THE Perjured Fanatic: Or the Malicious Conspiracy of Sr. JOHN CROAK of CHILTON, HENRY LARIMORE and other fanatics, AGAINST THE LIFE of Robert Hawkins Clerk, And late Minister of CHILTON, Occasioned by his Suit for TITHES. Discovered in a TRIAL AT ALISBURY Before the Right Honourable Sir MATTHEW HALE Then Lord Chief BARON of the EXCHEQUER AND Lord Chief JUSTICE OF ENGLAND: Published by his Lordship's Command. LONDON: Printed for Joseph Hindmarsh, Bookseller to his Royal Highness, at the Black Bull in Cornhill, 1685. TO THE READER. THere are two Questions which every one that looks on this Trial will be apt to put, and expect a Resolution: viz. Why was not this Published sooner? and why now? The answer to the former depends on matter of Fact, (so that as it can have no more credibility, so it demands as much as the serious Protestation of a Christian and a Minister can give it:) and will be a fit introduction to the Reply to the second Query, and I hope both together will give sufficient satisfaction. A very good friend of mine, and near Relation of Sir John Croak engaged me not to do it whilst he lived; 'twas hard to forbear so long, and suffer my Innocence to be so publicly aspersed, and not receive as public a Vindication. The Conspirators had their Agents abroad, who published and very zealously heightened the Crimes they themselves had forged: many years the Plot had been tontriving and endeavoured to be brought forth in most of the Courts in England: My Credit defamed, false Arrests, and Excommunication procured, violent Entries made upon my Church and threats used (barbarous Malice) to those Women who came to assist my Wife in Travail: But Justice prevailed against their Malice, I had right upon my side, and baffled their Contrivances: Then the grand Roguery was brought upon the Stage, and they took Counsel together to take off the Just Man, because he was unprofitable to them; They had heard that a dead Lion could not by't, and resolved to make the Experiment on Me. Yet though the Provocations were so great, the Obligations my Friend had put upon me prevailed, and I spared the Family, that He might not see the Evil which they had brought upon themselves in his days: Besides, as to the neighbouring places, Justice had done me Right, and secured my Reputation, both by the Acquittal, and the encouragement it gave me (the Lord Chief Baron himself directing the Process for special Bail) to Prosecute several of the Conspirators: A hearty submission and reasonable compositions were the easiest terms that could be allowed: Larimore paid 30 l. Thomas Croxton, 44 1. Tho. Beamsly, 20 1. Main, 15 l. Nicholas Sanders, 12 l. The rest their Poverty secured, and Sir John Croak lost his Commission. So much in answer to the first question: which might be partly applied to the Second, and with what I shall farther add I hope make a just reply: I have lately heard this Trial more talked of than formerly, some notable Evidences of the present times prompted several men's Curiosity to look back into what had been formerly done; and this Account convinced them that 'twas no new thing for Fanatical Villains to Plot, Contrive, and be Perjured for less matters than Rule and Empire, Beckly, Nou. 13, 1684. R. H. THE TRIAL. UPon Tuesday, being the 9th. of March, 1688. I went to Alisbury, and got thither about four of the Clock in the Afternoon, and about the same time, came in the Reverend Judges, viz. Sir Matthew Hale Knight, (than Lord Chief Baron of His Majesty's Court of Exchequer, but now) Lord Chief Justice of England: and Hugh Windham Sergeant 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 Croak 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, etc. with Force, and Arms, etc. at Chilton aforesaid, in the County aforesaid, two Gold Rings, each of them at the value of ten shillings, one white Holland Apron, of the value of one shilling six pence, two pieces of Gold, each of them at the value of ten shillings, and nineteen shillings in Silver of the Goods and Chattels of Henry Laurimore, in the Parish, and County aforesaid, then and there being found, Then and there Feloniously he did Steal, take, and carry away, contrary to the Peace, etc. This Bill was Signed by the G●●nd Jury, Bill● Vera, and Returned to my Lord Chief Baron Hale, who then sat 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 rendered myself willing to be tried 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, Clerk, 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, etc. With Force and Arms, etc. at Chilton aforesaid in the County aforesaid into the dwellinghouse 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, etc. How sayest thou Robert Hawkins, art thou guilty of the Felony whereof thou standest Indicted, or not Guilty? Robert Hawkins, Not Guilty my Lord. Clerk. How wilt thou be tried? Rob. Hawk. By God, and the Country. Clerk. God send you a good Deliverance. Court. Call the Jury, which the Clerk did. Cryer, Call these, viz. Richard Lambourne▪ James Reynolds Jun. Robert Ho●re, I challenged him▪ L. C. B. Set him by. Edward Butler. Tho. Coles, I challenged him. L. C. B. Set him by. Richard Hearnese. Thomas Sanders of Chilton was Challenged by Larimore, contrary to Custom. Edward Carter. John Goodwin. 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 showing and reason, he being a Neighbour that knew us both, and the business better than any of the rest of the Jurors. The other twelve were sworn as followeth. Clerk. Rob. Hawkins, Hold up thy hand which I did. Marshal Richard Lambourne, Lay thy hand upon the Book; look upon the Prisoner, YOU shall well and truly Try, and true Deliverance make between our Sovereign Lord the King, and the Prisoner at the Bar, whom you shall have in Charge according to your Evidence, So help you God: Kiss the Book. And so were all the rest Sworn. Clerk. Cryer count these. Richard Lambourne, James Reynolds, two, etc. twelve good men, and true, stand together, and hear your Evidence. Clerk. Cryer make a Proclamation. O Yes, etc. IF any man can inform my Lords, the King's Justices, the King's Sergeant, or the King's Attorney, of any Murders, Felonies, or Treasons, Done, or Committed by the Prisoner at the Bar, before this Inquest be taken, between our Sovereign Lord the King and the Prisoner at the Bar, let them come forth, and they shall be heard, for now the Prisoner at the Bar stands upon his Deliverance. And all others bound by Recognizance to give in Evidence against the Prisoner at the Bar, come forth and give your Evidence, or else you will forfeit your Recognizances. Clerk. Cryer call the Witnesses, Henry Larimore Sen. the Prosecutor. Richard maine Jun. Constable. Tho. Beamsly. Tythingman, (Brother in law to the said Larimore)▪ Dodsworth Croke Esquire, (Sir John Croaks eldest Son.) John Cox. Henry Larimore Jun. (Son to the said Larimore, near twenty years old and not Baptised.) Marry 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 Croaks 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 Riot and forcible Entry upon my Church at Chilton. All these (being in number 22.) were Witnesses procured (by Sir John Croke and Larimore) and Sworn against me. Clerk. Rob. Hawkins, Hold up thy hand. Which I did. Here the Indictment was again Read. The Clerk speaks to the Jury thus, Look upon the Prisoner you that be Sworn. You shall understand that the Prisoner at the Bar hath been Arraigned upon this Indictment, and thereunto hath pleaded not Guilty, and for his Trial hath put himself upon God and the Country, which Country you are. Your Charge is, to inquire 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 inquire if he fled for the same; if you do find that he fled for the same, you shall inquire what goods and Chattels as if you had found him guilty; if you find him not guilty, and that he did not flee for the same, you shall say so, and no more, and hear the Evidence. Henry Larimore the Prosecutor was sworn as followeth, Mr. Larimore, lay your hand upon the Book; look upon the Prisoner. The Evidence that you shall give unto the Court, and to the Jury, between our Sovereign Lord the King, and the Prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth, So help you God. Kiss the Book. Here I took Pen, Ink, and Paper, to take Notes at the Bar. Larimore said, (May it please your Honour my Lord,) upon Friday the 18th. of Sept. in the year of our Lord 1668. between twelve and one of the Clock at Noon. I locked 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 Sunset, 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 lie,) I then hearing a noise (in the Chamber where I lie, 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 show 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 glanced 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, etc. I did upon the next day (it being Saturday, and the 19th. of September, after Mr. Hawkins had robbed me,) I called Richard maine 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 Sunset. 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 locked, 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 passed, 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 locked at that time? Lar. I cannot (certainly) tell my Lord. L. C. B. Was the Box locked at that time? Larimore to this Question paused a while, and gave no answer. Marshal. My Lord desires to know whether your Box was locked (at that time) when you lost your money, and goods out of it. Lar. It was locked, my Lord. Clerk. Was it at that time locked, (by the Oath you have taken.) Lar. It was Locked, 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 picked open with some picklock, (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 Sunset. 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 rob him. L. C. B. Larimore, answer to the Question. Lar. Yes my Lord, I am sure he is the person that rob 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 stolen them. Lar. I said no such thing, this all that were there can justify. 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 Sunset, when he saw me in his house, robbing him. Lar. Replied, that it was upon that day and time, as near as he could guests. Hawk. Why (when Larimore found his doors open, which he expected to have found locked,) did not he call some of his Neighbours, 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 (being 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 rob at several other times. Hawk. Why did not you then rather send out Hue and Cries 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 Baptised to give evidence upon a trial of Life and Death; for that person which is now about to be sworn, (I suppose) is not Baptised. L. C. B. Sir, a person that is not Baptised, may be sworn, and give Evidences in cases of Felony. Hawk. (My Lord) I submit, but am not fully satisfied in it, and if occasion be I shall crave Counsel in that point, it being matter of Law, and not of Fact. L. C. B. The Jury may consider of it. Hawk. (My Lord) I doubt not but they will weigh of what validity the Oath, and evidence of such a person is. Mar. Larimore the younger, lay your hand upon the Book, look upon the Prisoner. The Evidence that you shall give to the Court, between our Sovereign Lord the King, and the Prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth, So help you God. Kiss the Book. Larimore Jun. My Lord, upon the 18th. of September. I came home a little after my Father, and coming in the yard, I saw this Mr. Hawkins (that is now at the Bar) run out of my Father's house, with a great bunch of keys in his hand, and run down my Father's Yard, and hid himself in a close with Beans and Weeds, and when I came into my Father's house, I asked him what Mr. Hawkins did there, he answered me, that he had done too much there, for he had rob 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 Father's house? Lar. Yes, I am sure that you are the same person that I then saw run down my Father's 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 inquire which way I ran, or went? Lar. He said no more, but that you had rob 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 Friday the 18th. of Septemb. last past, about an hour and half before Sunset, as I was going to Milking in the Street (near Larimores house) I met Henry Larimore the younger, and being (at that time) much troubled with the Toothache, I told him of it, desiring him to help me to some hot water, for I believed that might give me ease, Larimore replied, that if I would go with him to his Father's 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 rob 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 myself, 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 maine, Constable. Clerk. Cryer, call Richard maine, Constable. Cryer. Richard maine Constable, who answered, here Sir, and being sworn, said as followeth. maine. My Lord, upon Saturday the 19th. of September last passed, 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, maine 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 compel 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 Jailor, Mr. Burch, to load me well with Irons? Const. I did not advise him to do so. Hawk. Pray (my Lord) ask the Jailor, 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. Jailor. (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 myself, which began in Michaelmas Term 1667. this was proved by Mr. Wilcox. 2. And that Larimore confessed (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 Master's 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 Master's 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 Rob. 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 Croak 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 pawned 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 myself 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 rob 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 Tithes in Michaelmas Term, 1667. and Larimore Swears that I robbed him upon the 18th. of September, 1668. which is (my Lord) about a year after. My Lord, it is an easy way thus for the fanatics 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 show his malice in prosecuting me unjustly, by his multiplying of feigned Felonies? wherewith he did (than 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, than 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 maine 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 called 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 stolen a pair of Boots from him, to which Chilton (being then upon his Oath) said, that Mr. Hawkins did not otherwise than what before I have sworn; and he further added, that he never said that I had stolen 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 justify 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 stolen 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) used their utmost endeavours to persuade 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, etc. 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 solicit 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. 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 i● 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 picked 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 Robbed, or do you know that I am the Person that rob 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 passed 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 picked 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 senseless 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 picked Noble's pocket, and if Larimore had known it, I pray (my Lord) and you of the Jury, what had that concerned 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 (falsely) 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 aught, (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 replied, he cared not much for this Plot, (though he should be Convicted,) for they could but burn him in the hand for it, and that he could by't 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 forbidden else.) Hawk. I humbly thank your Honour, and do promise to be as brief as conveniently I can; and as I intent 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 intent this. 1. In General, to show 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 Rob 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 myself, because I sued him for Tyths, and caused him to be Indicted, for not coming to Church, or Baptising his Children; for which reason, his Malice against me hath appeared notorious several ways, as (amongst others.) 1. By dissuading all that owed me any money, not to pay me. 2. By his inducing those to whom I owed money, to arrest, and trouble me. 3. By dissuading 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 dissuade 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 alleged, 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 Rob (at all) and of this opinion are most of his Neighbours round about him, as may appear by this Certificate) which followeth. WE do humbly certify, 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 mere 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 God's 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 Lovel. Mrs. Lovel, 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 white. 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 powel. 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 Steel. Stephen Toms. Robert Willet. William neighbour. Will Chittle. Henry Parker. William Ash. John Golder, Jun. William Golder. William Tipping. Richard Goodwin. John Bosly. Moses Collings. Roger Carr. John Cato. William Hayward. Edward holyman. Abraham Quelch. John Pymm. John Carter. William Toms. Robert Bud. William King. Cadwalider Crawton. William Ash. Thomas white, Sen. Thomas white, 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, although I made no use of it upon my Trial; yet the World may see what an opinion Larimore's Neighbours had concerning him, and his (pretended) Robbery; which Certificate I have for that purpose here inserted. 2. It is not likely that Larimore was robbed, 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 Rob. 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 Certify all whom it may concern, that Tho. Beamsly of Chilton, Tythingman, told me, Charles wilcox 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 wilcox. 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, and 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 Sunset; 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 robbed, (which I am confident, he never can) that I am the Person that rob him; as may appear upon these considerations, 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 Cries, to discover, and apprehend me? But the said Larimore was so far from doing it, that he never declared it to any of his Neighbours, nor to the Constable, when he commanded him to search, as may appear as well by the search itself, (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 fetched 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 Rob, 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 rob 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 Rob 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 rob before he and I differed, which must be before October, 1667. and he told Sir John Croak likewise (when I was committed,) that he was rob 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 rob 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 Croak concluded upon this Conspiracy, as hereafter we shall make appear; And moreover, Larimore (himself) confessed even now, that he fetched 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 rob. It seems you knew upon the 17th. day, that you should be rob 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 Searched? 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 threatened to ruin 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 threatened 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 justify my act, in refusing to have them search my house, which was all (my Lord) I ever denied, for I then declared myself 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 justify 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 justify, 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 shown myself 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 wilcox, 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 Judge (then looking towards Sir John Croak with an angry Countenance,) said to me, Sir, is this Sir. John Croak 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 wilcox, and Mr. Samuel Browne; both these being called, Mr. wilcox 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 Tiles, 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 robbed, which (my Lord) I must needs have done, if he had been rob that afternoon, for I was there. L. C. B. At what time came you to Larimore's house Mr. wilcox? take heed what you say: wilcox, Before noon my Lord. L. C. B. Mr. wilcox, how long did you stay there? Mr. wilcox. Until it was near night my Lord. L. C. B. Was Larimore with you all that time? Mr. wilcox. Yes, my Lord, for we were about to bargain for some Tiles, 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. wilcox. I am sure, my Lord, that it was upon the 18th. of September that I was there, and the day before Mr. Hawkins' house was broke open. L. C. B. What day of the Week was it upon? Mr. wilcox. It was upon a Friday my Lord, and Mr. Hawkins' house was broken open on the next day, it being Saturday. Lar. It was upon Thursday, my Lord, that Mr. wilcox was at my house, it was not upon that day that my house was robbed, but the day before. Sir Ralph Verney replied, No, no, Larimore, it could not be on the Thursday, that Mr. wilcox 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. wilcox 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. wilcox, when you came that day from Larimore's house? Mr. wilcox, 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. wilcox, It is about a mile and half, my Lord. L. C. B. Were not the ways bad at that time? Mr. wilcox, 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. wilcox. 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. L. C. B. You that are of the Jury, do you know this Mr. wilcox, 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. wilcox 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 Friday the 18th. of September, 1668. Larimore replied, No, my Lord, sure it was not upon that day that I was rob. My L. C. B. Hale Replied, Larimore, No, in my Conscience thou sayest well, for it seems you were not rob 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 cried out, that they believed as much. L. C. B. If that man Mr. wilcox speaks true, than all is false that Larimore, his Son, and Sister, hath sworn, etc. 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 threatened me, that if I came down to this Assizes, to testify what I heard about this plot, Sir John Croak said, he would fling me in the Gaol, and load me with Action upon Action of a 1000 l. and ruin me and my Family. When the Judge, and the Justices heard Mr. Brown relate this, every eye began to be fixed 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 Privilege, 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 King's 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 hang, and then, my Lord, I heard this Larimore. tell Sir John Croak that he had undone him, by causing him to contend with the Parson. Sir John Croak asked him why? Larimore replied, because this Hawkins will undo me, for he hath entered 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 replied, but how shall we bring this to pass? Sir John Croke made answer, [Canst not thou convey 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 replied, Sir, if we could but bring this to pass, it might do well, but I know not how. Sir John Croak 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 maine the Constable, (who is one of us, and will do whatever we desire of him,) and go and search Mr. Hawkins' 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 Bail, [And we will hang him at the next Assizes.] Come, said Sir John Croke, Brother Larimore, let us go and drink our morning's 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 rob him: I than 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' Mittimus, which said Mittimus was written before Mr. Hawkins came to Sir John Croke, (as all that were there can justify.) 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 says 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 Croak 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. wilcox, he overthrows all; if that be true which he said, than all that is false which Larimore, his Son, and Sister hath sworn. Larimore said, My Lord, what I have sworn as to Mr. Hawkins is true. My L. C. B. replied, Come, Larimore, thou art a very Villain: Larimore said, I wish that the Ground may open, and swallow me, if any thing that I have sworn against Mr. Hawkins is false. L. C. B. Replied, Come, come, Larimore, thou art a very Villain, Nay, I think thou art a Devil. Hawk. I hope you Honour, and this Jury, are by this time fully convinced, that Sir John Croke is concerned in this Plot, for (my Lord) he hath appeared all along to be the Grand contriver of it, as appears by Mr. Brown's Testimony, and by what he said to Larimore before me and others. L. C. B. Hales Replied, I am fully satisfied, and so (I think) are all that heard it; And he said to the Justices, Gentlemen, where is this Sir John Croke? They replied, he is gone. L. C. B. Is Sir John Croak gone? he said, gentlemans, I must not forget to acquaint you, (for I thought that Sir John Croke had been here still) that this Sir John Croak sent me this morning two Sugarloafs, 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 Sugarloafs back again. Mr. Harvey, did you not send Sir John his Sugarloafs back again? Clerk of the Assize. Yes (my Lord) they were sent back again. L. C. B. I cannot think that Sir John Croke believes that the King's 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, showing it to the Justices, said, gentlemans, 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 Bosom) said, he intended to carry that to London, and he added farther, that he would relate the foulness of the business as he found occasions fit for it. L. C. B. said, Mr. Hawkins, have you any more? Hawk. My Lord, I hope that the Jury, and your Lordship is fully satisfied as to my Innocency, if so, my Lord, but if not, I humbly desire to know wherein I have not given full satisfaction, and if any thing else shall be alleged against me, I humbly crave time, and leave to answer it, for (my Lord) I am confident, I can give a fuller satisfaction, if what I have said already be too short. L. C. B. You of the Jury, what do you think? The Prisoner at the Bar desires to know whether you are satisfied as to the Indictment, if not, you may do well to declare wherein you are not satisfied. Jury. It is a very plain case my Lord. L. C. B. And I think so too, but it is a very foul one. L. C. B. said to me, Sir, have you any more? Hawk. My Lord, I humbly thank your Honour, and the Court, for that great patience, and liberty I have had, and intent to say no more, but with Quintilian I conclude, Innocentia melior est quàm Eloquentia, Innocence is better than Eloquence. My Lord Chief Baron. Hale's Directions to the Jury were to this Effect. L. C. B. said, You that are of the Jury, the Prisoner at the Bar stands Indicted for Robbing this Larimore, and you have heard (at large) both the Prosecutors Evidence to prove him Guilty (which if you do believe) I never heard a fuller. And 2. You have also heard the Prisoners Defence, wherein (as I think) he hath as fully answered the same Charge. I shall First, repeat the Evidence against him, which consists of two branches; the first is the Prosecutors proof of this Indictment, and Secondly, his charging him with other Crimes of the like nature, as the stealing of Chilton's Boots, and the picking of Noble's pocket. 1. For to prove him guilty of Robbing him, he observes this Method. First, He himself swears that he saw the Prisoner at the Bar, commit the Robbery. Secondly, His Son, and Sister swears that they saw him run out of the house at the same time. Thirdly, He brings in four or five persons that swear the Gold, Ring, and the Five shilling piece, was found in the house of him, that is now the Prisoner at the Bar. Fourthly and Lastly, He proves by two witnesses, that the Gold Ring, and Five-shilling piece was pawned to him. And for the First of these, Larimore swears that upon Friday the 18th. of September last passed, he locked 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 stayed 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 shows 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, etc. But by his Evidence, he would as gladly charge him with Burglary also, for he swears, he broke open, or picked the Locks of his Doors, and Box, which by Law is the same. And Secondly, To corroborate this his evidence, he brings in two Witnesses more, viz. his Son, and Sister Beamsly, and they swear that they did (at the same time) see the Prisoner that is now at the Bar▪) run out of Larimore's house, with a great bunch of keys in his hand, and he hid himself amongst Beans, and weeds And note the keys, to intimate that by the help of those, he picked Larimore's Locks. Thirdly. He brings in his Son. Dodsworth Cook, 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 stolen from him. And Fourthly and Lastly, He brings in one of Sir John Croke's Sons, and Mr. Good, who swear, that the one pawned 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, (although 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 shows 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 rob at all because he did not declare it to any of his Neighbours, 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. wilcox, 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. 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 wentest to Sir Richard Pigott for a Warrant upon the 17th. day, and wast not robbed until the 18th. day, Larimore thou knewest it seems, upon the 17th. day that thou shouldst be rob 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 threatening 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 easy 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, convey 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 mere 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 passed (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 convey 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 bail, 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 that Sir John Croke, and Larimore did threaten to cast this Mr. Browne into Prison (and so ruin 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 (feigned) 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 Rob, (though 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. wilcox) he knocks down all, for he justifies, that he came to Larimore's house upon Friday, the 18th. of September last passed, (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 Rob that afternoon, nor was Mr. Hawkins there at that time. If this that Mr. wilcox saith be true, than all that Larimore, his Son, and Sister hath Sworn, must needs be fase. And as touching the Boots, Chilton Swears that he had legged 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. Jury. Yes, we are all agreed. Clerk. Who shall speak for you? Jury. Our Foreman. Clerk. Robert Hawkins, Hold up thy Hand, which I did. Jury. Look upon the Prisoner at the Bar, How say you? Is he guilty of the Felony, whereof he stands Indicted, or not guilty? Foreman of the Jury said, Not Guilty my Lord. L. C. B. 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. Jailor said, Is Mr. Hawkins (my Lord) discharged of his Imprisonment. L. C. B. Replied, Yes, yes, he is discharged, paying his Fees. Hawk. 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. L. C. B. I cannot help that, nor can I give away other men's rights, if they will not remit their Fees, you must pay them. Hawk. I humbly thank your Honour, and shall observe your Lordship's Commands. And so the Court arose, there being no other business, (but my Trial) the whole morning, which lasted from eight until one. So as soon as my Trial was over, Sir John Croak, 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 justify, 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 Litany. 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 thanksgiving, 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. Psalm 21. 11. For they imagined such a device, as they were not able to perform. Psal. 37. 6. He hath made my Righteousness as clear as the light, and my just dealing, as the noon day. Psalm 103. 1. Praise the Lord O my Soul, and all that it within me. Praise his Holy Name. Verse 2. Praise the Lord, O my Soul, and forget not all his benefits. Verse 4. Who hath saved thy life from Destruction, and hath Crowned me with Mercy, and Lovingkindness. Verse 20. O Praise the Lord, all ye Angels of his. Verse 21. O Praise the Lord, all ye his Servants, that do his pleasure. Verse 22. O speak good of the Lord all ye Works of his. Psalm 104. 35. In all places of his Dominion, Praise thou the Lord, O my Soul, Praise the Lord. 1 Kings 1. 34. 39 God Save the King. Amen. FINIS.