Selected quad for the lemma: england_n

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england_n	enter_v	king_n	scotland_n	2,905	5	8.4813	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63138	The tryal and condemnation of Capt. Thomas Vaughan for high treason in adhering to the French-king and for endeavouring the destruction of His Majesties ships in the Nore who upon full evidence was found guilty at the Sessions-House in the Old-Baily, on the 6th of Novemb. 1696 : with all the learned arguments of the King's and prisoners council, both of	Vaughan, Thomas, 1669?-1696, defendant.; Murphy, John, d. 1696.	1697 (1697)	Wing T2136; ESTC R5441	51,400	53

taken before Sir Charles Hedges the 25th of July 1695. L. C. J. Holt. Read it Then Mr. Cawley read the Examination of Thomas Vaughan The 27th of July 1695. Officium Domini contra Thomam Vaughan Capuem ' Navicule the Loyal Clencarty The Examination of Thomas Vaughan late Commander of the Ship the Loyal Clencarty aged about Twenty Six Years taken before the Right Worshipful Sir Charles Hedges Kt. Judge of the High Court of Admiralty of England THis Examinate saith That he was born at Martinico within the Dominons of the French King and is his Subject but refuses to answer of what Parents he was born That he came last from thence about four Years ago as Commander of a ship called the Hare which had been before taken from the English and came in her to Nants in France and hath ever since been in France or cruizing in French Ships That he hath been a Commander ever since he was sixteen years of age and hath Commanded several French Privateers and was Commander of a Privateer of St. Malo called the Granada of 36 Guns which about two Years ago took the Diamond and the Examinate was never till now taken Being asked Whether he ever lived in England or in Ireland he refuses to answer Being asked Whether he knew any thing of the taking and earrying of a Custom-House Boat from the Downs to Bulloigne or Whether he was then in London or did give directions to any Persons or knew of her being carried off he answered nothing but said That if any Person would prove it against him he was present to answer it but saith That in France he heard of her being brought to Bulloigne and he the Examinate bought her at Bulloigne of the Men that carried her away and that she cost him 900 and odd Livres and was then called the Elizabeth and Ann or Michael and Ann but which doth not remember That he the Examinate still hath the said Vessel at Bulloigne That he cannot tell the names of the Persons he bought her of and that took her away but believes they had a Commission That something above three Weeks ago the Examinate went with a Commission from the French King on board a two and twenty Oar-Barge called the Loyal Clencarty then at Bulloigne as Commander thereof and on Munday last was a fortnight was taken by the Coventry Man of War at the Buoy in the Gunfleet And that the Commander of the Coventry took away this Examinate's Commission being asked upon what design he came out with the Barge replied that it was not to take the Air That the Barge formerly belonged to the Lord Danby and was taken by a French Privateer about a Year ago That before he came out he met with two English Seamen upon the Court of Guards at Bulloigne who told the Examinate That they had been taken Prisoners and the Examinate took them in upon Charity and afterwards met another English Man who told the Examinate that he had been taken in Land Service and believes it was before Fort Renoque and the said Person sitting upon a Stone at Bulloigne and not knowing what to do with himself the Examinate took him on Board for Charity and designed to put the said three Persons ashore in England Being asked whether he did not put in a Claim for the said Custom-House Boat by reason of her Captain or Whether the Persons that took her had any Commission from him he the Examinate answered That they that took her must answer for what they did and he must answer for his Actions only Thomas Vaughan Eodem die Capt ' coram me C. Hedges L. C. J. Holt. Mr. Vaughan Have you any more to say Tho. Vaughan It is very hard Circumstances I am under if an English Man was in France under the straights that I am here it would be very hard for him to prove himself an English Man L. C. J. Holt. You have had a very fair Tryal and you shall have Justice be it for you or against you Tho. Vaughan I hope your Lordship will do me Right L. C. J. Holt. Gentlemen of the Jury The Prisoner at the Bar Thomas Vaughan stands Indicted for High-Treason for adhering to the King's Enemies viz That he put himself as a Soldier in the Service of the French King in a Vessel called the Loyal Clencarty with diverse other Persons on Board her that were Subjects to the French King and Enemies to the King of England with a design to burn the King 's and his Subjects Ships and for that purpose went in that Ship That the Prisoner was on Board the Ship and with such a design is proved without all Contradiction by several Witnesses that have been produced that is that the Two and twenty Oar-barge which is the same called the Loyal Clencarty lay hovering about the Buoy in the Nore those Men in the Coventry imagined they had some design of Mischief to the Ships and they made after him with the Coventry It was apprehended by Captain Vaughan and his Crew that the Coventry would be too hard for them and so they did submit and were taken And being Examined on what account he came on our Coasts it is confest by him That he came with a design to burn our Ships You may observe what sort of Men were a Board You have heard it proved to you that Crittenden the Marshal of Dover entered those Persons taken a Board the French Vessel of what Nation and what Quality they were and there were about a Dozen of these French Men for they were entered as such Now if a Subject of England to join with the King's Enemies in pursuit of a design to burn or take any of the King 's or his Subjects Ships that is an adherance to the King's Enemies But it appears not only that Captain Vaughan was in their Company but that he was their Commander which Commanding the Vessel on Board which were French Subjects Enemies of the King and the Kingdom of England is High-Treason and the particular Fact of Treason for which he is Indicted And it appears that he had a Commission from the French King to command this Vessel the Loyal Clencarty Now the Prisoner having this Commission to be Commander of this Vessel though they who served under him were not Native French Men but other Foreigners yet their subjecting themselves to him acting by Virtue or Colour of that Commission makes them to be the French King's Subjects during their continuance in that Service for otherwise all Prizes which they should take would make them to be Pirates which none will pretend to maintain when they acted by a Commission from a Sovereign Prince that was an Enemy And if they shall cruize upon our Coasts with a design to take or destroy any of the King 's or his Subjects Ships they are Enemies though they were the Subjects of a Prince or State in Amity with the King of England But at this time there is no

necessity of entring upon this Question because it is proved that diverse who were on Board this Vessel were French Men the joyning with whom in Prosecution of such a Design is that kind of High-Treason of adhering to the King's Enemies So that if Captain Vaughan was a Subject of England he is proved Guilty of High-Treason if you believe the Evidence But now it is insisted on by Mr. Vaughan and his Council That though he was exercising Hostility against the King of England and designing Mischief to his Subjects yet says he I was not a Subject of England I was born a Subject to the French King If that be true then is he not Guilty of High-Treason he is an Enemy but not a Traytor And that is the Point you are now to consider of Whether he be a Subject of England or France Now as to that he being taken under such Circumstances and speaking English it is reasonable to be presumed that he is a Subject of England unless he proves the contrary But then you have heard by several of the Witnesses That when he was at first taken he acknowledged himself to be an Irish Man and he did not only acknowledge it to them that assisted in apprehending him but being carried to Dover when the Marshal entered him in his Book as a Prisoner he entered him not as a French Man but declared at that time he was an Irish Man It may be he did not consider the Consequence of it for the next Day he was carried before the Mayor of Dover and then having considered better of it that it was not for his Interest to acknowledge himself an Irish Man he said he was born a Subject to the French King and at Martinico There were Scotch Men and Irish Men taken at the same time and they were entered as of the Nation they belonged to and so were diverse entered as French Men. So that unless he hath given sufficient Evidence to the contrary this is sufficient to induce you to belive him an Irish Man born But he has endeavoured to take off this Evidence that has been given First he says It was when he was in Drink that he did confess himself to be an Irish Man but when he was Sober he said he was a French Man And besides that he calls a Witness whose Name is Robert French to give an account of him And French says That about fourteen Years ago he was at St. Christophers on French Ground and he did then see this Thomas Vaughan he did take him then to be about the Age of fifteen He says he stay'd there about four and twenty Hours and that he was in the Company of this Vaughan and his Father about five or six Hours He says his Father told him at that time that this young Man who was then about fifteen Years of Age was born at Martinico He says further That his Father did recommend this Son to him to be a Sea-faring Man being the Imployment he intended him for and he is sure this is the Man This Robert French was ask'd Whether he ever saw this Vaughan from the time he first saw him at St. Christophers until this time He says he never saw him since that time till about two Months ago He gives you this account how he came to meet with him he says he came to Town and being a Charitable man he used to visit the Prisons and he came to Newgate to one Knowler and there he saw Captain Vaughan and though he had not seen him for fourteen Years before yet he knew him again and is positive that he is the same Person Another Swears he knew the Prisoner about five years and he was reputed a French man There has been another Witness produced which is that Dascine who came up as a French man and talked French pretending he could not speak English but on Examination it was discovered that he had an Imployment in England and was a Bayliffs-Follower and it appears he can speak English very well and notwithstanding his pretence has given his Evidence in English And he tells you That he about the year 1669 did go to St. Christophers and afterwards to Martinico and there he went to one Williams who had a Friend whose name was Vaughan at whose House there was a Christning to be of his Son to whom Williams was to be Godfather and this Witness was carried thither and the Child was Christned Thomas He tells you he went over again to St. Christophers and to Martinico in the year 1677 and that then he enquired for this Child and did see him Then he says after that he went over again to St. Christophers and to Martinico about thirteen years ago and then saw him again and I think never saw him since until very lately and this Prisoner he undertakes to tell you is the very Person But then one Harvey tells you he saw him in France in the year 1693 and there he was taken to be a French man and he lived with a Woman that sold Silk that said he was her Nephew her Sister's Son and that he was born at Martinico This is the Evidence he gives you to induce you to believe he is a French man Now in the first place before I open the Evidence in answer to it I desire you to observe the Weight and Import of this Evidence that hath been produced by the Prisoner First for this French that says he saw Captain Vaughan fourteen years ago when he was about fifteen years of Age he had no former Acquaintance with him stayed in his Company but six Hours and came away within four and twenty Hours after his first arrival and never saw him again in fourteen years it is a strange thing that he should know him again so well as to be so positive that he is the same Person for in fourteen years there is a great alteration in a man For a man that has known one at the Age of fifteen and not seen him in fourten years after though before he was very well acquainted with him cannot so easily know him again But however he is positive upon his Oath that he is the same Person that he saw at Martinico Then as for Dascine you may consider him that he should take notice of a little Child that he saw Christned several years before and that he should now remember him when he had not seen him in thirteen years sure he had a great liking to this Child that when he went to Martinico many years after he should be so inquisitive after him I must leave these things to you to consider of That he might have an Aunt in France that is very possible too But now consider how this Evidence hath been endeavoured to be answered two Witnesses have been produced to contradict that which they have Sworn The first is David Cray who tells you he has known the Prisoner for two years and says he was always reputed to be an

Nations Ex ore duorum vel trium c. And one Witness is no Witness Sir Ch. Hedges Two Witnesses may be necessary to convict a Man of any capital Crime but then it doth not follow that there must be two Witnesses to prove every particular Fact and Circumstance In this point touching the Place of the Nativity of Thomas Vaughan Was there not sufficient in his own Confession together with the other Proofs on the King's behalf to throw the burden of Proof upon the Prisoner You your selves seem to have been of that Opinion you undertook to prove it and 't is you that have failed in that particular L. C. J. Holt. Our Tryals by Juries are of such Consideration in our Law that we allow their Determination to be the best and most advantagious to the Subject and therefore less Evidence is required than by the Civil-Law So said Fortescue in his Commendation of the Laws of England Dr. Oldys Because the Jury are the Witnesses in reality according to the Laws of England being presumed to be ex vicineto but when it is on the High and Open Seas they are not then presumed to be ex vicineto and so must be instructed according to the Rules of the Civil-Law by Witnesses Mr. Bar. Powis This is not a Tryal by the Civil-Law for that Statute was made to avoid the Niceties of your Law Mr. J. Eyers He is tryed with like Evidence as in other Cases of High-Treason Dr. Oldys No the late Act requires two Witnesses Cl. of Arr. Make Proclamation of silence Cryer All manner of Persons are Commanded to keep silence while Judgment is giving upon pain of Imprisonment And then Judgment was given according as the Law directs in Cases of High-Treason An Abstract of the Tryal of John Murphey for High-Treason c. John Murphey being Indicted for High-Treason the Twelve Gentlemen following were sworn upon the Jury for his Tryal Nathaniel Long John Eure John Child Thomas Clarke Thomas Batem●n Henry Trye John Morewood Nicholas Greenway Samuel Jackson John Hall John Collumn Roger Mott. Then Mr. Whitaker one of the King's Councel opened the Indictment after which Dr. Nuton one of the King's Advocates spoke as follows JOhn Murphey of Cork in the Kingdom of Ireland born a Subject of this Kingdom and therefore owing Allegiance and Service to his King and Country stands Indicted for Adhering to Aiding and Comforting His Majesties Enemies and likewise for levying of War in Assisting the French King the Greatest the most Inveterate and the most Dangerous Enemy of our King our Nation our Religion and the common Liberty of Europe in an Unjust Cruel and long War against his King and Country that King who Heads the League against the common Oppressor of Christendom and the Country whose Forces and Reputation support that League and this with a design only to rob and spoil which is the Meanest part of the War but withal the most Mischievous to the Innocent and Trading Subjects being on Board a French Privateer called The Nostre Dame de bon Novelle and Fighting in her for though the coming with such a design and the being in a Vessel under a French Commission was Criminal and must have met with since it deserved the same Punishment yet this was put in Execution too by the the Taking the Joseph and Isaac of London on the Twentieth of March last to the Terrour and the Impoverishment of many of his Fellow-Subjects which justifies their Complaint and this publick Prosecution of the State for the bringing him to Justice And then the Witnesses for the King were called and being Examined together with several others on the behalf of the Prisoner it appeared to the Jury that the said Murphey being an Irish Man and his Majesties Subject did Traiterously adhere unto and assist the French King in a French Ship called The Nostre Dame de bon Novelle and in Taking and Securing therewith a Ship called The Joseph and Isaac of London belonging to English Subjects And thereupon he was found Guilty and received Sentence of Death as in Cases of High-Treason THE COMMISSION OF Capt. Tho. Vaughan Which he had by Order of the FRENCH KING LEWIS ALEXANDER of Bourbon Earl of Toulouse Duke of Amville Commander of the King's Orders Governor and Lieutenant-General for His Majesty in the Province of Britany Peer and Admiral of France To all those who shall see these present Letters Greeting The King having Declared War against His Catholick Majesty the Favourers of the of the Crowns of England and Scotland and the Estates of the United Provinces for the Reasons contained in the Declarations Published by His Majesty throughout the Extent of His Kingdom Countries Lands and Lordships under His Obedience and His Majesty having Commanded Us to take care that the said Declarations be observed in what doth depend upon the Power and Authority which His Majesty hath been pleased to commit to Our said Charge of Admiral We have according to the express Orders of His said Majesty given Leave Power and Permission to THOMAS VAUGHAN living at Bulloigne to arm and set forth in Warlike Manner a Bark called The Loyal Clencarty of the Burthen of Ten Tuns or thereabouts which is at present in the Port of Bulloigne with such Number of Men Cannons Bullets Powder Shot and other Ammunitions of War and Provisions which are Necessary to set her out to Sea in a Condition to sail and cruize upon the Pirates and others without Commission as also upon the Subjects of His Catholick Majesty the Estates of the United Provinces the Favourers of the of the Crowns of England and Scotland and other Enemies of this Estate in what Places soever he can meet them whether it be upon the Coasts of their Country in their Ports or Rivers also upon their Shores or Places where the said Captain THOMAS VAUGHAN shall think fit to land to annoy the said Enemies and there to make use of all the Means and Arts permitted and used by the Laws of War to take them and bring them Prisoners with their Ships Arms and other Things in their Possession Provided the said VAUGHAN shall keep and cause those of his Crew to keep the Maritime Orders and that he shall carry during his Voyage the Flag and Ensign of the King's Arms and of Ours and cause the present Commission to be Registred in the Registry of the nearest Admiralty where he shall be Equipped and leave there a Roll Signed and Certified by him containing the Names and Surnames the Births and Residence of his Crew and make his return to the said Place or some other Port of France and make his Report before the Officers of the Admiralty and no others of what shall have happened during his Voyage and give Us Advice thereof and send his said Report to the Secretary-General of the Marine with the Papers justifying the same that We may give such Orders thereupon as may be Necessary And We pray and require