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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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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
never in all my days heard of the like but I think once in this place I met with one something like it but this far exceeds that if this be true that Mr. Browne hath said But you of this Jury there is an honest man said my Lord pointing to Mr. Willcox he overthrows all if that be true which he said then all that is false which Larimore his Son and Sister hath sworn Larimore said My Lord what I have sworn as to Mr. Hawkins is true My L. C. B. replied Come Larimore thou art a very Villain Larimore said I wish that the Ground may open and swallow me if any thing that I have sworn against Mr. Hawkins is false L. C. B. Replied Come come Larimore thou art a very Villain Nay I think thou art a Devil Hawk I hope you Honour and this Jury are by this time fully convinc'd that Sir John Croke is concerned in this Plot for my Lord he hath appeared all along to be the Grand contriver of it as appears by Mr. Brown's Testimony and by what he said to Larimore before me and others L. C. B. Hales Replied I am fully satisfied and so I think are all that heard it And he said to the Justices Gentlemen where is this Sir John Croke They replyed he is gone L. C. B. Is Sir John Croke gone he said Gentlemen I must not forget to acquaint you for I thought that Sir John Croke had been here still that this Sir John Croke sent me this morning two Sugar-loaves for a Present praying me to excuse his absence yesterday I did not then know so well as now what he meant by them but to save his Credit I sent his Sugar-loaves back again Mr. Harvey did you not send Sir John his Sugar-loaves back again Clerk of the Assize Yes my Lord they were sent back again L. C. B. I cannot think that Sir John Croke believes that the Kings Justices come into the Country to take bribes I rather think that some other person having a design to put a trick upon him sent them in his name And so taking the Letter out of his bosom shewing it to the Justices said Gentlemen do you know this hand To which some of them replied they believed it might be Sir John Croke's own hand which Letter being compared with his Mittimus for he had no Clerk and some other of his Writings there it plainly appeared to be his own hand So my L. C. Bar. seeing that putting up the Letter again into his Bosome said he intended to carry that to London and he added farther that he would relate the foulness of the business as he found occasions fit for it L. C. B. said Mr. Hawkins have you any more Hawk My Lord I hope that the Jury and your Lordship is fully satisfied as to my Innocency if so my Lord but if not I humbly desire to know wherein I have not given full satisfaction and if any thing else shall be alledged against me I humbly crave time and leave to answer it for my Lord I am confident I can give a fuller satisfaction if what I have said already be too short L. C. B. You of the Jury what do you think The Prisoner at the Bar desires to know whether you are satisfied as to the Indictment if not you may do well to declare wherein you are not satisfied Jury It is a very plain case my Lord. L. C. B. And I think so too but it is a very foul one L. C. B. said to me Sir have you any more Hawk My Lord I humbly thank your Honour and the Court for that great patience and liberty I have had and intend to say no more but with Quintilian I conclude Innocentia melior est quàm Eloquentia Innocence is better than Eloquence My Lord Chief Baron Hale's Directions to the Jury were to this Effect L. C. B. said You that are of the Jury the Prisoner at the Bar stands Indicted for Robbing this Larimore and you have heard at large both the Prosecutors Evidence to prove him Guilty which if you do believe I never heard a fuller And 2. You have also heard the Prisoners Defence wherein as I think he hath as fully answered the same Charge I shall First repeat the Evidence against him which consists of two branches the first is the Prosecutors proof of this Indictment and Secondly his charging him with other Crimes of the like nature as the stealing of Chilton's Boots and the picking of Noble's pocket 1. For to prove him guilty of Robbing him he observes this Method First He himself swears that he saw the Prisoner at the Bar commit the Robbery Secondly His Son and Sister swears that they saw him run out of the house at the same time Thirdly He brings in four or five persons that swear the Gold Ring and the Five shilling piece was found in the house of him that is now the Prisoner at the Bar. Fourthly and Lastly He proves by two witnesses that the Gold Ring and Five-shilling piece was pawned to him And for the First of these Larimore swears that upon Friday the 18th of September last past he lockt his doors between twelve and one of the clock at noon and went out leaving no body at home to pluck Hemp about two Furlongs from his House where he stay'd with the rest of his Family till within an hour and half of Sunset at which time he coming home found his doors open and ran up into his Chamber and there through the chinks of of the Loft-boards he swears that he saw the Prisoner now at the Bar ransacking and rifling of a Box in the which was at that time a Holland Apron and a Purse in which Purse was two Gold Rings two pieces of Gold and 19s in Silver all which said Rings Gold and Silver with the said Apron he swears that he did see the Prisoner now at the Bar turn out of the said Purse take and Feloniously carry away except one piece or two of the Silver and shews the very Purse out of which he saw him take them If you compare the Evidence with the Indictment you may see the policy of the Prosecutor For he would gladly seem a moderate Prosecutor by Indicting him for Felony only as the stealing of Rings and Money c. But by his Evidence he would as gladly charge him with Burglary also for he swears he broke open or pick'd the Locks of his Doors and Box which by Law is the same And Secondly To corroborate this his evidence he brings in two Witnesses more viz. his Son and Sister Beamsly and they swear that they did at the same time see the Prisoner that is now at the Bar run out of Larimore's house with a great bunch of keys in his hand and he hid himself amongst Beans and weeds And note the keys to intimate that by the help of those he pick'd Larimore's Locks Thirdly He brings in his Son Dodsworth Cooke the Constable and
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