[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."] [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.] It is a curious fact, that the magnanimous conduct of the Judge, tending so much to his renown, has induced various families and biographers to challenge the credit of the affair for their (p. 369) friends. No less than four claimants require us to examine their pretensions. Shakspeare and the world at large have consented to give the honour to Gascoyne; whilst the friends of Markham, Hankford, and Hody, have each in their turn disputed the palm with him. Of these four claimants two are reckoned among the "worthies of Devon." With regard to Sir John Hody, "to whom some of our countrymen (says Mr. Prince) would ascribe the honour," we need only add the sentence with which this antiquary sets aside his claim,--"But this cannot be, for that he was not a judge until thirty years afterwards." The claims of Hankford to this distinction rest on the authority of Risdon, the Devon antiquary, who began his work in 1605, and did not finish it till 1630. Mr. Prince would add the authority of Baker's Chronicle; but, were Baker's authority of any value, he does not mention the name of the Judge; and, by specifying that the transaction took place at the _King's Bench_ bar, and that the Prince was committed to the _Fleet_, he shows that no dependence is to be placed on his authority. If it took place at the King's Bench bar, the King's Bench prison would have received the royal culprit; and if, as Risdon says, the Judge's sentence was, "I command you, prisoner, to the King's Bench," not Hankford, but Gascoyne, was the Judge. Hankford was not appointed to the King's Bench before March 29th, 1 Henry V, (p. 370) some days after the supposed culprit had ascended the throne.[331]