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{{short description|English politician and lawyer}}
{{Short description|English politician and lawyer}}
{{Other people|Thomas Fleming}}
{{Other people|Thomas Fleming}}
{{Use dmy dates|date=January 2024}}
{{EngvarB|date=October 2013}}
{{EngvarB|date=October 2013}}
{{Infobox person
{{Infobox officeholder
|name = Thomas Fleming
| honorific-prefix = Sir
|image = SirThomasFleming.jpg
| name = Thomas Fleming
| image = Sir Thomas Fleming by Marcus Gheeraerts.jpg
|image_size = 200px
|caption = Sir Thomas Fleming
| caption = Portrait by [[Marcus Gheeraerts the Younger]]
| office = [[Lord Chief Justice of the King's Bench]]
|birth_name =
| monarch = [[James I of England|James I]]
|birth_date = April 1544
| term_start = 1607
|birth_place = [[Newport, Isle of Wight]]
| term_end = 1613
|death_date = {{death date|1613|8|7|df=y}}
| predecessor = [[John Popham (judge)|Sir John Popham]]
|death_place = [[North Stoneham|Stoneham Park, Hampshire]]
| successor = [[Sir Edward Coke]]
|death_cause =
| birth_date = April 1544
|resting_place = [[Stoneham Park|Stoneham Park, Hampshire]]
| birth_place = [[Newport, Isle of Wight]], England
|resting_place_coordinates =
| death_date = {{death date and age|df=y|1613|8|7|1544|4}}
|residence = [[Stoneham Park|Stoneham Park, Hampshire]]
| death_place = [[North Stoneham Park|Stoneham Park, Hampshire]], England
|nationality = British
| resting_place = St Nicolas' Church, [[North Stoneham]], England
|ethnicity =
| resting_place_coordinates =
|citizenship =
| nationality = British
|other_names =
|known_for = Judge, Lord Chief Justice of England and Wales, Chief Baron of the Exchequer
| known_for = Judge, Lord Chief Justice of England and Wales, Chief Baron of the Exchequer
|education = [[Godshill]] School and [[Lincoln's Inn]]
| education = [[Godshill]] School and [[Lincoln's Inn]]
| spouse = {{marriage|Mary James|13 February 1570}}
|alma_mater =
| children = 7 sons, 7 daughters
|employer =
| parents = John Fleming, Dorothy Harris
|occupation =
|home_town =
|title =
|salary =
|networth =
|height =
|weight =
|term =
|predecessor =
|successor =
|party =
|boards =
|religion =
|spouse = Mary James
|partner =
|children = 7 sons, 7 daughters
|parents = John Fleming, Dorothy Harris
|relations =
|callsign =
|signature =
|website =
|footnotes =
}}
}}


'''Sir Thomas Fleming''' (April 15447 August 1613) was an English judge and politician who sat in the [[House of Commons of England|House of Commons]] at various times between 1581 and 1611. He was judge in the trial of [[Guy Fawkes]] following the [[Gunpowder Plot]].<ref>{{cite web|url=http://www.npg.org.uk/live/search/person.asp?LinkID=mp01612|title=Sir Thomas Fleming (1544–1613)|publisher=National Portrait Gallery|accessdate=27 November 2008}}</ref> He held several important offices, including [[Lord Chief Justice]], [[Lord Chief Baron of the Exchequer]] and [[Solicitor General for England and Wales]].
'''Sir Thomas Fleming''' (April 1544{{snd}}7 August 1613) was an English judge and politician who sat in the [[House of Commons of England|House of Commons]] at various times between 1581 and 1611. He was judge in the trial of [[Guy Fawkes]] following the [[Gunpowder Plot]].<ref>{{cite web|url=http://www.npg.org.uk/live/search/person.asp?LinkID=mp01612|title=Sir Thomas Fleming (1544–1613)|publisher=National Portrait Gallery|access-date=27 November 2008}}</ref> He held several important offices, including [[Lord Chief Justice]], [[Lord Chief Baron of the Exchequer]] and [[Solicitor General for England and Wales]].


==Early life==
==Early life==
Fleming was the son of John Fleming, a general trader and [[mercer (occupation)|mercer]] of [[Newport, Isle of Wight|Newport]] on the [[Isle of Wight]], 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.<ref name="adams">{{cite book|last=Adams|first=William Henry Davenport|title=Nelsons' hand-book to the Isle of Wight|publisher=Oxford University|year=1862|pages=181–183|url=https://books.google.co.uk/books?id=1REHAAAAQAAJ|accessdate=27 November 2008}}</ref> 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.<ref name="adams" /> He went to school in [[Godshill]]<ref name="adams" /> and studied law at [[Lincoln's Inn]] where he was called to the bar in 1574.<ref name=Alumni>[http://www.british-history.ac.uk/report.aspx?compid=117058 'Alumni Oxonienses, 1500–1714: Faber-Flood', Alumni Oxonienses 1500–1714: Abannan-Kyte (1891), pp. 480–509. Date accessed: 13 December 2011]</ref>
Fleming was the son of John Fleming, a general trader and [[Mercery|mercer]] of [[Newport, Isle of Wight|Newport]] on the [[Isle of Wight]], 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.<ref name="adams">{{cite book|last=Adams|first=William Henry Davenport|title=Nelsons' hand-book to the Isle of Wight|publisher=Oxford University|year=1862|pages=181–183|url=https://books.google.com/books?id=1REHAAAAQAAJ|access-date=27 November 2008}}</ref> 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.<ref name="adams" /> He went to school in [[Godshill]]<ref name="adams" /> and studied law at [[Lincoln's Inn]] where he was called to the bar in 1574.<ref name=Alumni>[http://www.british-history.ac.uk/report.aspx?compid=117058 'Alumni Oxonienses, 1500–1714: Faber-Flood', Alumni Oxonienses 1500–1714: Abannan-Kyte (1891), pp. 480–509. Date accessed: 13 December 2011]</ref>


==Career==
==Career==
In 1581, Fleming was elected Member of Parliament for [[Kingston upon Hull (UK Parliament constituency)|Kingston upon Hull]] after the existing members were dismissed as idle and impotent. He was elected MP for [[Winchester (UK Parliament constituency)|Winchester]] in 1584, and was re-elected in 1593.<ref name=HoP>{{cite web | url = http://www.historyofparliamentonline.org/volume/1558-1603/member/fleming-thomas-i-1544-1613| title = History of Parliament| publisher = History of Parliament Trust| accessdate=22 October 2011}}</ref> 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]].<ref name="adams" />
In 1581, Fleming was elected Member of Parliament for [[Kingston upon Hull (UK Parliament constituency)|Kingston upon Hull]] after the existing members were dismissed as idle and impotent. He was elected MP for [[Winchester (UK Parliament constituency)|Winchester]] in 1584, and was re-elected in 1593.<ref name=HoP>{{cite web | url = http://www.historyofparliamentonline.org/volume/1558-1603/member/fleming-thomas-i-1544-1613| title = History of Parliament| publisher = History of Parliament Trust| access-date=22 October 2011}}</ref> 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]].<ref name="adams" />


===Solicitor General===
===Solicitor General===
In 1595, on the personal intervention of [[Elizabeth I]], Fleming (in preference to [[Francis Bacon]]) was promoted to the position of [[Solicitor General for England and Wales|Solicitor General]], succeeding Sir [[Edward Coke]] who had become [[Attorney General]].<ref name="adams" /> 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.<ref>Sir [[J. E. Neale]] ''Elizabeth I'' Pelican Books reissue pp.340–1</ref> Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion."<ref name="EB1911" />
In 1595, on the personal intervention of [[Elizabeth I]], Fleming (in preference to [[Francis Bacon]]) was promoted to the position of [[Solicitor General for England and Wales|Solicitor General]], succeeding Sir [[Edward Coke]] who had become [[Attorney General]].<ref name="adams" /> 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.<ref>Sir [[J. E. Neale]] ''Elizabeth I'' Pelican Books reissue pp.340–1</ref> Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion".<ref name="EB1911" />


In 1597, Fleming was elected MP for [[Hampshire (UK Parliament constituency)|Hampshire]]. He purchased the [[North Stoneham]] estate in 1599<ref name="Wilis Fleming">{{cite web|url=http://www.willisfleming.org.uk/estates/hants_and_iow/index.html|title=The 'Fleming Estate' in Hampshire & the Isle of Wight|publisher=Willis Fleming Historical Trust|accessdate=27 November 2008}}</ref> from the young [[Henry Wriothesley, 3rd Earl of Southampton]] who inherited the title and estate at the age of eight.<ref name="page">{{cite book | last = Page | first = William | authorlink = | coauthors = | title = A History of the County of Hampshire: Volume 3 | publisher = | year = 1908 | location = | pages = 478–481. | url = http://www.british-history.ac.uk/report.aspx?compid=42034 | doi = | id = | isbn = }}</ref> He was elected MP for [[Southampton (UK Parliament constituency)|Southampton]] in 1601,<ref name = HoP/> but his maiden speech on 20 November of that year was a disaster and Fleming broke down; he never addressed the [[House of Commons of the United Kingdom|House of Commons]] again.<ref name="adams" /> When [[James I of England|James I]] became King in 1603, Fleming was reappointed Solicitor General and was knighted on 23 July 1603.<ref name=Alumni/> He was re-elected MP for Southampton for another term in 1604.<ref name="adams" />
In 1597, Fleming was elected MP for [[Hampshire (UK Parliament constituency)|Hampshire]]. He purchased the [[North Stoneham]] estate in 1599<ref name="Wilis Fleming">{{cite web|url=http://www.willisfleming.org.uk/estates/hants_and_iow/index.html|title=The 'Fleming Estate' in Hampshire & the Isle of Wight|publisher=Willis Fleming Historical Trust|access-date=27 November 2008}}</ref> from the young [[Henry Wriothesley, 3rd Earl of Southampton]] who inherited the title and estate at the age of eight.<ref name="page">{{cite book | last = Page | first = William | title = A History of the County of Hampshire: Volume 3 | year = 1908 | pages = 478–481 | url = http://www.british-history.ac.uk/report.aspx?compid=42034 }}</ref> He was elected MP for [[Southampton (UK Parliament constituency)|Southampton]] in 1601,<ref name = HoP/> but his maiden speech on 20 November of that year was a disaster and Fleming broke down; he never addressed the [[House of Commons of the United Kingdom|House of Commons]] again.<ref name="adams" /> When [[James I of England|James I]] became King in 1603, Fleming was reappointed Solicitor General and was knighted on 23 July 1603.<ref name=Alumni/> He was re-elected MP for Southampton for another term in 1604.<ref name="adams" />


===Lord Chief Baron===
===Lord Chief Baron===
He was elevated to the bench as [[Lord Chief Baron of the Exchequer]] in 1604.<ref name="adams" /> It was in this capacity that he tried [[Guy Fawkes]], having been one of the members of parliament at the time of the [[Gunpowder Plot]]. His conduct during the trial was criticised as he was accused of attempting "to look wise, and say nothing".<ref name="adams" />
[[File:Sir Thomas Fleming by Marcus Gheeraerts.jpg|thumb|right|Sir Thomas Fleming by [[Marcus Gheeraerts the Younger]].]]
He was elevated to the bench as [[Lord Chief Baron of the Exchequer]] in 1604.<ref name="adams" /> It was in this capacity that he tried [[Guy Fawkes]], having been one of the members of parliament at the time of the [[Gunpowder Plot]]. His conduct during the trial was criticised as he was accused of attempting "to look wise, and say nothing".<ref name="adams" />


Another notable case during his tenure as Chief Baron was ''[[Bates's Case]]'', 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 [[Turkey]], had refused to pay the unpopular tax on the import of [[Zante currant|currant]]s. 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 [[Charles I of England|Charles I]] and [[Parliament of England|Parliament]] 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''
Another notable case during his tenure as Chief Baron was ''[[Bates's Case]]'', 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 [[Turkey]], had refused to pay the unpopular tax on the import of [[Zante currant|currant]]s. 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 [[Charles I of England|Charles I]] and [[Parliament of England|Parliament]] 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''.<ref>[[State Trials]], Volume 2</ref>
.<ref>[[State Trials]], Volume 2</ref>


===Lord Chief Justice===
===Lord Chief Justice===


In 1607, on the death of Sir [[John Popham (judge)|John Popham]], Fleming was elevated to the post of [[Lord Chief Justice of England]].<ref name="adams" /> 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]].<ref name="adams" /> He assisted in the establishment of a free [[grammar school]] in the town.<ref name="adams" /> 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.<ref name="EB1911">{{Cite EB1911|title=Fleming, Sir Thomas|volume=10|page=495|url=https://archive.org/stream/encyclopaediabri10chisrich#page/495/mode/1up}}</ref> The convocation of [[Oxford University]] granted him the award of MA on 7 August 1613, which was the day he died.<ref name=Alumni/>
In 1607, on the death of Sir [[John Popham (judge)|John Popham]], Fleming was elevated to the post of [[Lord Chief Justice of England]].<ref name="adams" /> 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]].<ref name="adams" /> He assisted in the establishment of a free [[grammar school]] in the town.<ref name="adams" /> 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.<ref name="EB1911">{{EB1911|inline=y|wstitle=Fleming, Sir Thomas|volume=10|page=495}}</ref> The convocation of [[Oxford University]] granted him the award of MA on 7 August 1613, which was the day he died.<ref name=Alumni/>


==Death==
==Death==
[[File:Fleming tomb.jpg|thumb|Fleming's tomb, which is shared with his wife; the surviving children are represented by the praying statuettes]]
[[File:Fleming tomb.jpg|thumb|Fleming's tomb, which is shared with his wife; the surviving children are represented by the praying statuettes]]
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."<ref name="adams" /> After joining in the festivities, he went to bed, apparently in sound health, but was taken suddenly ill, and died before morning.<ref name="adams" /> He was buried in [[St. Nicolas' Church, North Stoneham]], where a stately monument<ref>{{cite web |url=http://www.artandarchitecture.org.uk/images/full/533bda7b4d495d49612377b82b80293d3e0906a1.html?ixsid=JyqyiJ2NQjA |title=Monument to Thomas Fleming and his wife |first= |last= |date= |page= |work=Art & Architecture |publisher=The Courtauld Institute of Art|accessdate=25 November 2009 }}</ref><ref>{{cite web |url=http://www.artandarchitecture.org.uk/images/full/487465f8ec0e87c8c5894dbc75ca2006f4f04296.html |title=Monument to Thomas Fleming and his wife |first= |last= |date= |page= |work=Art & Architecture |publisher=The Courtauld Institute of Art|accessdate=25 November 2009 }}</ref> records the numerous successes of his career.<ref name="adams" /> Known locally as the "Floating Flemings",<ref>{{cite book |title= Book of the Stonehams|last= Mann|first= John Edgar |year= 2002|publisher= Halsgrove |location= Tiverton |isbn= 1-84114-213-1|page= 43}}</ref> 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.<ref name="adams" /> Underneath is the following inscription:
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."<ref name="adams" /> After joining in the festivities, he went to bed, apparently in sound health, but was taken suddenly ill, and died before morning.<ref name="adams" /> He was buried in [[St. Nicolas' Church, North Stoneham]], where a stately monument<ref>{{cite web |url=http://www.artandarchitecture.org.uk/images/full/533bda7b4d495d49612377b82b80293d3e0906a1.html?ixsid=JyqyiJ2NQjA |title=Monument to Thomas Fleming and his wife |work=Art & Architecture |publisher=The Courtauld Institute of Art|access-date=25 November 2009 }}</ref><ref>{{cite web |url=http://www.artandarchitecture.org.uk/images/full/487465f8ec0e87c8c5894dbc75ca2006f4f04296.html |title=Monument to Thomas Fleming and his wife |work=Art & Architecture |publisher=The Courtauld Institute of Art|access-date=25 November 2009 }}</ref> records the numerous successes of his career.<ref name="adams" /> Known locally as the "Floating Flemings",<ref>{{cite book |title= Book of the Stonehams|last= Mann|first= John Edgar |year= 2002|publisher= Halsgrove |location= Tiverton |isbn= 1-84114-213-1|page= 43}}</ref> 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.<ref name="adams" /> Underneath is the following inscription:


{{cquote|In most Assvred Hope of A Blessed Resvrection, Here Lyeth Interred ye Bodie of Sir Thomas Flemyng, Knight, Lord Chief Jvstice of England; Great Was His Learning, Many Were His Virtves. He Always Feared God & God Still Blessed Him & ye Love & Favour Both of God & Man Was Daylie Upon Him. He Was in Especiall Grace & Favour With 2 Most Worthie & Virtvovs Princes Q. Elizabeth & King James. Many Offices and Dygnities Were Conferred Upon Him. He Was First Sargeant at Law, Then Recorder of London; Then Solicitor Generall to Both ye Said Princes. Then Lo: Chief Baron of ye Exchequer & after Lo: Chief Jvstice of England. All Which Places He Did Execvte With So Great Integrity, Justice & Discretion that Hys Lyfe Was Of All Good Men Desired, His Death Of All Lamented. He Was Borne at Newporte In ye Isle Of Wight, Brough Up In Learning & ye Studie Of ye Lawe. In ye 26 Yeare Of His Age He Was coopled in ye Blessed State of Matrimony To His Virtvovs Wife, ye La: Mary Fleming, With whom He Lived & Continewed In that Blessed Estate By ye Space Of 43 Yeares. Having By Her In that Tyme 15 Children, 8 Sonnes & 7 Davghters, Of Whom 2 Sonnes & 5 Davghters Died In His Life Time. And Afterwards In Ripeness of Age and Fulness of Happie yeares yt Is to Saie ye 7th Day of Avgvst 1613 in ye 69 Yeare Of His Age, He Left This Life For a Better, Leaving Also Behind Him Livinge Together With His Virtvovs Wife 6 Soones & 2 Davghters.}}<ref name="adams" />
{{cquote|In most Assvred Hope of A Blessed Resvrection, Here Lyeth Interred ye Bodie of Sir Thomas Flemyng, Knight, Lord Chief Jvstice of England; Great Was His Learning, Many Were His Virtves. He Always Feared God & God Still Blessed Him & ye Love & Favour Both of God & Man Was Daylie Upon Him. He Was in Especiall Grace & Favour With 2 Most Worthie & Virtvovs Princes Q. Elizabeth & King James. Many Offices and Dygnities Were Conferred Upon Him. He Was First Sargeant at Law, Then Recorder of London; Then Solicitor Generall to Both ye Said Princes. Then Lo: Chief Baron of ye Exchequer & after Lo: Chief Jvstice of England. All Which Places He Did Execvte With So Great Integrity, Justice & Discretion that Hys Lyfe Was Of All Good Men Desired, His Death Of All Lamented. He Was Borne at Newporte In ye Isle Of Wight, Brough Up In Learning & ye Studie Of ye Lawe. In ye 26 Yeare Of His Age He Was coopled in ye Blessed State of Matrimony To His Virtvovs Wife, ye La: Mary Fleming, With whom He Lived & Continewed In that Blessed Estate By ye Space Of 43 Yeares. Having By Her In that Tyme 15 Children, 8 Sonnes & 7 Davghters, Of Whom 2 Sonnes & 5 Davghters Died In His Life Time. And Afterwards In Ripeness of Age and Fulness of Happie yeares yt Is to Saie ye 7th Day of Avgvst 1613 in ye 69 Yeare Of His Age, He Left This Life For a Better, Leaving Also Behind Him Livinge Together With His Virtvovs Wife 6 Soones & 2 Davghters.<ref name="adams" />}}


==Family==
==Family==
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Fleming married on 13 February 1570 to his cousin, Mary James, the daughter of Dr Mark James, who was a personal physician of [[Elizabeth I of England|Queen Elizabeth I]].<ref name="adams" /> They were married at St Thomas' Church, Newport, and lived at [[Carisbrooke]] [[Priory]], the lease of which he purchased from the [[Secretary of State (England)|Secretary of State]], [[Francis Walsingham]].<ref name="adams" /> They had fifteen children of whom six sons and two daughters survived after Fleming's death. His sons [[Thomas Fleming (died 1624)|Thomas]] and [[Philip Fleming (MP)|Philip]] were both members of parliament. His son Francis was [[Master of the Horse]] to [[Oliver Cromwell]]. 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]].
Fleming married on 13 February 1570 to his cousin, Mary James, the daughter of Dr Mark James, who was a personal physician of [[Elizabeth I of England|Queen Elizabeth I]].<ref name="adams" /> They were married at St Thomas' Church, Newport, and lived at [[Carisbrooke]] [[Priory]], the lease of which he purchased from the [[Secretary of State (England)|Secretary of State]], [[Francis Walsingham]].<ref name="adams" /> They had fifteen children of whom six sons and two daughters survived after Fleming's death. His sons [[Thomas Fleming (died 1624)|Thomas]] and [[Philip Fleming (MP)|Philip]] were both members of parliament. His son Francis was [[Master of the Horse]] to [[Oliver Cromwell]]. 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]].


Fleming's descendants were still in possession of the Stoneham Park estate in 1908.<ref name="page" /> 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
Fleming's descendants were still in possession of the Stoneham Park estate in 1908.<ref name="page" /> 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.

==Arms==
{{Infobox COA wide
|image = Sir Thomas Fleming Escutcheon.png
|notes = Recorded at the Visitation of London in 1568.<ref>{{cite book|title=The visitation of London in the year 1568. : Taken by Robert Cooke, Clarenceux king of arms, and since augmented both with descents and arms. |publisher=The Harleian Society |date=1869}}</ref>
|escutcheon = Gules on a chevron between three owls Argent an ermine spot Sable.}}


==References==
==References==
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| before= [[Sir Benjamin Tichborne, 1st Baronet|Benjamin Tichborne]]
| before= [[Sir Benjamin Tichborne, 1st Baronet|Benjamin Tichborne]]
| before2= [[Thomas West (MP died 1622)|Thomas West]]
| before2= [[Thomas West (MP died 1622)|Thomas West]]
| with= [[Richard Mill]]
| with= [[Richard Mill (MP for Hampshire)|Richard Mill]]
| years=1597
| years=1597
| after= [[Henry Wallop (died 1642)|Sir Henry Wallop]]
| after= [[Henry Wallop (died 1642)|Sir Henry Wallop]]
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{{succession box | title=[[Lord Chief Justice]] | before = Sir [[John Popham (judge)|John Popham]] | after = Sir [[Edward Coke]] | years = 1607–1613}}
{{succession box | title=[[Lord Chief Justice]] | before = Sir [[John Popham (judge)|John Popham]] | after = Sir [[Edward Coke]] | years = 1607–1613}}
{{s-end}}
{{s-end}}

{{Use dmy dates|date=October 2013}}


{{Authority control}}
{{Authority control}}
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[[Category:1613 deaths]]
[[Category:1613 deaths]]
[[Category:People from Newport, Isle of Wight]]
[[Category:People from Newport, Isle of Wight]]
[[Category:People from Southampton]]
[[Category:Politicians from Southampton]]
[[Category:Lord Chief Justices of England and Wales]]
[[Category:Lord chief justices of England and Wales]]
[[Category:Chief Barons of the Exchequer]]
[[Category:Chief Barons of the Exchequer]]
[[Category:Serjeants-at-law (England)]]
[[Category:Serjeants-at-law (England)]]
[[Category:People of the Tudor period]]
[[Category:People of the Stuart period]]
[[Category:English knights]]
[[Category:English knights]]
[[Category:Solicitors General for England and Wales]]
[[Category:Solicitors General for England and Wales]]
[[Category:17th-century English judges]]
[[Category:17th-century English judges]]
[[Category:Politics of Kingston upon Hull]]
[[Category:Politics of Kingston upon Hull]]
[[Category:Politics of Hampshire]]
[[Category:English MPs 1572–1583]]
[[Category:English MPs 1572–1583]]
[[Category:English MPs 1584–1585]]
[[Category:English MPs 1584–1585]]
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[[Category:16th-century English judges]]
[[Category:16th-century English judges]]
[[Category:16th-century English lawyers]]
[[Category:16th-century English lawyers]]
[[Category:People from North Stoneham]]

Latest revision as of 19:15, 29 April 2024

Sir
Thomas Fleming
Lord Chief Justice of the King's Bench
In office
1607–1613
MonarchJames I
Preceded bySir John Popham
Succeeded bySir Edward Coke
Personal details
BornApril 1544
Newport, Isle of Wight, England
Died7 August 1613(1613-08-07) (aged 69)
Stoneham Park, Hampshire, England
Resting placeSt Nicolas' Church, North Stoneham, England
Spouse
Mary James
(m. 1570)
Children7 sons, 7 daughters
Parent(s)John Fleming, Dorothy Harris
EducationGodshill School and Lincoln's Inn
Known forJudge, Lord Chief Justice of England and Wales, Chief Baron of the Exchequer

Sir Thomas Fleming (April 1544 – 7 August 1613) was an English judge and politician who sat in the House of Commons at various times between 1581 and 1611. He was judge in the trial of Guy Fawkes following the Gunpowder Plot.[1] He held several important offices, including Lord Chief Justice, Lord Chief Baron of the Exchequer and Solicitor General for England and Wales.

Early life[edit]

Fleming was the son of John Fleming, a general trader and mercer of Newport on the Isle of Wight, 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.[2] 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.[2] He went to school in Godshill[2] and studied law at Lincoln's Inn where he was called to the bar in 1574.[3]

Career[edit]

In 1581, Fleming was elected Member of Parliament for Kingston upon Hull after the existing members were dismissed as idle and impotent. He was elected MP for Winchester in 1584, and was re-elected in 1593.[4] 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.[2]

Solicitor General[edit]

In 1595, on the personal intervention of Elizabeth I, Fleming (in preference to Francis Bacon) was promoted to the position of Solicitor General, succeeding Sir Edward Coke who had become Attorney General.[2] 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.[5] Fleming was praised by his contemporaries, more particularly Coke, for his "great judgments, integrity and discretion".[6]

In 1597, Fleming was elected MP for Hampshire. He purchased the North Stoneham estate in 1599[7] from the young Henry Wriothesley, 3rd Earl of Southampton who inherited the title and estate at the age of eight.[8] He was elected MP for Southampton in 1601,[4] 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.[2] When James I became King in 1603, Fleming was reappointed Solicitor General and was knighted on 23 July 1603.[3] He was re-elected MP for Southampton for another term in 1604.[2]

Lord Chief Baron[edit]

He was elevated to the bench as Lord Chief Baron of the Exchequer in 1604.[2] It was in this capacity that he tried Guy Fawkes, having been one of the members of parliament at the time of the Gunpowder Plot. His conduct during the trial was criticised as he was accused of attempting "to look wise, and say nothing".[2]

Another notable case during his tenure as Chief Baron was Bates's Case, 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 Turkey, 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 Charles I and Parliament 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.[9]

Lord Chief Justice[edit]

In 1607, on the death of Sir John Popham, Fleming was elevated to the post of Lord Chief Justice of England.[2] 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.[2] He assisted in the establishment of a free grammar school in the town.[2] 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.[6] The convocation of Oxford University granted him the award of MA on 7 August 1613, which was the day he died.[3]

Death[edit]

Fleming's tomb, which is shared with his wife; the surviving children are represented by the praying statuettes

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."[2] After joining in the festivities, he went to bed, apparently in sound health, but was taken suddenly ill, and died before morning.[2] He was buried in St. Nicolas' Church, North Stoneham, where a stately monument[10][11] records the numerous successes of his career.[2] Known locally as the "Floating Flemings",[12] 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.[2] Underneath is the following inscription:

In most Assvred Hope of A Blessed Resvrection, Here Lyeth Interred ye Bodie of Sir Thomas Flemyng, Knight, Lord Chief Jvstice of England; Great Was His Learning, Many Were His Virtves. He Always Feared God & God Still Blessed Him & ye Love & Favour Both of God & Man Was Daylie Upon Him. He Was in Especiall Grace & Favour With 2 Most Worthie & Virtvovs Princes Q. Elizabeth & King James. Many Offices and Dygnities Were Conferred Upon Him. He Was First Sargeant at Law, Then Recorder of London; Then Solicitor Generall to Both ye Said Princes. Then Lo: Chief Baron of ye Exchequer & after Lo: Chief Jvstice of England. All Which Places He Did Execvte With So Great Integrity, Justice & Discretion that Hys Lyfe Was Of All Good Men Desired, His Death Of All Lamented. He Was Borne at Newporte In ye Isle Of Wight, Brough Up In Learning & ye Studie Of ye Lawe. In ye 26 Yeare Of His Age He Was coopled in ye Blessed State of Matrimony To His Virtvovs Wife, ye La: Mary Fleming, With whom He Lived & Continewed In that Blessed Estate By ye Space Of 43 Yeares. Having By Her In that Tyme 15 Children, 8 Sonnes & 7 Davghters, Of Whom 2 Sonnes & 5 Davghters Died In His Life Time. And Afterwards In Ripeness of Age and Fulness of Happie yeares yt Is to Saie ye 7th Day of Avgvst 1613 in ye 69 Yeare Of His Age, He Left This Life For a Better, Leaving Also Behind Him Livinge Together With His Virtvovs Wife 6 Soones & 2 Davghters.[2]

Family[edit]

The Fleming Arms pub in Swaythling

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.[2] 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.[2] They had fifteen children of whom six sons and two daughters survived after Fleming's death. His sons Thomas and Philip were both members of parliament. His son Francis was Master of the Horse to Oliver Cromwell. 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.

Fleming's descendants were still in possession of the Stoneham Park estate in 1908.[8] 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.

Arms[edit]

Coat of arms of Thomas Fleming
Notes
Recorded at the Visitation of London in 1568.[13]
Escutcheon
Gules on a chevron between three owls Argent an ermine spot Sable.

References[edit]

  1. ^ "Sir Thomas Fleming (1544–1613)". National Portrait Gallery. Retrieved 27 November 2008.
  2. ^ a b c d e f g h i j k l m n o p q r s Adams, William Henry Davenport (1862). Nelsons' hand-book to the Isle of Wight. Oxford University. pp. 181–183. Retrieved 27 November 2008.
  3. ^ a b c 'Alumni Oxonienses, 1500–1714: Faber-Flood', Alumni Oxonienses 1500–1714: Abannan-Kyte (1891), pp. 480–509. Date accessed: 13 December 2011
  4. ^ a b "History of Parliament". History of Parliament Trust. Retrieved 22 October 2011.
  5. ^ Sir J. E. Neale Elizabeth I Pelican Books reissue pp.340–1
  6. ^ a b  One or more of the preceding sentences incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Fleming, Sir Thomas". Encyclopædia Britannica. Vol. 10 (11th ed.). Cambridge University Press. p. 495.
  7. ^ "The 'Fleming Estate' in Hampshire & the Isle of Wight". Willis Fleming Historical Trust. Retrieved 27 November 2008.
  8. ^ a b Page, William (1908). A History of the County of Hampshire: Volume 3. pp. 478–481.
  9. ^ State Trials, Volume 2
  10. ^ "Monument to Thomas Fleming and his wife". Art & Architecture. The Courtauld Institute of Art. Retrieved 25 November 2009.
  11. ^ "Monument to Thomas Fleming and his wife". Art & Architecture. The Courtauld Institute of Art. Retrieved 25 November 2009.
  12. ^ Mann, John Edgar (2002). Book of the Stonehams. Tiverton: Halsgrove. p. 43. ISBN 1-84114-213-1.
  13. ^ The visitation of London in the year 1568. : Taken by Robert Cooke, Clarenceux king of arms, and since augmented both with descents and arms. The Harleian Society. 1869.

External links[edit]

Parliament of England
Preceded by Member of Parliament for Kingston upon Hull
1581
With: John Fawether
Succeeded by
Preceded by Member of Parliament for Winchester
1584–1593
With: John Wolley 1584–1586
Francis Mylles 1588
Sir Edward Stafford 1593
Succeeded by
Preceded by Member of Parliament for Hampshire
1597
With: Richard Mill
Succeeded by
Preceded by Member of Parliament for Southampton
1601–1604
With: Thomas Lambert 1601
Sir John Jeffrys 1604
Succeeded by
Legal offices
Preceded by Solicitor General for England and Wales
1595–1604
Succeeded by
Preceded by Lord Chief Baron of the Exchequer
1604–1607
Succeeded by
Preceded by Lord Chief Justice
1607–1613
Succeeded by