STAC Gresham
Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Page 22
In Camera Stelllata, coram consilio ibidem, termino Michaelis, Elizab. 37 & 38, Octobris 10, Anno Dominis 1595.
Kuke, the Queens Attorney, moved first for Dame Gresham against Boothe and Markham for forgery of deeds of 500 or 600 [sic] per an. in the lands of Thomas Gresham, knight, deceased, to be deeds of 21 years past and he moved to have Boothe committed for not delivering up to the Court the deed supposed to be forged, as the Court formerly ordered, and to have the witnesses suppressed who were examined after publication; and to re-examine the witnesses as to the forged deed now in Court and unknown before. All which was granted by the Court. The infant Markham, being 19 years of age, elected Thomas Morgan, knight, as his guardian; and Morgan, having delivered up the deed to the Court, petitioned that he might be allowed to assist Markham in this suit as his guardian. The Court allowed this, but as [next] friend, and not as guardian, since Markham was not his pupil, but was of [i.e. over] the age of 14 years. A day for judgment is given in this term.
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 26
In Camera Stellata, 28 Januarij, anno Elizab. Reginae 38, coram consilio ibidem, termino Hillarij. Anno Domini 1595.
The Attorney moved again in the case of Dame Gresham v. Markham, junior, and Boothe, both of whom [Page 27] were sentenced in this Court last term, and five forged deeds were condemned, one of which deeds is now in the hands of the said Markham. He [the Attorney] moved for the delivery of this deed, and for the examination of Markham and Boothe on interrogatories touching a letter penned [sic] by Boothe and written by Markham to the Attorney-General. For the closing of this matter Boothe had offered the Attorney 1000 angelles within certain days now last passed.
Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Page 29
In Camera Stellata, 30 Januarij 38 Elizabeth [1595-6], coram consilio predicto, excepto Johanne Fortescue. B. de Londres fuit present ore.
Kuke, Attorney-General, moved in the case of Dame Gresham against Boothe and Markham junior, touching a Markham deed which the Court had ordered to be delivered up and cancelled, and which deed Markham had not yet delivered up, and for the non-delivery, and touching a letter penned by Boothe and written and sent by Markham to the said Attorney; and for this they were both committed [to be kept] close prisoners. " For," [said] the Lord Treasurer, " prisons are ordained for two reasons, the one for safe custody, and the other for correction." And the Court agreed that a forged deed can be cancelled by the order of this Court, even if the forger be not known, as in Sir Gilbert Gerards case.
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.
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 64-66
In Camera Stellata; coram consilio ibidem, 24 Novembris, Eliz. 39, die Mercurij, Anno Domini 1596.
The cause of hearing on an information by the Attorney wherein Dame Gresham is plaintiff and Roger Boothe, Marsham ami others Cuthbert Boothe, John Markham junior, Josias Kerton and Edward Langden, defendants and now. Dame Gresham; being dead, it was moved if this should be heard notwithstanding. And it was agreed per totam curiam, that by the custom of the Court and by special order, the Attorney could proceed if he wished, or otherwise the parties at their election, and so it was sentenced; and a precedent was cited to warrant this in the case of Sir Gilberte Garrette. The matters in the bill were a slan[Page 65] -dering of the sentence of this Court, given before this time, against Roger Boothe, Markham, and others, in which divers deeds of annuities and rent-charges were condemned as forgeries; and the now defendants have slandered the said sentence by saying that the said sentenced forged deeds were true & good deedes and they hope will prooue so. The Attorney proved this by three or four unexceptional witnesses, by letters and petitions indited by Roger Boothe and Kerton and delivered by Markham and Kerton, and also by the gift of money to the witnesses to [make them] retract and to suborn them. And so by the whole Court their offences were deemed great and odious and worthy of death, and Roger Boothe the principal actor and contriver of all. And so he was sentenced by all to walke through Westminster Halle with a paper one his heade, & to have his eares naylled to the pillorye, to paye a thousande markes for fine, & to be imprisoned during his lyfe. Kerton to be nailled to the pillorye with a paper one his heade, to paye 500 markes for a fine & imprisoned during his life. Langdon (who could not be found) pillory, £100 fine, and imprisonment. Cuthberte Boothe to stande one the pillory, 200 li fine and imprisonmente. John Markham to stande one the pillory with a paper, 100 li fine & imprisonmente.
By the Lord Keeper: This is a grievous offence and worthy of death, and by the duty of his place he ought to say something. Common custom holds this no offence,and it is now at such a pass that we ought to make laws according to mens offences. This Court, the most worthy, high and honourable Court in all Europe in this kind, replete with Judges come from the sacred side of her Majesty, [Page 66] whose care is perpetually to administer judgment and justice to her subjects, without which they would not be governed, but [would be] apt for rebellion, insurrection, and all disorder, and this she gives in charge each day to her Privy Councillors, and to the Judges, and if I should conceal this, I should do shame to her Majesty, for she is the most careful, vigilant and respective prince of her subjects that could be in the world, or ever was; wherefore the slander of this Court is the more offensive. Before the Conquest it was punished by Edgar and Canute by the loss of the tongue, and by the Lydians a slanderer was put to the torture and executed. Thought is free, but the tongue should be governed by knowledge. For to say "I thinke you are a traitor," an action on the case will lie, for on common voice and rumour a man may be imprisoned; and if one say " I thinke you are a theefe," an action will lie.
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 94
In Camera Stellata, coram Consllio ibidem, Mercurij, 24 May, 1598, Elizab. 40, termino Paschae.
The Attorney moved against Markham and Boothe to deliver a deed supposed to be forged. It is ordered that if they do not deliver the deed to the Court by the next day then they shall be close prisoners, with fetters, and as strict diet as can be used for any prisoner.
