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.