ntlemen, and their assigns. I applied myself therefore to them, in order to persuade them to pay me for serving the same cure, out of the profits aris- ing from the said Rectory : and they, by the advice of their counsel, granted me a lease of the said Rectory, with all the glebes, tithes, and other profits belonging to it, under both their hands and seals, to enable me to demand the same. Upon which I returned to Chilton, and acquainted Sir John Croke with what I had done; humbly entreating him to pay me what was due, and, upon that condition, I promised to deliver up the same lease. But Sir John, instead of complying, told me I was a treacherous villain, and had undermined him in his estate, and therefore was not fit to live; and that the lease should be of no use to me ; for that he would find out a way to prevent all my designs, and put a stop to all my proceedings, for he knew how to do my business to all intents and purposes ; and bid me get out of his sight, or else he would knock me down immediately : so I left him in a great rage and passion. Soon after this, he advised one Mr. Good, a Minister in the next parish, with the said Larimore, and others, to make a forcible entry upon my church in Chilton, which according they did, by breaking it open ; and I indicted them for a riot upon that account at the next sessions at Buckingham. And then I desired several of the farmers to give me a meeting, in order to prevent a suit in law, if possible. When they came to me, I told them, that Sir John Croke owed me a great sum 3 R 490 SIR JOHN CROKE. book iv. of money, for serving the cure at Chilton, which they knew to be true ; and that he refused to pay me ; and therefore, unless they would find out some way for me to be paid, I must put my lease in suit, and force them to pay their tythes to me, or compound with me for them. They replyed, that it would be unjust in me to make them pay their tythes over again, which they had bought of Sir John Croke, and had taken their farms tythe free. I replied, if they would let me see their leases, I would not insert any of those persons' names in my bill, whose leases bore date before the outlawry and extent ; but all those whose leases were made since that time, were liable to pay their tythes to me, or else compound with me for them. But they reply'd, they would consult with Sir John Croke about the matter, and let me know his answer in a short time. " So when they had discoursed with Sir John, they told me that he said, they needed not to fear what I could do to them by vertue of the lease, or upon any other account, for, as soon as I should begin the suit, and de- mand the tythes, he was fully resolved to do my business so effectually, as should stop all my proceedings. " So when I saw I could not prevail to get my money either from Sir John Croke or the tenants, I was forced to exhibit my bill in the Exche- quer, for tithes against Larimore, Mayne the Constable, Thomas Beamsly, Nicholas Sanders, and others; which I did in Michaelmass term, 1667, as may appear by the records of the Exchequer ; and when the said Lari- more, Mayne, and the rest above named, were served with subpcenas to answer my said bill, Sir John Croke soon after, viz. Wednesday, Septem- ber the 16th, 1668, entered upon this conspiracy, with Larimore, to take away my life, as will fully appear by Mr. Brown's evidence in the trial, which shews how they prosecuted their malice, how justice was done, and my reputation as well as life secured by my acquittal : I shall only mention farther, the incouragement 1 had from my Lord Chief Baron, to prosecute several of the conspirators. He himself was pleased to direct the process for special bail, to order the Under Sheriff to demand £500. security of each ; and, upon amotion at the Exchequer by Sir Richard Croke, and other eminent council, that less might be accepted, positively insisted upon the said order. But all ended in their hearty submission to me, and a reasonable composition with them ; Larimore paid me «£30. ch. rv. sec. ii. SIR JOHN CROKE. 491 Thomas Croxton ^44. Thomas Beamsly <£20. Mayne £\5. Nicholas Sanders =£12. In all ,£121. The others were secured by their poverty and Sir John Croke lost his commission." Though Sir John Croke was sufficiently culpable, this account is evidently much exaggerated, and in some parts a misrepresentation. The barefaced avowal, and even boast, of dishonest principles, here attributed to him, would shew a degree of profligacy scarcely credible in any man. This preface was written under a strong sense of injuries, with something of triumph, for having succeeded in escaping them, and it was published at a time when the author might hope to gain favour by blackening the puritans. Hawkins himself appears not to have been of the most unblemished reputation, for it is said by Anthony Wood, that " he was afterwards Vicar, but a poor one 5 " if not scandalous, of Beckley'." This trial took place at Aylesbury, on the 11th of March, 1668, before Sir Matthew Hale, and Hugh Windham, Serjeant at Law. Hawkins was indicted for stealing two gold rings, one white Holland apron, two piece s of gold of the value of ten shillings each, and nineteen shillings in silver, belonging to Henry Larimore, upon the 18th of September. Sir John Croke was present in court, but quitted it abruptly before the conclusion. The best short account of this trial will be the summing up of Sir Matthew Hale to the Jury. At the end of the examinations, the Lord Chief Baron (Hale) asked if Sir John Croke was gone, and informed the Court " that he had sent him " that morning two sugar loaves for a present. 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. I cannot think that Sir John Croke believes " that the King's Justices came 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, he asked the gentlemen if it was his hand, which appearing, the Lord Chief Baron said, " he intended to carry it to London, and would relate the " foulness of the business upon occasion." His directions to the Jury were to this effect. 1 Ath. Ox. vol. ii. col. 426. Ed. i. 3 R 2 492 SIR JOHN CROKE. book iv. " You that are of the Jury, the prisoner at the bar stands indicted for robbing this Lariraore, and you have heard at large, both the prosecutor's evidence to prove him guilty, (which if you do believe,) I never heard a fuller. And, secondly, you have also heard the prisoner's 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 prosecutor's 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 robbe y. Secondly, His son and sister swear 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, were found in the house of him that is now the pri- soner at the bar. Fourthly and lastly, He proves by two witnesses, that the gold ring and five shilling piece were pawned to him. And for the first of these, Larimore swears, that upon Friday, the 18th of September last past, he locked his doors, between twelve and one of the clock at noon, and went out (leaving nobody at home,) to pluck hemp, about two furlongs from his house, where he stayed with the rest of his fa- mily, till within an hour and an half of sunset ; at which time, he coming home, found his door open, and ran up into his chamber, and there through the chinks 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 Hol- land apron, and a purse, in which purse were two gold rings, two pieces of gold, and nineteen shillings 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 shew 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 ch. rv. sec. ii. SIR JOHN CROKE. 493 rings, money, &c. 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 wit- nesses more, viz. his son and sister Beamsley, 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 him- self 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 Croke, the Constable, and Tythingman, which all swear, that they found this gold ring, and five shil- ling 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 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 were pawned to him. If all this be true, he must needs be guilty, and if so, altho' I have a great respect for his calling, yet that shall no way 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 a 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. 494 SIR JOHN CROKE. book iv. Now we come to the prisoner's defence, which, because it is so full, I shall be the briefer in it. The parts of his defence were two, as himself observed. 1. He shews how too improbable it is. And 2. How impossible it is that he should be guilty of this charge. First, That it is not likely that Larimore was robbed at all, because he did not declare it to any of his 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 Beamsley, that he had lost the ring and five shilling piece, before there was any difference between him ami the prisoner at the bar, as appears by Mrs. Willcox, and that difference began in Michaelmas term, 1667: and before Sir John Croke he confessed that he had lost this a month before the prisoner was committed, which must be about the 19th of August, 1668. And in court, he swears, that he saw the prisoner rob him of the same gold ring, and five shilling piece of silver, upon Friday the 18th of September, 1668, an hour and an half before sunset; all this cannot be true ; and for the warrant, that bears date a day before the rob- bery was committed, whereupon the Judge said to Larimore, Come, thou art a cunning fellow, for thou wentst to Sir Richard Pigott for a warrant on the 17th day, and wast not robbed untill the 18th day : Lari- more, thou knewest, it seems, upon the 17th day, that thou shouldest be robbed on the 1 8th day, that the prisoner at the bar should rob thee ; surely thou canst divine, if all this be true. Again, is it likely, that when the prisoner was charged with flat felony at his own doors, the constable like- wise 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, 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 ch. iv. sec. ii. SIR JOHN CROKE. 4.95 came into the room ; as he put up his hand to take down the basket, he might with ease enough convey such things as these were into it. All this, and many more, are probable circumstances, to move you and me to believe, that it is not possible, that the prisoner at the bar is guilty of this robbery ; but that I must leave to you to consider of. Again, the prisoner at the bar proves the whole business to be but a meer contrivance of Sir John Croke's and this Larimore, on purpose to ruin him, as is fully made manifest by the testimony of Mr. Brown, who justifies, that upon Wednesday the 16th of September last past, and but two days before this pretended robbery, he heard Sir John Croke advise this Larimore to fetch a warrant to search the house of the prisoner at the bar, and then to 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