Monday, and Tuesday, the 27th. and 28th. of July, 1685. be­ing the days appointed, for holding the Assizes of Nisi­prius, Oyer and Terminer, and Goal-de­livery for the County of Berks, at New-Windsor: On the 27th. Baron Gregory arrived there, when after the Sermon ended and some refreshment, he passed to the Town-Hall and caused the Com­mission to be read; most of the Ju­stices in Commission of the Peace for that County being present, which ended, Or­der was given to adjourn the Court till Seven the next Morning, and that all persons who had any thing there to do, might give their Attendance at the time aforesaid. On Tuesday the 28th. about Seven in the Morning the Court accord­ingly Sate upon the Nisiprius in the Mark­et-House; intending to try the Crimi­nals in the Town-Hall, but that being found incommodious, by reason of its closeness and the heat of the Weather, the Market-House was chosen, likewise the Criminals Tryals came on in the Af­ternoon, being tryed successively by two several Juries, sworn to try between our Sovereign Lord the King, and the Prisoners they should have in their charge, upon the Tryals of their several Lives and Deaths, &c.

• Robert Lovel.
• Abraham Absolom.
• John Pointer.
• Richard Cottrel.
• William Alexander.
• Richard Seaford.
• Robert Newbery.
• Thomas Twinerose.
• Thomas Wilks.
• William Newton.
• Godfry Web.
• John Curson.
• George Langton.
• Richard Alden.
• William Miles.
• Thomas Piggot.
• Thomas White.
• Richard West.
• John Tickner.
• Williaem Miller.
• Jacob Seward.
• Edward Pasemore.
• Anthony Martin.
• Thomas Gerring.

The Juriors sworn, the Proceedings against the Prisones, &c. were these.

John Gowen, of the Parish of Harwell in the County of Berks, Indicted for steal­ing [Page 2]a Gelding Value Fifty Shillings; a Mare Value Forty Shillings; together with a Colt, valued at Twenty Shillings, from William Lidiot, on the 20th. of June last, who pleading not Guilty to the said In­dictment; the Witnesses for the King be­ing sworn, deposed that the Gelding, Mare, and Colt being missed out of Ledi­ots Ground, and diligent search made af­ter them, they were followed by the Tracks to the Town of Harwell, where they found them in a Stable, fast tyed with Halters about their Necks, whereupon they de­manding of the people of the house to whom the Stable belonged, who brought them thither? who discribing him, dili­gent search thereupon made, he about an hour or two after was apprehended, as he endeavoured to make his escape a back way: To this he pleaded, that ha­ving been at a Fair in Wiltshire, and Ri­ding on his own Mare by the Grounds of Lidiot, the Gelding, Mare, and Colt, get­ing out of the inclosure followed him; but it appearing to be twenty Miles di­stance from the place where they first were, to the place where he had tyed them up, and that he had given the Inn▪keeper charge of them; and over and a­bove, having no body to prove his Life and Conversation to be Honest, or by what means he subsisted, he was found Guilty.

Daniel Holderness, a Youth about four­teen Years of Age, Indicted for stealing between three and four Pounds in Mony from Mathew Grove of Ockingham in the County of Barks, on the 12th. of March last; upon whose Tryal it appeared, that the Prosecutor having been a Servant to William Grove, and received ten Pounds for Wages, left a part of it in his Trunk; (upon his going away from his Master) till he had a conveniency to send for it, during which time it was broken open, and the Prisoner living in the Nature of a servant with William Grove at the time it was broke open, and soon after run­ing away gave cause to suspect him, and the rather by reason he was observed to have Monys, which they could not other­wise concieve how he came by it: It was further alledged he had made a kind of a confession, but he denying it in Court, and pleading what he had said was out of fear extorted from him by threats, and no possitive proof of the taking it appa­rent, he was acquitted.

John Johns, and Richard Gunner joynt­ly Indicted for stealing one Dozen of Felt-Hats, to the Value of Forty Shillings from Edward Kidgel of the County of Berks on the 4th. of June last; upon whose Tryal, it appeared that the Pro­secutor sending a Box of Hats to a Chap­man of his by a Waggon; the Number specified, were upon the arrival of that Box missing, so that inquiries being made into the matter, a Barge-man in­formed Mr. Kidgel that he saw the for­mer of the Prisoners have a parcel of such like Hats, upon which he was apprehend­ed who confessed his Companion, saying he took them out of the Box as the Wag­gon stood in the street, it being in the Night time and very dark, and that Gun­ner watched till he had effected it, and that seven of them were sold at Maiden-head. This being sworn to be the con­fession of Johns before the Justice; upon his first being Apprehended, he notwith­standing, pleaded in the Court he found them, but that being looked upon as a frivelous pretence, he was found Guilty; but there being no other proof than what Johns had confessed against Gunner, he was acquited.

William Stainy and Jsaack Stevens, Indicted for Robbing Alice Bowles, of Marlow in the County of Berks, of Rib­bon, Lace, Silks and other Goods, to the value of Thirty pounds, on the 25 of De­cember last: Upon the Tryal, Alice Bowles gave Evidence that she coming over Maiden-head-Thicket, was set upon by two men, who violently threw her down and bound her Hands to one Tree and her Leggs to another and held a Pist­ol to her to prevent her crying out, and then took away the Goods before-menti­on'd with divers others in a little Trunck which Trunck upon search she sometime after found in Staney's House, whom she did affirm was one of the Parties that had Robed her, and left her bound where she must have perished, had not People came luckely by, but as for Stevens she was not positive. To this Stany pleaded th [...] [Page 3]he had the Trunk and divers goods men­tioned in the Indictment, but that he found them near one Mr. Winwoods house in his way to Colebrook, and that no Claim in a considerable time being layed to them, he sold them: but the Jury not believing him in that point, and he having been otherwise suspected, they found him Guilty of the Felony and Robery &c. But there being no positive Proof against Stevens he was acquit­ted.

Robert Carter, Indicted for Stealing 800 weight of Hay, and 6 Bushels of Oats, from Henry Hubbert of Ockingham, in the County aforesaid, on the 1st of June, upon the Tryal it appeared that Carter had taken the Hay and Oats off the Ground in Cocks in the day time, nor did he deny it in Court, but pleaded for himself, that the Ground whereon they stood he had a claim too, and payed Rent for it, having a Grant for a continued possession, and that he gave notice before he took of the Goods mentioned, when in the end it appearing there had been former difference between the Prisoner and the Prosecutor, and that this prose­cution proceeded from that Animossity it being thought rather a Tresspass than a Felony; the Jury Acquitted Carter.

John Osbourn of N [...]w-Windsor, Indict­ed for the murther of Edward Sprag, (of the same place) on the 25th. of July, by giving him a Wound under the right Pap, of which he instantly dyed; upon the Tryal of Osbourn it appeared that Sprag coming out of a Victualling house where he had been to make Inquiry for company, found Osbourn making Water against the Wall, who being a Soldier and having a Sword by his side, Sprag began to pull at it in a jesting manner, which occasioned them to Push each o­ther with their Hands: so that in the end a kind of a Scuffle passed between them, though most of the Spectators took it not to be in Earnest, yet it so far Exasperated Sprag that in some Rage he offered to Fight Osbourn with one Hand, and thereupon threw his Head in his Face, which occasioned them to close; whereas Osbourn bitt Spragg by the Fore­head, and finding opportunity to disin­gage himself, retired a distance from him, but Sprag finding himself hurt made after him, who drawing his Sword held the point against him, biding him keep off, but whether he minded it not, or that Osbourn pushed; the Spectators could not well discern, but so it hap­pened that he received a mortal Wound, of which after some Scuffling with Osbourn he dyed, though many Applications were made the Wound bleeding inward; to this Osbourn plead­ed he had no Malice to the deceased, and was sorry for what he had unhappily done, and that he began with him first, that as much as in him lay he shun'd and avoided him, knowing him to be too hard for him; that he bid him keep off, but he pressing on run himself upon his sword he not making any push at him, and in fine, no premeditated Malice appearing, the Jury found him Guilty of Manslaugh­ter only.

James Smith of Suning-Hill, in the County of Berks, tryed upon to several Indictments; the first for stealing a Horse, value four Pound, on the 10th. of March last, from William Bartlet: The second for stealing two Mares in April last from James Bennet; to both these Indictments he pleading not Guilty, up­on his Tryal it was proved against him, that the Horse and Mares were found in the custody of those persons to whom he had sold them, and that upon their be­ing questioned they produced him as their Principal, he not denying but that they had so bought them; whereupon be­ing demanded by the Court how he came by them, he alledged that his Fa­ther dying left him them, and he being necessitated was fain to sell them for rea­dy mony; but not being able to prove it or produce any honest person to give a good Character of him; he was found Guilty upon both Indictments.

John Higs Indicted for stealing twen­ty Sheep valued at 13 l. from one Mr. Harris of the County aforesaid; upon the Tryal it appeared that the Sheep being lost out of Harris's Ground, and strict in­quiry being made after them, they were found in the custody of one Bagley, who being taxed with the Felony. alledged [Page 4]that he bought them of Higs, and there­upon produced him who not being able to deny it, was sent to Prison, yet in Court endeavoured to excuse it; but Bag­ley appearing against him, and being po­sitive upon Oath that he bought them of the Prisoner, and he not being able to give any good account of himself, he was found Guilty.

Richard North of Finchamstead, In­dicted for taking three Shillings from John Bowyer, under pretence of being an Officer; which upon Tryal appeared thus, North meeting Bowyer upon the Road on the 20th. of January last, and ha­ving before understood he was in trou­ble and fearful of an Arrest, pretending to be an Officer, told him he had a Writ against him laying hold on him at the same time; but told him withal, if he would give him any gratuitie he would wink at it and let him go; whereat Bowyer being terrified under the apprehensions of an Imprisonment, gave him three Shillings, all the Mony he had about him, and so was dismissed, but under­standing afterwards that North was no Officer, but had cheated him of his Mo­ny, he brought this Indictment against him: Upon this Evidence, North who could say little for himself, was found Guilty of cheating Bowyer of the Mony specified in the Indictment.

Thomas Luggrave of Reading, being Indicted for uttering Seditious words, on the 27th. of June, in Favour of the late D. of Monmouth, and Rebels late in Arms, which were proved against him, and it appearing that he had been a Restless Factious Person he was found Guilty of the Misdemeanour.

The Proceedings having been thus far, the Court proceeded to pass Sentance on such as were found Guilty as follow­eth.

Three Persons Burnt in the Hand, having recieved their benefit of their Clergy viz.

John Johns, for stealing Twelve Hatts, John Higgs, for stealing Twenty Sheep, and John Osbourn, for Manslaugh­ter.

Two to stand in the Pillory viz.

Richard North, to stand at Ockingham from the Hours of Twelve to Two, for Cheating John Bowyer: Thomas Lug­grave to stand at Reading, for the same space of time, for speaking Seditious words.

Three Received Sentence of Death viz.

John Gowin, for stealing a Gelding and a Colt, William Staney, for Robing Alice Bowls on the High-way, and James Smith for Horse stealing.

And so ended this remarkable Assize, the Court riseing on Tuesday about Nine in the Evening.