CHAPTER II.

ROBERT TRESILIAN.

We next come to a chief justice who actually suffered the last penalty of

the law--and deservedly--in the regular administration of retributive

justice--Sir Robert Tresilian--hanged at Tyburn.

I can find nothing respecting his origin or education, except a doubtful

statement that he was of a Cornish family, and that he was elected a

fellow of Exeter College, Oxford, in 1354. The earliest authentic notice

of him is at the commencement of the reign of Richard II., when he was

made a serjeant at law, and appointed a puisne judge of the Court of

King's Bench. The probability is, that he had raised himself from

obscurity by a mixture of good and evil arts. He showed learning and

diligence in the discharge of his judicial duties; but, instead of

confining himself to them, he mixed deeply in politics, and showed a

determination, by intrigue, to reach power and distinction. He devoted

himself to De Vere, the favorite of the young king, who, to the great

annoyance of the princes of the blood, and the body of the nobility, was

created Duke of Ireland, was vested for life with the sovereignty of that

island, and had the distribution of all patronage at home. By the

influence of this minion, Tresilian, soon after the melancholy end of Sir

John Cavendish,[29] was appointed chief justice of the King's Bench; and

he was sent into Essex to try the rebels. The king accompanied him. It is

said that, as they were journeying, "the Essex men, in a body of about

500, addressed themselves barefoot to the king for mercy, and had it

granted upon condition that they should deliver up to justice the chief

instruments of stirring up the rebellion; which being accordingly done,

they were immediately tried and hanged, ten or twelve on a beam, at

Chelmsford, because they were too many to be executed after the usual

manner, which was by beheading."

Tresilian now gained the good graces of Michael de la Pole, the lord

chancellor, and was one of the principal advisers of the measures of the

government, being ever ready for any dirty work that might be assigned to

him. In the year 1385, it was hoped that he might have got rid, by an

illegal sentence, of John of Gaunt, who had become very obnoxious to the

king's favorites. But the plot got wind, and the Duke, flying to

Pontefract Castle, fortified himself there till his retainers came to his

rescue.

In the following year, when there was a change of ministry, Tresilian was

in great danger of being included in the impeachment which proved the ruin

of the chancellor; but he escaped by an intrigue with the victorious

party, and he was suspected of having secretly suggested the commission

signed by Richard, and confirmed by Parliament, under which the whole

power of the state was transferred to a commission of fourteen barons. He

remained very quiet for a twelvemonth, till he thought that he perceived

the new ministers falling into unpopularity, and he then advised that a

bold effort should be made to crush them. Meeting with encouragement, he

secretly left London, and, being joined by the Duke of Ireland, went to

the king, who was at Nottingham, in a progress through the midland

counties. He then undertook, through the instrumentality of his brother

judges, to break the commission, and to restore the king and the favorite

to the authority of which it had deprived them. His plan was immediately

adopted, and the judges, who had just returned from the summer assizes,

were all summoned in the king's name to Nottingham.

On their arrival, they found not only a string of questions, but answers,

prepared by Tresilian. These he himself had signed, and he required them

to sign. Belknappe, the chief justice of the Common Pleas, and the others,

demurred, seeing the peril to which they might be exposed; but, by

promises and threats, they were induced to acquiesce. The following record

was accordingly drawn up, that copies of it might be distributed all over

England:--

"Be it remembered, that on the 25th of Aug., in the 11th year of the reign

of K. Rich. II., at the castle of Nottingham, before our said lord the

king, Rob. Tresilian, chief justice of England, and Robt. Belknappe, chief

justice of the common bench of our said lord the king, John Holt, Roger

Fulthorp, and Wm. de Burg, knights, justices, &c., and John de Lokton, the

king's serjeant-at-law, in the presence of the lords and other witnesses

under-written, were personally required by said lord the king, on the

faith and allegiance wherein to him the said king they are bound, to

answer faithfully unto certain questions hereunder specified, and to them

then and there truly recited, and upon the same to declare the law

according to their discretion, viz.:--

"1. It was demanded of them, 'Whether that new statute, ordinance, and

commission, made and published in the last parl. held at Westm., be not

derogatory to the loyalty and prerogative of our said lord the king?' To

which they unanimously answered that the same are derogatory thereunto,

especially because they were against his will.

"2. 'How those are to be punished who procured that statute and

commission?'--_A._ That they were to be punished with death, except the

king would pardon them.

"3. 'How those are to be punished who moved the king to consent to the

making of the said statute?'--_A._ That they ought to lose their lives

unless his Maj. would pardon them.

"4. 'What punishment they deserved who compelled, straightened, or

necessitated the king to consent to the making of the said statute and

commission?'--_A._ That they ought to suffer as traitors.

"5. 'How those are to be punished who hindered the king from exercising

those things which appertain to his royalty and prerogative?'--_A._ That

they are to be punished as traitors.

"6. 'Whether after in parl. assembled, the affairs of the kingdom, and the

cause of calling that parl. are by the king's command declared, and

certain articles limited by the king upon which the lords and commons in

that parl. ought to proceed; if yet the said lords and commons will

proceed altogether upon other articles and affairs, and not at all upon

those limited and proposed to them by the king, until the king shall have

first answered them upon the articles and matters so by them started and

expressed, although the king's command be to the contrary; whether in such

case the king ought not to have the governance of the parl. and

effectually overrule them, so as that they ought to proceed first on the

matters proposed by the king: or whether, on the contrary, the lords and

commons ought first to have the king's answer upon their proposals before

they proceeded further?'--_A._ That the king in that behalf has the

governance, and may appoint what shall be first handled, and so gradually

what next in all matters to be treated of in parl., even to the end of the

parl.; and if any act contrary to the king's pleasure made known therein,

they are to be punished as traitors.

"7. 'Whether the king, whenever he pleases, can dissolve the parl., and

command the lords and commons to depart from thence, or not?'--_A._ That

he can; and if any one shall then proceed in parl. against the king's

will, he is to be punished as a traitor.

"8. 'Since the king can, whenever he pleases, remove any of his judges and

officers, and justify or punish them for their offences; whether the lords

and commons can, without the will of the king, impeach in parl. any of the

said judges or officers for any of their offences?'--_A._ That they

cannot; and if any one should do so he is to be punished as a traitor.[30]

"9. 'How he is to be punished who moved in parl. that the statute should

be sent for whereby Edw. II. (the king's great grandfather) was proceeded

against and deposed in parl.; by means of sending for and imposing which

statute, the said late statute, ordinance, and commission, were devised

and brought forth in parl.?'--_A._ That as well he that so moved, as he

who by pretence of that motion carried the said statute to the parl., are

traitors and criminals, to be punished with death.

"10. 'Whether the judgment given in the last parl. held at Westm. against

Mich. de la Pole, Earl of Suffolk, was erroneous and revocable, or

not?'--_A._ That if that judgment were now to be given, they would not

give it; because it seems to them that the said judgment is revocable, as

being erroneous in every part of it.

"In testimony of all which, the judges and serjeants aforesaid, to these

presents have put their seals in the presence of the rev. lords, Alex.

abp. of York, Rob. abp. of Dublin, John bp. of Durham, Tho. bp. of

Chichester, and John bp. of Bangor, Rob. duke of Ireland, Mich. earl of

Suffolk, John Rypon, clerk, and John Blake, esq.; given the place, day,

month, and year aforesaid."

Tresilian exultingly thought that he had not only got rid of the obnoxious

commission, but that he had annihilated the power of Parliament by the

destruction of parliamentary privilege, and by making the proceedings of

the two houses entirely dependent on the caprice of the sovereign.

He then attended Richard to London, where the opinion of the judges

against the legality of the commission was proclaimed to the citizens at

the Guildhall; and all who should act under it were declared traitors. A

resolution was formed to arrest the most obnoxious of the opposite

faction, and to send them to take their trials before the judges who had

already committed themselves on the question of law; and, under the

guidance of Tresilian, a bill of indictment was actually prepared against

them for a conspiracy to destroy the royal prerogative. Thomas Ush, the

under sheriff, promised to pack a jury to convict them; Sir Nicholas

Brambre, who had been thrice lord mayor, undertook to secure the fidelity

of the citizens; and all the city companies swore that they would live and

die with the king, and fight against his enemies to their last breath.

Arundel, Bishop of Ely, was still chancellor; but Tresilian considered

that the great seal was now within his own grasp, and, after the recent

examples of chief justices becoming chancellors, he anticipated no

obstacle to his elevation.

At such a slow pace did news travel in those days, that, on the night of

the 10th of November, Richard and his chief justice went to bed thinking

that their enemies were annihilated, and next morning they were awoke by

the intelligence that a large force, under the Duke of Gloucester and the

Earls of Arundel and Nottingham, was encamped at Highgate. The confederate

lords, hearing of the proceedings at Nottingham, had immediately rushed to

arms, and followed Richard towards London, with an army of 40,000 men. The

walls of London were sufficient to repel a sudden assault; and a royal

proclamation forbade the sale of provisions to the rebels, in the hope

that famine might disperse them. But, marching round by Hackney, they

approached Aldgate, and they appeared so formidable, that a treaty was

entered into, according to which they were to be supplied with all

necessaries, on payment of a just price, and deputies from them were to

have safe conduct through the city on their way to the king at

Westminster. Richard himself agreed that on the following Sunday he would

receive the deputies, sitting on his throne in Westminster Hall.

At the appointed hour he was ready to receive them, but they did not

arrive, and he asked "how it fortuned that they kept not their promise."

Being answered, "Because there is an ambush of a thousand armed men or

more in a place called the Mews, contrary to covenant; and therefore they

neither come, nor hold you faithful to your word,"--he said, with an oath,

that "he knew of no such thing," and he ordered the sheriffs of London to

go thither and kill all they could lay hands on. The truth was, that Sir

Nicholas Brambre, in concert with Tresilian, had planted an ambush near

Charing Cross, to assassinate the lords as they passed; but, in obedience

to the king's order, the men were sent back to the city of London. The

lords at last reached Westminster, with a gallant troop of gentlemen; and

as soon as they had entered the great hall, and saw the king in his royal

robes sitting on the throne, with the crown on his head and the sceptre in

his hand, they made obeisance three times as they advanced, and when they

reached the steps of the throne they knelt down before him with all

seeming humility. He, feigning to be pleased to see them, rose and took

each of them by the hand, and said "he would hear their plaint, as he was

desirous to render justice to all his subjects." Thereupon they said,

"Most dread sovereign, we appeal of high treason Robert Tresilian, that

false justice; Nicholas Brambre, that disloyal knight; the Archbishop of

York; the Duke of Ireland; and the Earl of Suffolk;"--and, to prove their

accusation to be true, they threw down their gauntlets, protesting by

their oaths that they were ready to prosecute it to battle. "Nay," said

the king, "not so; but in the next Parliament (which we do appoint

beforehand to begin the morrow after the Purification of our Lady,) both

they and you, appearing, shall receive according to law what law doth

require, and right shall be done."

It being apparent that the confederate lords had a complete ascendency,

the accused parties fled. The Duke of Ireland and Sir Nicholas Brambre

made an ineffectual attempt to rally a military force; but Chief Justice

Tresilian disguised himself, and remained in concealment till he was

discovered, after being attainted, in the manner to be hereafter

described.

The election for the new Parliament ran strongly in favor of the

confederate lords; and, on the day appointed for its meeting, an order was

issued under their sanction for taking into custody all the judges who had

signed the opinion at Nottingham. They were all arrested while they were

sitting on the bench, except Chief Justice Tresilian; but he was nowhere

to be found.

When the members of both houses had assembled at Westminster Hall, and the

king had taken his place on the throne, the five lords, who were called

APPELLANTS, "entered in costly robes, leading one another hand in hand, an

innumerable company following them, and, approaching the king, they all

with submissive gestures reverenced him. Then rising, they declared their

appellation by the mouth of their speaker, who said, 'Behold the Duke of

Gloucester comes to purge himself of treasons which are laid to his charge

by the conspirators.' To whom the lord chancellor, by the king's command,

answered, 'My lord duke, the king conceiveth so honorably of you, that he

cannot be induced to believe that you, who are of kindred to him, should

attempt any treason against him.' The duke, with his four companions on

their knees, humbly gave thanks to the king for his gracious opinion of

their fidelity. And now, as a prelude to what was going to be acted, each

of the prelates, lords and commons then assembled, had the following oath

administered to them upon the rood or cross of Canterbury, in full

Parliament: 'You shall swear that you will keep, and cause to be kept, the

good peace, quiet, and tranquillity of the kingdom; and if any will do to

the contrary thereof, you shall oppose and disturb him to the utmost of

your power; and if any will do any thing against the bodies of the five

lords, you shall stand with them to the end of this present Parliament,

and maintain and support them with all your power, to live and die with

them against all men, no person or thing excepted, saving always your

legiance to the king and the prerogatives of his crown, according to the

laws and good customs of the realm.'"

Written articles to the number of thirty-nine were then exhibited by the

appellants against the appellees. The other four are alleged to have

committed the various acts of treason charged upon them "by the assent and

counsel of Robert Tresilian, that false justice;" and in most of the

articles he bears the brunt of the accusation. Sir Nicholas Brambre alone

was in custody; and the others not appearing when solemnly called, their

default was recorded, and the lords took time to consider whether the

impeachment was duly instituted, and whether the facts stated in the

articles amounted to high treason. Ten days thereafter, judgment was given

"that the impeachment was duly instituted, and that the facts stated in

several of the articles amounted to high treason." Thereupon, the prelates

having withdrawn, that they might not mix in an affair of blood, sentence

was pronounced, "that Sir Robert Tresilian, the Duke of Ireland, the

Archbishop of York, and Earl of Suffolk, should be drawn and hanged as

traitors and enemies to the king and kingdom, and that their heirs should

be disinherited forever, and that their lands and tenements, goods and

chattels, should be forfeited to the king."

Tresilian might have avoided the execution of his sentence, had it not

been for the strangest infatuation related of any human being possessing

the use of reason. Instead of flying to a distance, like the duke, the

archbishop, and the earl, none of whom suffered, although his features

were necessarily well known, he had come to the neighborhood of

Westminster Hall on the first day of the session of Parliament; and, even

after his own attainder had been published, trusting to his disguise, his

curiosity induced him to remain to watch the fate of his associate, Sir

Nicholas Brambre.

This chivalrous citizen, who had been knighted for the bravery he had

displayed in assisting Sir William Walwort to kill Wat Tyler and to put

down the rebellion, having been apprehended and lodged in the Tower of

London, was now produced by the constable of the Tower, to take his trial.

He asked for further time to advise with his counsel, but was ordered

forthwith to answer to every point in the articles of treason contained.

Thereupon he exclaimed, "Whoever hath branded me with this ignominious

mark, with him I am ready to fight in the lists to maintain my innocency

whenever the king shall appoint!" "This," says a chronicler, "he spake

with such a fury, that his eyes sparkled with rage, and he breathed as if

an Etna lay hid in his breast; choosing rather to die gloriously in the

field, than disgracefully on a gibbet."

The appellants said "they would readily accept of the combat," and

flinging down their gages before the king, added, "We will prove these

articles to be true to thy head, most damnable traitor!" But the lords

resolved "that battle did not lie in this case; and that they would

examine the articles with the proofs to support them, and consider what

judgment to give, to the advantage and profit of the king and kingdom, and

as they would answer before God."

They adjourned for two days, and met again, when a number of London

citizens appeared to give evidence against Brambre. For the benefit of the

reader, the chronicler I have before quoted shall continue the story:--

"Before they could proceed with his trial, they were interrupted by

unfortunate Tresilian, who, being got upon the top of an apothecary's

house adjoining to the palace, and descended into the gutter to look about

him and observe who went into the palace, was discovered by certain of the

peers, who presently sent some of the guard to apprehend him; who entering

into the house where he was, and having spent long time in vain in looking

for him, at length one of the guard stepped to the master of the house,

and taking him by the shoulder, with his dagger drawn, said thus: 'Show us

where thou hast hid Tresilian, or else resolve thy days as accomplished.'

The master, trembling, and ready to yield up the ghost for fear, answered,

'Yonder is the place where he lies;' and showed him a round table covered

with branches of bays, under which Tresilian lay close covered. When they

had found him they drew him out by the heels, wondering to see him wear

his hair and beard overgrown, with old clouted shoes and patched hose,

more like a miserable poor beggar than a judge. When this came to the ears

of the peers, the five appellants suddenly rose up, and, going to the gate

of the hall, they met the guard leading Tresilian, bound, crying, as they

came, 'We have him, we have him.' Tresilian, being come into the hall, was

asked 'what he could say for himself why execution should not be done

according to the judgment passed upon him for his treasons so often

committed;' but he became as one struck dumb; he had nothing to say, and

his heart was hardened to the very last, so that he would not confess

himself guilty of any thing. Whereupon he was without delay led to the

Tower, that he might suffer the sentence passed against him. His wife and

his children did with many tears accompany him to the Tower; but his wife

was so overcome with grief, that she fell down in a swoon as if she had

been dead. Immediately Tresilian is put upon an hurdle, and drawn through

the streets of the city, with a wonderful concourse of people following

him. At every furlong's end he was suffered to stop, that he might rest

himself, and to see if he would confess or acknowledge any thing; but what

he said to the friar, his confessor, is not known. When he came to the

place of execution he would not climb the ladder, until such time as being

soundly beaten with bats and staves he was forced to go up; and when he

was up, he said, 'So long as I do wear any thing upon me, I shall not

die;' wherefore the executioner stript him, and found certain images

painted like to the signs of the heavens, and the head of a devil painted,

and the names of many of the devils wrote in parchment; these being taken

away he was hanged up naked, and after he had hanged some time, that the

spectators should be sure he was dead, they cut his throat, and because

the night approached they let him hang till the next morning, and then his

wife, having obtained a licence of the king, took down his body, and

carried it to the Gray-Friars, where it was buried."

Considering the violence of the times, Tresilian's conviction and

execution cannot be regarded as raising a strong presumption against him;

but there seems little doubt that he flattered the vices of the unhappy

Richard; and historians agree that, in prosecuting his personal

aggrandizement, he was utterly regardless of law and liberty. He died

unpitied, and, notwithstanding the "historical doubts" by which we are

beset, no one has yet appeared to vindicate his memory.

Atrocious Judges : Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression · 第 2 / 18 章