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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A72256 To the honourable, the knights, citizens, and burgesses of the Commons House of Parliament The humble petition of Ierom Hawley Esquire, for and on the behalfe of Phillip Sture an infant, the sonne and heire of Tristram Sture. Hawley, Jerome, b. 1588 or 9. 1621 (1621) STC 12967.5; ESTC S124988 2,422 1

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To the Honourable the Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of Ierom Hawley Esquire for and on the behalfe of Phillip Sture an infant the sonne and heire of Tristram Sture Phillip Sture Iohn Sture Henry Henry who died without issue Frances a daughter 15. yeeres old Tristram Phillip six yeeres olde HVmbly sheweth That Phillip Sture the common ancester 21. Eliz. vpon the marriage of Iohn Sture his son and heire with Elizabeth one of the daughters of Sir Robert Denis made a conueyance of his Lands whereof the greatest part he limited by that conueyance to the heires males some to the heyres of the body of Iohn Sture And the rest he suffered to discend in fee-simple This estate taile hath bin found in foure seuerall succeeding Offices vpon the seuerall deaths of Phillip Sture Iohn Sture Henry Sture Henry Sture wherof in the 2. first offices the deeds are found in hec verba There are fifty Leases all reseruing rent to the heires males whereof the first Lease recites a power contained in the deed of intaile to make Leases Yet Sir Miles Fletwood hauing gotten the Wardship of Frances the heire generall and to aduance a marriage for his sonne after 35. yeeres peace that is to say Hil. 12. Iac. to draw into question this intaile against Tristram then heire male did so farre preuaile as that Hil. 13. Iac. he obtained a Decree This Decree hath these parts 1. It doth direct a Iury in matter of fact and commandeth them to finde that the most part of the Lands limited to the heires male did not passe by the conueyance 2. It restraines a Iury to finde otherwise then is thereby directed 3. It inioynes the defendant from giuing of euidence vnto the Iurie 4. It forbids the Commissioners to take any verdict offered by the Iury if it pursue not the directions of the Decree Sir Miles Fletwood vpon this Decree tooke forth three seuerall Commissions 18. Martij 13. Iac. a Iury was impannelled in the Country heard their euidence were agreed for the heire male Sir Miles Fletwood a iudiciall officer in the Court did prosecute this cause in person and discouering the opinion of the Iury did publikely chide them and with much importunity perswaded the Iury to craue further time to consider of their euidence and thereuppon at the instance of Sir Miles Fletwood they were adiourned ouer vnto the next Sessions But in the meane time Sir Miles got that Iury to be discharged vpon a bare suggestion that the Iury was too meane to trie so great a matter whereas M. Thomas Isacke the Foreman is a wise vnderstanding Gentleman and hath aboue 800. li. Land per annum and 14. of the rest of that Iury he that had least was worth 3000. li. In Easter Terme 14. Iac. a new Iury of Esquires and Gentlemen was returned in Iuly 14. Iac. they heard their euidence in the Country Sir Miles stil prosecuting in person But Sir Miles Fletwood afterward perceiuing that the Iury had declared themselues to be against his pretended Title got that second Iury likewise to be discharged and a new Iury of Knights and Esquires to be returned who were enioyned to appeare at the barre Which Iury accordingly appeared in Easter Terme 15. Iac. the heire male brought his witnesses out of Deuon his Councell to the barre But none were heard the Iury was sent from the barre and charged to find according to the Decree This matter being notorious to the Country the Iury returned answer that the Decree alone gaue their consciences no satisfaction vnlesse they might receiue euidence they could finde no office Whereupon after 3. or 4. dayes attendance they were adiourned ouer til Michaelmas Terme following No. 3. they appeared againe at the barre continued still of the same minde were bound to appeare de die in diem were examined vpon Interrogatories were threatned with fines and imprisonment were continued so from day to day aboue 3. weekes and then M. Hingston dying in that seruice the rest of the Iury were discharged By this time Sir Miles Fletwood did perceiue that able and vnderstanding men were not for his purpose and therefore it was deuised that a meaner Iury would be found more tractable and thereupon a fourth Iury was returned but that was so meane as that vpon the Commissioners certificate 8. of them were discharged for insufficiency and 8. others put into their roomes This Iury was often summoned but the example of the precedent Iury so terrified them as that so long as there was any order to force them vp to the bar they could neuer be drawne to appeare but that order being discontinued the Iury presently appeared were sworne and charged in the Country the heire-male brought his witnesses and Councell pressed the Commissioners to proceed but the Councell for Sir Miles Fletwood pretended they were not ready and therefore desired that the Iurie might be discontinued which vpon their motion was done accordingly This Iury being thus discharged Sir Miles inuented a new proiect got an order for the resummoning of the same Iury againe drew paper draughts of such offices as he desired to be found procured the Court to signe those paper draughts and by order to giue directions vnto the Commissioners not onely to fine the Iury but likewise to binde them ouer to the barre if they refused to finde the said offices Depending this Iury the heire male was a sutor to the Court to review the Decree vpon a long suit and many daies hearing in Court by the honorable Iustice of the now Master the heire male was set at liberty from that Decree Onely this inconuenience still rests vpon the heire male That there is a sixt Iury returned and by the solicitation of S. Miles they are enioyned to appeare at the bar there to heare their euidence This course is conceiued to be 1. A great taxation to the Country to draw Iurors to London almost 200. miles from their dwellings to finde offices 2. A great mischiefe to the heire male For by this deuice he shall lose the benefit of his witnesses they being many in number and some of them blinde and very old and cannot be brought to London beside the great charge hee hath already sustayned amounting to 1200. li. by meanes of this vexation Sir Miles Fletwood hath bin finding of an office now full 7. yeares and more He hath had 14. seuerall Commissions and 6. seuerall Iuries Those Iuries haue attended aboue 20. seuerall adiournments The Wards rents are sequestred His Maiestie is kept by these suits from the composition and benefit of Wardship Therefore it is humbly prayed That by the wisedome of this honourable Parliament some prouision may be made 1. That the conscience of Iurors be not from henceforth restrained in questions of fact 2. That the subiect may be at liberty to giue euidence 3. That no Iury be drawne to the Barre out of the proper Countie to finde any office 4. That no Office be an informer in the same Court 〈…〉