ExecutedToday.com

On this date in 1388, England’s former Chief Justice was executed for his executive-friendly jurisprudence.

For some reason, this illustration of Tresilian’s execution from Froissart’s chronicles shows him receiving a dignified beheading, rather than a nude hanging.

The ambitious Robert Tresilian (or Tresillian) had shimmied his way up the 14th century legal ranks for his dutiful service to the monarch, including presiding over a “bloody assize” after Wat Tyler’s revolt.

Despite stringing up 500 rebels, Tresilian couldn’t have been too upset about the disturbance: it also killed off the sitting Chief Justice and opened the seat for a man of Tresilian’s talents and loyalty.

A few years later, Richard would require of this position a legal opinion vindicating his personal authority as against the council his rivals had foisted upon him. Tresilian duly produced a writ affirming the unitary executive authority.

The upshot of this opinion was to put that council at risk of life and limb. It turned out to be more dangerous to its author.

When the Lords Appellant defeated the Ricardian party, Tresilian was among the royal retainers attainted for treason by the vengeful “Merciless Parliament”.

The lords thereupon announced that in matters of such high concern the rules of civil law oculd not be observed; the parliament was itself the supreme judge; it was not to be bound by the forms which guided inferior courts, that were merely the executors of the ancient laws and customs of the realm, and of the ordinances and establishments of parliament.

In a characteristically judge-like juxtaposition of wit, naivete and arrogance, Tresilian was somehow smart enough to go into hiding but dumb enough to hide by disguising himself and hanging around the parliament where his associate, London Mayor Nicholas Brembre, was putting on a theatrically futile defense. Since Tresilian had absconded, he was already judged guilty in absentia and liable to suffer execution immediately upon capture.

This date in 1388, that’s exactly what happened: capture, and summary hanging.

Before they had argued to the finish the end of the trial against Nicholas Brembre, the hapless Tresilian occupied their attention. He had been located above the gutter of a certain house annexed to the wall of the palace, hiding among the roofs the sake of watching the lords coming and going from parliament. However, when resolute soldiers had entered that house and looking around found no one, a certain knight with intent expression strode to the father of the house and pulled his head up by the hair, drawing his dagger, saying, “Show us where Tresilian is or your days are numbered.” Immediately, the terrified father of the household said, “Behold the place where that man is positioned at this moment,” and under a certain round table which was covered for deception with a tablecloth, the unfortunate Tresilian, disguised as usual, was miraculously discovered. His tunic was made out of old russet, extending down to mid-shin, as if he were an old man, and he had a wiry and thick beard, and wore red boots with the soles of Joseph, looking more like a pilgrim or beggar than a king’s justice. This event was immediately made clear to the lords’ ears, and when, quicker than a word, the aforesaid five appellants under a hasty pretext left the parliament without explaining the reason for their departure, all who remain in parliament were stunned, and many others followed them with passionate zeal. And when at the palace gate they had seized Tresilian, leading him toward the parliament, they proclaimed in a universal voice, “We havet hym! We havet hym!” Meanwhile, interrogated in the parliament how he would excuse himself concerning the false treachery of this kind and other things done by him, he remained nonetheless stock-still and mute, his heart hardened even in the face of death, and he would not confess to the things committed. Immediately parliament was broken for the sake of this matter, and on the grounds of dealing with Tresilian they sent away for the day Brembre, who had remained present. And at once Tresilian was led to the Tower of London so that execution of his sentence might be carried out on his person. His wife and daughters, moaning and imploring weepingly, were present at hand there in that place, and with voiceless requests, kissing him first from one side then the other, they forgave him for one or another of the crimes he had committed. But she, overwhelmed with sorrow in her heart, fell to the ground as if dead. At length Tresilian was bound hand and foot to a hurdle, and along with a vast multitude of lords and commoners, horsemen and pedestrians, he was dragged from the back of horses through the city squares, resting at intervals of about the length of a furlong out of considerations of charity, to see if he wanted to repent anything. But alas, he did not publicly confess, and indeed it is not known what he would say to his friar confessor, nor has it been ours to discover: the friars well treated Tresilian, preserving him from his transgression. And when he had come to the place of Calvary that he might be made defunct, he did not want to climb the stairs but goaded by sticks and whips that he might ascend, he said, “While I carry a certain something around me, I am not able to die.” Immediately they stripped him and found particular instructions with particular signs depicted in them, in the manner of astronomical characters; and one depicted a demon’s head, many others were inscribed with demons’ names. With these taken away, he was hanged nude, and for greater certainty of his death his throat was cut.

“His fate,” wrote Baron John Campbell, “seems to have excited little compassion, for he had shown himself ready to mete out like injustice to others, and he had extra-judicially pronounced opinions which, if acted upon, would have been for ever fatal to public liberty.”

Part of the Daily Double: The Merciless Parliament.

Also On This Date

• 1858: Chief Leschi
• 1942: Frank Abbandando and Harry Maione, mob hitmen

On this date in 1858, Chief Leschi of the Nisqually tribe was controversially hanged at Fort Steilacoom (present-day Lakewood) in the Washington Territory.

Yankee officer Isaac Stevens only spent four years in the Washington Territory as Franklin Pierce’s appointed governor, but he left his stamp on the state.

And no project defined the tenure of this authoritarian but effective executive like putting the screws to the native peoples. Growing white settlement in the Pacific Northwest was creating conflict with the Indians who already inhabited it. In time, that conflict would claim Leschi.

Late in 1854, Stevens summoned the chiefs of several tribes in the newly-minted Washington Territory for an offer they couldn’t refuse: pack up and move to reservations of a few square miles’ undesirable territory, ceding 2.5 million acres to white settlers.

Chief Leschi — and it was Stevens’ men who had designated him a “chief”, the operation upon an alien culture of a bureaucracy that required official spokesmen — allegedly refused to sign the Treaty of Medicine Creek, although the evidence is unclear. Whatever the truth of that matter, sufficient signatures were cajoled for the government to ratify an agreement for massive dispossession, and Leschi became a prominent voice in the growing Indian dissatisfaction once the extent of the hustle became clear.

An attempt to arrest Leschi, who increasingly feared white assassination, touched off the Puget Sound War in 1855, and with an analogous conflict brewing on the other side of the Cascade Mountains, all Washington was soon a conflict zone.

That story’s end is predictable enough, but Leschi’s fate was protested by both native and white contemporaries. Leschi was condemned for “murdering” a militiaman during hostilities, a charge whose logic flowed from the rights asserted by American authorities but whose fundamental injustice (even leaving aside the very doubtful factual evidence) seems manifest, as it did to the defendant.

I have supposed that the killing of armed men in wartime was not murder; if it was, the soldiers who killed Indians are guilty of murder too.

George W. Bush would’ve called him an illegal combatant. That was hardly common sentiment.

So much good will did Leschi enjoy among whites — with whom he had years of amicable relations prior to Gov. Stevens’ arrival — that a scheduled January 22 hanging was deviously put off by the sheriff charged with the task: he arranged to have himself arrested on a liquor charge while in possession of the death warrant shortly before Leschi was to have been hung, and the two-hour window allotted for the execution of the sentence elapsed before matters could be put right.

They carried the sentence out four weeks later — “I felt then I was hanging an innocent man,” executioner Charles Grainger would say, “and I believe it yet” — but that hardly put an end to Chief Leschi’s story. The Nisqually have pushed hard for Leschi’s official exoneration, and won a Washington Senate resolution to that effect and an “acquittal” (of no legal force) from a panel of state jurists. But even though it attached to a convicted murderer, Leschi’s was never a black name in the state; it adorns a Seattle neighborhood and a number of schools and other public places. (”Stevens” is similarly prominent.)

There’s an excellent summary of the Leschi case from Oregon Historical Quarterly, a Washington State Historical Society website, and a 1905 public domain book published to make the case for Leschi.

Also On This Date

• 1388: Robert Tresilian, former Chief Justice
• Daily Double: The Merciless Parliament
• 1942: Frank Abbandando and Harry Maione, mob hitmen