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justice_n	exchequer_n	lord_n	sir_n	6,139	5	7.0918	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43101	The perjur'd phanatick, or, The malicious conspiracy of Sr. John Croke of Chilton, Henry Larimore and other phanaticks against the life of Robert Hawkins, clerk, and late minister of Chilton, occasioned by his suit for tiths discovered in a tryal at Alisbury before the Right Honourable Sir Matthew Hale, then Lord Chief Baron of the Exchequer and Lord Chief Justice of England.	Hawkins, Robert, 17th/18th cent.	1685 (1685)	Wing H1179; ESTC R21102	34,202	40

THE Perjur'd Phanatick Or the Malicious Conspiracy of Sr. JOHN CROKE of CHILTON HENRY LARIMORE and other PHANATICKS AGAINST THE LIFE of Robert Hawkins Clerk And late Minister of CHILTON Occasioned by his Suit for TITHS Discovered in a TRYAL AT ALISBURY Before the Right Honourable Sir MATTHEW HALE Then Lord Chief BARON of the EXCHEQUER AND Lord Chief JUSTICE OF ENGLAND Published by his Lordship's Command LONDON Printed for Joseph Hindmarsh Bookseller to his Royal Highness at the Black Bull in Cornhil 1685. TO THE READER THere are two Questions which every one that looks on this Tryal will be apt to put and expect a Resolution viz. Why was not this Published sooner and why now The answer to the former depends on matter of Fact so that as it can have no more credibility so it demands as much as the serious Protestation of a Christian and a Minister can give it and will be a fit introduction to the Reply to the second Query and I hope both together will give sufficient satisfaction A very good friend of mine and near Relation of Sir John Croke engaged me not to do it whilst he lived 't was hard to forbear so long and suffer my Innocence to be so publickly aspersed and not receive as publick a Vindication The Conspirators had their Agents abroad who published and very zealously heightned the Crimes they themselves had forged many years the Plot had been tontriving and endeavoured to be brought forth in most of the Courts in England My Credit defamed false Arrests and Excommunication procured violent Entrys made upon my Church and threats us'd barbarous Malice to those Women who came to assist my Wife in Travail But Justice prevailed against their Malice I had right upon my side and bafled their Contrivances Then the grand Roguery was brought upon the Stage and they took Counsel together to take off the Just Man because he was unprofitable to them They had heard that a dead Lion could not bite and resolved to make the Experiment on Me. Yet tho the Provocations were so great the Obligations my Friend had put upon me prevailed and I spared the Family that He might not see the Evil which they had brought upon themselves in his dayes Besides as to the neighbouring places Justice had done me Right and secured my Reputation both by the Acquittal and the encouragement it gave me the Lord Chief Baron himself directing the Process for special Baile to Prosecute several of the Conspirators A hearty submission and reasonable compositions were the easiest terms that could be allowed Larimore paid 30 l. Thomas Croxton 44 1. Tho. Beamsly 20 1. Mayn 15 l. Nicholas Sanders 12 l. The rest their Poverty secured and Sir John Croke lost his Commission So much in answer to the first question which might be partly applied to the Second and with what I shall farther add I hope make a just reply I have lately heard this Tryal more talked of than formerly some notable Evidences of the present times prompted several Mens Curiosity to look back into what had been formerly done and this Account convinc'd them that 't was no new thing for Fanatical Villains to Plot Contrive and be Perjur'd for less matters than Rule and Empire Beckly Nov. 13 1684. R. H. THE TRIAL UPon Tuesday being the 9th of March 1688. I went to Alisbury and got thither about four of the Clock in the Afternoon and about the same time came in the Reverend Judges viz. Sir Matthew Hale Knight then Lord Chief Baron of His Majesties Court of Exchequer but now Lord Chief Justice of England and Hugh Windham Serjeant at Law And upon Wednesday the tenth of March the Assizes began and in the afternoon of the same day Larimore by the advice of Sir John Croke who had then got leave to come to the Assizes carried his Bill of Indictment against me to the Grand Jury their names were as followeth John Hill Gent. Samuel Grange Gent. Richard Cokeman Gent. Jacob Sale Gent. Thomas Redding Gent. Thomas Berringer Gent. Clement Summerford Gent. John Winter Gent. John Burnham Gent. Ralph Rice Gent. Jonathan Tomlins Gent. William Barret Gent. John Butterfield Gent. William Pedder Gent. John Fosket Gent. John Sare Gent. John Merydale Gent. Robert Worrel Gent. George Wells Gent. In all Nineteen These were the Gentlemen of the Grand Inquest for the Body of the County of Buckingham and unto them the foresaid Larimore exhibited his Bill of Felony against me the Sum and Substance of it was as followeth The Grand Inquest for our Sovereign Lord the King upon their Sacred Oaths present that Robert Hawkins late of Chilton in the County aforesaid Clerk did upon the 18th of September in the 20th year of the Reign of our Sovereign Lord Charles the II. By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. with Force and Arms c. at Chilton aforesaid in the County aforesaid two Gold Rings each of them at the value of ten shillings one white Holland Apron of the value of one shilling six pence two pieces of Gold each of them at the value of ten shillings and nineteen shillings in Silver of the Goods and Chattels of Henry Laurimore in the Parish and County aforesaid then and there being found Then and there Feloniously he did Steal take and carry away contrary to the Peace c. This Bill was Signed by the G●●nd Jury Bill● Vera and Returned to my Lord Chief Baron Hale who then sate on the Crowns side or upon Life and Death about six of the Clock at night Upon Thursday the 11th of March 1668. my Lord Chief Baron came to the Hall about eight of the Clock in the morning and the Court being set I rendred my self willing to be tryed according to the Laws of this Kingdom And when the Clerk of the Assizes saw me bow to the Court he then informed my Lord and said this is Mr. Hawkins who stands Indicted for Felony and then the Clerk of the Arraigns read the Bill which was Signed and Returned as beforesaid and then I was set to the Bar without any other Prisoners Clerk of the Arraigns said Robert Hawkins hold up thy hand which I then did and then the Clerk Read the Indictment against me as followeth YOu stand Indicted in Alisbury in the County of Bucks by the name of Robert Hawkins late of Chilton in the County aforesaid Clerke for that you the said Robert Hawkins not having the fear of God before your eyes upon the 18th of September in the 20th Year of the Reign of our Sovereign Lord Charles the II. By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. With Force and Arms c. at Chilton aforesaid in the County aforesaid into the dwelling-house of one Henry Larimore Feloniously did enter and two Gold Rings at the value of ten shillings each of them one white Holland Apron of the value

dark by that time I got home L. C. B. You that are of the Jury do you know this Mr. Willcox of what credit is he Jury We have known him a long time and we know no harm by him L. C. B. He looks with an honest face and you Larimore do you know what that honest man Mr. Willcox says do you know him and did you ever see him at your house Lar. Yes my Lord I know him well L. C. B. Larimore do not you remember that he was at your house upon Fryday the 18th of September 1668. Larimore replied No my Lord sure it was not upon that day that I was robbed My L. C. B. Hale Replied Larimore No in my Conscience thou say'st well for it seems you were not robbed upon the same day that you have Sworn you saw the Prisoner at the Bar commit this Robbery Hawk My Lord or upon any other day as I do verily believe And here many of the People cryed out that they believed as much L. C. B. If that man Mr. Willcox speaks true then all is false that Larimore his Son and Sister hath sworn c. Come Mr. Hawkins said my Lord Chief Baron have you any more to say Hawk I have one witness more that I desire may be called viz. Mr. Samuel Browne L. C. B. Yes yes call him come Mr. Browne what can you say Mr. Brown said my Lord I can say something but I dare not speak L. C. B. Why dare you not Come speak the truth and spare not and say no more Mr. Brown said I dare not speak for Sir John Croke and this Larimore have threatned me that if I came down to this Assizes to testifie what I heard about this plot Sir John Croke said he would fling me in the Gaol and load me with Action upon Action of a 1000 l. and ruine me and my Family When the Judge and the Justices heard Mr. Brown relate this every eye began to be fixt upon Sir John Croke and the People asked which was that Sir John Croke Then my Lord Chief Baron Hale commanded the Clerk of the Assizes to give Mr. Browne a Writ of Priviledge to protect him home again which being immediately done in Court my L. C. B. said Come Mr. Browne let us now hear what you can say to this business Mr. Brown said If it may please your honour my Lord upon Wednesday the 16th of Septemb. last past early in the morning as I lay in my Bed at Sir John Croke's house in Chilton hearing a great noise I being then entrusted by Sir John Lentall as keeper to Sir John Croke which is a Prisoner at the Kings Bench I fearing that they were contriving some way for him to escape I started suddenly out of bed having nothing on but my shirt and stood at the Dining-room door behind the hangings and then my Lord I heard this Larimore tell Sir John Croke that he had undone him by causing him to contend with the Parson Sir John Croke asked him why Larimore replied because this Hawkins will undoe me for he hath entred me into most Courts of England and summoned me into the Crown Office and Chancery and I cannot maintain so many Suits Sir John Croke replied is that all Come brother Larimore be contented we will have one trick more for Hawkins yet which shall do his work Larimore replied Sir John you have put me upon too many tricks already more than I can manage and the Parson is too hard for us still Sir John replied If thou wilt but Act I will Hatch enough to Hang Hawkins Larimore replyed but how shall we bring this to pass Sir John Croke made answer Canst not thou conveigh some Gold or Silver into Mr. Hawkins his House and have a Warrant ready to search his house and then our Work is done Larimore replyed Sir if we could but bring this to pass it might do well but I know not how Sir John Croke said to Larimore Do you but go to Sir Richard Pigott and inform him that you have lost some Money and Goods and desire his Warrant to search for them which Sir Richard neither can nor will deny you and then take Dick Mayne the Constable who is one of us and will do whatever we desire of him and go and search Mr. Hawkins's house and there you will find these things and then Charge him with flat Felony and force him before me and no other Justice and I 'll send him to the Gaol without Bayle And we will hang him at the next Assizes Come said Sir John Croke Brother Larimore let us go and drink our mornings draught and we will consult more about this business And so my Lord I heard no more for that time But L. C. B. That was enough and too much too but however Mr. Browne go on Mr. Browne So upon Saturday next being the 19th of Sept. 1668. I having been abroad and towards night coming up the Town I was informed that Mr. Hawkins as Larimore pretended had robbed him I then began to think more seriously upon what I had heard pass the Wednesday before between Sir John Croke and this Larimore and coming to Sir John's house I saw a paper lying upon the Hall-Table full of writing and Larimore with the Constable and several others had brought Mr. Hawkins before Sir John Croke who Committing Mr. Hawkins for Robbing Larimore as he pretended took up the said paper and read it to the Constable and said that it was Mr. Hawkins's Mittimus which said Mittimus was written before Mr. Hawkins came to Sir John Croke as all that were there can justifie And on Sunday morning I went to an Alehouse where they had kept Mr. Hawkins all night and there I saw Mr. Hawkins go to the Gaol and then my heart began to tremble and yet I durst not discover any thing of what I had heard but coming home I said to Sir John Croke Sir What they have carried the poor Parson to the Gaol Sir John Croke replied Yes let him go and the Devil go with him and more shall follow after have I not often told you that if my Brother Larimore and I did but lay our heads together none are able to stand against us I replied Yes Sir John I have often heard you say so but I never believed it until now L. C. B. Mr. Brown Is all this true which you have related Mr. Brown Yes my Lord all that I have said is true and there sits Sir John Croke pointing to him with his finger who knows that every word that I have said is true L. C. B. If but ever a word that Mr. Brown saies be true it is as soul a Conspiracy as ever was heard of About this time Sir John Croke stole away from the Bench without taking his leave of my Lord Chief Baron or any of the Justices My L. C. B. said Is this Sir John Croke a Gentleman and contrives such Plots as this I

before the time that Larimore swears this Felony was committed Hawk Yes my Lord for I began that Suit for Tythes in Michaelmas Term 1667. and Larimore Swears that I robb'd him upon the 18th of September 1668. which is my Lord about a year after My Lord it is an easie way thus for the Fanaticks to pay Tyths if they can but hang up the Clergy they may cease all their future pleading for Liberty of Conscience Now Larimore began to stumble and shew his malice in prosecuting me unjustly by his multiplying of feigned Felonies wherewith he did then endeavour to load me of which I appeared innocent L. C. B. Larimore have you any more Lar. Yes my Lord Pray call John Chilton Clerk Cryer call John Chilton Cryer John Chilton who answered here Sir and being Sworn my L. C. B. said to him come Chilton what can you say to this business John Chilton said My Lord I can say nothing but that I am paid for my Boots L. C. B. What Boots Chilt My Lord I am paid for my Boots L. C. B. Our Business is not now about Boots but however come and tell me what thou meanest by them Chilt My Lord Mr. Hawkins brought me a pair of tops to put new legs to them which I did and he coming by my Shop told me he wanted his Boots I replied they were done but I being then about to go out did promise Mr. Hawkins to lay them in my Window so that he might take them as he went home which accordingly he did and when I came home I went to Mr. Hawkins who at that time was at Sir John Croke's house where he contented me for my work before we parted and this is all that I can say my Lord. L. C. B. What is this to the purpose can you say any more Chilton if you can go on Chil. My Lord Mr. Hawkins paid me honestly for the Boots but as soon as he began to demand the Tyths of Chilton and did sue for them then they lay at me night and day to have me charge Mr. Hawkins with flat Felony for stealing the said Boots out of my Shop but I told them that I laid them in my Shop-window for him and did bid him take them as he came back and he paid me for my work and therefore I cannot say he stole them L. C. B. Who were they that desired you to charge Mr. Hawkins with the stealing of your Boots Chil. This Larimore Mr. Dodsworth Croke Richard Mayne the Constable Miles and John Sanders who is since dead my Lord Larimore here interrupted Chilton and said my Lord I have five or six witnesses that can prove that all this is false which Chilton hath sworn L. C. B. Call them for I 'll hear all if I sit till night Then Larimore call'd Dodsworth Croke William Croke John Stop Thomas Welch Samuel Salter and William Sanders all these being sworn the sum and substance of their Evidence was to this effect That they had heard John Chilton say that I had stoln a pair of Boots from him to which Chilton being then upon his Oath said that Mr. Hawkins did no otherwise than what before I have sworn and he further added that he never said that I had stoln any thing from him for he had no reason for it L. C. B. Did this Larimore desire you to charge this Mr. Hawkins with Felony and when did he desire you to do so Chilton My Lord Larimore and the rest that I have named desired me to charge Mr. Hawkins with flat Felony for stealing the said Boots as soon as he demanded the Tyths of Chilton and they would have forced me to fetch a Warrant from a Justice of Peace to search for them and did further threaten me in case I would not do it that Sir John Croke would indict me at the Assizes as one accessary to the stealing of my own Goods L. C. B. Was Larimore one of them Chil. Yes my Lord and he said that he would make me swear that Mr. Hawkins had stole my Boots and for that end did serve me with a Subpoena to be here Here Larimore the second time interrupted Chilton and said My Lord this Fellow pointing at John Chilton is hired by Mr. Hawkins to swear this Chil. Replied No My Lord I am not hired by Mr. Hawkins to swear but I might have been hired or born out if I would but swear that Mr. Hawkins stole my Boots by one Croxstone L. C. B. How what is that hired or born out to swear by whom and how tell me the story Chil. My Lord I am not hired to swear by Mr. Hawkins but if I would swear that he stole my Boots out of my Shop I might have been born out in so doing For Tho. Croxstone of Weston on the Green in the County of Oxon told me upon Monday last it being the 8th of March 1668. that if I would but swear what he would have me against Mr. Hawkins viz. that he stole my Boots he would bear me harmless but I replied that it went against my Conscience to do it I added farther that if I should be so wicked as to swear it Mr. Hawkins can prove the contrary by Mr. William Croke and others to which Larimore replied that I need not fear what Mr. Croke knew in that case for he is one of us and will not justifie any thing that may tend to our prejudice I farther told him that I durst not do it for if I should Mr. Hawkins might make me fly the Country as Smart did Wheeler to which Croxstone replied that if I would swear it he would bear me out against the said Mr. Hawkins as far as an hundred pound would go and if that would not do as far as five hundred pound would go L. C. B. How bear you out to swear what Croxstone is this that would do so this is not likely to be true Tho. Croxstone said My Lord I said no such thing L. C. B. I do not believe it to be true Chilton run in and said As I live and breath my Lord Croxstone did say if I would swear that Mr. Hawkins had stole my Boots he would bear me out as I said before and if I made any doubt of it he would give me Bond to make good his promise L. C. B. said This is strange Croxstone My Lord I said I would bear him out in speaking the truth and no otherwise Hawk My Lord may I be heard L. C. B. Yes you may go on Haw I thank your Honour My Lord pray let me ask Mr. Croxstone two or three Questions L. C. B. So you may go on Hawk Mr. Croxstone do you confess that you did promise to bear out Chilton as you said before in swearing the truth Croxstone Yes Sir I did and no otherwise Hawk Was it not about the Boots Croxstone Yes Sir it was so Hawk Did not you desire Chilton to swear that I had stoln his Boots after that he

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