The Copy Book

Up Before the Bench

As a young prince Henry V was ‘fierce and of wanton courage,’ Thomas Elyot tells us, but there was one man with courage to match his.

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1400

King Henry IV 1399-1413 to King Henry V 1413-1422

By an anonymous artist, via Wikimedia Commons. Licence: Public domain.

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Up Before the Bench

By an anonymous artist, via Wikimedia Commons. Licence: Public domain. Source
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King Henry V of England by an anonymous artist, painted in the latter half of the sixteenth century. The story of young prince Henry’s brush with the law told here by Sir Thomas Elyot is treated with suspicion by modern historians because no one had told it before (or at any rate, no one whose writings have survived), nor is there any record of it in the Controlment Rolls of the Kings’s Bench (though under the circumstances Henry may not have been formally charged). It is nonetheless a tale that repays retelling, and which was thought worthy of it by no less than William Shakespeare in Act V of Henry IV Part 2.

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Introduction

Young prince Henry, son of King Henry IV of England, won himself a reputation as an irresponsible tearaway. It was this that led his counterpart in France, the Dauphin, to underestimate him; had the Dauphin heard this tale, first told by Tudor diplomat Sir Thomas Elyot, surely he would have thought twice before despatching that infamous box of tennis balls on Henry’s accession in 1413.

ONE of his [Prince Henry’s] servants, whom he well favoured, for felony by him committed was arraigned at the King’s Bench;* whereof he being advertised,* in furious rage came hastily to the bar, where his servant stood as a prisoner, and commanded him to be set at liberty, whereat all men were abashed — reserved* the Chief Justice,* who humbly exhorted the prince, if he would have him saved from the rigour of the laws, that he should obtain of the King, his father, his gracious pardon; whereby no law or justice should be derogate.*

The prince nothing appeased, but rather more inflamed, endeavoured himself to take away his servant. The judge with a valiant spirit and courage commanded the prince upon his allegiance to leave the prisoner and depart his way; with which commandment the prince, being set all in a fury, all chafed, and in a terrible manner, came up to the place of judgment — men thinking that he would have slain the judge, or have done to him some damage; but the judge, without moving, and with an assured and bold countenance, had to the prince these words following:

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* A common-law court held at the southern end of Westminster Hall. It emerged as an independent court in 1234, and originally travelled with the monarch; from 1318, it began to sit in Westminster Hall without him, and from 1421, just before the end of Henry V’s reign, it became permanently fixed there. The court was abolished (as the Court of Queen’s Bench) under Queen Victoria in 1873, by uniting it with Common Pleas and the Court of Exchequer of Pleas.

* ‘Advertised’ here means ‘notified.’

* ‘Reserved’ here means ‘except for.’

* The presiding judge at the Court of King’s Bench was the Lord Chief Justice, who from 1400 (when Henry was thirteen) was Sir William Gascoigne (?1350-1419). He stepped down on Henry’s accession in 1413. William Shakespeare, in Henry IV Part 2, takes Elyot’s tale at face value and dramatises the meeting between the new King and the man who once sent him to jail in such a way as to show an honourable retirement and no ill-will on either side.

* The verb ‘derogate’ (literally, ask aside) means detract from or disparage. Compare the adjective ‘derogatory.’ The judge means that only a royal pardon would satisfy the demands of English law and of justice herself.

Précis

Tudor diplomat Thomas Elyot recounted a tale about the young King Henry V who, while still a prince, tried to use his position to get felony charges laid against one of his servants dropped by the judge. When Henry found that the judge would do nothing without the King’s royal pardon, he became threatening; but the judge was undaunted. (59 / 60 words)

Tudor diplomat Thomas Elyot recounted a tale about the young King Henry V who, while still a prince, tried to use his position to get felony charges laid against one of his servants dropped by the judge. When Henry found that the judge would do nothing without the King’s royal pardon, he became threatening; but the judge was undaunted.

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Variations: 1.increase the length of this precis to exactly 65 words. 2.reduce the length of this precis to exactly 55 words. 3.introduce one of the following words into the precis: although, because, besides, or, otherwise, since, unless, whether.

Word Games

Jigsaws Based on this passage

Express the ideas below in a single sentence. Do not be satisfied with the first answer you think of; think of several, and choose the best.

Henry’s servant was arrested. Henry told the judge to release him. The judge refused.

Variation: Try rewriting your sentence so that it uses one or more of these words: 1. Arrest 2. Free 3. Insistence