitions

 
Duffus
 

filled

 

position

 

contradictory

 

rendered

 
present
 

number

 

chosen


precipitancy
 
period
 

peculiar

 
coronation
 

contrast

 

afraid

 

deprive

 

strongly

 
issuing
 
stated

gaoler

 

records

 

alluded

 

streict

 
called
 

fourth

 

result

 

appointment

 
inspected
 

superseded