The History of the Worthies of England, Part 2 · County 46 · Section 12
Capitall Judges.
Sir WILLIAM GASCOINGE was born at *So am I inform'd by Mr. Richard Gass…oinge one descended from him, an accomplished Antiquary in Record-Heraldrie.Gauthorp in Harwood parish, (in the midway betwixt Leeds and Knaresburgh,) and afterwards was Student of the Law in the Inner Temple in London. Wherein he so profited, that being Knighted, the sixth of King Henry the fourth, he was made Chief Justice of the Kings-bench, November 15. and therein demeaned himself with much integrity, but most eminent for the following passage.
It happened that a *Tho Eliot in his Chron. out of whom our modern Historians have transcribed it.servant of Prince Henry (afterwards the fifth English King of that Christian name) was arraigned before this Judge for fellony, whom the Prince then present endeavoured to take away, coming up in such fury, that the beholders believed he would have stricken the Judge. But he sitting withou… moving, according to the Majesty he represented, committed the Prince prisoner to the Kings-bench, there to remain untill the pleasure of the King his Father were farther known. Who, when he heard thereof by some pickthank Courtier, (who probably expected a contrary return) gave God thanks for his infinite goodness, who at the same instant had given Him a Judge who could minister, and a Son who could obey justice.
I meet in J. *Stows Annals pag. 342.Stow with this Marginall note, William Gascoinge was Chief Justice of the Kings-bench, from the sixth of Henry the fourth, till the third of Henry the fifth: and another *J. Trussell in the continuation of Daniel pag, 92.Historian maketh King Henry the fifth, in the first of his raign, thus expressing himself in relation to that Lord Chief Justice, For which act of Justice I shall ever hold him worthy of the place, and my favour, and wish all my Judges to have the like undaunted courage, to punish offenders of what rank soever. Hence our *W. Sh…kespear in his second part of the life of King Henry the fourth.Comedian (fancy will quickly blow up a drop in History into a bubble in Poetry,) hath founded a long scene on the same subject.
Give me leave for my love to truth to rectifie these mistakes out of authentick records. First, Gascoinge was made Judge not in the sixth, but first of King Henry the fourth, *Original de ipso anno Bundello 2. rot. 52.on the first of November. Secondly, he died December 17. in the fourteenth of King Henry the fourth, so that in a manner, his sitting on the bench ran parallel to the Kings sitting on the throne; This date of his death is fairly written in his stately Monument in Harwood Church.
GU…DO de FAIRFAX. A word of his Surname and Family. Fax and Vex are the same, signifying Hair. Hence Mathew *Flores Historiarum Anno Gratiae 891.Westminster calleth a Comet (which is stella …rinita) a Vexed Star, and this Family had their Name from Beautifull Bushy Hair. I confess I find in*Flo…es Histo…rum A…no G…atiae 099. Florilegus, writing of the Holy War, Primum Bellum Christianorum fuit apud Pontem Pharfax fluminis, The first Battle of the Christians was at the Bridge of the River Pharfax, but cannot concur with them who hence derive the Name of this Family. But where ever it began it hath continued at Walton in this County, more then four hundred and fifty years, for*Faithfully collected out of ev…dences, by that Industrious Antiquary Ro…ert Dodsworth. Nineteen Generations, Charles a Viscount now living being the Twentieth. But to return to Sir Guiao Fairfax Knight, he was bred in the study of the Common Law, made Serjeant thereof, and ever highly favoured the house of York in those Civil distempers. Hence it was that he assumed a White-rose, bearing it in his Coat of Armes on the shoulder of his Black Lyon, (no difference as some may suppose, but) an evidence of his affection to that Family. Yet was he by King Henry the seventh advanced Lord Chief Justice of the Kings-bench, supplying the*Spelmans Glossary verbo Justitiarius. Intervall betwixt Sir William Hussey and Sir John Fineaux. The certain date of his death is to me unknown.
ROGER CHOLMLEY Knight. He is placed in this County with moderate assurance. For his Father (as I am instructed by those of his Family) lived in this County, though branched from Cheshire, and much conversant in London, being Lieutenant of the Tower under King Henry the seventh. By his Will he bequeathed a Legacy to Roger his Naturall Son, then Student of the Laws, the self same with our Roger, as Proportion of time doth evince.
He applyed his studies so effectually, that in the 37. of King Henry the eight in Michaelmas terme, he was made Chief *Id…m ib…dem.Baron of the Exchequer, and in the sixth of Edward the sixth Chief Justice of the Kings-bench.
In the first of Queen Mary July 27. he, with Sir Edward Mountague, Lord Chief Justice of the Common Pleas, was committed to the*Stows Cron. pag. 613. Tower, for drawing up the Testament of King Edward the sixth, wherein his Sisters were dis-inherited. Yet Sir Rogers activity amounted no higher then to a Complyance and a subscription of the same. He afterwards was enlarged but lost his Judges Place, living some years in a private condition.
When William Flower was burnt in Westminster, Sir Hugh being present, (though called by*Acts & Mon. p. 1577. Master Fox but plaine Master Cholmley,) willed him to recant his Heresy, which I impute rather to his Carnall Pity, then Great Affection to Popery.
He built a Free-school of brick at High-gate *Nordens speculum Brit. pag. 22.about the year 1564. the Pension of the Master being uncertain, and the School in the disposition of six Governours, and I believe he survived not long after, and have some ground for my suspicion that he dyed without Issue.
Sir CRISTOPHER WRAY Knight, was born in the spatious Parish of Bedall, the main motive which made his Daughter Frances Countess of Warwick, scatter her Benesactions the thicker in that place. But I have been informed, that his Ancestor by some accident, came out of Cornwell where his Name is right Antient. He was bred in the study of our Municipall Law, and such his proficiency therein, that in the sixteenth of Queen Elizabeth in Michaelmas Term, he was made Lord Chief Justice of the Kings-bench.
He was not like that Judge who feared neither God nor man, but onelyonly one Widow (lest her importunity should weary him,) but he heartily feared God in his Religious Conversation. Each man he respected in his due distance off of the Bench, and no man on it to biass his judgement. He was pro tempore, Lord Privy Seal, and sate Chief in the Court, when Secretary Davison was sentenced in the Star Chamber. Sir Christopher collecting the censures of all the Commissioners, concurred to Fine him, but with this Comfortable conclusion, that, as it was in the Queens power to have him punished; so, Her Highness might be prevailed with for mitigating, or remitting of the Fine, and this our Judge may be presumed no ill instrument in the procuring thereof.
He bountifully reflected on Magdalen-colledge in Cambridge, which infant Foundation had otherwise been starved at nurse for want of maintenance. We know who saith, * the righteous man leaveth an inheritance to his Childrens Children, and the well thriving of his third Generation, may be an evidence of his well-gotten goods. This worthy Judge died May the eighth, in the thirty fourth of Queen Elizabeth.