Thomas Shirley (1542-1612)
Encyclopedia
Sir Thomas Shirley of Wiston
Wiston, West Sussex
Wiston is a scattered village and civil parish in the Horsham District of West Sussex, England. It lies on the A283 road northwest of Steyning.The parish covers an area of...

 in Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...

, was an English 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 government official, who is said to have suggested the creation of the rank of baronet
Baronet
A baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...

.

Shirley was knighted in 1573, and served as High Sheriff of Surrey
High Sheriff of Surrey
-List of High Sheriffs of Surrey:The list of known High Sheriffs of Surrey extends back to 1066 At various times the High Sheriff of Surrey was also High Sheriff of Sussex -1066-1228:...

 and Sussex
High Sheriff of Sussex
-History:The office of High Sheriff is over 1000 years old, with its establishment before the Norman Conquest. The Office of High Sheriff remained first in precedence in the counties until the reign of Edward VII when an Order in Council in 1908 gave the Lord-Lieutenant the prime office under the...

 in 1576. Also in 1573, he began rebuilding the family seat of Wiston House, which he turned into a massive country house. (It is now the site of the government's Wilton Park
Wilton Park
Wilton Park is an executive agency of the British Foreign and Commonwealth Office. It is a non-profit-making organisation holding discussions on global security and prosperity....

 conference centre.)

However, soon afterwards Shirley found himself in considerable financial difficulties which eventually swallowed the family fortune. In 1586 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...

  appointed Sir Thomas Treasurer-at-War to the English forces serving in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 during the Dutch Revolt
Dutch Revolt
The Dutch Revolt or the Revolt of the Netherlands This article adopts 1568 as the starting date of the war, as this was the year of the first battles between armies. However, since there is a long period of Protestant vs...

. This gave him the power to speculate with the funds that passed through his hands (a normal perk of office at this period), but he so mishandled them that he contracted massive debts to the Crown and found himself accused of fraud. His estate, including Wiston House, was sequestered in 1602, though he continued to live at Wiston until his death in 1612.

Sir Thomas was elected to Parliament as MP for Sussex
Sussex (UK Parliament constituency)
Sussex was a constituency of the House of Commons of the Parliament of England then of the Parliament of Great Britain from 1707 to 1800 and of the Parliament of the United Kingdom from 1801 to 1832...

 in 1584, representing the county for many years, and then Steyning
Steyning (UK Parliament constituency)
Steyning was a parliamentary borough in Sussex, England, which elected two Members of Parliament to the House of Commons sporadically from 1298 and continuously from 1467 until 1832...

, in 1601 and 1604, which was controlled by Shirley as a pocket borough; he was apparently not distinguished as a member, but tried to draw upon an MP's privilege of immunity from arrest in 1604 when his debts grew too pressing to meet. Despite his protests that he had parliamentary privilege, he was arrested at the instigation of a goldsmith to whom he owed money, and placed in the Fleet Prison
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...

. The House of Commons of England
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...

 made a number of attempts to order his release by issuing writs of Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, but the Warden of the Fleet Prison would not free him, unless he received assurance that he would not himself be held liable for Shirley's debts, or blamed for what might technically be seen as allowing an 'escape'. The Commons had the Warden placed in the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...

 and sent the sergeant-at-arms of the Commons, who was carrying the mace, to the Fleet Prison to set Shirley free. However, the Warden's wife proved equally obdurate, and the sergeant-at-arms had to report that his mission had been a failure. The Warden had originally been able to move around within the Tower, but now the Commons made sure that he was placed in an unpleasant dungeon, called the Little Ease, four feet (1.2 metres) square, within the Tower. This persuaded the Warden to release Shirley, and he also had to apologise on his knees to the House of Commons. Shirley then resumed his seat as an MP. Parliament subsequently passed a general act (The Privilege of Parliament Act), which confirmed the privilege of freedom from arrest for Members, but also gave creditors an opportunity to recover what they were owed when the debtor ceased being an MP. This case is generally regarded as having finally settled the question of privilege from arrest in the Commons’ favour, and was cited as Sir Thomas Shirley's Case for centuries afterwards.

His sons Thomas
Thomas Shirley
Sir Thomas Shirley was an English adventurer.The son of Sir Thomas Shirley and elder brother of Sir Anthony Shirley, he was educated at Hart Hall, Oxford. He served in the English forces in the Low Countries, and was knighted in 1589 while serving in Ireland under Sir William Fitz-William...

, Anthony
Anthony Shirley
Sir Anthony Shirley was an English traveller, whose imprisonment in 1603 by King James I was an important event because it caused the British House of Commons to assert one of its privileges—freedom of its members from arrest—in a document known as The Form of Apology and Satisfaction.He was the...

 and Robert
Robert Shirley
Sir Robert Shirley was an English traveler and adventurer, younger brother of Sir Anthony Shirley and of the adventurer Sir Thomas.-Diplomatic Activities:Robert went with his brother Anthony to Persia in 1598...

were all noted adventurers.
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