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, [Page 2] 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 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?

Not Guilty my Lord.

How wilt thou be tried?

By God, and the Country.

God send you a good Deliverance.

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.

Hold up thy hand which I did.

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.

Cryer count these. Richard Lambourne, James Rey­nolds, two, &c. twelve good men, and true, stand together, and hear your Evidence.

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.

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.

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.

[Page 5] 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 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 [Page 6] Substance of Larimore's Evidence, whereupon my Lord Chief Baron asked Larimore these Questions.

Are you sure (Larimore,) that you left your doors lock'd, when you went out to pluck Hemp.

Yes my Lord, I am sure I did.

When?

Between twelve and one of the clock at noon my Lord.

Upon what day was it?

It was upon the 18th. of September last past, my Lord.

Upon what day of the week was it?

It was upon Friday my Lord.

In what year was it?

It was in the year of our Lord 1668. my Lord.

Are you sure that your Chamber door where your Box stood was lockt at that time?

I cannot (certainly) tell my Lord.

Was the Box lockt at that time?

to this Question paus'd a while, and gave no an­swer.

My Lord desires to know whether your Box was lock'd (at that time) when you lost your money, and goods out of it.

It was lockt, my Lord.

Was it at that time lockt, (by the Oath you have taken.)

It was Lockt, if it shall please your Honour.

Were the Locks of the doors and Box broken?

(My Lord) I cannot certainly tell, but I do believe that they were pickt open with some pick-lock, (or false key.)

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.

I did then see him that is now the Prisoner at the Bar in my house, my Lord, as I said before.

At what time of the day was it that you saw him in your house.

It was an hour and an half before Sun-set.

Said to me, Sir, will you ask Larimore any questions before we call more Witnesses?

Yes my Lord, if I may have leave.

Sir, you may proceed to your questions.

I humbly thank your Honour.

I pray my Lord, ask Larimore if he be sure that I am the person that robbed him.

Larimore, answer to the Question.

Yes my Lord, I am sure he is the person that robbed me, for I know him very well.

Why did you say before Sir John Croke, when I was before him, that you could not say that I had stoln them.

I said no such thing, this all that were there can justifie.

(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.

Replied, that it was upon that day and time, as near as he could guess.

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.

Larimore, did you speak to me when you saw me, or endeavour to stay me?

Replied, that he was (for that time) so amazed, that he could not speak to me.

(My Lord) I think he is still in great amazement.

Was my house the first, or the only house you searched?

Replied, no.

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?

Replied to this, that he had been robbed at several other times.

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.

To these Questions made no direct answer.

Mr. Hawkins, will you ask Larimore any more Que­stions?

No my Lord (not at present) but when I come to my Defence, I hope I shall be heard.

You shall be heard (at large,) and so shall they.

I humbly thank your Honour.

Ass. Larimore, who shall be next called?

Call Henry Larimore the younger.

Cryer, Call Henry Larimore the younger.

Henry Larimore the younger: who answered, here Sir.

Lay your hand upon the Book, look upon the Priso­soner.

My Lord, may I be heard a word.

Yes Sir, you may go on.

I humbly thank your Honour.

(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.

Sir, a person that is not Baptized, may be sworn, and give Evidences in cases of Felony.

(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.

The Jury may consider of it.

(My Lord) I doubt not but they will weigh of what validity the Oath, and evidence of such a person is.

Larimore the younger, lay your hand upon the Book, look upon the Prisoner.

The Evidence that you shall give to the Court, between our Sovereign Lord the King, and the Prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth, So help you God. Kiss the Book.

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.

What day of the week was it?

Jun. It was upon a Friday.

In what Year was it?

It was this last September, my Lord.

Will you ask him any questions?

Yes my Lord (if I may be permitted.)

You may proceed to your Questions.

I humbly thank your Honour.

Larimore, are you sure that I am the person which you sew run out of your Fathers house?

Yes, I am sure that you are the same person that I then saw run down my Fathers Yard.

What time of the day was it when you saw me?

It was an hour and an half before the Sun was down.

Was your Father within when you came there?

He was within when I came there, and I asked him as aforesaid.

Did your Father say no more to you, than what you have related? and did not he enquire which way I ran, or went?

He said no more, but that you had robbed him.

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?

(My Lord) I have done with him at present.

My Lord, pray let Joan Beamsly be called next.

Cryer, call Joan Beamsly.

Joan Beamsly.

She answered, here Sir.

Lay your hand upon the Book, look upon the Prisoner. The Evidence that you shall give shall be the truth.

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.

I doubt not but to clear my self, notwithstanding their evidence, if I may be heard.

You shall be heard.

I humbly thank your Honour.

Larimore, have you any more Witnesses?

Yes, (if it may please your Honour) a great many more.

Who are they? call them.

Call Richard Mayne, Constable.

Cryer, call Richard Mayne, Constable.

Richard Mayne Constable, who answered, here Sir, and being sworn, said as followeth.

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.

Said to me, will you ask these witnesses any Questions?

Yes my Lord (if I may be permitted.)

You may go on to your Questions.

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?

Larimore did desire me to search several houses, but did not say to me that he saw you rob him.

Where is the Warrant upon which you broke open my house? I desire to see it.

Here it is,

Was it Larimore himself that found the Ring and Five-shilling piece?

It was Henry Larimore the elder that found it.

Was I in the same room when the found them?

You were in the same Room when he found them.

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.

Constable, why did you compell me to go before Sir John Croke, which you knew was my adversary?

We did not force you before him.

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.

Const. Why did you advise the Jaylor, Mr. Burch, to load me well with Irons?

I did not advise him to do so.

Pray (my Lord) ask the Jaylor, Mr. Burch, what the Constable said to him, when he brought me thither.

Mr. Burch, inform the Court what the Constable said to you, when he brought Mr. Hawkins to you as a Prisoner.

(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.

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.

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?

He did not remember that he had any discourse with Mr. Wilcox about that.

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) [Page 11] 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.

My Lord, may I be heard a word or two.

You may go on.

I humbly thank your Honour.

(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.

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.

Larimore, have you any more witnesses?

Yes my Lord.

Call them, who are they?

Call Margaret Larimore.

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.

My Lord, may I ask this woman a Question or two?

You may do so, if you please.

I humbly thank your Honour. I'll promise you to be brief.

At what time was it, Margaret Larimore, that you saw me lurking in your Masters Yard as you have said?

It was in the night time.

Here Larimore prompts his Wife, which I told my Lord, for which he Checked him.

But how long may it be since?

I can't tell, it might be about the time that my Master was Robbed.

Did you speak, or call to me when you saw me there?

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.

Have you any more?

(Yes my Lord) to prove that this Ring and Fiveshilling-piece is mine.

Call them, who are they?

(Es (que) Dodsworth, Sir John Croke's eldest Son,) and Mr. Good, Minister of Long Crendon my Lord.

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.

Said to me, Sir, if you will ask the witnesses any Questions, you may?

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.

Sir, you need not question but you shall be heard.

I humbly thank your Honour, and crave leave to be heard a word or two (if it be not unseasonable)

You may go on.

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.

Larimore, what say you to that?

My Lord, I do swear that this is the same five shilling piece which Mr. Good pawned to me, the last Sessions at Buck­ingham.

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.

said, Mr. Hawkins, was this Suit for Tyths begun by you against this Larimore before the time that Larimore swears this Felony was committed?

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.

Larimore, have you any more?

Yes my Lord, Pray call John Chilton▪

Cryer, call John Chilton.

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?

said, (My Lord) I can say nothing, but that I am paid for my Boots.

What Boots?

My Lord, I am paid for my Boots.

Our Business is not now about Boots, but however, come, and tell me what thou meanest by them?

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.

What is this to the purpose, can you say any more Chilton? if you can go on.

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.

Who were they that desired you to charge Mr. Haw­kins with the stealing of your Boots?

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.

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.

Did this Larimore desire you to charge this Mr. Haw­kins with Felony, and when did he desire you to do so?

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.

Was Larimore one of them?

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.

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.

How! what is that hired, or born out to swear, by whom, and how, tell me the story?

(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 [Page 15] 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.

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.

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.

said, This is strange.

(My Lord,) I said I would bear him out in speaking the truth, and no otherwise.

My Lord, may I be heard?

Yes, you may go on.

I thank your Honour. My Lord, pray let me ask Mr. Croxstone two or three Questions.

So you may, go on.

Mr. Croxstone, do you confess that you did promise to bear out Chilton (as you said before) in swearing the truth?

Yes Sir, I did, and no otherwise▪

Was it not about the Boots?

Yes Sir, it was so.

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?

I think you cannot prove it against me.

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 [Page 16] 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.

Who are they?

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 'tis 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.

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.

said to me, Sir, what say you to that?

My Lord, I desire to know if there be any Bill or In­dictment against me for it.

There is none, my Lord, that I do know of.

I desire (my Lord) that Noble may be sworn, if he be here.

He is not here, my Lord.

Why was not that Noble here (himself) to prosecute?

I could not find him, my Lord.

I desire to know whether Boyce came hither of his own accord, or i [...] he be Subpoenaed to be here; (if so) by whom, and who bears his charges.

I was Subpoenaed by Larimore, and he bears my Charges, my Lord.

How long was it since (Mr. Boyce) that you saw my hand in Noble's pocket, as you said before?

It may be near two years ago, my Lord.

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.

I saw your hand in Noble's pocket, but did not see you take any thing out of it.

Did Noble ever tell you that I had pick'd his pocket of the said Ring, or piece of Gold, or any thing else.

No, but said, he lost them at that time.

But you say that Noble was drunk at that time, and if so, it's possible he might be mistaken.

So he was drunk, and asleep likewise.

I think you were all drunk.

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?

No not I (my Lord) I cannot charge him.

But you say that Larimore Subpoenaed you to be here, and that he bears your Charges.

Yes (my Lord) and so he does.

Mr. Boyce, if this be all you can say for Larimore, you will hardly requite his charges.

My Lord, may I be heard, as to the evidence of Boyce.

You may go on.

I humbly thank your Honour.

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 [Page 14] 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.

Larimore, have you any more?

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.

said this makes little to the purpose.

Come Larimore, Have you any more?

I think not (my Lord.)

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.

My Lord, I confess they have been fully heard, and I have no more to say.

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.

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.

Do not fear that, for as they have been heard at large, so shall you likewise. (God forbid else.)

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.

[Page 15] 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.

Go on Sir, to your Defence.

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.

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.

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.)

[Page 22] 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. [Page 23] 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.

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.

To this replied, that he was robbed at several other times.

(My Lord) may I be heard a word.

You may may go on.

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 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.

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.

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?

My Lord, I had several reasons, that moved me so to do.

[Page 24] 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.

said, Mr. Hawkins, can you prove what you have said?

Yes, my Lord, which particular shall I prove?

Prove that about the Ladder, if you can.

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?

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)

You need not fear that, for you shall have time; go on.

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.

At what time came you to Larimore's house Mr. Will­cox? take heed what you say:

Before noon my Lord.

Mr. Willcox, how long did you stay there?

Until it was near night my Lord.

Was Larimore with you all that time?

Yes, my Lord, for we were about to bargain for some Tyles, and other things.

Are you sure that it was upon the 18th. of September that you was at Larimore's house?

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.

What day of the Week was it upon?

It was upon a Fryday my Lord, and Mr. Haw­kins's house was broken open on the next day, it being Saturday.

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.

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.

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.

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.

At what time was it, Mr. Willcox, when you came that day from Larimore's house?

It was about Sunset, my Lord, for it was dark by that time I got to my house at Crendon.

How far is it from your house at Crendon, to Lari­more's house?

It is about a mile and half, my Lord.

Were not the ways bad at that time?

No, my Lord, the ways were very good.

Did not you stop, or stay, or meet with some body by the way that might hinder you?

No, My Lord, I went a good pace, it being near night, my Lord, I was afraid of being benighted, and yet it was dark by that time I got home.

You that are of the Jury, do you know this Mr. Willcox, of what credit is he?

We have known him a long time, and we know no harm by him.

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?

Yes, my Lord, I know him well.

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.

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.

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?

I have one witness more, that I desire may be called, viz. Mr. Samuel Browne.

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.

Why dare you not? Come, speak the truth; and spare not, and say no more.

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?

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—

That was enough, and too much too, but however, Mr. Browne go on.

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 [Page 28] 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.

Mr. Brown, Is all this true which you have rela­ted?

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.

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 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.

Replied, Come, come, Larimore, thou art a very Vil­lain, Nay, I think thou art a Devil.

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.

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.

Is Sir John Croke gone? he said, Gentlemen, I must [Page 29] 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?

of the Assize. Yes (my Lord) they were sent back again.

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.

said, Mr. Hawkins, have you any more?

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.

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.

It is a very plain case my Lord.

And I think so too, but it is a very foul one.

said to me, Sir, have you any more?

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.

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. [Page 30] 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 [Page 31] 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 Tything man, which all swear that they found this Gold Ring, and Five-shilling piece of Silver in a basket hanging upon a pin▪ in the house of the Prisoner at the Bar with a few Eggs, which the Prisoner at the Bar, the day before had stoln from him.

And Fourthly and Lastly, He brings in one of Sir John Croke's Sons, and Mr. Good, who swear, that the one pawn'd the Ring, the other the Five-shilling-piece to Larimore.

Thus Larimore Swears he saw the Prisoner Rob him, his Son, and Sister swear that they saw him run out of the house, the same time, four more swear, that they found the Ring, and Five-shilling-piece in his house upon search; And Lastly, two swear that the Ring and Five-shilling piece was pawned to him. If all this be true, he must needs be guilty, and if so, (altho I have a great respect for his Calling, yet that shall no ways excuse him but rather aggravate his Crime.

And thus much touching the Indictment.

And Secondly, He seems to charge him with other Acts of the like nature, as

1. He brings in one Chilton to swear that the Prisoner at the Bar did steal a pair of Boots from him, and four or five Persons swear, that they did hear Chilton say he did.

2. He brings one Boyce from London, a person, I think, of no great Credit, he swears that he saw the Prisoner at the Bar, (a­bout two years ago) have his hand in the pocket of one, James Noble, and that Noble said, that he lost a Gold Ring, and piece of Gold at the same time. This, (if true) would render the Prisoner now at the Bar obnoxious to any Jury. Thus far the evidence against the Prisoner at the Bar.

Now we come to the Prisoners Defence, which because it is so full, I shall be the briefer in it. The parts of his Defence were two, as himself observed.

1. He shews how too improbable it is.

And 2. How, impossible that he should be guilty of this Charge.

First, That it is not likely that Larimore was robbed at all be­cause he did not declare it to any of his Neighbors, as soon as he saw the Robbery Committed; again, he varies as to the time when it was done, for that he told his Brother Beamsly. that he had lost the Ring and Five-shilling-piece, before there was any difference between him, and the Prisoner at the Bar, as ap­pears by Mr. Willcox, and that difference began in Michaelmas Term, 1667. And before Sir John Croke▪ he confessed that he had lost this a month before the Prisoner (viz. Mr. Hiwkins) was committed, which must be about the 19th of August 1668. [Page 32] And in Court he swears that he saw the Prisoner at the Bar Rob him of the same Gold Ring, and Five-shilling-piece of Silver, upon Friday the 18th. of September 1668. an hour and half be­fore Sunset, all this cannot be true, and for the Warrant, that bears date a day before the Robbery was committed: Where­upon the Judge said to Larimore, Come, thou art a cunning fel­low, for thou went'st to Sir Richard Pigott for a Warrant upon the 17th. day, and wast not robb'd until the 18th. day, Larimore thou knewest it seems, upon the 17th. day that thou should'st be robbed on the 18th. day, that the Prisoner now at the Bar, should rob thee: Surely Thou canst Divine, if all this be true. Again, is it likely, that when the Prisoner at the Bar was charged with flat Felony at his own doors, the Constable likewise threat­ning to break open his House to search, if he had been guilty, his Wife and himself, having the opportunity of going abroad after they had so Charged him, while they were gone to consult with Sir John Croke, as the Prisoner at the Bar sufficiently pro­ved, they did by the Testimony of several Witnesses, (as Mr. Reed, Mr. Sanders, and others) that in all that time he would not have made his escape, or at least found a more convenient place to convey a Ring, and Five-shilling-piece, than to let it remain all that time in a little Basket with a few Eggs, (hanging on a Pin?) Again, who came first into the Room where this Egg-Basket hung? why Larimore; and who took down the Basket? Larimore; who turned out the Eggs? Larimore. And who had the dressing of the Eggs? Larimore. He is a special Cook; you Gentlemen of the Jury, it is an easie thing, for Larimore to juggle a Ring, and Five-shilling-piece into a Basket he being the first that came into the Room, as he put up his hand to take down the Basket, he might with ease enough, conveigh such things as those were, into it. All this, and many more, are proba­ble Circumstances to move you, and me to believe, that it is not possible, that the Prisoner at the Bar is guilty of this Robbery; But that I must leave to you to consider of.

Again, The Prisoner at the Bar proves the whole business to be but a meer Contrivance of Sir John Croke's, and this Lari­more's, (on purpose to ruin him) as is fully made manifest by the Testimony of Mr. Browne, who justifies, that upon Wednesday the 16th. of September last past (and but two days before this pretended Robbery) he heard Sir John Croke ad­vise this Larimore, to fetch a Warrant to search the House of the Prisoner at the Bar, and then to conveigh Gold and Silver into it; which having done, Charge him with flat Felony, and bring him before the said Sir John Croke, and no other Justice, he then promising to the said Larimore to Commit him to the Gaol with­out bayle, and hang him at the next Assizes, which is now. And as I take it, they do aim at it. You of this Jury, if you do be­lieve what Mr. Browne saith, it is as foul a Conspiracy, as ever was heard of: And I am apt to think it may be probable, be­cause [Page 33] that Sir John Croke, and Larimore did threaten to cast this Mr. Browne into Prison (and so ruine him) if he came down, and testified his knowledge about this business▪ which thing is of a very ill consequence. Again, it seems likely that Mr. Brown may be credited, if you compare their Actions with the Times, for upon Teusday Sir John Arrested the Pri­soner upon a (feign'd) Action of an 100 l. upon Wednesday the Plot was concluded upon, by Sir John Croke, and Larimore, as may appear by Mr. Browne's Testimony. On Thursday, they procured of Sir Richard Pigott the Warrant to Search: On Fri­day Larimore pretends that he was Robbed, (tho in truth there appears no such thing.) Upon Saturday, the Prisoner's House was broke open, and he apprehended; and upon Sunday he was carried to the Gaol, it was a good weeks work▪ But there is an honest man, said my Lord Chief Baron (pointing at Mr. Willcox) he knocks down all, for he justifies, that he came to Larimore's house upon Friday, the 18th. of September last past, (it being the same day, that he swears he saw the Prisoner at the Bar Robbing him, and an hour an half before Sunset;) and there continued till it was near night, and he further saith, that Larimore was with him all that afternoon: And he said, that Larimore was not Robbed that afternoon, nor was Mr. Hawkins there at that time. If this that Mr. Willcox saith be true, then all that Larimore, his Son, and Sister hath Sworn, must needs be fase.

And as touching the Boots, Chilton Swears that he had legg'd a pair of Boots for the Prisoner at the Bar, and laid them in his Shop-window, for him to take along with him as he went by, which he did, and paid him for his Work, and yet this Lari­more, Sir John Croke, Croxstone, and others, did use their ut­most endeavours, to stir up this Chilton to Indict the Prisoner at the Bar, for Stealing of them; (Croxstone promising him to bear him out in it.) This can argue nothing else but Malice in those persons; And for that which Boyce swears, is a Story that can argue nothing else; for neither is Noble hereto Prose­cute, nor can Boyce Swear that the Prisoner at the Bar did pick his Pocket, or that Noble ever said he did.

Thus I have repeated the Evidence to prove him Guilty, and have not (I think) omitted any thing in it that is material. Which if you do believe, he must needs be guilty. And also the Prisoners Defence, which (I think) is sufficient, it is a plain case, and (I suppose) you need not go from the Bar, but that I leave to you.

And so the Jury, not stirring from the Bar, which the Clerk observing, he called the Jury, who severally answered to their names, which being done, The Clerk of the Arraigns asked whether they were all agreed upon their Verdict.

Yes, we are all agreed.

Who shall speak for you?

Our Fore-man.

Hold up thy Hand, which I did.

Look upon the Prisoner at the Bar, How say you? Is he guilty of the Felony, whereof he stands Indicted, or not guilty?

Fore-man of the Jury said, Not Guilty my Lord.

Hale said to the Jury, you have found like Honest Men: I do believe, that he is not Guilty: and he said to Lari­more, thou art a very Villain.

Jaylor said, Is Mr. Hawkins (my Lord) discharged of his Im­prisonment.

Replied, Yes, yes, he is discharged, paying his Fees.

May it please your Honour, my Lord, I am poor, (and this, with other troubles, which they have (unjustly occasion­ed,) hath cost me a great deal of money already.

I cannot help that, nor can I give away other mens rights, if they will not remit their Fees, you must pay them.

I humbly thank your Honour, and shall observe your Lordships Commands.

And so the Court arose, there being no other business, (but my Trial) the whole morning, which lasted from eight untill one. So as soon as my Trial was over, Sir John Croke, Larimore, and the rest of that Crew, fled privately out of Alisbury, and durst not stay.

Thus, I have (as briefly as possible I could,) run over my Trial, and for the truth of it, I dare appeal to all that heard it, (which were hundreds) who can justifie, that I have given a just and faithful account of it.

This Conspiracy may put us in mind to pray (with our Mo­ther, the Church of England, in her Letany.

From all Privy Conspiracy and Rebellion, Good Lord deliver us. Amen.

And with her, I am bound to give Thanks, and say always.

O Almighty God, who art a strong Tower of Defence, unto thy Servant against the face of his Enemies. I yield thee praise and Thansgiving, for my Deliverance from those Great, and appa­rent Dangers, wherewith I was Compassed, I acknowledge it to be thy Goodness, that I was not Delivered over as a Prey unto them; Beseeching thee still to continue such thy Mercys towards me, that all the World may know, that thou art my Saviour, and Mighty Delive­rer, through Jesus Christ our Lord, Amen.

Amen.