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A43101 The perjur'd phanatick, or, The malicious conspiracy of Sr. John Croke of Chilton, Henry Larimore and other phanaticks against the life of Robert Hawkins, clerk, and late minister of Chilton, occasioned by his suit for tiths discovered in a tryal at Alisbury before the Right Honourable Sir Matthew Hale, then Lord Chief Baron of the Exchequer and Lord Chief Justice of England. Hawkins, Robert, 17th/18th cent. 1685 (1685) Wing H1179; ESTC R21102 34,202 40

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hand down my Yard and hid himself in a Close where there were some Beans and Weeds All this my Lord I saw with my own eyes Moreover my Lord I having a Warrant from Sir Richard Pigott to search for the said Rings and Money c. I did upon the next day it being Saturday and the 19th of September after Mr. Hawkins had robb'd me I called Richard Mayne Jun. the Constable and Mr. Tho. Beamsly Tithingman with some others of our Town to search Mr. Hawkin's house for my said Money and Goods which the day before I saw him steal from me but he refusing to open his doors or to let us search when we saw that the Constable broke open his doors and then we went in and searching his house I did then find in an inward Room below Stairs in a Basket hanging on a pin put amongst papers and rags and other trumpery this Gold Ring and this five shilling piece of Silver And I do Swear that this Ring and piece of Silver is one of the same Rings and pieces of Silver which the day before I saw the Prisoner now at the Bar take out of this very Purse it being Friday the 18th of September and an hour and half before Sun-set This was the Sum and Substance of Larimore's Evidence whereupon my Lord Chief Baron asked Larimore these Questions Lord Chief Baron Hale Are you sure Larimore that you left your doors lock'd when you went out to pluck Hemp. Larimore Yes my Lord I am sure I did L. C. B. When Lar. Between twelve and one of the clock at noon my Lord. L. C. B. Upon what day was it Lar. It was upon the 18th of September last past my Lord. L. C. B. Upon what day of the week was it Lar. It was upon Friday my Lord. L. C. B. In what year was it Lar. It was in the year of our Lord 1668. my Lord. L. C. B. Are you sure that your Chamber door where your Box stood was lockt at that time Lar. I cannot certainly tell my Lord. L. C. B. Was the Box lockt at that time Larimore to this Question paus'd a while and gave no answer Marshal My Lord desires to know whether your Box was lock'd at that time when you lost your money and goods out of it Lar. It was lockt my Lord. Clerk Was it at that time lockt by the Oath you have taken Lar. It was Lockt if it shall please your Honour L. C. B. Were the Locks of the doors and Box broken Lar. My Lord I cannot certainly tell but I do believe that they were pickt open with some pick-lock or false key L. C. B. Did you see him that is now the Prisoner at the Bar in your House at that time and in that posture by the Oath you have taken Lar. I did then see him that is now the Prisoner at the Bar in my house my Lord as I said before L. C. B. At what time of the day was it that you saw him in your house Lar. It was an hour and an half before Sun-set L. C. B. Said to me Sir will you ask Larimore any questions before we call more Witnesses Rob. Hawkins Yes my Lord if I may have leave L. C. B. Sir you may proceed to your questions Hawkins I humbly thank your Honour Hawkins I pray my Lord ask Larimore if he be sure that I am the person that robbed him L. C. B. Larimore answer to the Question Lar. Yes my Lord I am sure he is the person that robbed me for I know him very well Hawk Why did you say before Sir John Croke when I was before him that you could not say that I had stoln them Lar. I said no such thing this all that were there can justifie Hawk My Lord I desire to know of Larimore if he be sure that it was upon a Friday and the 18th of September 1668. and an hour and half before Sun-set when he saw me in his house robbing him Lar. Replied that it was upon that day and time as near as he could guess Hawk Why when Larimore found his doors open which he expected to have found locked did not he call some of his Neighbors to assist him in searching his house and to secure me or any other person which he might find robbing him rather than to run up Stairs by himself to alarm any person that was in his house and thereby giving them opportunity to escape Larimore said he did not then so well consider of it as now but beeing willing seeing his doors open ran up the Stairs to know what the matter was and looking through the chinks of the Loft saw me in his house as aforesaid Hawk Larimore did you speak to me when you saw me or endeavour to stay me Lar. Replied that he was for that time so amazed that he could not speak to me Hawk My Lord I think he is still in great amazement Hawk Lar. Was my house the first or the only house you searched Lar. Replied no. Hawk If you saw me commit the Robbery in your House why then did you search other houses for the Goods which you saw me steal Lar. Replied to this that he had been robbed at several other times Hawk Why did not you then rather send out Hue and Cryes to apprehend my person than to search my house and why did not you charge me with flat Felony before Sir Richird Pigott of whom you had your Warrant if you saw me rob you Lar. To these Questions made no direct answer L. C. B. Mr. Hawkins will you ask Larimore any more Questions Hawk No my Lord not at present but when I come to my Defence I hope I shall be heard L. C. B. You shall be heard at large and so shall they Hawk I humbly thank your Honour Clerk Ass Larimore who shall be next called Lar. Call Henry Larimore the younger Clerk Cryer Call Henry Larimore the younger Cryer Henry Larimore the younger who answered here Sir Marshal Lay your hand upon the Book look upon the Prisosoner Hawk My Lord may I be heard a word L. C. B. Yes Sir you may go on Hawk I humbly thank your Honour Hawk My Lord Is it usual to admit persons that are not Baptized to give evidence upon a tryal of Life and Death for that person which is now about to be sworn I suppose is not Baptized L. C. B. Sir a person that is not Baptized may be sworn and give Evidences in cases of Felony Hawk My Lord I submit but am not fully satisfied in it and if occasion be I shall crave Counsel in that point it being matter of Law and not of Fact L. C. B. The Jury may consider of it Hawk My Lord I doubt not but they will weigh of what validity the Oath and evidence of such a person is Mar. Larimore the younger lay your hand upon the Book look upon the Prisoner The Evidence that you shall give to the Court between our Sovereign Lord the
King and the Prisoner at the Bar shall be the truth the whole truth and nothing but the truth So help you God Kiss the Book Larimore Jun. My Lord upon the 18th of September I came home a little after my Father and coming in the yard I saw this Mr. Hawkins that is now at the Bar run out of my Fathers house with a great bunch of keys in his hand and run down my Fathers Yard and hid himself in a close with Beans and Weeds and when I came into my Fathers house I asked him what Mr. Hawkins did there he answered me that he had done too much there for he had robbed him L. C. B. What day of the week was it Lar. Jun. It was upon a Friday L. C. B. In what Year was it Lar. It was this last September my Lord. L. C. B. Will you ask him any questions Hawk Yes my Lord if I may be permitted L. C. B. You may proceed to your Questions Hawk I humbly thank your Honour Hawk Larimore are you sure that I am the person which you sew run out of your Fathers house Lar. Yes I am sure that you are the same person that I then saw run down my Fathers Yard Hawk What time of the day was it when you saw me Lar. It was an hour and an half before the Sun was down Hawk Was your Father within when you came there Lar. He was within when I came there and I asked him as aforesaid Hawk Did your Father say no more to you than what you have related and did not he enquire which way I ran or went Lar. He said no more but that you had robbed him Hawk My Lord and you of the Jury Is it likely that when the Father had seen me commit a Robbery in his house and the Son coming in immediately upon it that the Father would not ask of him which way I went Hawk My Lord I have done with him at present Lar. Sen. My Lord pray let Joan Beamsly be called next Clerk Cryer call Joan Beamsly Cryer Joan Beamsly She answered here Sir Joan Beamsly Lay your hand upon the Book look upon the Prisoner The Evidence that you shall give shall be the truth Joan Beamsly May it please your Honour my Lord upon Fryday the 18th of Septemb. last past about an hour and half before Sun-set as I was going to Milking in the Street near Larimores house I met Henry Larimore the yonger and being at that time much troubled with the Tooth-ach I told him of it desiring him to help me to some hot water for I believed that might give me ease Larimore replyed that if I would go with him to his Fathers house he would help me to some so going both together we saw this Mr. Hawkins that is now the Prisoner at the Bar run out of Larimores house with a great bunch of Keys in his hand and run down Larimores Yard into a Close of Beans and Weeds and there hid himself and when we came into Larimores house I there heard young Larimore ask his Father what Mr. Hawkins did there Larimore told his Son that he had done too much there for he had robbed him When my Lord Chief Baron Hale heard how these three Witnesses agreed in their Evidence he said here is enough Sworn if believed to hang twenty men Hawk I doubt not but to clear my self notwithstanding their evidence if I may be heard L. C. B. You shall be heard Hawk I humbly thank your Honour L. C. B. Larimore have you any more Witnesses Lar. Yes if it may please your Honour a great many more L. C. B. Who are they call them Lar. Call Richard Mayne Constable Clerk Cryer call Richard Mayne Constable Cryer Richard Mayne Constable who answered here Sir and being sworn said as followeth Mayne My Lord upon Saturday the 19th of September last past came Henry Larimore Sen. to me and giving me a Warrant from Sir Richard Pigott to Search commanding me amongst others to search Mr. Hawkins for some Money and Goods which he had lost and when I saw his Warrant I went to Tho. Beamsly Tythingman and charged him with three or four others to assist me and coming to Mr. Hawkin's House he denying to open his doors I broke them open and I went into his house and Henry Larimore Sen. did find in a basket this Gold Ring and Five-shilling piece of Silver Mr. Hawkins himself being by whilst he found them so we had him before Sir John Croke who committed him to Prison and so on Sunday morning we brought him to Alisbury This also was Sworn by Dodsworth Croke Esq Tho. Beamsly and young Larimore L. C. B. Said to me will you ask these witnesses any Questions Hawk Yes my Lord if I may be permitted L. C. B. You may go on to your Questions Hawk I humbly thank your Honour Hawk Mayne Constable did Larimore desire you to search my house alone and did he then tell you that he saw me rob him the day before Constable Larimore did desire me to search several houses but did not say to me that he saw you rob him Hawk Where is the Warrant upon which you broke open my house I desire to see it Const Here it is Hawk Was it Larimore himself that found the Ring and Five-shilling piece Const It was Henry Larimore the elder that found it Hawk Was I in the same room when the found them Const You were in the same Room when he found them Hawk This was proved false by Mr. Charles Wilcox and Nicholas Faulkner which persons kept me in the Hall whilst they pretended to find them in the Buttery Hawk Constable why did you compell me to go before Sir John Croke which you knew was my adversary Const We did not force you before him Hawk This I proved to be so by Michael Reed Gent. Mr. Tho. Saunders Mr. Wilcox Mr. Goulder Robert Casemore and many others that saw it Hawk Const Why did you advise the Jaylor Mr. Burch to load me well with Irons Const I did not advise him to do so Hawk Pray my Lord ask the Jaylor Mr. Burch what the Constable said to him when he brought me thither Clerk Mr. Burch inform the Court what the Constable said to you when he brought Mr. Hawkins to you as a Prisoner Jaylor My Lord when he Constable delivered Mr. Hawkins to me on Sunday morning he said that Mr. Hawkins was a notorious picklock and that he was confident he could pick every lock about the Prison and therefore he advised me to watch him narrowly and load him well with Irons Thomas Beamsly being Sworn his Evidence being the same in effect with the Constable's for brevity sake I omit but I craved leave to ask him a Question or two which being granted were as followeth Hawk Beamsly Pray what discourse had you with Mr. Wilcox upon the 19th of September presently after my house was broken up concerning the time when as your Brother pretended to