







 
   
     
       
         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
        
      
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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.
             Hawley, Jerome, b. 1588 or 9.
          
           1 sheet ([1] p.)
           
             W. Jaggard,
             [London :
             1621?]
          
           
             Concerning a dispute between Sture and Sir Miles Fleetwood over inheritance--STC.
             Imprint from STC.
             Reproduction of original in the Guildhall Library, London, England.
          
        
      
    
     
       
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         eng
      
       
         
           Fleetwood, Miles, d. 1641 -- Early works to 1800.
           Inheritance and succession -- Early works to 1800.
        
      
    
     
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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.
                 
              
            
          
           
             〈…〉
          
        
      
    
     
  

