In 1381 Robert Tresilian was appointed Chief Justice of the King's Bench.
Patent Rolls. 1st March 1382. Coinmission to Robert Tresilian, Robert Bealknap, William Skipwyth, Nicholas Brembre, William Gunthorp, Adapı de Bury and William Spaigné to examine the record and process and correct any error therein, or in the judgment rendered, in the suit before the mayor of Cales between William de Montagu [aged 53], Earl of Salisbury, proctor and attorney of John Buterleigh and Alesia his wife, executrix of the will of William Teynturer the younger, late citizen of Salisbury, William Warmwell and William Loerde, her co-executors, and one William Gilbert called Salesbury,' touching a debt of 3291. which the earl demanded from the said Gilbert, and to do justice therein according to the law and custom obtaining in Cales.
Patent Rolls. 6th July 1384. Commission to Robert Tresilian, Nicholas Brembre, mayor, Simon Westminster. Wynchecombe and John More, sheriffs, of London, and John Charney to enquire touching felonies and treasons in the county of Middlesex. By C.
Westminster Chronicle. Around the beginning of the month of September, John Northampton was brought out from Corfe Castle and sent to the Tower of London. At that time the king sent for his justices and legal experts, ordering them, without further delay, to present themselves before him at Westminster on the seventh day of September, in order to proceed judicially against the aforesaid men, who had been publicly appealed on such notorious crimes and offences, and were also notoriously defamed. The king’s chief justice, named Robert Tresilian, was afraid to give sentence in a case of this kind. For he said that judgement upon them belonged only to the mayor of London. But since the aforesaid men, namely John Northampton and his associates, had been appealed, and also indicted, for treason, their goods, both movable and immovable, would necessarily be confiscated if it should happen that they were condemned to death in judgement for such crimes. Therefore, on the tenth day of September, in the Tower of London, before Lord John Montagu [aged 34], steward of the lord king, and with two justices also present, namely Robert Tresilian and Robert Belknap, three of them were brought forward and examined concerning the things laid against them. They confessed that the charges brought against them were true, yet they placed themselves wholly in the king’s grace. They did this because, owing to the suborning of men of the country, they did not dare trust in a jury. Therefore Lord John Montagu, steward of the lord king, as is reported, pronounced sentence upon them and adjudged them to be drawn and hanged. Immediately Lord Michael de la Pole [aged 54], the lord king’s chancellor, entered the council. Each of the things that had been done concerning them was made known to him, and how they had confessed the things laid against them. Therefore they had duly been adjudged to be drawn and hanged. Then the chancellor said, in the hearing of all: "Although these men, because of the crimes they have committed, ought swiftly to have undergone death, nevertheless, because they have of their own accord surrendered themselves to the king’s grace, the king grants them life only, by his special grace. Nevertheless, he wills that in the meantime they be kept in secure places until his good pleasure, until, should it seem expedient, he may decide to show them fuller grace." At once, lest those three men should rejoice together in any comforts, they were sent to three parts of England, sufficiently remote from one another, namely Thomas Northbury to Corfe Castle [Map], situated in the southern part of England, John More to Nottingham Castle [Map], situated in the northern part, and John Northampton to Tintagel Castle in Cornwall, so that they might remain there in custody. All these things, as was said, their rivals the fishmongers had procured to be done to them, because it was through those men that their craft and court had been destroyed.
Circa principium mensis Semptembris J. Northampton de castro Corfe eductus transmissus est in turrim Londoniæ. Quo in tempore misit rex pro justiciariis suis et juris peritis ut sine dilatione ulteriori septimo die Septembris se apud Westmonasterium ejus conspectui præsentarent ad procedendum juridice contra prædictos super tam notoriis criminibus et excessibus publice appellatos ac etiam notorie diffamatos. Principalis vero judex regis nomine Robertus Tresilian timuit in hujusmodi causa sententiare. Dicebat enim illorum judicium majori Londoniæ tummodo pertinere; at quia isti prædicti scilicet J. Northampton et ejus socii fuerunt super proditione appellati, ac etiam indictati, necessario eorum bona tam mobilia quam immobilia confiscarentur si contigerit eos propter hujusmodi crimina ad mortem in judicio condemnari. Igitur decimo die Septembris in turrim Londoniæ coram domino Johanne de Monteacuto senescallo domini regis, præsentibus etiam duobus justiciaribus, scilicet Roberto Tresylian et Roberto Beleknap, tres illorum fuerunt producti ac super sibi impositis examinati. Ea illis illata fatebantur esse vera, se tamen totaliter in regis gratiam posuerunt, et hoc ideo fecerunt quia propter subornationem in hominibus patriæ confidere non audebant. Unde dominus Johannes de Monteacuto senescallus domini regis, ut profertur, tulit sententiam super eos et adjudicavit eos trahi et suspendi. Mox dominus Michael de la Pole cancellarius domini regis concionem intravit. Et patefacta sunt ei singula quæ circa eos erant acta et quo modo erant confessi ea quæ sibi imponebantur. Unde rite fuerant adjudicati trahi et suspendi. Tunc cancellarius cunctis audientibus dixit "Licet isti propter scelera commissa mortem subire celeriter debuissent, tamen quia regiæ gratiæ se ultro dederunt rex concedit eis vitam tantum de sua gratia speciali. Nihilominus tamen vult quod usque ad beneplacitum suum in locis securis interim custodiantur, donec si videatur expedire eis gratiam facere duxerit ampliorem. Confestim ne isti tres insimul aliquibus solatiis congauderent, missi sunt ad tres partes Angliæ adinvicem satis remote distantes, scilicet T. Northbury ad castrum Corfe in australi parte Angliæ situatum ; J. More ad castrum Nottyngham in boreali parte situatum ; et J. Northampton ad castrum de Tyntagel in Cornubia situatum ut ibi in custodia morarentur." Hæc autem omnia sibi fieri procurarunt eorum æmuli piscarii, ut dicebatur, quia per illos stetit quod ars et curia eorum erant destructæ.
Patent Rolls. 15th May 1385. Pardon to John Quenyld, fishmonger, 'sumtyme duellyng in Edyngbregg,' of outlawries in the counties of Southampton and Middlesex, for not appearing in the King's Bench to answer Hugh Crane and John Glemesford respectively touching trespasses, or to pay the king a ransom in each case, he having now surrendered to the Marshalsea prison [Map], as certified by Robert Tresiliam, chief justice,
Patent Rolls. 7th November 1385. Pardon, at the supplication of Robert Tresilian, knight, to Richard Servyngton alias Beare, for the death of Walter Bachiler and William Eykebery, killed after st. Gregory, 5 Richard II. By p.s.
Patent Rolls. 5th December 1385. Pardon to John de Brabourne, 'cappere,' of his outlawry for not appearing to answer Richard Riggesby touching a trespass, he having surrendered to the Marshalsea prison and paid the said Richard the damages adjudged, as is certified by Robert Tresilyan, chief justice of the King's Bench; on condition, however, that he pay the king his ransom.
Patent Rolls. 30th August 1386. Grant to Robert Brandon of the goods and chattels of Hugh de Byseley, forfeited on account of his outlawry at the suit of Robert Tresiliam in a plea of debt. By signet letter.
Patent Rolls. 12th October 1386. Geoffrey Harnold of Bleseworth, for not appearing in the King's Westminster. Bench to answer Thomas Grene, knight, touching a trespass, he having surrendered to the Marshalsea prison as certified by Robert Tresiliam, chief justice. co. Northampton.
This is a translation of the 'Memoires of Jacques du Clercq', published in 1823 in two volumes, edited by Frederic, Baron de Reissenberg. In his introduction Reissenberg writes: 'Jacques du Clercq tells us that he was born in 1424, and that he was a licentiate in law and a counsellor to Philip the Good, Duke of Burgundy, in the castellany of Douai, Lille, and Orchies. It appears that he established his residence at Arras. In 1446, he married the daughter of Baldwin de la Lacherie, a gentleman who lived in Lille. We read in the fifth book of his Memoirs that his father, also named Jacques du Clercq, had married a lady of the Le Camelin family, from Compiègne. His ancestors, always attached to the counts of Flanders, had constantly served them, whether in their councils or in their armies.' The Memoires cover a period of nineteen years beginning in in 1448, ending in in 1467. It appears that the author had intended to extend the Memoirs beyond that date; no doubt illness or death prevented him from carrying out this plan. As Reissenberg writes the 'merit of this work lies in the simplicity of its narrative, in its tone of good faith, and in a certain air of frankness which naturally wins the reader’s confidence.' Du Clercq ranges from events of national and international importance, including events of the Wars of the Roses in England, to simple, everyday local events such as marriages, robberies, murders, trials and deaths, including that of his own father in Book 5; one of his last entries.
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Westminster Chronicle. Also, it is to be remembered that on the twenty-fifth day of the month of August [1387], in the eleventh year of the reign of King Richard II, at Nottingham Castle, before our said lord king, Robert Tresilian, chief justice, and Robert Belknap, chief justice of the Common Bench of our said lord king, and John Holt, Roger Fulthorpe, and William Burgh, knights and justices, associates of the aforesaid Robert Belknap, and John Lokton, serjeant-at-law of the said lord king, being personally present in the presence of the lords and other witnesses subscribed below, were required by our said lord king, in the faith and allegiance by which they were firmly bound to the same our lord king, that they should answer faithfully to certain questions designated below and recited before them, and should declare the law upon them according to their discretion.
Item memorandum quod xxv die mensis Augusti anno regni regis Ricardi secundi xi castrum de Notyngham coram dicto domino nostro rege Robertus Tresylian capitalis justiciarius et Robertus Beleknapp capitalis justiciarius de communi banco domini nostri regis prædicti et Johannes Holte, Rogerus Fulthorp et Willelmus Borgh milites justiciarii, socii prædicti Roberti Beleknapp, ac Johannes Lokton serviens dicti domini regis ad legem, in præsentia dominorum et aliorum testium subscriptorum personaliter existentes per dictum dominum nostrum regem requisiti in fide et ligentia. Quibus eidem domino nostro regi firmiter sunt astricti, quod ad certas quæstiones inferius designatas et coram eis recitatas fideliter responderent et super eis super discretionem suam legem dicerent.
Chronicle of Adam of Usk [~1352-1430]. 27th December 1387. The mayor of London, hearing of their coming, sent forth to them the keys of the city; and thereafter those same five lords did, on the feast of Saint John the Evangelist (27th December), blockade the Tower1 of London till it yielded; then straightway they placed the king, who lay therein, under new governance, and delivered his fawning councillors into divers prisons until the next following parliament2. On the morrow of the Purification of Our Lady (3rd February), they declared exiles those who had fled, and they banished into Ireland all the king's justices, for that they had knowledge of the imagining of the death of the lords, as above written, and also the king's confessor, the bishop of Chichester'. Others who had wrongfully fostered the king's unruliness, if not the causers thereof, namely, sir Simon Burley, chamberlain, sir Robert Tresilian, chief justice, Nicholas Brembre, mayor of London, sir John Berners and sir John Salisbury, knights, and Thomas Usk and John Blake, esquires, and very many others were beheaded3
Note 1. The confederate lords entered London on the 26th December, and immediately invested the Tower. Richard submitted, and summoned parliament to meet on the 3rd February, Lady (3rd February), they declared exiles those who had fled, and they banished into Ireland all the king's justices, for that they had knowledge of the imagining of the death of the lords, as above written, and also the king's confessor, the bishop of Chichester1. Others who had wrongfully fostered the king's unruliness, if not the causers thereof, namely, sir Simon Burley [aged 47], chamberlain, sir Robert Tresilian, chief justice, Nicholas Brembre, mayor of London, sir John Berners and sir John Salisbury, knights, and Thomas Usk and John Blake, esquires, and very many others were beheaded2.
Note 2. The judges who had taken a part in the council of Nottingham were—sir Robert de Belknap, chief justice of the Common Pleas; sir Robert de Fulthorp, sir John Holt, and sir William Burgh, puisne judges of the same; sir John Cary, junior baron of the Exchequer; and with them, John Lokton, serjeant-at-law. Belknap and Holt were banished to Drogheda, Fulthorp and Burgh to Dublin, Cary and Lokton to Waterford. Thomas Rushook, bishop of Chichester and the king's confessor, was sent to Cork.—Rymer, Federa, 8th and 13th July, 1388.
Note 3. The execution of sir Simon Burley, the retainer of the Black Prince and Richard's tutor, which was carried out in spite of all the king's efforts to save him, made an impression on Richard's mind which goes far to account for the fierceness with which he attacked his enemies in the parliament of 1397. Berners and Salisbury (as well as sir John Beauchamp, who was also executed) were of the royal household. Thomas Usk had been appointed undersheriff of Middlesex, with the view of influencing the elections to parliament; and John Blake had been commissioned to draw the bill of indictment which Richard, had he not been forestalled, would have brought forward against the confederate lords, in 1387, after the council of Nottingham. Usk has recently risen into a more interesting position than that which he holds in history, having been identified as the author of "The Testament of Love," a work which has been wrongly attributed to Chaucer. (Dict. Nat. Biogr. lviij. 60; Skeat, Chaucerian and other Pieces, 1897.)
Westminster Chronicle. Thereupon they steadfastly requested that Alexander [aged 47], Archbishop of York; Robert de Vere [aged 26], Duke of Ireland; Michael de la Pole [aged 58], Earl of Suffolk; Robert Tresilian, Justice; and Nicholas Brembre, knight of London, should be brought before the whole parliament and should answer vigorously to the articles set out in their appeal. But because the time of Shrovetide was now approaching, the king prorogued the business until the Thursday [12th February] immediately after Ash Wednesday.
Unde illi constanter petierunt Alexandrum archiepiscopum Eboracensem, Robertum de Veer ducem Hiberniæ, Michaelem de la Poole comitem Suffolchiæ, Robertum Tresilyan justiciarium et Nicholaum Brembre militem Londoniensem coram toto parliamento adduci et ad articulos in eorum appellatione positos vivaciter respondere. Verum quia tempus Carniprivii jam instabat rex negotium prorogabat usque diem Jovis proximum post diem cinerum.
On 3rd February 1388 the Merciless Parliament commenced. It ended on 4th June 1388. Its primary function was to prosecute members of the Court of King Richard II of England [aged 21]. The term "Merciless" is contemporary having been coined by the chronicler Henry Knighton.
Michael de la Pole 1st Earl Suffolk [aged 58] was sentenced to be hanged, drawn and quartered in his absence. He had escaped to France. Earl Suffolk and Baron Pole forfeit.
Archbishop Alexander Neville [aged 47] was found guilty of treason and it was determined to imprison him for life in Rochester Castle, Kent [Map]. He fled to Louvain [Map] where he became a parish priest for the remainder of his life.
On 19th February 1388 Robert Tresilian was hanged naked and his throat cut. See Chronicle of Adam of Usk.
On 25th March 1388 Nicholas Brembre was hanged. He was buried at Christ Church, Greyfriars [Map].
On 5th May 1388 Simon Burley [aged 48] was executed despite the protestations of his friend Edmund of Langley 1st Duke of York [aged 46]. See Chronicle of Adam of Usk.
On 12th May 1388 John Beauchamp 1st Baron Beauchamp [aged 69] was beheaded at Tower Hill [Map]. He was buried at Worcester Cathedral [Map]. Baron Beauchamp of Kidderminster forfeit.
Robert de Vere 1st Duke Ireland [aged 26] was attainted.
Westminster Chronicle. And it was agreed that on the Wednesday [19th February 1388] afterwards the peers of all the realm should consider what judgement they would give against the said Nicholas. Meanwhile, Robert Tresilian was taken outside Westminster and brought into full parliament. And there it was declared to him by the said steward in that parliament how the said Robert Tresilian had been appealed, together with the others, of such high treasons by the said Duke of Gloucester etc., and how a day had been assigned to him, and proclamation made thereupon throughout all the realm, to answer on the said day of parliament. On that day he did not come, and was solemnly called, and so for the second and third time in full parliament. Thus, by his default, it was awarded that the said Robert Tresilian should be drawn and hanged etc., and that his lands and tenements, goods and chattels should be forfeited to the king for ever. Wherefore, without answer from the said Robert Tresilian, it was adjudged, in the king’s absence, in full parliament, that he should be taken to the Tower of London and from there drawn to Tyburn, and there hanged. And the marshal was commanded to take charge of him and to carry out execution that same day. And the mayor, sheriffs and aldermen of London were to be aiding in performing this, and so it was done1 etc.
... et que Meskerdy apres les piers de tout le rolïaume soy aviseront quell juggement vodroient doner devers le dit Nichol. Endementiers Robert Tresilyan fuist pris hors de Westminstre et amesne en plein parlement et illoeges luy fuist declare par le dit seneschall en ycell parlement coment le dit Robert Tresilyan fuist appelle ovesque les autres de si hautes tresons par les ditz duc Gloucestre etc. Et jour luy fuist assigne et sur ceo proclamacion fait parmye tout le roiaume de respoundre a dit jour de parlement, a quelle jour il ne venoit point et fuist solempnement appellez et sic pro seeundo et tertio en plein parlement. Issint que par son defaute fuist agarde que le dit Robert Tresilyan soit traigne et penduz etc. Et que ces terres et tenementz biens et chateux soient forfaitz a roy pur toutz jours. Par quoy sanz respounse du dit Robert Tresilyan il fuist ajugge en absence du roy en plein parlement qil serra mesne a la tour de Loundres et dilleoges traigne a Tybourne et illeoges penduz et comaunde fuist a marschall de prendre garde de luy et faire execucion ycell jour. Et que les mair, viscountes, aldremantz de Loundres soient cidantz a ceo parfourner et ensi fuist etc.
Note 1. The execution of Robert Tresilian is described in Thomas Favent's 'A history, or account, of the manner and form of the Wonderful Parliament': "When this came to the eares of the Peeres, the five Appellants suddenly arose up, and without expressing any reason, departed out of the Parliament House, which bred great alteration in the House, insomuch that many followed them, and when they come to the Gate of the Hall, they met the Guard leading of Tressilian bound, crying, as they came, We have him, we have him. Tressilian being come into the Hall, was asked what he could say for himselfe, why judgement should not passe upon him for his treason so often committed, hee became as one that had beene struck dumb, and his heart was as it were hardened to the very last, and would not confesse himselfe guilty of any thing: And for this cause the Parliament arose, deferring Brembres triall till the next day. But Tressilian was without delay led to the Tower, that he might suffer the execution of the sentence passed against him, his wife and his children did with maine teares accompany him to the Tower, but his wife was so overcome with dolour and griefe, that she fell down in a swound as if she had beene dead. Immediately Tressilian is upon a hurdle, and drawne thorow the streets of the Citie, with a wonderfull concourse of people following him, at every furlongs end he was suffered to stand still to rest himselfe, and to see if hee would confesse and report himselfe of any thing, but what he said to the Fryer his Confessor is not knowne, neither am I able to search it out; when hee came to the place of execution hee would not climb the Ladder, untill such time as being soundly beaten with bats and staves he was forced to goe up, and when he was up, hee said, So long as I doe weare any thing upon me I shall not dye, wherefore the executioner stripped him, and found certaine Images painted like to the signes of Heaven, and the head of a devill painted, and the names of many of the devills wrote in Parchment; the exorcising toyes being taken away, hee was hanged up naked, and because the spectators should be certainly assured that he was dead, they cut his throat, and because the night approached, they let him hang untill the next morning, and then his wife having obtained a licence of the King, tooke downe his body, and carried it to the Grey-Fryers, where it was buried."
As does the Chronicle of Henry Knighton with different details: "Then, in the meantime, Sir Robert de Vere, Sir Alexander Neville, Archbishop of York, and Sir Michael de la Pole, Earl of Suffolk, had fled, as has been said above, and did not come to parliament. Therefore they were outlawed, and all their goods, revenues and possessions, movable and immovable, were seized into the king’s hands, for him and his heirs for ever, except those enfeoffments which, under entail, would come to the heirs. But Sir Robert Tresilian, the king’s chief justice, had hidden himself in the house of a certain apothecary near Westminster Gate, so that he might see the lords and magnates of the realm entering and leaving parliament, and might spy out what was being done in parliament, because throughout his whole life he had always acted craftily. But now his craft was turned into the greatest folly. For on Wednesday, the eleventh day before the Kalends of March [19th February 1388], betrayed by his own servant, he was captured at about the eleventh hour before noon and presented in parliament by the Duke of Gloucester. On the same day after noon he was drawn from the Tower of London through the middle of the city to the gallows at Tyburn, and was hanged, and his throat was cut, for he had previously been adjudged to the same death in the same parliament. This aforesaid Robert had disguised himself, pretending to be a poor, feeble man, in a rough, torn and shabby tunic. He had also made himself a long and lengthy beard artificially, which beard they called a Parisian beard, and he disfigured his face so that he should not be recognised. He had been so greatly disguised that no one recognised him except by his voice."
Westminster Chronicle. And on the following Tuesday they were called another time in full parliament, and afterwards, on the Thursday, the eleventh day of February then next following, the king sitting in full parliament, with all his earls, barons and peers of the realm around him, and also all the commons of the realm standing before him, in the presence of the said Duke of Gloucester, Earl of Derby, Earl of Arundel, Earl of Warwick and Earl Marshal, Sir John Devereux, steward of the king’s household, by command of the king, gave judgement in this manner, that is to say, that the said Duke of Ireland [aged 26], Earl of Suffolk [aged 58] and Robert Tresilian should be drawn and hanged as traitors to the king and to the realm, and that they and their heirs should be disinherited for ever. And that the temporalities of the said archbishop should be seized into the king’s hand to the king’s use. From the giving of which judgement all the prelates of parliament withdrew, to save their regularity.
Et le Mardy prochein furent autre foith demaundez en plein parlement et puis apres le Joefdy le xi jour de Feverer lors prochein, le roy seant en plein parlement et toutz ces countes et barons et piers du roiaume entour ly, et auxi toutz les comunes du roiaume esteantz devant luy en presence des ditz duc de Gloucestre, conte de Derby, conte d’Arundell, conte de Warrewyk, et conte marschall, monseignur Johan Deverose seneschall del hostell de roy par comandement du roy dona juggement en tiele manere, cest assavoir, que les ditz duc d’Irland, conte de Suffolk et Robert Tresilyan soient traignez et penduz come traitours du roy et du roiaume et ils et lour heires desheritez pur toutz jours. Et que les temporaltees des dit ercevesque soient seises en le mayn le roy al oeps du roy. A rendre de quell juggement toutz les prelatz du parlement soi retraihent pur saver lour regularite.
Patent Rolls. 20th March 1388. Presentation of Richard Rysyngdom, chaplain, to the chantry founded in the church of All Saints, Oxford, in the diocese of Lincoln, by John Stodley, in the king's gift by reason of the lands and tenements late of Robert Tresulian, knight, being in the king's hands by judgment in Parliament.
Froissart Book 4 Chapter 92. 1397. News of this event was sooner known in France and Flanders than in England. The French rejoiced much at it; for it was commonly reported that there would never be any solid peace between France and England as long as the duke of Gloucester [aged 41] lived; and it was well remembered, that in the negotiations for peace he was more obstinate in his opinions than either of his brothers; and, for this reason, his death was no loss to France. In like manner, many knights and squires of the king of England's household, who were afraid of him, for his severe and rough manners, were pleased at his death. They recounted how he had driven the duke of Ireland to banishment, and had ignominiously beheaded that prudent and gallant knight sir Simon Burley, who had been so much beloved by the prince of Wales, and had done essential services to his country. The deaths of sir Robert Trevilian, sir Nicholas Bramber, sir John Standwich, and others, were not forgotten, so that the duke of Gloucester was but little lamented in England, except by those who were of his party and manner of thinking.
Froissart Book 4 Chapter 94. Before 16th September 1398. King Richard of England [aged 31] was of a temper that, when he took a liking to any one, he instantly raised him to high honours, and had such confidence in him that no-one dared to say anything to his prejudice. At the same time, there had not been a king of England in the memory of man who so easily believed all that was told him. His favourites, however paid no attention to the miserable fate of many of their predecessors; how the duke of Ireland had been banished, sir Simon Burley, sir Robert Tresilian, sir Nicholas Bramber and others had lost their lives, for counsels they had given the king, and for which the duke of Gloucester had taken great pains in their destruction. The duke was now dead, and the favourites of the moment, who continually counselled the king as they pleased, were not sorry, for they imagined no one would now pretend to oppose them. Some about the king's person could not disguise their pride and presumption, especially the earl marshal [aged 30], who was in the highest degree of favour. To flatter and please the king, and to show how true and loyal a servant he was, whenever he heard any reports he told them to the king, expecting from such means to rise still higher in favour; but many, thinking to advance, are repulsed. Thus it happened to the earl marshal.