A TRUE ACCOUNT OF THE PROCEED Against the Criminals, at the Assizes of Oyer and Terminer, and Goal-Delivery, at the Market-House Holden in NEW-WINDSOR for the County of BERKS.  
Which began on Monday the 27th. of July, 1685. and ended on Tuesday the 28th of the same: Giving a Relation of the Trials of divers Notorious Malefactors, tried for Roberies, Felonies, Murder, and other Crimes and Misdemeanours; together, with their Names, Number: And more particular, an Account of such as Received Sentence of Death, were Burnt in the Hand, and ordered to stand in the Pillory.  
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 Sat 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 Wether, the Market-House was chosen, likewise the Criminals Trials came on in the Afternoon, being tried 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 Trials of their several Lives and Deaths, etc.  


The Names of the Juriors.  
Robert Lovel.  
Abraham Absolom.  
John Pointer.  
Richard Cottrel.  
William Alexander.  
Richard Seaford.  
Robert Newberry.  
Thomas Twinerose.  
Thomas Wilks.  
William Newton.  
Godfrey 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 Proceed against the Prisons, etc. were these.  
John Gown, of the Parish of Harwell in the County of Berks, Indicted for stealing 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 miss 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 tied 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, getting out of the enclosure followed him; but it appearing to be twenty Miles distance from the place where they first were, to the place where he had tied 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 Money from Matthew Grove of Ockingham in the County of Barks, on the 12th. of March last; upon whose Trial 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 running away gave cause to suspect him, and the rather by reason he was observed to have Monies, which they could not otherwise concieve how he came by it: It was further alleged 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 positive proof of the taking it apparent, he was acquitted.  
John john's, and Richard Gunner jointly 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 Trial, it appeared that the Prosecutor sending a Box of Hats to a Chapman of his by a Wagon; the Number specified, were upon the arrival of that Box missing, so that inquiries being made into the matter, a Bargeman 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 Wagon 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 Maidenhead. This being sworn to be the confession of john's 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 john's had confessed against Gunner, he was acquitted.  
William Stainy and Isaac Stevens, Indicted for Robbing Alice Bowls, of Marlowe 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 Trial, 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 Legs to another and held a Pistol to her to prevent her crying out, and then took away the Goods beforementioned with divers others in a little Trunk which Trunk 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 luckily by, but as for Stevens she was not positive. To this Stany pleaded th●● 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 laid 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 etc. 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 Trial 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 paid 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 murder 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 died; upon the Trial 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 bit Spragg by the Forehead, and finding opportunity to disengage 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 died, 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 shunned 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, tried 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 Trial 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 alleged that his Father dying left him them, and he being necessitated was fain to sell them for ready money; 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 Trial it appeared that the Sheep being lost out of Harris' Ground, and strict inquiry being made after them, they were found in the custody of one Bagley, who being taxed with the Felony. alleged 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 Trial 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 gratuity 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 Money he had about him, and so was dismissed, but understanding afterwards that North was no Officer, but had cheated him of his Money, he brought this Indictment against him: Upon this Evidence, North who could say little for himself, was found Guilty of cheating Bowyer of the Money 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 Proceed having been thus far, the Court proceeded to pass Sentence on such as were found Guilty as followeth.  
Three Persons Burnt in the Hand, having received their benefit of their Clergy viz.  
John john's, for stealing Twelve Hats, 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 Highway, and James Smith for Horse stealing.  
And so ended this remarkable Assize, the Court rising on Tuesday about Nine in the Evening.  
This may be Printed, August, the 1st. 1685. R. L. S.  
FINIS.   

London Printed by E. Mallet, in Black-Horse-Alley near Fleet-Bridge, 1685.