STAC 5/A13/31r
Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Pages 32-34
In Camera Stellata, 4th Februarij, 38 Elizabeth, [1595-6], coram consilio ibidem.
The Queens Attorney informed against William Gresham of Norfolk, Justice of the Peace, and divers others, for that they, in 36 Elizabeth [1593-4], when men were being mustered there, did take money to discharge certain men when they were pressed for service, and to appoint others in their places; but the Court stayed the proceedings against Gresham for this day. And the others have Counsel at the bar who speak coldely, for that the Lord Keeper would not allow what they wished, which was to avoid the information under the statutes of 2 Edward VI., and 4 Philip and Mary, because [the defendants] are not captains, petty captams, nor lieutenants, nor have they charge of the men. But the Attorney informed at Common Law, on the 27th Book of Assizes the last article of the charge of Justices in Eyre at Kingeston and on this he proceeded. The depositions of the witnesses were written and made at the charge of the Attorney, but he said that afterwards the Queen would make allowance for this. And he read a sage speech of the princely care of the Queen for the peace of her realm and respecting the [Page 33] danger of such offences, which weakened the forces of the kingdom and made the people mutinous, &c. Lord Buckhurst greatly commended the Attorney for his fealty and trouble in finding these offenders in his native country, where he [Lord Buckhurst] had great alliances and friends, and he encouraged him [Coke] by humble petition to continue on such a course, which was very good service to the Queen and her realm; and the Lord Keeper likewise. But the Earl of Essex inveighed with great force against such offences, which to him are more odious in the petty-officers and servants than in magistrates and masters; and in commendation of the vigilance and policy in the governance of Her Majesty, [he said] this Island is more defensive by itself and has more uses of all warlike instruments than any Christian nation; moreover we do not hire foreign soldiers, but we are a defence in ourselves. Therefore the offence is the more grievous in this, that the liege and free people of this realm are sold like cattle in a market, to the great grief of Her Majesty, who regards more the love of her subjects and their good estate [? bone safe] than her own honour and revenues; and so it is true, as the Athenians said, invicti erimus quia insularii, &c. Therefore he wished to impose a greater fine when prosecuted [?]; and if any of those that he himself had preferred (since he had preferred many captaines, liutenants, muster-makers and others that have charge of men) have offended in this manner, he wished, if the law allowed, to prosecute [pursue] them to death. The Bishop of London agreed with the Court, but he said that this [was] as the battle of the lion going before to the spoil, and the foxes, tigers, and wolves following after. The fine was imposed first by Sir John Fortescue, and allowed by the whole Court. Funtstone, attorney at law, and Hammon, constable, fine 200 marks. Botly, fine £100. Browne, fine £100. [Page 34] Newarke, fine £40. Clere, fine £100. Sego [or Sege], fine £40. Henarde, fine £20. Freeman, fine £20.
And all were adjudged imprisonment during the Queens pleasure, restitution of all parcels which they had taken, at the public assizes at Norfolk next ensuing, and public confession of their faults there, the deposing of the constables from their office, and confession and restitution [to be made] in the public place where the county elects such officers.
