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Thomas Fleming (judge)
Encyclopedia
Sir Thomas Fleming was an English
member of Parliament
and judge
, whose most famous case was the trial of Guy Fawkes
in relation to the Gunpowder Plot
. He held several notable offices, including Lord Chief Justice, Lord Chief Baron of the Exchequer
and Solicitor General for England and Wales
.
on the Isle of Wight
. 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line had strong historical connections to the Isle of Wight, with several mentions of the name cropping up in previous historical documents and books. John married Dorothy Harris in 1543 and Thomas was born to them the following April.
Thomas Fleming went to school in Godshill
before attending Oxford University. On 13 February 1570 he married his cousin, Mary James, the daughter of Dr Mark James, who was a personal physician of Queen Elizabeth I
. They were married at St Thomas' Church, Newport, and lived at Carisbrooke
Priory
, the lease of which he purchased from the Secretary of State
, Francis Walsingham
.
in 1574. He became the Member of Parliament
for Kingston upon Hull
in 1572 and Winchester in 1584, serving until 1597. His progression within the legal profession was fast (possibly due to several personal connections with the monarch); he became a serjeant-at-law
in 1594, and shortly afterwards became Recorder of London. In 1595, the Lord Treasurer, Burleigh, promoted Fleming (in preference to Francis Bacon
) to the position of Solicitor General
, succeeding Sir Edward Coke
who had become Attorney General
. Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion."
Fleming continued as a Member of Parliament
(MP) for Hampshire
in 1597 and for Southampton
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 again. Nevertheless, he continued to serve as an MP, representing Southampton
for another term in 1604. When James I
became king in 1603, Fleming was reappointed Solicitor General and received his knight
hood the following year, when he was elevated to the bench as Lord Chief Baron of the Exchequer
. It was in this capacity that he tried Guy Fawkes
, although his conduct during the trial was criticised: he was accused of attempting "to look wise, and say nothing".
Another notable case during his tenure as Chief Baron was Bates' Case of 1606, on the power of the Crown to levy taxes without Parliamentary approval. John Bates, a merchant trading with Turkey
, had refused to pay the unpopular tax on the import of currant
s. Fleming giving judgement for the Crown appeared to give unlimited power to the Crown to levy taxes in any way it thought fit; the judgement was controversial and was even said to have contributed to the tensions between King and Parliament in the next reign. Fleming also displayed a somewhat cynical attitude to the business community, dismissing appeals to the common good with the remark "the end of every private merchant is not the common good but his particular profit".
In 1607, on the death of Sir John Popham, Fleming was elevated to the post of Lord Chief Justice of England. 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
. He assisted in the establishment of a free grammar 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
after the accession of James I were entitled to the privileges of natural-born subjects in England.
estate in 1599 from Henry Wriothesley, a young Earl of Southampton
who inherited the title and estate at the age of eight. 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
, 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:
Fleming's descendants were still in possession of the Stoneham Park estate in 1908. The Fleming Arms public house
and Fleming Road, both in Swaythling
, are named after the family. There is another public house of the same name in Binstead
, Isle of Wight
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, whose most famous case was the trial of Guy Fawkes
Guy Fawkes
Guy Fawkes , also known as Guido Fawkes, the name he adopted while fighting for the Spanish in the Low Countries, belonged to a group of provincial English Catholics who planned the failed Gunpowder Plot of 1605.Fawkes was born and educated in York...
in relation to the Gunpowder Plot
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 of England and VI of Scotland by a group of provincial English Catholics led by Robert Catesby.The plan was to blow up the House of...
. He held several notable offices, including Lord Chief Justice, Lord Chief Baron of the Exchequer
Lord Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" 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 presided in the equity court and answered the bar i.e...
and Solicitor General for England and Wales
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
.
Early life
Fleming's father, John, was a general trader and mercer and the family lived in a house just to the east of the entrance to the corn market from the High Street in NewportNewport, Isle of Wight
Newport is a civil parish and a county town of the Isle of Wight, an island off the south coast of England. Newport has a population of 23,957 according to the 2001 census...
on the Isle of Wight
Isle of Wight
The Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...
. 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. John married Dorothy Harris in 1543 and Thomas was born to them the following April.
Thomas Fleming went to school in Godshill
Godshill
Godshill is a village and civil parish on the Isle of Wight with a population of 1,465 according to the 2001 census. It is located between Newport and Ventnor in the southeast of the Island.-History:...
before attending Oxford University. On 13 February 1570 he married his cousin, Mary James, the daughter of Dr Mark James, who was a personal physician of Queen Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. They were married at St Thomas' Church, Newport, and lived at Carisbrooke
Carisbrooke
Carisbrooke is a village on the south western outskirts of Newport, Isle of Wight. It is best known as the site of Carisbrooke Castle. It also has a medieval parish church. St. Mary's Church , began life as part of a Benedictine priory, established by French monks about 1150...
Priory
Priory
A priory is a house of men or women under religious vows that is headed by a prior or prioress. Priories may be houses of mendicant friars or religious sisters , or monasteries of monks or nuns .The Benedictines and their offshoots , the Premonstratensians, and the...
, the lease of which he purchased from the Secretary of State
Secretary of State (England)
In the Kingdom of England, the title of Secretary of State came into being near the end of the reign of Queen Elizabeth I , the usual title before that having been King's Clerk, King's Secretary, or Principal Secretary....
, Francis Walsingham
Francis Walsingham
Sir Francis Walsingham was Principal Secretary to Elizabeth I of England from 1573 until 1590, and is popularly remembered as her "spymaster". Walsingham is frequently cited as one of the earliest practitioners of modern intelligence methods both for espionage and for domestic security...
.
Career
Fleming studied law, and was called to the bar at Lincoln's InnLincoln's Inn
The Honourable Society of Lincoln's Inn is one of 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. Although Lincoln's Inn is able to trace its official records beyond...
in 1574. He became the Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Kingston upon Hull
Kingston upon Hull (UK Parliament constituency)
Kingston upon Hull, often simply referred to as Hull, was a parliamentary constituency in Yorkshire, electing two Members of Parliament to the House of Commons of the Parliament of the United Kingdom, from 1305 until 1885...
in 1572 and Winchester in 1584, serving until 1597. His progression within the legal profession was fast (possibly due to several personal connections with the monarch); he became a serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
in 1594, and shortly afterwards became Recorder of London. In 1595, the Lord Treasurer, Burleigh, promoted Fleming (in preference to Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...
) to the position of Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
, succeeding Sir Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
who had become Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion."
Fleming continued as a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) for Hampshire
Hampshire (UK Parliament constituency)
Hampshire was a county constituency of the Parliament of the United Kingdom, which returned two Knights of the Shire to the House of Commons from 1295 until 1832...
in 1597 and for Southampton
Southampton (UK Parliament constituency)
Southampton was a parliamentary constituency which was represented in the British House of Commons. Centred on the town of Southampton, it returned two Members of Parliament from 1295 until it was abolished for the 1950 general election....
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 again. Nevertheless, he continued to serve as an MP, representing Southampton
Southampton
Southampton is the largest city in the county of Hampshire on the south coast of England, and is situated south-west of London and north-west of Portsmouth. Southampton is a major port and the closest city to the New Forest...
for another term in 1604. When James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
became king in 1603, Fleming was reappointed Solicitor General and received his knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
hood the following year, when he was elevated to the bench as Lord Chief Baron of the Exchequer
Lord Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" 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 presided in the equity court and answered the bar i.e...
. It was in this capacity that he tried Guy Fawkes
Guy Fawkes
Guy Fawkes , also known as Guido Fawkes, the name he adopted while fighting for the Spanish in the Low Countries, belonged to a group of provincial English Catholics who planned the failed Gunpowder Plot of 1605.Fawkes was born and educated in York...
, although his conduct during the trial was criticised: he was accused of attempting "to look wise, and say nothing".
Another notable case during his tenure as Chief Baron was Bates' Case of 1606, on the power of the Crown to levy taxes without Parliamentary approval. John Bates, a merchant trading with Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, had refused to pay the unpopular tax on the import of currant
Zante currant
The Zante currant , or currant are dried berries of small, sweet, seedless grape variety Black Corinth . The name comes from the Anglo-French phrase "raisins de Corinthe" and the Ionian island of Zakynthos , which was once the major producer and exporter...
s. Fleming giving judgement for the Crown appeared to give unlimited power to the Crown to levy taxes in any way it thought fit; the judgement was controversial and was even said to have contributed to the tensions between King and Parliament in the next reign. Fleming also displayed a somewhat cynical attitude to the business community, dismissing appeals to the common good with the remark "the end of every private merchant is not the common good but his particular profit".
In 1607, on the death of Sir John Popham, Fleming was elevated to the post of Lord Chief Justice of England. The following year he obtained a Charter for Incorporation for Newport from the king, providing for the election of a mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
instead of the historical appointed bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
. He assisted in the establishment of a free grammar school
Grammar school
A grammar school is one of several different types of school in the history of education in the United Kingdom and some other English-speaking countries, originally a school teaching classical languages but more recently an academically-oriented secondary school.The original purpose of mediaeval...
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
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
after the accession of James I were entitled to the privileges of natural-born subjects in England.
Death
Fleming died suddenly on 7 August 1613 at Stoneham Park in Hampshire, having given to his servants and farm-labourers what was known in Hampshire as a "hearing day." He had purchased the North StonehamNorth Stoneham
North Stoneham is a settlement and ecclesiastical parish in south Hampshire, England. It was formerly an ancient estate and manor. Until the nineteenth century, it was a rural community comprising a number of scattered hamlets, including Middle Stoneham, North End, and Bassett Green, and...
estate in 1599 from Henry Wriothesley, a young Earl of Southampton
Earl of Southampton
Earl of Southampton was a title that was created three times in the Peerage of England. The first creation came in 1537 in favour of the courtier William Fitzwilliam. He was childless and the title became extinct on his death in 1542. The second creation came in 1547 in favour of the politician...
who inherited the title and estate at the age of eight. 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, 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.-Location:...
, 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:
Fleming's descendants were still in possession of the Stoneham Park estate in 1908. The Fleming Arms public house
Public house
A public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...
and Fleming Road, both in Swaythling
Swaythling
Swaythling was once a village but over the years it has gradually become a suburb and electoral ward of Southampton in Hampshire, England. The ward has a population of 13,394....
, are named after the family. There is another public house of the same name in Binstead
Binstead
Binstead is a village on the Isle of Wight. It is located in the northeast of the Island, two kilometres west of Ryde on the main road between Ryde and Newport.-Amenities:...
, Isle of Wight
Isle of Wight
The Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...