THe Lent-Assizes held at East-Greenstead , for the County of Sussex , yielded few extraordinary or remarkable Occurrences , besides the Condemnation of one Gardiner for a barbarous Burglary and Robbery , by him committed above a year and a half ago ; which was not till these Assizes discovered , being then positively proved against him by his own Daughter : the Circumstances of the matter being thus .

This Gardiner had for the most part of his time been a very bad liver ; several times taxed for pilfering and purloyning tricks , and once branded in the hand already for Felony . He lived not far from Horsham , and ( as I am informed ) had no more Children but this Daughter that gave evidence against him , and was legally instrumental to his punishment : For though he had received several cheks and corrections , as by Imprisonment and Burning in the hand , as aforesaid , that it seems he was so far hardned in evil , that he would take no warning , but still pursued his wicked courses , till they brought him to destruction and an untimely end . For this Daughter after her Mothers death being by him put out unto , or taken to keep by one Davis her Mothers Brother living in the Parish of Shipley about 4 or 5 miles from Hoasham . Her Father was wont often to come thither to visit her , being kindly entertained and made welcome by his Brother-in-law : But notwithstanding these civilities , coming , by I know not what means , to understand that there was a pretty considerable sum of money in the house , and observing that there was usually no more that lay in the house a nights but this Daughter and her Uncle , he resolves with some of his Confederates to make themselves masters of it .

And accordingly about a week before Michaelmas last was twelve months , he and one or two of his Asociates came in the night-time ( the properest season for such deeds of darkness ) to this Davis's house , and having got a Coulter ( an iron Instrument belonging to a Plough ) they therewith forced open the door ; the noise whereof awakened the man of the house , who perceiving Thieves entering into his house , and concluding he should be undone if they effected their wicked designe , took courage ( though he had none but this poor maid to second him ) to oppose them ; and accordingly with what Weapon he could light upon in that distraction , he fought with them a considerable time , keeping them out of the door of the room wherein he lay ; but at last one of them ( who since appears to be this Gardiner ) broke in upon him through the wall , and then seeing himself overmastered , he submitted : But their Mercies proved very Inhumane Cruelties ; for this person that came in through the wall , not content to conquer and rob him , after he had yielded to their violence , most barbarously with the aforesaid Coulter , broke both his arms , and gave him several other grievous bruises and wounds ; and then having laid him as it were dead on the floor , and bound the young wench , and turned her on her face , swearing , They would kill her if she durst look up : They lighted a Candle and fell to pillaging the house , but first broke open a Chest wherein the mony was , which they took away to a considerable value , and several other things which they thought fit for their turn ; and so leaving the Girl bound and the man in that lamentable condition , they departed with their Booty ; no less wickedly got , than it was like to be dearly paid for .

For notwithstanding their severe Charge , the maid apprehending them very busie in rummaging the Chests , took the boldness now and then to peep up a little , and by the light of the candle could plainly discover her Father to be the man that carried the Coulter in his hand , which he still made use of to open Boxes or any thing he had a minde to look into . She likewise had an opportunity to view the face of one other of the Thieves , and took such good notice as to know him again : but when they were gone , would not discover a word of it to her Uncle , fearing , as she has since confessed , that if she should have spoken any thing , her Father or some of his Comrades would kill her .

It was a long time before the poor wounded Man got the use of his Limbs again , his Life being for a great while much dispaired of . But he alwaies had a violent Suspicion of his Brother-in-Law , to be the principal Villain that did him the Injury ; having had some glimpses of of him as they fought together in the Dark and afterwards ; yet deferr'd the Prosecution , the rather , for that in truth , this Gardiner following continually such base courses , was not to be found .

But at last , Providence having designed him a Punishmenr suitable to his Wicked Waies , both he and his former Practises were brought to light : For this last Winter having with one Deadman been concerned in stealing some Wheat out of a Barn , they were appehended thereupon , and Committed to the common Goal for the County of Sussex . And then , and not till then , the young Maid acquainted her Uncle , that it was her Father that was one that robbed him : Whereupon he carried her with him to the Assizes , in order to prosecute against him . And it is said , That assoon as Gardiner ( who before was very chearful , not fearing but to get off about the Wheat , for which he was committed ) heard they were come to Town , he presently began to despair of escaping , and was heard to say ; O then I am a dead man . And assoon as his Daughter saw him and the rest of the Prisoners , she pointed to Deadman , affirming , That he was one that was with her Father in the robbing of her Uncle .

Whereupon an Indictment being preferr'd against them by Davis , and found by the Grand Inquest , they were brought to their Tryal , where Davis swore onely to Circumstances , and that to the best of his knowledge , they were the men ; but the Daughter swore it directly and positively , that they were the very same : Upon which Gardiner spoke to her in Court in these words : Childe , look upon me , am I not thy Father ? and what have I done , that thou shouldest go about to take away my Life thus falsly and maliciously ? And thereupon proceeded to make many protestations of his Innocency in the Fact charged against him , but the Maid with much assurance , answered to this effect : I confess you are my Father , and I am sorry to see you in this Condition ; but many a good Childe may have a bad Father : I am upon my Oath , and my Soul is dearer to me than my Father : I speak nothing but the Truth , and that I must and will speak .

And so repeated her Evidence , and persisted in it , That he was one of them that robbed her Uncle , and the very man that gave him those cruel blows whereby his Limbs were broken , and that Deadman was another of them ; whereupon the Jury for life and death , brought them in guilty , and they both received Sentence to die for the same .

After their Condemnation , they denied their doing it to a Minister , that went to visit them in order to Preparation for their latter End ; but did not seem to express such outward signs of their being sensible of their sad Condition , as might have been expected . One of them being questioned as he went to Execution by a Gentleman of Quality , formerly his Master , whether he had ever wronged him . He solemnly protested , that He had not ; but confessed , that since , he had been very Guilty of Theft , and injured divers Persons : but affirmed That for that very Fact , for which he was now to Die , he was innocent . And so they both avowed at the Gallowes : But very few people have yet the Charity to believe them . However the Law proceeded justly , and the Executioner did his Office : And their Case is now left to the Judgment of a Higher Tribunal , where no mistakes can be committed .

There were no more Executed these Assizes .