Hawk. I have one witness more that I de-
sire may be called, viz. Mr. Samuel Brown.
L. C. B. Yes, yes, call him; come, Mr.
Brown, 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 Croke said, he would fling me in the gaol, and load me with action upon action of 1,000l. 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. Brown a writ of privilege, to protect him home again; which being immediately done in court, my L. C. B. said, Come, Mr. Brown, let us now hear what you can say to this business.

L. C. B. That was enough and too much too; but however, Mr. Brown, go on.

Hawkins's 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 ale-house, where they had kept Mr. Hawkins all night, and there I saw Mr. H. go to the gaol, and them my heart began to tremble, and yet I durst not discover any thing of what I heard; but coming home, I said to sir John Croke, Sir, What, they have carried the poor parson to gaol? Sir John Croke replied, Yes, let him go, and the devil go with him, and more shall follow after; have I not often told you, that if my brother Larimore and I did but lay our heads together, none are able to stand against us? I replied, Yes, sir John, I have often heard you say so, but I never believed it until now.

Mr. Brown. 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 Mr. Brown said; If it please your houour he pretended, took up the said paper and read (my lord) upon Wednesday, the 16th of Sep-it to the constable, and said, that it was Mr. tember last past, early in the morning, as I lay in my bed at sir John Croke's house in Chilton, hearing a great noise (1 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 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 undo me, for he hath entered me into tnost 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 into Mr. Hawkins's 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 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 him, and go and search Mr. VOL. VI.

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 foul a conspiracy as ever was heard of.

About this time sir John Croke stole away from the bench, without taking his leave of my Lord Chief Baron, or any of the Justices.

My L. C. B. said, Is this sir John Croke a gentleman, and contrives such plots as this? I never in all my days heard of the like: But I think once in this place I met with one something like it, but this far exceeds that, if this be true that Mr. Brown 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, then all that is false which Larimore, his son, and sister hath sworn.

3 P

also, for he swears, he broke open or picked the locks of his doors, and box, which by law

is the same.

lost this a month before the prisoner (viz. Mr. Hawkins) 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 Sep

And Secondly, To corroborate this his evidence, he brings in two witnesses more, viz. his son, and sister Beamsley, and they swear that they did, at the same time, see the pri-tember 1668, an hour and half hefore sunset; soner 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 Croke, the constable, and tithing-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, 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 bitn, and four or five persons swear, that they did hear Chilton say he did. 2. He brings in 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.

Now we come to the prisoner's Defence, which because it is so full, Ì shall be the briefer in it. The parts of his Defence were two, as himself observed. 1. He shews how too improbable it is. And 2. How, impossible that he should be guilty of this charge.

First, That it is not likely that Larimore was robbed at all, because he did not declare it to any of his 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

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 Pigot for a warrant on the 17th day and was not robbed until the 18th day; Larimore, thou knewest, it seems, upon the 17th day, that thou shouldest be robbed on the 18th day, that the prisoner now at the bar should rob thee: surely, thou can'st divine, if all this be true. Again, it is likely, that when the prisoner at the bar was charged with flat felony at his own doors, the constable likewise threatning to break open his house to search, if he had been guilty, his wife and himself having the opportunity of going abroad after they had so charged him, while they were gone to consult with sir John Croke, as the prisoner at the bar sufficiently proved they did, by the testimoy of several witnesses, (as Mr. Read, 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. 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 promis ng to the said Larimore to commit him to the gaol without bail, and hang him at the next assizes, which is now: And, as You of this jury, I take it, they do aim at it.

if you do believe what Mr. Brown saith, it is as foul a conspiracy as ever was heard of: And I

the prisoner at the bar did pick his pocket, or that Noble ever said he did.

Thus I have repeated the Evidence to prove

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 Arraignments asked whether they were all agreed upon their verdict. Jury. Yes, we are all agreed. Clerk. Who shall speak for you? Jury. Our Foreman.

am apt to think it may be probable, because that sir John Croke and Larimore did threaten to cast this Mr. Brown into prison, and so ruin him, if he came down and testified his know-him guilty, and have not I think omitted any ledge about this business, which thing is of a thing in it that is material. Which if you do very ill consequence. Again, it seems likely believe, he must needs be guilty. And also the that Mr. Brown may be credited, if you com- prisoner's defence, which I think is sufficient. pare their actions with the times; for upon It is a plain case, and I suppose you need not Tuesday sir John arrested the prisoner upon a go from the bar; but that I leave to you. feigned action of 100. Upon Wednesday the plot was concluded upon by sir John Croke and Larimore, as may appear by Mr. Brown's testimony. On Thursday they procured of sir Richard Pigott the warrant to search. On Friday, Larimore pretends that he was robbed (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 week's 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 past, (it being the same day that he swears he saw the prisoner at the bar robbing him, and an hour and half before sun-set) and there continued till it was near night; and he further saith, that Larimore was with him all that afternoon. And he said, that Larimore was not robbed that afternoon, nor was Mr. Hawkins there at that time. If this that Mr. Wilcox saith be true, then all that Larimore, his son, and sister bath sworn must need be false.

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 endeaYours 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: Aud for that which Boyce swears, is a story that can argue nothing else; for neither is Noble here to prosecute, uor can Boyce swear that

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. Hule 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.

Gaoler 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 mens' 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 whle morning, which lasted from eight until one. So as soon as my trial was over, sir John Croke, Larimore, and the rest of that crew, fled privately out of Ailesbury, and durst not stay.

230. The Trial of WILLIAM PENN and WILLIAM MEAD, at the Old Bailey, for a Tumultuous Assembly: 22 CHARLES II. A. D. 1670. [Written by themselves.*]

[To the account printed in 1670 there is this In

troduction: "As there can be no observation where there is no action; so it is impossible,

Published in the same year under the title of "The People's Ancient and Just Liberties, "asserted, in the Trial of William Penn and "William Mead, at the Sessions held at the "Old-Bailey, in London, the 1st, 3rd, 4th "and 5th of Sep. 1670, against the most ar-, bitrary procedure of that Court."

"Isaiah, x. 1. 2. "Woe unto them that deeree unrighteous decrees, and write griev

there should be a judicious intelligence, without due observation. And since there can be nothing more seasonable than a right in

ousness, which they have prescribed; to turn away the needy from judgment, and to take away the right from the poor, &c."

Psalm xciv. 20. "Shall the throne of iniquity have fellowship with thee, which frameth mischief by a law.”

'SIC volo, sic jubeo, stat pro ratione voluntas.' With a Prefatory Address as follows:

formation, especially of Public Acts; and well knowing, how industrious some will be, to mis-represent this Trial to the disadvan tage of the cause and prisoners, it was thought requisite, in defence of both, and for the satisfaction of the people, to make it more public; nor can there be any business wherein the people of England are more concerned, than in that which relates to their civil and religious liberties, questioned in the persons above named, at the Old-Bailey, the 1st, 3rd, 4th, and 5th, of Sept. 1670."]

The Indictment sets forth, That William 'Penn, Gent. and William Mead, late of Lon'don, linen draper, with divers other persons 'to the jurors unknown, to the number of

PRESENT, Sam. Starling, mayor; Tho.
Howell, recorder; Tho. B'udworth, William
Peak, John Robinson, Richard Ford, and Jo-300, the 14th day of August in the 22d

TO THE ENGLISH READER.

"If ever it were time to speak or write, it is now, so many strange occurrences requiring both. How much thou art concerned in this ensuing Trial, where not only the Prisoners, but the Fundamental Laws of England, have been most arbitrarily arraigned, read, and thou mayest plainly judge.

"Liberty of Conscience is counted a pretence for Rebellion, and religious assemblies, routs, and riots; and the defenders of both, are them, reputed factious and disaffected.

"Magna Charta, is Magna f with the Recorder of London; and to demand right an affront to the court.

"Will and Power are their great charter, but to call for England's, is a crime, incurring the penalty of their Bale-dock, and Nasty-hole, nay, the menace of a Gag, and Iron Shackles

tuo.

"The Jury, though proper judges of law and fact, they would have over-ruled in both, as if their Verdict signified no more, than to echo back the illegal Charge of the Bench; and because their courage and honesty did more than hold pace with the threat and abuse of those, who sat as judges, after two days and two nights restraint for a verdict, in the end were fined and imprisoned, for giving it.

religious liberty, the reason, why we should be denied our civil freedom, as if to be a Christian and an Englishman were inconsistent, and that so much solicitude and deep contrivance, should be employed only, to ensnare, and ruin, so many ten thousand conscientious families, so eminently industrious, serviceable, and exemplary, whilst murder can so easily obtain pardons, rapes be remitted, public uncleanness pass unpunished, and all manner of levity, prodigality, excess, profaneness, and atheism, universally connived at; if not in some respect manifestly encouraged, cannot but be detestably abhorrent, to every serious and honest mind.

"Yet that this lamentable state is true, and the present project in hand, let the London's Recorde, and Canterbury's Chaplain he heard.

"The first in his public panegyric, upon the Spanish Inquisition, highly admiring the pru'dence of the Romish Church, in the erection of it, as an excellent way to prevent Schism,' which unhappy expression, at once passeth sentence, both against our fundamental laws, and Protestant Reformation.

"The second, In his printed mercenary Discourse against Toleration, asserting for a main principle, That it would be less injurious to 'the government, to dispense with prophane "O! what monstrous, and illegal proceed-and loose persons, than to allow a toleration ings are these? Who reasonably can call his coat his own? When property is made subservient to the will and interest of his judges; or, who can truly esteem himself a free man? When all pleas for liberty are esteemed sedition, and the laws, that give, and maintain them, so many insignificant pieces of formality.

"And what do they less than plainly tell us so, who at will and pleasure break open our locks, rob our houses, raze their foundations, imprison our persons, and finally deny us justice to our relief; as if they then acted most like christian men, when they were most barbarous, in ruining such, as really are so; and that no sacrifice could be so acceptable to God, as the destruction of those, that most fear him. "In short, That the conscientious should only be obnoxious, and the just demand of our

to religious dissenters:' It were to over-do the business, to say any more, where there is so much said already.

"And therefore to conclude, we cannot choose but admonish all, as well persecutors to relinquish their heady, partial, and inhuman prosecutions, as what will certainly issue in disgrace here, and inevitable condign punishment. hereafter, as those who yet dare express their moderation, however out of fashion, or made the brand of fanaticism, not to be huffed, or menaced, out of that excellent temper, to make their parts, and persons subservient to the base humours, and sinister designs of the biggest mortal upon earth: But to reverence and obey the eternal just God, before whose great tribunal all must render their accounts, and where he will recompence to every person according to his works.'