Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/686

 672 V. BENCH AND BAR is the prophecy of a prophet is known and fulfilled, then it shall be known that the Lord sent the prophet in truth." ^ But the most curious circumstance of that age is a per- formance of Judge Tirwhit, who affords ample proof that no man, not even a judge, can be his own lawyer. Tirwhit had brought an action against the tenants of the manor of Lord de Roos. Both sides were afraid to trust a jury, so the cause was referred to the arbitration of Chief Justice Gascoigne. The Judge thereupon appointed a day, called in the record somewhat cynically, " a loveday," for the par- ties to come before him with their evidences, limiting the witnesses to a few friends of either party. But Tirwhit assembled four hundred men, who lay in wait for Lord de Roos to do him " harme and dishonure." Lord de Roos avoided the ambuscade, but complained to the king. Tir- whit was arraigned before Parliament and acknowledged that " he hath noght born him as he sholde have doon." The suit, by the award of the Archbishop of Canterbury and Lord de Grey, the Chamberlain, was again referred to Gascoigne, while Tirwhit was required to send two tuns of Gascony wine to Melton Roos, the manor-house of Lord de Roos, and to take there " two fatte oxen, and twelfe fat sheepe to be dispensed in a dyner to hem that there shall be," and Tir- whit was to attend the feast with all " the knights and es- quires and yomen " that had made his forces on the " for- said loveday." There he was to offer a full speech of apol- ogy, which concluded: " forasmuche as I am a justice, that more than a comun man scholde have had me more discreetly and peesfully, I know wele that I have failed and offended yow, my Lord the Roos, whereof I beseke yow of grace and mercy and offer you 500 mark to ben paid at your will." But Lord de Roos was to refuse the 500 marks and forgive the judge and all his party. What happened at the feast, how much of the two hogsheads of heady wine were consumed, whether heated with the good cheer the parties fell to fight- ing over the legal issue, and how many good men fell (under ^Our A'ersion has it: "When the word of the prophet shall come to pass, then shall the prophet be known, that the Lord hath truly sent him." Jer. 28 : 9.