Thomas Fleming (judge)
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Sir Thomas Fleming (April 15447 August 1613) was an English judge and politician who sat in the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
at various times between 1581 and 1611. He was judge in the trial of
Guy Fawkes Guy Fawkes (; 13 April 1570 – 31 January 1606), also known as Guido Fawkes while fighting for the Spanish, was a member of a group of provincial English Catholics involved in the failed Gunpowder Plot of 1605. He was born and educated ...
following the
Gunpowder Plot The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I by a group of provincial English Catholics led by Robert Catesby who sought ...
. He held several important offices, including
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
,
Lord Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pre ...
and
Solicitor General for England and Wales His Majesty's Solicitor General for England and Wales, known informally as the Solicitor General, is one of the law officers of the Crown in the government of the United Kingdom. They are the deputy of the Attorney General for England and Wales ...
.


Early life

Fleming was the son of John Fleming, a general trader and
mercer Mercer may refer to: Business * Mercer (car), a defunct American automobile manufacturer (1909–1925) * Mercer (consulting firm), a large human resources consulting firm headquartered in New York City * Mercer (occupation), a merchant or trader, ...
of Newport on the
Isle of Wight The Isle of Wight ( ) is a county in the English Channel, off the coast of Hampshire, from which it is separated by the Solent. It is the largest and second-most populous island of England. Referred to as 'The Island' by residents, the Isle of ...
, and his wife Dorothy Harris. The family lived in a house just to the east of the entrance to the corn market from the High Street in Newport. The Fleming family line had strong historical connections to the Isle of Wight, with several mentions of the name cropping up in previous historical documents and books. He went to school in
Godshill Godshill is a village and civil parish on the Isle of Wight, England, with a population of 1,459 at the 2011 Census. It lies between Newport and Ventnor in the southeast of the island. History Godshill is one of the ancient parishes that exis ...
and studied law at
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
where he was called to the bar in 1574. 'Alumni Oxonienses, 1500–1714: Faber-Flood', Alumni Oxonienses 1500–1714: Abannan-Kyte (1891), pp. 480–509. Date accessed: 13 December 2011
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Career

In 1581, Fleming was elected Member of Parliament for
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after the existing members were dismissed as idle and impotent. He was elected MP for
Winchester Winchester is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs Nation ...
in 1584, and was re-elected in 1593. His progression within the legal profession was fast (possibly due to several personal connections with the monarch); he became a
serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...
in 1594, and shortly afterwards became
Recorder of London The Recorder of London is an ancient legal office in the City of London. The Recorder of London is the senior circuit judge at the Central Criminal Court (the Old Bailey), hearing trials of criminal offences. The Recorder is appointed by the Cr ...
.


Solicitor General

In 1595, on the personal intervention of
Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
, Fleming (in preference to
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
) was promoted to the position of Solicitor General, succeeding Sir
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...
who had become
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
. Historians regard the Queen's decision as a pointed reminder to her courtiers, most of whom had lobbied hard for Bacon, that she had the ultimate power of patronage. Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion". In 1597, Fleming was elected MP for
Hampshire Hampshire (, ; abbreviated to Hants) is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in western South East England on the coast of the English Channel. Home to two major English citi ...
. He purchased the
North Stoneham North Stoneham is a settlement and ecclesiastical parish located in between Eastleigh and Southampton in south Hampshire, England. It was formerly an ancient estate and manor. Until the nineteenth century, it was a rural community comprising a nu ...
estate in 1599 from the young
Henry Wriothesley, 3rd Earl of Southampton Henry Wriothesley, 3rd Earl of Southampton, (pronunciation uncertain: "Rezley", "Rizely" (archaic), (present-day) and have been suggested; 6 October 1573 – 10 November 1624) was the only son of Henry Wriothesley, 2nd Earl of So ...
who inherited the title and estate at the age of eight. He was elected MP for
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in 1601, but his maiden speech on 20 November of that year was a disaster and Fleming broke down; he never addressed the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
again. When
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became King in 1603, Fleming was reappointed Solicitor General and was knighted on 23 July 1603. He was re-elected MP for Southampton for another term in 1604.


Lord Chief Baron

He was elevated to the bench as
Lord Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pre ...
in 1604. It was in this capacity that he tried
Guy Fawkes Guy Fawkes (; 13 April 1570 – 31 January 1606), also known as Guido Fawkes while fighting for the Spanish, was a member of a group of provincial English Catholics involved in the failed Gunpowder Plot of 1605. He was born and educated ...
, having been one of the members of parliament at the time of the
Gunpowder Plot The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I by a group of provincial English Catholics led by Robert Catesby who sought ...
. His conduct during the trial was criticised as he was accused of attempting "to look wise, and say nothing". Another notable case during his tenure as Chief Baron was ''
Bates's Case ''Bates's Case'' or the ''Case of Impositions'' (1606) 2 St Tr 371 is a UK constitutional law case of the Court of the Exchequer, which enabled the King to impose duties for trade. Facts John Bates was a merchant of the Levant Company. He refuse ...
'', also called The Case of Impositions, of 1606, on the power of the Crown to levy taxes without Parliamentary approval. John Bates, a merchant trading with
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, had refused to pay the unpopular tax on the import of currants. Fleming, in giving judgement for the Crown, held in effect that the King had an unlimited power to levy taxes in any way he thought fit: ''the power of the King is both ordinary and absolute... absolute power, existing for the nation's safety, varies with the royal wisdom''. The judgement was controversial and was even said to have contributed to the tensions between
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and
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
in the next reign. Fleming, a merchant's son, also displayed a somewhat cynical attitude to the business community, dismissing appeals to the common good with the scathing remark that ''the end of every private merchant is not the common good but his particular profit''.


Lord Chief Justice

In 1607, on the death of Sir John Popham, Fleming was elevated to the post of
Lord Chief Justice of England Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or a ...
. The following year he obtained a Charter for Incorporation for Newport from the King, providing for the election of a Mayor instead of the historical appointed
Bailiff A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
. He assisted in the establishment of a free
grammar school A grammar school is one of several different types of school in the history of education in the United Kingdom and other English-speaking countries, originally a school teaching Latin, but more recently an academically oriented secondary school ...
in the town. Also in 1608, Fleming was one of the judges at the trial of the '' post nati'' in 1608, siding with the majority of the judges in declaring that persons born in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
after the accession of James I were entitled to the privileges of natural-born subjects in England. The convocation of
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granted him the award of MA on 7 August 1613, which was the day he died.


Death

Fleming died suddenly on 7 August 1613 at
Stoneham Park North Stoneham Park, also known as Stoneham Park, was a landscaped parkland and country house of the same name, north of Southampton at North Stoneham, Hampshire. It was the seat of the Fleming (subsequently Willis Fleming) family. The park was ...
in Hampshire, having given to his servants and farm labourers what was known in Hampshire as a "hearing day." After joining in the festivities, he went to bed, apparently in sound health, but was taken suddenly ill, and died before morning. He was buried in
St. Nicolas' Church, North Stoneham St. Nicolas Church is an Anglican parish church at North Stoneham, Hampshire which originated before the 15th century and is known for its "One Hand Clock" which dates from the early 17th century, and also for various memorials to the famous. Lo ...
, where a stately monument records the numerous successes of his career. Known locally as the "Floating Flemings", it is ornamented with recumbent whole length figures of Fleming in his robes, with his official insignia, and his wife, with ruff and hood, and the singular waist favoured by ladies of the Tudor era. Underneath is the following inscription:


Family

Fleming married on 13 February 1570 to his cousin, Mary James, the daughter of Dr Mark James, who was a personal physician of
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
. They were married at St Thomas' Church, Newport, and lived at
Carisbrooke Carisbrooke is a village on the south western outskirts of Newport, Isle of Wight and is best known as the site of Carisbrooke Castle. It also has a medieval parish church. St Mary's Church (overlooking Carisbrooke High Street with views to the ...
Priory A priory is a monastery of men or women under religious vows that is headed by a prior or prioress. Priories may be houses of mendicant friars or nuns (such as the Dominicans, Augustinians, Franciscans, and Carmelites), or monasteries of mon ...
, the lease of which he purchased from the Secretary of State,
Francis Walsingham Sir Francis Walsingham ( – 6 April 1590) was principal secretary to Queen Elizabeth I of England from 20 December 1573 until his death and is popularly remembered as her "spymaster". Born to a well-connected family of gentry, Wals ...
. They had fifteen children of whom six sons and two daughters survived after Fleming's death. His sons
Thomas Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...
and
Philip Philip, also Phillip, is a male given name, derived from the Greek (''Philippos'', lit. "horse-loving" or "fond of horses"), from a compound of (''philos'', "dear", "loved", "loving") and (''hippos'', "horse"). Prominent Philips who popularize ...
were both members of parliament. His son Francis was
Master of the Horse Master of the Horse is an official position in several European nations. It was more common when most countries in Europe were monarchies, and is of varying prominence today. (Ancient Rome) The original Master of the Horse ( la, Magister Equitu ...
to
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
. Other sons were Walter, John, James and William. His daughters were Elizabeth, Mary, Jane, Eleanor, Dowsabell, Mary and another of name unknown. There was another child of name and gender unknown. Elizabeth married Robert Meverel and their daughter, also Elizabeth, married
Thomas Cromwell, 1st Earl of Ardglass Thomas Cromwell, 1st Earl of Ardglass, 11 June 1594 to 20 November 1653, was an English nobleman, son of Edward Cromwell, 3rd Baron Cromwell and his second wife Frances Rugge. Personal details Thomas Cromwell was born 11 June 1594, eldest son ...
. Fleming's descendants were still in possession of the Stoneham Park estate in 1908. The Fleming Arms
public house A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
and Fleming Road, both in
Swaythling Swaythling is a suburb and electoral ward of the city of Southampton in Hampshire, England. The ward has a population of 13,664. Swaythling is predominantly residential in character, and noted for its large student population due to its proxi ...
, are named after the family. There is another public house of the same name in
Binstead Binstead is a village on the Isle of Wight. It is located in the northeast part of the Island, west of Ryde on the main road A3054 between Ryde and Newport. In the 2011 Census Binstead had been incorporated within Ryde whilst still retaining it ...
, Isle of Wight.


Arms


References


External links


The Willis Fleming Historical Trust

Stoneham Park


{{DEFAULTSORT:Fleming, Thomas 1544 births 1613 deaths People from Newport, Isle of Wight Politicians from Southampton Lord chief justices of England and Wales Chief Barons of the Exchequer Serjeants-at-law (England) English knights Solicitors General for England and Wales 17th-century English judges Politics of Kingston upon Hull English MPs 1572–1583 English MPs 1584–1585 English MPs 1593 English MPs 1601 English MPs 1604–1611 Members of the Spanish Company 16th-century English judges 16th-century English lawyers People from North Stoneham