Robert Bealknap, British justice

Sir Robert Belknap: A Prominent English Judge in Turbulent Times (d. 1401)

Sir Robert Belknap, an influential English judge and Justice of the Peace, whose life spanned much of the tumultuous 14th century, passed away on January 19, 1401. His distinguished legal career saw him navigate the complexities of medieval English law and politics, culminating in his appointment as Chief Justice of the Common Pleas, though his later years were marked by significant political upheaval.

Early Career and Ascendancy through Judicial Commissions

Belknap's earliest recorded presence dates to June 1351, where a papal register of indults, official dispensations issued by the Pope, identifies him as a "clerk, of the diocese of Salisbury" in Wiltshire. This suggests an initial ecclesiastical background, a common path for those destined for legal or administrative careers in the medieval period. His formal entry into public service began in 1353, when he was appointed to a commission tasked with surveying Battle Abbey in Sussex, a prominent Benedictine monastery with significant landholdings and historical importance. This initial engagement proved to be the first of an extensive series of commissions, meticulously documented in extant patent rolls – official governmental records – that continued until 1388.

These commissions showcased Belknap's diverse legal expertise and growing influence. They predominantly focused on critical areas of public administration and justice, including:

• Oyer and Terminer: Commissions of "to hear and to determine," granting broad powers to investigate and try serious criminal offenses, often involving treason, felonies, or major disturbances of the peace.
• Walliis et Fossatis: Commissions related to "walls and ditches," indicating responsibility for overseeing crucial infrastructure projects, particularly those concerning drainage, flood control, and maintaining public waterways. This was vital for agriculture and preventing epidemics.
• Gaol Delivery: Mandates to "deliver" or clear jails, ensuring that prisoners were brought to trial swiftly, a fundamental aspect of medieval justice to prevent prolonged detention without cause.
• Sewers: Specific commissions focused on the maintenance and construction of drainage systems, highlighting his involvement in public health and urban development.
• The Peace: Roles foundational to the evolving Justice of the Peace system, involving maintaining public order, apprehending criminals, and enforcing local statutes.

While Belknap's work on these commissions spanned various parts of England, his primary focus and influence were concentrated in Kent and other areas of southeastern England. His commitment to public service was further solidified on May 18, 1362, when he was officially appointed a Justice of the Peace for Kent. Concurrently, he also began serving as legal counsel, a testament to his burgeoning reputation as a skilled jurist.

Rising Prominence and High Office

The year 1362 proved pivotal for Belknap's career. In July, he collaborated on a significant commission with William of Wykeham, then Bishop of Winchester, a highly influential statesman, architect, and founder of educational institutions like Winchester College and New College, Oxford. Their task was to investigate lands granted to the Bishopric, underscoring Belknap's association with powerful figures and his involvement in complex property law. From this point, his legal career flourished remarkably. By 1371, he was retained as a standing lawyer by Westminster Abbey, one of England's most important religious and royal foundations. His prestige further increased in 1374 when he gained the retainer of John of Gaunt, Duke of Lancaster, the most powerful magnate in England and a son of King Edward III. This connection placed him at the heart of the kingdom's political and legal elite.

In July 1374, Belknap was entrusted with a crucial diplomatic mission, being dispatched to Bruges alongside the renowned theologian and proto-reformer John Wycliffe, and John Gilbert, to negotiate on matters of papal provisions – disputes over the Pope's right to appoint clergy in England, which often conflicted with royal prerogative. Upon his return in September, his dedication and ability were swiftly recognized. On October 10, 1374, he was elevated to the prestigious position of Chief Justice of the Common Pleas, making him the head of one of England's highest common law courts, responsible primarily for civil litigation between subjects. Less than three months later, on December 28, he received the honour of knighthood, cementing his status among the gentry and royal service.

His influence extended into the parliamentary sphere from 1375 to 1388, during which he served as a Trier of Petitions in Parliament. This crucial role involved examining and filtering the numerous petitions submitted by individuals and groups to Parliament, effectively acting as an initial judicial review and shaping the legislative agenda. In 1376, he played a direct role in investigating accusations of embezzlement against Richard Lyons in Essex and Sussex, a high-profile case linked to the 'Good Parliament's' efforts to combat corruption within the royal administration.

The Tumult of Richard II's Reign: Unpopularity and the Peasants' Revolt

Following the death of King Edward III, Belknap was reappointed as Chief Justice under the young Richard II. However, his tenure was marked by increasing unpopularity, particularly during the seismic Peasants' Revolt of 1381. At the height of the rebellion, Belknap was in Essex, presiding over a court of trailbaston. These special commissions, known for their swift and sometimes arbitrary justice, were deeply resented by the common people, who viewed them as instruments of oppression and extortion. So severe was the public's anger that Belknap was physically attacked and forced to promise that he would never again hold such a court. His prominence made him a specific target: when the rebels reached London, his name was among the fifteen individuals whose deaths they vociferously demanded.

Belknap's unpopularity extended even to the powerful citizens of London. He further alienated them by advising against their traditional claim to the coveted position of Chief Butler of England for Richard II's coronation – a prestigious and potentially lucrative ceremonial role. In a remarkable display of public scorn and political mockery, the people of London placed a grotesque model of Belknap's head on a water fountain in the marketplace, arranging it so that it would "vomit" wine as King Richard II passed by, a stark symbol of popular contempt.

The Nottingham Summons and Judicial Crisis

Sir Robert Belknap's ultimate downfall was triggered by his involvement in a constitutional crisis that pitted royal prerogative against parliamentary authority. It began when he advised the parliamentary commission established on November 19, 1386, a body created by what became known as the 'Wonderful Parliament' to reform the King's government and curb perceived abuses of royal power. King Richard II and his inner circle viewed this commission as a direct infringement on the Crown's authority and a challenge to the monarchy's absolute power. On August 25, 1387, in a strategic move away from London at Nottingham Castle, Belknap and his fellow justices were summoned before the King and his close advisors. They were presented with a series of questions designed to elicit a judicial opinion condemning the parliamentary commission as unlawful. Specifically, they were asked whether such a commission was legal, and if not, how those who instigated it should be punished.

Under immense pressure, the justices, including Belknap, responded that the commission was indeed unlawful, and furthermore, that those who had summoned it should be punished as traitors. This judicial pronouncement directly supported the King's absolutist stance and effectively undermined parliamentary checks on royal power. Historical accounts suggest that Belknap himself was deeply reluctant to formally seal these politically charged answers, reportedly only doing so after being explicitly threatened with death by two of the King's most powerful and controversial favourites: Robert de Vere, Duke of Ireland, and Michael de la Pole, Earl of Suffolk. This incident vividly illustrates the perilous position of judges caught between the monarch and a powerful aristocratic opposition.

Attainder, Exile, and Eventual Restoration

The Nottingham answers provoked immediate and severe consequences. In response, a powerful coalition of magnates, known as the Lords Appellant – a group who "appealed" the King's favourites of treason – seized control of the government on November 17, 1387. The subsequent 'Merciless Parliament,' which convened on January 30, 1388, initiated a ruthless purge of the King's allies. Robert Charleton was swiftly appointed as the new Chief Justice of the Common Pleas, and Belknap, along with his fellow justices who had advised the King, was arrested. They were brought to trial on February 27, 1388, specifically charged with treason for their Nottingham answers concerning the legality of the parliamentary commission. The verdict was swift and harsh: they were sentenced to death.

However, due to pleas from several high-ranking figures, including William Courtenay, the influential Archbishop of Canterbury, and Queen Anne, the death sentence was commuted. Instead, Belknap and his colleagues faced the severe penalty of forfeiture and attainder. Attainder meant a 'civil death,' where all property was confiscated by the Crown, and the individual lost all legal rights, including the ability to inherit or transmit property. Belknap was then exiled to Drogheda, Ireland, a distant and isolating punishment.

At the time of his attainder, Sir Robert Belknap possessed an extensive portfolio of manorial properties, underscoring his considerable wealth and status prior to his downfall. These holdings included significant estates across multiple counties:

• Kent: Beachborough Manor, Orpington, Seintling (also known as Saint Mary Cray), Bybrook Manor, Westcombe Manor, Kingsnoth, among others.
• Sussex: Knelle Manor, Wilting Manor.
• Hampshire: Crux Easton, Penton Mewsey.
• Hertfordshire: Rushden, La More Manor.
• Cambridgeshire: Gamlingay, Caldecote.
• Norfolk: Salthouse.
• Bedfordshire: Little Holwell.
• Oxfordshire: Hoo Manor.

The political tides eventually turned in Belknap's favour. In the January 1397 Parliament, King Richard II, having reasserted his authority, orchestrated a reversal of many of the Merciless Parliament's decisions, and consequently, Belknap's attainder and exile were revoked. Further restitution occurred with the first parliament of King Henry IV in October 1399, following the Lancastrian usurpation. Some of Belknap's landholdings were returned to him or to members of his immediate family. Notably, in a precedent-setting case, his wife, Juliana, was permitted to bring suit as a 'feme sole' – a married woman legally permitted to act independently in matters of property and law, an unusual and progressive allowance for the era – to reclaim certain lands. Sir Robert Belknap died less than two years later, on January 19, 1401, and was laid to rest in the historic Rochester Cathedral in Kent, bringing to a close the life of a judge who had witnessed and been shaped by some of England's most turbulent medieval events.

Frequently Asked Questions About Sir Robert Belknap

Who was Sir Robert Belknap?

Sir Robert Belknap was a prominent English judge and Justice of the Peace in the 14th century, best known for serving as Chief Justice of the Common Pleas and for his involvement in the political crises during the reign of King Richard II.

What was Belknap's primary judicial role?

His primary judicial role was Chief Justice of the Common Pleas, the head of one of England's highest common law courts, which primarily handled civil disputes between subjects.

Why was Sir Robert Belknap unpopular during the Peasants' Revolt?

He was unpopular because he presided over 'courts of trailbaston,' special commissions with summary powers that were perceived as instruments of royal oppression and arbitrary justice by the common people. He was even physically attacked by rebels and his death was demanded.

What was the 'Nottingham Summons' and its significance?

The 'Nottingham Summons' was a pivotal event in 1387 where King Richard II questioned Belknap and other justices about the legality of a parliamentary commission designed to reform the government. The justices' ruling that the commission was unlawful, reportedly given under duress, became a key point of contention in the conflict between the King and the Lords Appellant.

What happened to Belknap as a result of the 'Merciless Parliament'?

During the 'Merciless Parliament' of 1388, Belknap was arrested, tried for treason due to his Nottingham answers, and initially sentenced to death. This was commuted to forfeiture of his extensive lands and attainder, followed by exile to Drogheda, Ireland.

Were Sir Robert Belknap's lands ever returned to him?

Yes, his attainder and exile were revoked in 1397 under King Richard II. After Henry IV ascended the throne in 1399, some of his landholdings were returned to him or his family, with his wife Juliana notably being allowed to sue for certain lands as a 'feme sole.'