To the Honourable, the Knights, Citizens, and Burgesses of the Commons House of Parliament. The Humble Petition of jerom Hawley Esquire, for and on the behalf of Philip Stir an infant, the son and heir of Tristram Stir.  

Philip Stir. 

john Stir. 

Henry 

Henry, who died without issue.  
Frances a daughter 15. years old.    
Tristram 

Philip, six years old         
Humbly showeth, That Philip Stir the common ancester, 21. Eliz. upon the marriage of john Stir his son and heir, with Elizabeth one of the daughters of Sir Robert Denis, made a conveyance of his Lands, whereof the greatest part he limited by that conveyance, to the heirs males, some to the heirs of the body of john Stir. And the rest he suffered to descend in fee-simple.  
This estate tail, hath been found in four several succeeding Offices, upon the several deaths of Philip Stir, john Stir, Henry Stir, & Henry Stir, whereof in the 2. first offices the deeds are found in hec verba.  
There are fifty Leases, all reserving rend to the heirs males, whereof the first Lease recites a power contained in the deed of entail to make Leases.  
Yet Sir Miles Fletwood, having gotten the Wardship of Frances the heir general, and to advance a marriage for his son after 35. years' peace, that is to say, Hil. 12. jac. to draw into question this entail against Tristram then heir male, did so far prevail, as that Hil. 13. jac. he obtained a Decree.  
This Decree hath these parts. 

1. It doth direct a jury in matter of fact, and commandeth them to find, that the most part of the Lands limited to the heirs male, did not pass by the conveyance.  
2. It restrains a jury to find otherwise then is thereby directed.  
3. It enjoins the defendant from giving of evidence unto the jury.  
4. It forbids the Commissioners to take any verdict offered by the jury, if it pursue not the directions of the Decree.   Sir Miles Fletwood upon this Decree took forth three several Commissions, 18. Martij, 13. jac. a jury was impanelled in the Country, heard their evidence, were agreed for the heir male. Sir Miles Fletwood, a judicial officer in the Court, did prosecute this cause in person, and discovering the opinion of the jury, did publicly chide them, and with much importunity persuaded the jury to crave further time to consider of their evidence: and thereupon at the instance of Sir Miles Fletwood they were adjourned over unto the next Sessions.  
But in the mean time, Sir Miles got that jury to be discharged upon a bare suggestion, that the jury was too mean to try so great a matter: whereas M. Thomas Isacke the Foreman, is a wise understanding Gentleman, and hath above 800. li. Land per annum, and 14. of the rest of that jury, he that had least, was worth 3000. li.  
In Easter Term, 14. jac. a new jury of Esquires and Gentlemen was returned, in july 14. jac. they heard their evidence in the Country (Sir Miles still prosecuting in person.)  
But Sir Miles Fletwood afterward perceiving, that the jury had declared themselves to be against his pretended Title, got that second jury likewise to be discharged, and a new jury of Knights and Esquires to be returned, who were enjoined to appear at the bar. Which jury accordingly appeared in Easter Term, 15. jac. the heir male brought his witnesses out of Devon, & his Council to the bar. But none were heard, the jury was sent from the bar, and charged to find according to the Decree. This matter being notorious to the Country, the jury returned answer, that the Decree alone gave their consciences no satisfaction, & unless they might receive evidence, they could find no office. Whereupon after 3. or 4. days attendance, they were adjourned over till Michaelmas Term following. No. 3. they appeared again at the bar, continued still of the same mind, were bound to appear de die in diem, were examined upon Interrogatories, were threatened with fines and imprisonment, were continued so from day to day, above 3. weeks, and then M. Hingston dying in that service, the rest of the jury were discharged.  
By this time Sir Miles Fletwood did perceive, that able and understanding men were not for his purpose; and therefore it was devised, that a meaner jury would be found more tractable, and thereupon a fourth jury was returned, but that was so mean, as that upon the Commissioners certificate, 8. of them were discharged for insufficiency, and 8. others put into their rooms.  
This jury was often summoned, but the example of the precedent jury so terrified them, as that so long as there was any order to force them up to the bar, they could never be drawn to appear: but that order being discontinued, the jury presently appeared, were sworn and charged in the Country: the heir-male brought his witnesses and Council; pressed the Commissioners to proceed, but the Council for Sir Miles Fletwood pretended they were not ready, and therefore desired, that the jury might be discontinued, which upon their motion was done accordingly.  
This jury being thus discharged, Sir Miles invented a new project, got an order for the resummoning of the same jury again, drew paper draughts of such offices as he desired to be found, procured the Court to sign those paper draughts, and by order to give directions unto the Commissioners, not only to fine the jury, but likewise to bind them over to the bar, if they refused to find the said offices.  
Depending this jury, the heir male was a suitor to the Court to review the Decree, & upon a long suit, and many days hearing in Court, by the honourable justice of the now Master, the heir male was set at liberty from that Decree.  
Only this inconvenience still rests upon the heir male, That there is a sixth jury returned, and by the solicitation of S. Miles they are enjoined to appear at the bar, there to hear their evidence. This course is conceived to be,  
1. A great taxation to the Country, to draw jurors to London, almost 200. miles from their dwellings, to find offices.  
2. A great mischief to the heir male. For by this device, he shall lose the benefit of his witnesses, they being many in number, and some of them blind and very old, and cannot be brought to London, beside the great charge he hath already sustained, amounting to 1200. li. by means of this vexation.  
Sir Miles Fletwood hath been finding of an office now full 7. years and more. He hath had 14. several Commissions, and 6. several juries. Those juries have attended above 20. several adiournments. The Wards rents are sequestered. His Majesty is kept by these suits, from the composition and benefit of Wardship.  

Therefore it is humbly prayed, That by the wisdom of this honourable Parliament, some provision may be made: 

1. That the conscience of jurors be not from henceforth restrained in questions of fact.  
2. That the subject may be at liberty to give evidence.  
3. That no jury be drawn to the Bar, out of the proper County to find any office.  
4. That no Office be an informer in the same Court.    〈…〉