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
Five-shilling piece and besides this it is improbable that he should be robbed before October 1667. and again in Aug. 1668. because he never declared any of these Robberies to any person before the 16th of Sept. 1668. upon which day he and Sir John Croke concluded upon this Conspiracy as hereafter we shall make appear And moreover Larimore himself confessed even now that he fetch'd this Warrant to search for this very Ring and Five-shilling piece which now he denys By this all may see how notoriously he contradicts himself L. C. B. said to Larimore thou art very cunning to be provided with a Warrant a day before you was robbed It seems you knew upon the 17th day that you should be robbed on the 18th day and also that this person now at the Bar should Rob you Surely you can Divine Here the people began to cry out shame on Larimore L. C. B. said to me Sir but if you were innocent of this Robbery why did you refuse to open your doors or to have your House Search'd Hawk My Lord I had several reasons that moved me so to do 1. in General most of those persons that were present were my inveterate enemies and several of them had threatned to ruine me and my Family and therefore I bad reason to suspect that they came to injure me either in my possession or Goods For the first Sir John Croke and Larimore had often threatned to pull down my House and for that end had hired several persons to make a forcible entry upon it and particularly they had lately hired Jaires the son of Leonard Styres of Thame in the County of Oxon by a Ladder to climb up and run down my Chimney and open my doors when we were all abroad And about the same time they also contracted with one Christopher Tyler of Chilton for the same purpose And 2. I feared the seizing of my Goods by the said persons because they had then a Writ of Levary or Execution to seize them which Larimore's Son had a few days before in part executed and he was then present And if these reasons are not sufficient I have more to justifie my act in refusing to have them search my house which was all my Lord I ever denied for I then declared my self willing that Mr. Sanders the other Constable he being then at the next door might charge whom he pleased and search as narrowly as he could L. C. B. said Mr. Hawkins can you prove what you have said Hawk Yes my Lord which particular shall I prove L. C. B. Prove that about the Ladder if you can Hawk I pray my Lord call John Acreman He being called did fully justifie what I said concerning their intended forcible Entry and added farther that he did help to set up the Ladder for that purpose being called by Sir John Croke's own Sons they and Larimore standing by all that time to watch And touching the second particular concerning the seizing of my Goods Mr. Sheriff himself can justifie that they had then in their hands such a Writ my Lord he is in Court if your honour please to call him And for the 3. Particular that I shewed my self willing that Mr. Sanders should Search I can prove my Lord by these Witnesses following viz. Michael Reed Gent. Mr. Thomas Sanders Mr. Henry Golder Robert Casemore Mr. Charles Willcox and several others that were present my Lord Chief Baron hearing these Reasons fully proved commended my discretion in not opening my doors and he added further that he should have done as much himself saying it was a soul business and the Judg then looking towards Sir John Croke with an angry Countenance said to me Sir is this Sir John Croke concerned in this business Hawk If it may please your honour my Lord with permission I suppose that Sir John Croke is deeply concerned in this Conspiracy and I doubt not but to make it appear to the World if I may be heard L. C. B. You need not fear that for you shall have time go on Hawk I humbly thank your Honour and I crave leave to call two Witnesses viz. Mr. Charles Willcox and Mr. Samuel Browne both these being called Mr. Willcox said If it may please your Honour my Lord upon Friday the 18th of Septemb. 1668. I was at Larimore's house in Chilton from noon till it was near night with Larimore a driving of some bargain about Tyles and other things and my Lord Mr. Hawkins was not at Larimore's house all that afternoon nor did I hear any thing at all then that Larimore was robb'd which my Lord I must needs have done if he had been robbed that afternoon for I was there L. C. B. At what time came you to Larimore's house Mr. Willcox take heed what you say Willcox Before noon my Lord. L. C. B. Mr. Willcox how long did you stay there Mr. Willcox Until it was near night my Lord. L. C. B. Was Larimore with you all that time Mr. Willcox Yes my Lord for we were about to bargain for some Tyles and other things L. C. B. Are you sure that it was upon the 18th of September that you was at Larimore's house Mr. Willcox I am sure my Lord that it was upon the 18th of September that I was there and the day before Mr. Hawkins's house was broke open L. C. B. What day of the Week was it upon Mr. Willcox It was upon a Fryday my Lord and Mr. Hawkins's house was broken open on the next day it being Saturday Lar. It was upon Thursday my Lord that Mr. Willcox was at my house it was not upon that day that my house was robb'd but the day before Sir Ralph Verney replied No no Larimore it could not be on the Thursday that Mr. Willcox and you were together at your house for that was the 17th day of September and that was the day you was busied in fetching your Warrant from Sir Richard Pigott L. C. B. It is well observed Sir and so he was and therefore it could not be on the Thursday that Mr. Willcox was with him at his house Sir Richard Pigott replied I am sure my Lord that Larimore and that fellow the Constable were both at my house upon the 17th of September as my Warrant testifieth L. C. B. At what time was it Mr. Willcox when you came that day from Larimore's house Mr. Willcox It was about Sunset my Lord for it was dark by that time I got to my house at Crendon L. C. B. How far is it from your house at Crendon to Larimore's house Mr. Willcox It is about a mile and half my Lord. L. C. B. Were not the ways bad at that time Mr. Willcox No my Lord the ways were very good L. C. B. Did not you stop or stay or meet with some body by the way that might hinder you Mr. Willcox No My Lord I went a good pace it being near night my Lord I was afraid of being benighted and yet it was
Will Chittle Henry Parker William Ash John Golder Jun. William Golder William Tipping Richard Goodwyn John Bosly Moses Collings Roger Carr. John Cato William Hayward Edward Hollyman Abraham Quelch John Pymm John Carter William Toms Robert Bud. William King Cadwalider Crawton William Ash Thomas Whyte Sen. Thomas Whyte Jun. David Turner Jonathan Hand John Young John Bedford John Norcutt By this Certificate which you see subscribed with above an 100. names wherein many others for brevity sake are omitted altho I made no use of it upon my Tryal yet the World may see what an opinion Larimore's Neighbors had concerning him and his pretended Robbery which Certificate I have for that purpose here inserted 2. It is not likely that Larimore was robb'd because he did not declare it to his Neighbours immediately which doubtless he would have done had any such thing befallen him 3. Nor is he certain as to the time when he was Robbed For 1. He told his Brother Beamsly that he had lost the Ring and Five-shilling piece in Question before there was any difference between him and I As may appear by this Certificate under Mr. Willcox's own hand which is as followeth THese are to Certifie all whom it may concern that Tho. Beamsly of Chilton Tything-man told me Charles Willcox of Long-Crendon upon Septemb. 19. in the 20th year of his Majesty's Reign An. Dom. 1668. That the Five-shilling piece of Silver and the Stone-ring which Larimore pretended he found in Mr. Hawkin's House were both lost before there was any difference between the said Larimore and the said Mr. Hawkins and he further added that his Brother Larimore told him that he had an intent to search for the same Ring and Five-shilling piece above a month before he did This I can and will depose whensoever I shall be thereunto required Witness my hand Octob. 1. 1668. Charles Willcox By this Certificate it appears by Larimore's own Confession to his Brother Beamsly that he had lost this Ring and Five-shilling piece before there was any difference between him and I and seeing I began my Suit for Tyths in Michaelmas Term 1667. against him and others as it is well known to the Inhabitants of Chilton and also may appear by the Records of the Exchequer This is the first time that Larimore said he had lost the Ring aud Five-shilling piece And that this is false must needs appear by what Mr. Good and Larimore have already sworn in open Court viz. that Mr. Good pawned the Five-shilling piece to Larimore at Buckingham Sessions last which Sessions were held upon the 9th and 10th of July 1668. which is near nine Months after the difference began And moreover Larimore confessed upon his Examination before Sir John Croke when I was Committed which was upon the 19th of Sept. 1668. that he had lost the Ring and Five-shilling piece a month before which must consequently be about the 19th of August 1668. And if so how is it possible that he could have lost them before the difference began betwixt us which was above ten Months before 3. He now swears in open Court that he saw me steal the said Gold Ring and Five-shilling piece of Silver out of his house upon Friday the 18th of Sept. 1668. precisely an hour and half before Sun-set all which times being compared together can no ways be possible for which I dare appeal to all that hear it Nor is it likely in case he could prove that he was robb'd which I am confident he never can that I am the Person that robbed him as may appear upon these confiderations amongst others 1. Is it likely that I should commit a Robbery in my own Parish in the day time where all that saw me must needs know me and at the house of such a person as this Larimore is that had solemnly Swore but a little before that he would take away my life as may appear by what his Son said to Anne Scholy 2. Is it probable that if I were Guilty I would not have made my escape having twenty four hours time and four or five hours notice after they first attempted to search my house or that in all that time I could find no better place to conceal a Ring and Five-shilling piece than in a little basket with two or three eggs which all that time was hanging upon a pin Again if Larimore saw me rob him upon the 18th day of Sept. 1668. as he swears he did why did not he then secure me He swears I ran away why did not he send out Hue and Crys to discover and apprehend me But the said Larimore was so far from doing it that he never declared it to any of his Neighbors nor to the Constable when he commanded him to search as may appear as well by the search it self in that they searched other Houses before they searched mine as by the Constable's Oath who swears that Larimore said not any thing to him that he had seen me rob him nor did the said Larimore declare it to Sir John Croke for if he had Sir John no doubt would have inserted it in the Mittimus which he hath not done Nor did he declare it to Sir Richard Pigott from whom he fetch'd his Warrant to search as may appear by the contents of it Whereupon my Lord Chief Baron Hale calling to the Constable for the Warrant which being delivered the Judge himself immediately espied that the said Warrant bore date a day before the Robbery was committed which when my Lord observed he asked Larimore if he fetched this Warrant to Search for this Ring and Five-shilling-piece to which Larimore replied he did and then my Lord asked Larimore upon what day he was Robbed he replied upon Friday the 18th of September 1668. L. C. B. How comes it then to pass Larimore that the Warrant bears date the 17th day and you Swear that the Prisoner at the Bar did not Rob you till the 18th day This is likely to be true Larmore To this replied that he was robbed at several other times Hawk My Lord may I be heard a word L. C. B. You may may go on Hawk I humbly thank your Honour And I hope the Jury will take notice how Larimore hath ensnared himself by the date of the Warrant which my Lord first discovered And whereas Larimore replies that he was Robbed at several other times he may have credit but by those only that can believe all that he hath said and sworn For he saith that he was robbed before he and I differed which must be before October 1667. and he told Sir John Croke likewise when I was committed that he was robbed of the foresaid Goods but a month before which must needs be about the 19th of August 1668. but now he swears in Court that he saw me steal these Goods on Friday the 18th of Sept. 1668. which must needs be impossible that I should rob him at three several times of the same Ring and
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
you he lost the Ring and five-shilling piece of Silver Beamsly He did not remember that he had any discourse with Mr. Wilcox about that Hawk Did you not say to Mr. Wilcox that your Brother Larimore told you that he had lost the Stone Rring and five-shilling-piece of Silver which as he pretended was found in my house before the difference began betwixt me and your Brother and moreover that your Brother said he had an intent to search for the same a month before Beamsly replied that he did not remember any such discourse Hawk My Lord may I be heard a word or two L. C. B. You may go on Hawk I humbly thank your Honour Hawk my Lord I suppose that I can prove these particulars 1. That Larimore told Beamsly that he had lost this Gold Ring and five-shilling piece of Silver now in Question before there was any difference between Larimore and my self which began in Michaelmas Term 1667. this was proved by Mr. Wilcox 2. And that Larimore confess'd upon his Oath before Sir John Croke upon the 19th of Sept. when I was committed that he lost the said Ring and piece of Silver about a month before which must be about Aug. 19. This was proved by Mr. Browne Faulkner and others 3. I can prove that Larimore told Sir Richard Pigett when he went for his Warrant to search that he did suspect several persons for robbing him of this Gold-ring and five-shilling piece and that I was only one of them suspected persons this Sir Richard Pigott did acknowledge to be true But now he swears that he saw me steal the Gold Ring and five-shilling piece out of his house on Friday the 18th of Sept. an hour and half before Sunset 1668. Hawk I pray my Lord and you that are of this Jury take notice of this and compare the times out of his own mouth but more of this when I come to make my Defence L. C. B. Larimore have you any more witnesses Lar. Yes my Lord. L. C. B. Call them who are they Lar. Call Margaret Larimore Clerk Cryer Call Marg. Larimore the wife of Henry Larimore Cryer Margaret the wife of Henry Larimore She being sworn said that when she was a Servant to Larimore which now is her Husband she had seen Mr. Hawkins at several unseasonable hours in the night when her Master was in bed lying lurking in and about her Masters house yard window and doors and said that she believed he lay there for no good intent Hawk My Lord may I ask this woman a Question or two L. C. B. You may do so if you please Hawk I humbly thank your Honour I 'll promise you to be brief Hawk At what time was it Margaret Larimore that you saw me lurking in your Masters Yard as you have said Marg. Lar. It was in the night time Here Larimore prompts his Wife which I told my Lord for which he Checked him Hawk But how long may it be since Marg. Lar. I can't tell it might be about the time that my Master was Robbed Hawk Did you speak or call to me when you saw me there Marg. Lar. No for I was affrighted at it this same was also sworn by Richard Mantill alias Miles Son in law to the said Larimore and also by William his Son which for brevity sake I omit farther to relate L. C. B. Lar. Have you any more Lar. Yes my Lord to prove that this Ring and Fiveshilling-piece is mine L. C. B. Call them who are they Lar. Esque Dodsworth Sir John Croke's eldest Son and Mr. Good Minister of Long Crendon my Lord. Clerk Cryer Call Dodsworth Croke Esq and Edward Good of long Crendon Clerk both answered here Sir They both being Sworn Mr. Dodsworth Croke said as followeth taking the Ring in his hand turned it up and down and looked very narrowly upon it within and without and put it upon his finger and pulling it off several times in the face of the Court and Country he then informed my Lord that he was confident that this was Larimore's ring and for his proof and credit tells the Court that he had pawned it to Larimore Mr. Good took the fiveshilling piece into his hand and swore that he being at Buckingham Sessions last about some trouble which I had put him to he then wanting some money did pawn a fiveshilling piece to this Larimore for other money and he desiring of him to take care that he had the same piece again Larimore told him that he put a mark upon it so seeing a mark upon this fiveshilling piece he swore that he did verily believe that this was the same fiveshilling piece which he had pawned to Larimore at the Sessions before L. C. B. Said to me Sir if you will ask the witnesses any Questions you may Hawk I humbly thank your Honour for that freedom but I do humbly conceive that the proving of the last point viz. that the ring and fiveshilling piece was either Larimore's own Goods or pawn'd to him is not much material to my Case for I am free to confess as much as I can have ground to believe which is that Larimore might have the Ring and five shilling piece of silver in his possession but the Charge against me is that I stole them from him which I do flatly deny and do not doubt of clearing my self when I come to my Defence if I may be heard L. C. B. Sir you need not question but you shall be heard Hawk I humbly thank your Honour and crave leave to be heard a word or two if it be not unseasonable L. C. B. You may go on Hawk May it please your Honour and the Jury to take notice that Mr. Good Swears he believes this to be the five shilling piece that he pawned to Larimore last Sessions at Buckingham but I desire to know if Larimore Swears that this is that piece which Mr. Good pawned then to him for he best knows L. C. B. Larimore what say you to that Lar. My Lord I do swear that this is the same five shilling piece which Mr. Good pawned to me the last Sessions at Buckingham Hawk Then my Lord and the Jury be pleased to observe That Sessions was held upon the 9th and 10th of July 1668. but the Difference between me and Larimore for Tyths was begun in Michaelmas Term 1667. which is near nine Months before that Sessions and notwithstanding Larimore did say to his Brother Beamsly upon the 19th of September that he had lost this very Ring and five shilling piece of silver before the difference began which is impossible My Lord as appears by the Oaths of Larimore and Mr. Good for how could he be robbed of that five shilling piece nine months before he had it And that he did say the very words to his Brother Beamsly we have already proved by the Testimony of Mr. Wilcox L. C. B. said Mr. Hawkins was this Suit for Tyths begun by you against this Larimore
before the time that Larimore swears this Felony was committed Hawk Yes my Lord for I began that Suit for Tythes in Michaelmas Term 1667. and Larimore Swears that I robb'd him upon the 18th of September 1668. which is my Lord about a year after My Lord it is an easie way thus for the Fanaticks to pay Tyths if they can but hang up the Clergy they may cease all their future pleading for Liberty of Conscience Now Larimore began to stumble and shew his malice in prosecuting me unjustly by his multiplying of feigned Felonies wherewith he did then endeavour to load me of which I appeared innocent L. C. B. Larimore have you any more Lar. Yes my Lord Pray call John Chilton Clerk Cryer call John Chilton Cryer John Chilton who answered here Sir and being Sworn my L. C. B. said to him come Chilton what can you say to this business John Chilton said My Lord I can say nothing but that I am paid for my Boots L. C. B. What Boots Chilt My Lord I am paid for my Boots L. C. B. Our Business is not now about Boots but however come and tell me what thou meanest by them Chilt My Lord Mr. Hawkins brought me a pair of tops to put new legs to them which I did and he coming by my Shop told me he wanted his Boots I replied they were done but I being then about to go out did promise Mr. Hawkins to lay them in my Window so that he might take them as he went home which accordingly he did and when I came home I went to Mr. Hawkins who at that time was at Sir John Croke's house where he contented me for my work before we parted and this is all that I can say my Lord. L. C. B. What is this to the purpose can you say any more Chilton if you can go on Chil. My Lord Mr. Hawkins paid me honestly for the Boots but as soon as he began to demand the Tyths of Chilton and did sue for them then they lay at me night and day to have me charge Mr. Hawkins with flat Felony for stealing the said Boots out of my Shop but I told them that I laid them in my Shop-window for him and did bid him take them as he came back and he paid me for my work and therefore I cannot say he stole them L. C. B. Who were they that desired you to charge Mr. Hawkins with the stealing of your Boots Chil. This Larimore Mr. Dodsworth Croke Richard Mayne the Constable Miles and John Sanders who is since dead my Lord Larimore here interrupted Chilton and said my Lord I have five or six witnesses that can prove that all this is false which Chilton hath sworn L. C. B. Call them for I 'll hear all if I sit till night Then Larimore call'd Dodsworth Croke William Croke John Stop Thomas Welch Samuel Salter and William Sanders all these being sworn the sum and substance of their Evidence was to this effect That they had heard John Chilton say that I had stoln a pair of Boots from him to which Chilton being then upon his Oath said that Mr. Hawkins did no otherwise than what before I have sworn and he further added that he never said that I had stoln any thing from him for he had no reason for it L. C. B. Did this Larimore desire you to charge this Mr. Hawkins with Felony and when did he desire you to do so Chilton My Lord Larimore and the rest that I have named desired me to charge Mr. Hawkins with flat Felony for stealing the said Boots as soon as he demanded the Tyths of Chilton and they would have forced me to fetch a Warrant from a Justice of Peace to search for them and did further threaten me in case I would not do it that Sir John Croke would indict me at the Assizes as one accessary to the stealing of my own Goods L. C. B. Was Larimore one of them Chil. Yes my Lord and he said that he would make me swear that Mr. Hawkins had stole my Boots and for that end did serve me with a Subpoena to be here Here Larimore the second time interrupted Chilton and said My Lord this Fellow pointing at John Chilton is hired by Mr. Hawkins to swear this Chil. Replied No My Lord I am not hired by Mr. Hawkins to swear but I might have been hired or born out if I would but swear that Mr. Hawkins stole my Boots by one Croxstone L. C. B. How what is that hired or born out to swear by whom and how tell me the story Chil. My Lord I am not hired to swear by Mr. Hawkins but if I would swear that he stole my Boots out of my Shop I might have been born out in so doing For Tho. Croxstone of Weston on the Green in the County of Oxon told me upon Monday last it being the 8th of March 1668. that if I would but swear what he would have me against Mr. Hawkins viz. that he stole my Boots he would bear me harmless but I replied that it went against my Conscience to do it I added farther that if I should be so wicked as to swear it Mr. Hawkins can prove the contrary by Mr. William Croke and others to which Larimore replied that I need not fear what Mr. Croke knew in that case for he is one of us and will not justifie any thing that may tend to our prejudice I farther told him that I durst not do it for if I should Mr. Hawkins might make me fly the Country as Smart did Wheeler to which Croxstone replied that if I would swear it he would bear me out against the said Mr. Hawkins as far as an hundred pound would go and if that would not do as far as five hundred pound would go L. C. B. How bear you out to swear what Croxstone is this that would do so this is not likely to be true Tho. Croxstone said My Lord I said no such thing L. C. B. I do not believe it to be true Chilton run in and said As I live and breath my Lord Croxstone did say if I would swear that Mr. Hawkins had stole my Boots he would bear me out as I said before and if I made any doubt of it he would give me Bond to make good his promise L. C. B. said This is strange Croxstone My Lord I said I would bear him out in speaking the truth and no otherwise Hawk My Lord may I be heard L. C. B. Yes you may go on Haw I thank your Honour My Lord pray let me ask Mr. Croxstone two or three Questions L. C. B. So you may go on Hawk Mr. Croxstone do you confess that you did promise to bear out Chilton as you said before in swearing the truth Croxstone Yes Sir I did and no otherwise Hawk Was it not about the Boots Croxstone Yes Sir it was so Hawk Did not you desire Chilton to swear that I had stoln his Boots after that he
had told you I had paid him for them and thereupon promise to bear him out against me in a 100. or 500 l Croxstone I think you cannot prove it against me Hawk I pray my Lord and you of this Jury consider that this Chilton is one of Larimore's witnesses and swears for the King yet he swears that he had given me orders to take those Boots and that I then paid him for legging of them and that he had repeated this to Larimore and Croxstone several times and after all this Larimore and Croxstone with others us'd their utmost endeavors to perswade Chilton to charge me with Felony for stealing them and Croxstone promised him to bear him out in so doing as far as a 100 l. would go and if that would not do as far as 500 l. and give him Bond for his security c. My Lord if this amounts not to a Subornation I am mistaken But my Lord I have two witnesses more to prove the same against Mr. Croxstone and I pray that they may be heard L. C. B. Who are they Hawk Anne Scoly and John the Son of Mr. Tho. Sanders Both these being called justified in Court what Chilton had sworn against Mr. Croxstone upon which my Lord Chief Baron said to Croxstone Come you did ill to sollicit persons to swear these things which you knew were false and 't is farther added that this made not for the King but rather for the Prisoner at the Bar after all this a rude fellow Tho. Welch came in and said my Lord I did hear Chilton say that Mr. Hawkins had stole a pair of Boots from him L. C. B. What more Boots still Come Larimore have you any more Larimore said Yes my Lord one Mr. Boyce who being sworn said That at a certain time he coming into a house at Chilton found this Mr. Hawkins now the Prisoner at the Bar and one James Noble which Noble was then drunk and asleep upon a Bed and I saw Mr. Hawkins have his hand in Noble's pocket and the said Noble told me that at that time he lost a Gold Ring and a piece of Gold out of his pocket L. C. B. said to me Sir what say you to that Hawk My Lord I desire to know if there be any Bill or Indictment against me for it Clerk There is none my Lord that I do know of Hawk I desire my Lord that Noble may be sworn if he be here Lar. He is not here my Lord. L. C. B. Why was not that Noble here himself to prosecute Lar. I could not find him my Lord. Hawk I desire to know whether Boyce came hither of his own accord or iâ— he be Subpoenaed to be here if so by whom and who bears his charges Boyce I was Subpoenaed by Larimore and he bears my Charges my Lord. Hawk How long was it since Mr. Boyce that you saw my hand in Noble's pocket as you said before Boyce It may be near two years ago my Lord. Hawk Did you see me pick or take out of the said Noble's pocket the said Ring or piece of Gold or any thing else Boyce I saw your hand in Noble's pocket but did not see you take any thing out of it Hawk Did Noble ever tell you that I had pick'd his pocket of the said Ring or piece of Gold or any thing else Boyce No but said he lost them at that time Hawk But you say that Noble was drunk at that time and if so it 's possible he might be mistaken Boyce So he was drunk and asleep likewise L. C. B. I think you were all drunk Hawk Boyce you might have done well to have told Mr. Noble of this when he told you that he had lost his Ring and piece of Gold but can you say any thing touching Larimore's being Robb'd or do you know that I am the Person that robbed him Boyce No not I my Lord I cannot charge him Hawk But you say that Larimore Subpoenaed you to be here and that he bears your Charges Boyce Yes my Lord and so he does Hawk Mr. Boyce if this be all you can say for Larimore you will hardly requite his charges Hawk My Lord may I be heard as to the evidence of Boyce L. C. B. You may go on Hawk I humbly thank your Honour Hawk This Boyce Swears My Lord that about two years last past he saw my hand in Noble's pocket and that Noble told him he then lost a Gold Ring and piece of Gold My Lord I think with Submission to your Honour and the Court I am not bound to answer to this Charge because there is no Indictment exhibited against me for it nor is Noble himself here to Prosecute or can Boyce swear that I pickt Noble's pocket or that Noble ever told Boyce I did as he himself Swears But my Lord I observe in this the Malice of Larimore's heart as well as in that of the Books for Boyce Swears that he can say nothing to Larimore's Bill of Robbery and yet he forces him to come from London hither to start a sensless story about Noble's Ring and Gold which is of near two years standing My Lord if there had been any truth in it why was not Noble himself here to prosecute and why did he let it rest so long I say again my Lord if it had been true that I had pick'd Noble's pocket and if Larimore had known it I pray my Lord and you of the Jury what had that concern'd Larimore but my Lord I am as clear of picking Nobles pocket as I am as of stealing Chilton's Boots and as clear of both these as I am of robbing this fellow Larimore that now calls my Life in Question nay if he can fairly prove me guilty of one I am willing to suffer as guilty of all My Lord I am bold to appeal to your Honour whether it be a fair Prosecution in Larimore to stir up Chilton falsly to charge me with Felony in stealing his Boots when I had not only a right in them but also leave from him to take them and paid him for his work which Larimore himself knows Nay my Lord if I had never paid Chilton for his Legs the Tops being mine by Law it had not been Felony but a Trespass because I had leave from him to take them and a right in them the Tops being mine and again my Lord I appeal to your Honour whether it be fair in Larimore for him to ride up and down City and Country to bring a multitude of Witnesses together that can say nothing to his Bill as Boyce swears he cannot if this doth not discover malice in a Prosecutors heart I know not what doth and if that appears to your Honour and the Jury to be in him how far that ought as well by Law as Equity to frustrate his Evidence I am willing to leave to your Honour and the Jury and so I have done as to Boyce's Evidence L. C. B. Larimore have you any
more Larimore Yes my Lord John Cox and Francis Lucy they being both Sworn John Cox said My Lord I being in Mr. Hawkin's Company not long since one asked him how he thought to come off at the Assizes Mr. Hawkins reply'd he cared not much for this Plot tho he should be Convicted for they could but burn him in the hand for it and that he could bite out Lucy being sworn said that he heard Mr. Hawkins confess that he owed Larimore 15s but because he had dealt so unjustly with him he would make it cost Larimore fifteen times 15s before he would pay him L. C. B. said this makes little to the purpose Come Larimore Have you any more Lar. I think not my Lord. L. C. B. If you have any more Witnesses call them and they shall be heard and do not say when I am gone that your Witnesses could not be heard Lar. My Lord I confess they have been fully heard and I have no more to say L. C. B. said to me Sir you have heard the Indictment against you and the Evidence to prove it you have the Charge now say what you can for your own Defence and you shall be heard Hawk I humbly thank your Honour and I hope my Lord because the Evidence is large I shall have the more time allowed me to make my Defence and if so I doubt not but fully to open this Conspiracy L. C. B. Do not fear that for as they have been heard at large so shall you likewise God forbid else Hawk I humbly thank your Honour and do promise to be as brief as conveniently I can and as I intend to offer nothing but the naked truth So I will say no more if I am not misinformed than I can prove to be true And my Lord because it may seem necessary for me to offer many things by way of Defence in answer to so great a Charge to save time I pray that it may not be expected by your Honour or the Jury that I should call Witnesses to prove every particular but when I offer such things as are most material if either your Honour or the Jury be not fully satisfied touching the truth of such material points I do humbly pray that I may be called upon to prove them for when I am not called upon for proof I shall under favour my Lord take it for granted that I am believed And for Method herein if I may have leave I do intend this 1. In General to shew how improbable it is that I should be guilty of this Robbery and also deliver some hints to move the Court and Jury to Question whether this Prosecutor Larimore was Robbed at all or no And 2ly More particularly to examine the Evidence as to matter of Fact L. C. B. Go on Sir to your Defence Hawk May it please your Honour and you of this Jury I begin with the first part of my Defence which is to hint how unlikely it is that I should be guilty of robbing this Larimore 1. Larimore is Generally known to be a notorious Anabaptist and an Enemy to the Church of England and a hater of the Ministry in General but more particularly he is most Envious and Malicious against my self because I sued him for Tyths and caused him to be Indicted for not coming to Church or Baptizing his Children for which reason his Malice against me hath appeared notorious several ways as amongst others 1. By disswading all that owed me any money not to pay me 2. By his inducing those to whom I owed mony to arrest and trouble me 3. By disswading those that I sued for Tyths not to agree with me he promising them that Sir John Croke and himself would force me to run the Country ere long 4. By his continual tormenting and vexing me with his false Arrests and illegal Indictments 5. By his constant endeavour to disswade my friends from any ways relieving me or mine in my greatest wants and necessities advising them to starve us My Lord and this Jury if you are nor fully satisfied in any of these particulars that I have alledged I am ready to prove them but if this be granted they are no doubt sufficient Arguments to prove the malice of his heart Again I say that it is no ways possible that Larimore was Robbed at all and of this opinion are most of his Neighbors round about him as may appear by this Certificate which followeth WE do humbly certifie that Henry Larimore of Chilton in the County of Bucks Labourer is a notorious Anabaptist an Enemy to the Church of England and a perfect hater of all Ministers of the same but in particular most Inveterate and Malicious against Robert Hawkins Clerk late Minister of the Church of Chilton aforesaid for that he doth not only seek and design utterly to ruin the said Mr. Hawkins himself but makes it his business and daily practice to instigate others to do the like and for no other cause as he hath often confessed himself but for that the said Mr. Hawkins hath caused him to be Indicted for not coming to Church and Sued him for Tyths And we do verily believe and are fully satisfied in our Consciences that the said Mr. Hawkins is not at all guilty of the pretended Felony in Stealing the Ring and piece of Silver which the said Larimore hath Charged him with but that it is a meer contrivance inehoated and set on foot by the said Larimore Sir John Croke and others on purpose to Revenge themselves And we do also believe that the said Mr. Hawkins is a very Honest Man and that he is a very able Minister and a true and faithful labourer in Gods word and never heard that he was ever suspected in the least of Felony till this Malicious Prosecution which is by the said Larimore and others whom the said Mr. Hawkins sueth for Tyths Witness our Hands March 8. 1668. Michael Read Gent. William Read Gent. Mrs. Bulstode Widow Mr. John Bulstrode John Turner Joseph Parsons Nicholas Faulkner Mr. William Bulstrode John Chilton The Widow Paverell Robert Sanders Christopher Hinton John Mortimore Sen. Mr. John Daniel Mr. John Clarke The Widow Clare William Landsdell William Bouden John Newman Thomas Coles The Widow Newman Robert Barlow Theophilus Sanders John Sanders John Mortimore Jun. Mr. Henry Golder Mr. Thomas Sanders Mr. Henry Lovell Mrs. Lovell Widow Owen Gibson Mr. Tho. Sanders Sen. Robert Casemore Edward Jarvice Thomas Green Edward Barker John Grace John Freeman Richard Carr. John Carr. John Acreman Thomas Whyte Thomas Ludet The Widow Meades Richard Toms Joseph Nero. Richard Low John Culledge Richard Waude Theophilus Hinton Edward Clarke Jeffery Hart. Richard Budd John Budd Thomas Higgs Roger Gye Robert Coxhead William Hitchcock John Powell Luke Turner Richard Badger John Golder John Newton William Collet John Beckley Richard Kenp The Widow Acreman Robert Flint William Beckly Robert Hicks John Barney Robert Steele Stephen Toms Robert Willet William neighbour
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