William Gascoigne
Encyclopedia
Sir William Gascoigne Kt. (c. 1350 – December 17, 1419) was Chief Justice
of England
during the reign of King
Henry IV
. Sir William Gascoigne was born in Gawthorpe
W-Riding, Yorks. In 1369, William married Elizabeth de Mowbray
(1350-1396). Children: Sir William Gascoigne Knight was born 1370 and died 28 Mar 1422.
His reputation is that of a great lawyer who in times of doubt and danger asserted the principle that the head of state
is subject to law, and that the traditional practice of public officers, or the expressed voice of the nation in parliament
, and not the will of the monarch
or any part of the legislature
, must guide the tribunals of the country.
He was a descendant of an ancient Yorkshire
family. Though he is said to have studied at the University of Cambridge
his name is not found in any university or college records. It appears from the year-books that he practised as an advocate in the reigns of Edward III
and Richard II
. When Henry of Lancaster was banished by Richard II, Gascoigne was appointed one of his attorneys, and soon after Henry's accession to the throne was made chief justice of the court of King's Bench. After the suppression of the rising in the north in 1405, Henry eagerly pressed the chief justice to pronounce sentence upon Lord Scrope
, the Archbishop of York
, and the Earl Marshal
Thomas Mowbray, who had been implicated in the revolt. This he absolutely refused to do, asserting the right of the prisoners to be tried by their peers. Although both were later executed, the chief justice had no part in this. It has been doubted whether Gascoigne could have displayed such independence of action without prompt punishment or removal from office.
The popular tale of his committing the Prince of Wales (the future Henry V) to prison must also be regarded as unauthentic, though it is both picturesque and characteristic. It is said that the judge had directed the punishment of one of the prince's riotous companions, and the prince, who was present and enraged at the sentence, struck or grossly insulted the judge. Gascoigne immediately committed him to prison, and gave the prince a dressing-down that caused him to acknowledge the justice of the sentence. The king is said to have approved of the act, but it appears that Gascoigne was removed from his post or resigned soon after the accession of Henry V
. He died in 1419, and was buried in All Saints' Church
, the parish church of Harewood
in Yorkshire
. (This even attracted gazetteers in the 19th century, suggesting his tomb amongst places worthy of visit..) Some biographies of the judge have stated that he died in 1412, but this is disproved by Edward Foss
in his Lives of the Judges
. Although it is clear that Gascoigne did not hold office long under Henry V
, it is not impossible that the scene in the fifth act of Shakespeare's
Henry IV, Part 2
, (in which Henry V is crowned king, and assures Gascoigne that he shall continue to hold his post), could have some historical basis, and that the judge's resignation shortly thereafter was voluntary.
, the daughter of Henry Percy, 3rd Earl of Northumberland
and Eleanor de Poynings, Baroness de Poynings. They had a daughter Agnes (or Anne} Gascoigne
, who in turn became the wife of Sir Thomas Fairfax
, the ancestors of Catherine, Duchess of Cambridge.
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
during the reign of King
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
Henry IV
Henry IV of England
Henry IV was King of England and Lord of Ireland . He was the ninth King of England of the House of Plantagenet and also asserted his grandfather's claim to the title King of France. He was born at Bolingbroke Castle in Lincolnshire, hence his other name, Henry Bolingbroke...
. Sir William Gascoigne was born in Gawthorpe
Gawthorpe, Wakefield
Gawthorpe is a village to the north of Ossett in the City of Wakefield, West Yorkshire, England. It is roughly midway between Wakefield and Dewsbury north of the A638....
W-Riding, Yorks. In 1369, William married Elizabeth de Mowbray
Mowbray
Mowbray is an Anglo-Norman baronial house, derived from Montbrai in Normandy. From this village came Geoffrey de Montbrai who came to be Bishop of Coutances and accompanied Duke William of Normandy at the Conquest of England in 1066....
(1350-1396). Children: Sir William Gascoigne Knight was born 1370 and died 28 Mar 1422.
His reputation is that of a great lawyer who in times of doubt and danger asserted the principle that the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
is subject to law, and that the traditional practice of public officers, or the expressed voice of the nation in parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, and not the will of the monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
or any part of the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, must guide the tribunals of the country.
He was a descendant of an ancient Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
family. Though he is said to have studied at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
his name is not found in any university or college records. It appears from the year-books that he practised as an advocate in the reigns of Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
and Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
. When Henry of Lancaster was banished by Richard II, Gascoigne was appointed one of his attorneys, and soon after Henry's accession to the throne was made chief justice of the court of King's Bench. After the suppression of the rising in the north in 1405, Henry eagerly pressed the chief justice to pronounce sentence upon Lord Scrope
Richard le Scrope
Richard le Scrope was Bishop of Lichfield then Archbishop of York.Scrope earned a Doctorate in canon law. He was provided to the see of Coventry and Lichfield on 18 August 1386, and consecrated on 19 August 1386. He was given the temporalities of the see on 15 November 1386. He was consecrated at...
, the Archbishop of York
Archbishop of York
The Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. He is the diocesan bishop of the Diocese of York and metropolitan of the Province of York, which covers the northern portion of England as well as the Isle of Man...
, and the Earl Marshal
Earl Marshal
Earl Marshal is a hereditary royal officeholder and chivalric title under the sovereign of the United Kingdom used in England...
Thomas Mowbray, who had been implicated in the revolt. This he absolutely refused to do, asserting the right of the prisoners to be tried by their peers. Although both were later executed, the chief justice had no part in this. It has been doubted whether Gascoigne could have displayed such independence of action without prompt punishment or removal from office.
The popular tale of his committing the Prince of Wales (the future Henry V) to prison must also be regarded as unauthentic, though it is both picturesque and characteristic. It is said that the judge had directed the punishment of one of the prince's riotous companions, and the prince, who was present and enraged at the sentence, struck or grossly insulted the judge. Gascoigne immediately committed him to prison, and gave the prince a dressing-down that caused him to acknowledge the justice of the sentence. The king is said to have approved of the act, but it appears that Gascoigne was removed from his post or resigned soon after the accession of Henry V
Henry V of England
Henry V was King of England from 1413 until his death at the age of 35 in 1422. He was the second monarch belonging to the House of Lancaster....
. He died in 1419, and was buried in All Saints' Church
All Saints' Church, Harewood
All Saints' Church, Harewood is a 15th-century redundant church standing in the park of Harewood House, the seat of the Earls of Harewood, near the village of Harewood, West Yorkshire, England. It has been designated by English Heritage as a Grade I listed building, and is under the care of...
, the parish church of Harewood
Harewood
Harewood is a village and civil parish in the City of Leeds metropolitan borough, West Yorkshire, England. The A61 runs through the village, from Leeds city centre in the south to Harrogate in the north...
in Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
. (This even attracted gazetteers in the 19th century, suggesting his tomb amongst places worthy of visit..) Some biographies of the judge have stated that he died in 1412, but this is disproved by Edward Foss
Edward Foss
Edward Foss was an English lawyer and biographer.He was born in London. He became a solicitor, and on his retirement from practice in 1840, devoted himself to the study of legal antiquities. His Judges of England was regarded as a standard work, characterized by accuracy and extensive research...
in his Lives of the Judges
Biographia Juridica
The Biographica Juridica, subtitled A Biographical Dictionary Of The Judges Of England From The Conquest To The Present Time, 1066-1870, is a lengthy and rigorous review of the major legal minds in British history. It was compiled by Edward Foss, a lawyer and devoted amateur historian who died only...
. Although it is clear that Gascoigne did not hold office long under Henry V
Henry V of England
Henry V was King of England from 1413 until his death at the age of 35 in 1422. He was the second monarch belonging to the House of Lancaster....
, it is not impossible that the scene in the fifth act of Shakespeare's
William Shakespeare
William Shakespeare was an English poet and playwright, widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's national poet and the "Bard of Avon"...
Henry IV, Part 2
Henry IV, Part 2
Henry IV, Part 2 is a history play by William Shakespeare, believed written between 1596 and 1599. It is the third part of a tetralogy, preceded by Richard II and Henry IV, Part 1 and succeeded by Henry V.-Sources:...
, (in which Henry V is crowned king, and assures Gascoigne that he shall continue to hold his post), could have some historical basis, and that the judge's resignation shortly thereafter was voluntary.
Ancestor of Catherine, Duchess of Cambridge
Sir William married Joan Neville. Their son, also Sir William, married Lady Margaret PercyMargaret Percy (1447)
Margaret Gascoigne was an English Noblewoman, the daughter of Henry Percy, 3rd Earl of Northumberland and Eleanor Poynings....
, the daughter of Henry Percy, 3rd Earl of Northumberland
Henry Percy, 3rd Earl of Northumberland
Henry Percy, 3rd Earl of Northumberland was the son of Henry Percy, 2nd Earl of Northumberland and Lady Eleanor Neville, daughter of Ralph Neville, 1st Earl of Westmorland and his second wife Joan Beaufort.-Family:...
and Eleanor de Poynings, Baroness de Poynings. They had a daughter Agnes (or Anne} Gascoigne
Anne Gascoigne
Anne Gascoigne , was the daughter of Sir William Gascoigne and Lady Margaret Percy. Through her mother, she is descended from Edward III...
, who in turn became the wife of Sir Thomas Fairfax
Thomas Fairfax (Gilling)
Sir Thomas Fairfax was an owner of Gilling Castle, near Gilling East, North Yorkshire, England. He is the last known ancestor of both the Duke and Duchess of Cambridge.-Sir Thomas Fairfax :...
, the ancestors of Catherine, Duchess of Cambridge.