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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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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 Published by his Lordship's Command LONDON Printed for Joseph Hindmarsh Bookseller to his Royal Highness at the Black Bull in Cornhil 1685. TO THE READER THere are two Questions which every one that looks on this Tryal will be apt to put and expect a Resolution viz. Why was not this Published sooner and why now The answer to the former depends on matter of Fact so that as it can have no more credibility so it demands as much as the serious Protestation of a Christian and a Minister can give it and will be a fit introduction to the Reply to the second Query and I hope both together will give sufficient satisfaction A very good friend of mine and near Relation of Sir John Croke engaged me not to do it whilst he lived 't was hard to forbear so long and suffer my Innocence to be so publickly aspersed and not receive as publick a Vindication The Conspirators had their Agents abroad who published and very zealously heightned the Crimes they themselves had forged many years the Plot had been tontriving and endeavoured to be brought forth in most of the Courts in England My Credit defamed false Arrests and Excommunication procured violent Entrys made upon my Church and threats us'd barbarous Malice to those Women who came to assist my Wife in Travail But Justice prevailed against their Malice I had right upon my side and bafled their Contrivances Then the grand Roguery was brought upon the Stage and they took Counsel together to take off the Just Man because he was unprofitable to them They had heard that a dead Lion could not bite and resolved to make the Experiment on Me. Yet tho the Provocations were so great the Obligations my Friend had put upon me prevailed and I spared the Family that He might not see the Evil which they had brought upon themselves in his dayes Besides as to the neighbouring places Justice had done me Right and secured my Reputation both by the Acquittal and the encouragement it gave me the Lord Chief Baron himself directing the Process for special Baile to Prosecute several of the Conspirators A hearty submission and reasonable compositions were the easiest terms that could be allowed Larimore paid 30 l. Thomas Croxton 44 1. Tho. Beamsly 20 1. Mayn 15 l. Nicholas Sanders 12 l. The rest their Poverty secured and Sir John Croke lost his Commission So much in answer to the first question which might be partly applied to the Second and with what I shall farther add I hope make a just reply I have lately heard this Tryal more talked of than formerly some notable Evidences of the present times prompted several Mens Curiosity to look back into what had been formerly done and this Account convinc'd them that 't was no new thing for Fanatical Villains to Plot Contrive and be Perjur'd for less matters than Rule and Empire Beckly Nov. 13 1684. R. H. THE TRIAL UPon Tuesday being the 9th of March 1688. I went to Alisbury and got thither about four of the Clock in the Afternoon and about the same time came in the Reverend Judges viz. Sir Matthew Hale Knight then Lord Chief Baron of His Majesties Court of Exchequer but now Lord Chief Justice of England and Hugh Windham Serjeant at Law And upon Wednesday the tenth of March the Assizes began and in the afternoon of the same day Larimore by the advice of Sir John Croke who had then got leave to come to the Assizes carried his Bill of Indictment against me to the Grand Jury their names were as followeth John Hill Gent. Samuel Grange Gent. Richard Cokeman Gent. Jacob Sale Gent. Thomas Redding Gent. Thomas Berringer Gent. Clement Summerford Gent. John Winter Gent. John Burnham Gent. Ralph Rice Gent. Jonathan Tomlins Gent. William Barret Gent. John Butterfield Gent. William Pedder Gent. John Fosket Gent. John Sare Gent. John Merydale Gent. Robert Worrel Gent. George Wells Gent. In all Nineteen These were the Gentlemen of the Grand Inquest for the Body of the County of Buckingham and unto them the foresaid Larimore exhibited his Bill of Felony against me the Sum and Substance of it was as followeth The Grand Inquest for our Sovereign Lord the King upon their Sacred Oaths present that Robert Hawkins late of Chilton in the County aforesaid Clerk did upon the 18th of September in the 20th year of the Reign of our Sovereign Lord Charles the II. By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. with Force and Arms c. at Chilton aforesaid in the County aforesaid two Gold Rings each of them at the value of ten shillings one white Holland Apron of the value of one shilling six pence two pieces of Gold each of them at the value of ten shillings and nineteen shillings in Silver of the Goods and Chattels of Henry Laurimore in the Parish and County aforesaid then and there being found Then and there Feloniously he did Steal take and carry away contrary to the Peace c. This Bill was Signed by the G●●nd Jury Bill● Vera and Returned to my Lord Chief Baron Hale who then sate on the Crowns side or upon Life and Death about six of the Clock at night Upon Thursday the 11th of March 1668. my Lord Chief Baron came to the Hall about eight of the Clock in the morning and the Court being set I rendred my self willing to be tryed according to the Laws of this Kingdom And when the Clerk of the Assizes saw me bow to the Court he then informed my Lord and said this is Mr. Hawkins who stands Indicted for Felony and then the Clerk of the Arraigns read the Bill which was Signed and Returned as beforesaid and then I was set to the Bar without any other Prisoners Clerk of the Arraigns said Robert Hawkins hold up thy hand which I then did and then the Clerk Read the Indictment against me as followeth YOu stand Indicted in Alisbury in the County of Bucks by the name of Robert Hawkins late of Chilton in the County aforesaid Clerke for that you the said Robert Hawkins not having the fear of God before your eyes upon the 18th of September in the 20th Year of the Reign of our Sovereign Lord Charles the II. By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. With Force and Arms c. at Chilton aforesaid in the County aforesaid into the dwelling-house of one Henry Larimore Feloniously did enter and two Gold Rings at the value of ten shillings each of them one white Holland Apron of the value
dark by that time I got home L. C. B. You that are of the Jury do you know this Mr. Willcox of what credit is he Jury We have known him a long time and we know no harm by him L. C. B. He looks with an honest face and you Larimore do you know what that honest man Mr. Willcox says do you know him and did you ever see him at your house Lar. Yes my Lord I know him well L. C. B. Larimore do not you remember that he was at your house upon Fryday the 18th of September 1668. Larimore replied No my Lord sure it was not upon that day that I was robbed My L. C. B. Hale Replied Larimore No in my Conscience thou say'st well for it seems you were not robbed upon the same day that you have Sworn you saw the Prisoner at the Bar commit this Robbery Hawk My Lord or upon any other day as I do verily believe And here many of the People cryed out that they believed as much L. C. B. If that man Mr. Willcox speaks true then all is false that Larimore his Son and Sister hath sworn c. Come Mr. Hawkins said my Lord Chief Baron have you any more to say Hawk I have one witness more that I desire may be called viz. Mr. Samuel Browne L. C. B. Yes yes call him come Mr. Browne what can you say Mr. Brown said my Lord I can say something but I dare not speak L. C. B. Why dare you not Come speak the truth and spare not and say no more Mr. Brown said I dare not speak for Sir John Croke and this Larimore have threatned me that if I came down to this Assizes to testifie what I heard about this plot Sir John Croke said he would fling me in the Gaol and load me with Action upon Action of a 1000 l. and ruine me and my Family When the Judge and the Justices heard Mr. Brown relate this every eye began to be fixt upon Sir John Croke and the People asked which was that Sir John Croke Then my Lord Chief Baron Hale commanded the Clerk of the Assizes to give Mr. Browne a Writ of Priviledge to protect him home again which being immediately done in Court my L. C. B. said Come Mr. Browne let us now hear what you can say to this business Mr. Brown said If it may please your honour my Lord upon Wednesday the 16th of Septemb. last past early in the morning as I lay in my Bed at Sir John Croke's house in Chilton hearing a great noise I being then entrusted by Sir John Lentall as keeper to Sir John Croke which is a Prisoner at the Kings Bench I fearing that they were contriving some way for him to escape I started suddenly out of bed having nothing on but my shirt and stood at the Dining-room door behind the hangings and then my Lord I heard this Larimore tell Sir John Croke that he had undone him by causing him to contend with the Parson Sir John Croke asked him why Larimore replied because this Hawkins will undoe me for he hath entred me into most Courts of England and summoned me into the Crown Office and Chancery and I cannot maintain so many Suits Sir John Croke replied is that all Come brother Larimore be contented we will have one trick more for Hawkins yet which shall do his work Larimore replied Sir John you have put me upon too many tricks already more than I can manage and the Parson is too hard for us still Sir John replied If thou wilt but Act I will Hatch enough to Hang Hawkins Larimore replyed but how shall we bring this to pass Sir John Croke made answer Canst not thou conveigh some Gold or Silver into Mr. Hawkins his House and have a Warrant ready to search his house and then our Work is done Larimore replyed Sir if we could but bring this to pass it might do well but I know not how Sir John Croke said to Larimore Do you but go to Sir Richard Pigott and inform him that you have lost some Money and Goods and desire his Warrant to search for them which Sir Richard neither can nor will deny you and then take Dick Mayne the Constable who is one of us and will do whatever we desire of him and go and search Mr. Hawkins's house and there you will find these things and then Charge him with flat Felony and force him before me and no other Justice and I 'll send him to the Gaol without Bayle And we will hang him at the next Assizes Come said Sir John Croke Brother Larimore let us go and drink our mornings draught and we will consult more about this business And so my Lord I heard no more for that time But L. C. B. That was enough and too much too but however Mr. Browne go on Mr. Browne So upon Saturday next being the 19th of Sept. 1668. I having been abroad and towards night coming up the Town I was informed that Mr. Hawkins as Larimore pretended had robbed him I then began to think more seriously upon what I had heard pass the Wednesday before between Sir John Croke and this Larimore and coming to Sir John's house I saw a paper lying upon the Hall-Table full of writing and Larimore with the Constable and several others had brought Mr. Hawkins before Sir John Croke who Committing Mr. Hawkins for Robbing Larimore as he pretended took up the said paper and read it to the Constable and said that it was Mr. Hawkins's Mittimus which said Mittimus was written before Mr. Hawkins came to Sir John Croke as all that were there can justifie And on Sunday morning I went to an Alehouse where they had kept Mr. Hawkins all night and there I saw Mr. Hawkins go to the Gaol and then my heart began to tremble and yet I durst not discover any thing of what I had heard but coming home I said to Sir John Croke Sir What they have carried the poor Parson to the Gaol Sir John Croke replied Yes let him go and the Devil go with him and more shall follow after have I not often told you that if my Brother Larimore and I did but lay our heads together none are able to stand against us I replied Yes Sir John I have often heard you say so but I never believed it until now L. C. B. Mr. Brown Is all this true which you have related Mr. Brown Yes my Lord all that I have said is true and there sits Sir John Croke pointing to him with his finger who knows that every word that I have said is true L. C. B. If but ever a word that Mr. Brown saies be true it is as soul a Conspiracy as ever was heard of About this time Sir John Croke stole away from the Bench without taking his leave of my Lord Chief Baron or any of the Justices My L. C. B. said Is this Sir John Croke a Gentleman and contrives such Plots as this I
of one shilling and six pence two pieces of Gold each of them at the value of ten shillings and nineteen shillings in Silver of the Goods and Chattels of him the said Henry Larimore then and there being found then and there Feloniously you did steal take and carry away contrary to the Peace of our said Sovereign Lord the King His Royal Crown and Dignity c. How say'st thou Robert Hawkins art thou guilty of the Felony whereof thou standest Indicted or not Guilty Robert Hawkins Not Guilty my Lord. Clerk How wilt thou be tried Rob. Hawk By God and the Country Clerk God send you a good Deliverance Court Call the Jury which the Clerk did Cryer Call these viz. Richard Lambourne James Reynolds Jun. Robert Ho●re I challenged him L. C. B. Set him by Edward Butler Tho. Coles I challenged him L. C. B. Set him by Richard Hearnese Thomas Sanders of Chilton was Challenged by Larimore contrary to Custom Edward Carter John Goodwyn William Porter John Ringham William Cannon Jun. William Welch Edward Cope Francis Rushell All these being in number 15. but three of them were challenged two of them by me I being informed they were no friends to the Church of England and for the third viz. Mr. Tho. Saunders he was challenged by Larimore contrary to custom without shewing and reason he being a Neighbor that knew us both and the business better than any of the rest of the Jurors The other twelve were sworn as followeth Clerk Rob. Hawkins Hold up thy hand which I did Marshal Richard Lambourne Lay thy hand upon the Book look upon the Prisoner YOV shall well and truly Try and true Deliverance make between our Sovereign Lord the King and the Prisoner at the Bar whom you shall have in Charge according to your Evidence So help you God Kiss the Book And so were all the rest Sworn Clerk Cryer count these Richard Lambourne James Reynolds two c. twelve good men and true stand together and hear your Evidence Clerk Cryer make a Proclamation O Yes c. IF any man can inform my Lords the Kings Justices the Kings Sergeant or the Kings Attorney of any Murders Felonys or Treasons Done or Committed by the Prisoner at the Bar before this Inquest be taken between our Sovereign Lord the King and the Prisoner at the Bar let them come forth and they shall be heard for now the Prisoner at the Bar stands upon his Deliverance And all others bound by Recognizance to give in Evidence against the Prisoner at the Bar come forth and give your Evidence or else you will forfeit your Recognizances Clerk Cryer call the Witnesses Henry Larimore Sen. the Prosecutor Richard Mayne Jun. Constable Tho. Beamsly Tythingman Brother in law to the said Larimore Dodsworth Croke Esquire Sir John Crokes eldest Son John Cox Henry Larimore Jun. Son to the said Larimore near twenty years old and not Baptized Mary Keen John Beamsly Sister to the said Larimore Margaret Larimore wife to the said Larimore John Chilton William Croke Gent. Son to Sir John Croke John Boyse Thomas Welch Samuel Salter John Stop Sir John Crokes Man Francis Luce. William Mantill alias Miles Nephew to the said Larimore Richard Mantill alias Miles Brother-in-Law to the said Larimore Tho Croxtone of Weston on the Green in the County of Oxon Yeoman Nicholas Sanders Christopher Bethum Edward Good of Long Crendon Clerke a person that committed a Ryot and forcible Entry upon my Church at Chilton All these being in number 22. were Witnesses procured by Sir John Croke and Larimore and Sworn against me Clerk Rob. Hawkins Hold up thy hand Which I did Here the Indictment was again Read The Clerk speaks to the Jury thus Look upon the Prisoner you that be Sworn You shall understand that the Prisoner at the Bar hath been Arraigned upon this Indictment and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon God and the Country which Country you are Your Charge is to enquire whether the said Rob. Hawkins be guilty of this Felony in manner and form as he stands Indicted or not guilty if you find him Guilty you shall inquire what Goods and Chattels Lands and Tenements he had at the time of committing this Felony or at any time since if you do find him not guilty you shall enquire if he fled for the same if you do find that he fled for the same you shall enquire what goods and Chattels as if you had found him guilty if you find him not guilty and that he did not flee for the same you shall say so and no more and hear the Evidence Henry Larimore the Prosecutor was sworn as followeth Mr. Larimore lay your hand upon the Book look upon the Prisoner The Evidence that you shall give unto the Court and to the Jury 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 Here I took Pen Ink and Paper to take Notes at the Bar. Larimore said May it please your Honour my Lord upon Friday the 18th of Sept. in the year of our Lord 1668. between twelve and one of the Clock at Noon I lock'd my doors fast and left no body in my house putting the Keys in my Pocket I went to a Hemp-plot about two Furlongs from my House to pluck Hemp where I and the rest of my Family continued till an hour and half of Sun-set and then coming home found my doors wide open so I went in and run up the Stairs into my Chamber or upper Loft over my inward Chamber where I lye I then hearing a noise in the Chamber where I lye just under me I peeped down through some of the chinks of the Loft-boards there I say this Mr. Hawkins pointing with his left hand towards me but having his face all that time towards the Judge ransacking and rifling of a Box in which Box was then amongst other Goods one white Holland Apron a Purse and in that Purse was at that time two gold rings each of them of the value of 10s two ten shillings pieces of Gold and 19s in Silver all the which said Gold Rings Gold and Silver except one small piece of Silver or two I then saw this Mr. Hawkins that is now the Prisoner at the Bar take and turn out of this very Purse which I do now shew unto your Honour and he did then steal and carry away all the foresaid Rings and Money with the said Holland Apron All these things My Lord I saw him take out of my Box and Purse for I was all that time looking through the chinks of the Board And when Mr. Hawkins heard some noise above I further saw the Prisoner now at the Bar go out of my said Lower Room where my Box was and glanc'd by the Stair-foot-door and so run out of my house with a great bunch of Keys in his