Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	person_n	4,136	5	4.8948	4	false

Text snippets containing the quad

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

THE TRYAL AND Condemnation OF Capt. Thomas Uaughan FOR High Treason In Adhering to the french-FRENCH-KING And for Endeavouring the Destruction of His Majesty's Ships in the NORE Who upon full Evidence was found Guilty at the Sessions-House in the Old-Baily on the 6 th of Novemb. 1696. With all the Learned Arguments of the King 's and Prisoners Council both of the Civil and Common Law upon the New Act of Parliament for Regulating Tryals in Cases of High Treason Perused by Sir Charles Hedges Judge of the High Court of Admiralty the Lord Chief Justice Holt the Lord Chief Justice Treby and the Council Present at the TRYAL To which is Added Captain Vaughan's Commission at Large which he had from the french-French-King As also an Account of the TRYAL of John Murphey for HIGH TREASON LONDON Printed for John Everingham at the Star near the West-end of St. Paul's 1697. Die Sabbati tricesimo primo Octobris Annoque Regni Regis Willielmi Octavo Annoque Domini 1696. The Court being sate at which were present Sir Charles Hedges Judge of the High Court of Admiralty the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Turton and others of his Majesties Commissioners The Court proceeded on this manner Cl. of Arr. MAKE Proclamation Cryer O Yes O yes O yes All manner of Persons that have any thing more to do c. and were Adjourn'd to this Hour draw near and give your Attendance God save the King Then the Grand Jury were call'd over and the Appearances mark'd And Witnesses being Sworn in Court to give Evidence to them against Thomas Vaughan they withdrew to hear the fame Then the Keeper of Newgate was ordered to bring his Prisoner Thomas Vaughan to the Bar. Which he did Cl. of Arr. Tho. Vaughan hold up thy Hand Which he did Thou standest Indicted c. How sayest thou Tho. Vaughan Art thou Guilty of the High Treason whereof thou standest Indicted or Not Guilty T. Vaughan Not Guilty Cl. of Arr. Culprit How wilt thou be Try'd T. Vaughan By God and this Country Cl. of Arr. God send thee a good Deliverance And then the Court proceeded to the Tryal of the Pyrates and gave notice to Mr. Vaughan to prepare for his Tryal on Friday next the 6th of November 1696. Die Veneris sexto Novembris Annoque Regni Regis Willielmi Octavo Annoque Domini 1696. Cl. of Arr. CRYER make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions of Oyer and Terminer Adjourn'd over to this Day draw near and give your Attendance And you Sheriffs of the City of London return the Precepts to you directed upon Pain and Peril which will fall thereupon Then the Under Sheriff return'd the Precepts Cl. of Arr. Make Proclamation Cryer O yes You good Men of the City of London Summon'd to appear here this Day to try between our Sovereign Lord the King and the Prisoner at the Bar Answer to your Names as you shall be called every one at the first Call and save your Issues The whole Pannel was call'd over and the Appearances of those that answered Recorded and the Defaulters were again call'd over Mr. Phipps Will your Lordship please to order that two Men may be brought from the Marshalsea in behalf of the Prisoner L. C. J. Holt. You shall have an Order Then the Court went on the Tryal of the Six Pyrates and after the Tryal was over Tho. Vaughan was call'd to the Barr. T. Vaughan My Lord my Irons are very uneasie to me I desire they may be taken off L. C. J. Holt. Ay ay take them off Mr. Phipps If your Lordship please we have some doubts as to the Indictment L. C. J. Holt. If you have any Exceptions you ought to have made them before the Prisoner pleaded to it Mr. Phipps I thought you had allow'd it my Lord in former Cases L. C. J. Holt. No we did not allow it as of Right due to the Prisoner the Exceptions should have been made before the Plea You were indulg'd in being heard at first in the Cases of Rookwood Cranburne and Lowick but it was not the intent of the Act to alter the Method of the Proceeding and so upon consideration hath it been determin'd The Prisoner hath time given by the Act to make any exception to the Indictment before he pleaded but you may move what you will afterwards in Arrest of Judgment if it be material Cl. of Arr. Thomas Vaughan Those Men that you shall hear called and Personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you will Challenge them or any of them your time is to speak unto them as they come to the Book to be Sworn before they be Sworn Mr. Phipps There was one Man here that desir'd to be excus'd because he was on the Grand Jury therefore it seems there are some return'd upon this Jury that were on the Grand Jury which I think ought not to be L. C. J Holt. Challenge them then Mr. Phipps We do not know the Men. Then the Pannel was call'd over and a great many Challenges made and the Twelve Men that were Sworn were these Fd. Leeds Caleb Hook Nath. Green Joceline Roberts Hen. Sherbrook Tho. Parker Jo. Sherbrook Peter Gray Tho. Emms. Roger Poston Peter Parker Woolley Cl. of Arr. Cryer make Proclamation Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant the King's Attorney General the King's Advocate in his High Court of Admiralty before this Inquest be taken of the High Treason whereof Thomas Vaughan the Prisoner at the Barr stands Indicted let them come forth and they shall be heard for now the Prisoner at the Bar stands upon his Deliverance and all others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance Cl. of Arr. Tho. Vaughan hold up thy Hand Which he did You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Thomas Vaughan Whereas That before and until the 8th day of July in the 7th Year of the Reign of our Sovereign Lord King William the Third there was open War between our said Lord the King and Lewis the French King And that the said War continued on the said 8th Day of July in the 7th Year aforesaid and doth still continue And that for all the time aforesaid the said Lewisthe French King and his Subjects were and at present are Enemies of our said Lord the King that now is And that at the time of the said War and before the said 8th day of July in the 7th Year aforesaid the said Lewis the French King set out amongst others a certain small Ship of Warr called the Loyal Clencarty

his Native Country by ruining the Trade and Traffick which is the great support and Riches of the Nation And that his Crime might be Consummate He with his Accomplices has done what in him lay to Dethrone and dispossess his Sacred Majesty as well knowing it was in vain to expect to make the Nation unhappy as long as we enjoy so Great and Good a Prince So that you are to look on the Prisoner as an Enemy and Traytor to his own Country and not only so but as one of the worst and most dangerous Enemies Since he being a Subject of these Islands was the better able to spy out our Weaknesses and Defects and thereby to do us the greater Mischief It is not to be exprest what Ruin and Desolation it would have caused to this Nation had this Man and his Accomplices brought their wicked Intentions to effect and all this was done to Aid and Assist the Grand Enemy of Christendom and of our own Country in particular the French King Therefore as you are lovers of your King and Country and your Fellow-Subjects whom the Prisoner and his Accomplices would have destroy'd I am sure you will take care to do the Nation Justice and that he be brought to condign punishment Gentlemen there is one thing further that I must not omit viz. That the Prisoner at the Bar being in Custody for these very Crimes about a Twelve-month since did not think fit to trust to his Innocency nor to his pretended French Extraction but the day before he was to be Try'd he thought fit to break Prison withdraw from Justice and run his Country Which tho' not a Confession and full Proof yet is a great Evidence of his Guilt Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar Thomas Vaughan stands Indicted for two sorts of Treason The one is for Levying War against the King the other is for Aiding and Abetting the King's Enemies And to prove the first the levying of War we shall prove that he was a Captain of a French Ship call'd the Granado of St. Maloes and that with that Ship he took and carried away many of his Majesty's Subjects and took several Merchant Ships and carried them to France We shall likewise prove that he was Captain of another French Ship call'd the Loyal Clancarty with which he was Cruising off Deal where we had several Ships lying at the same time And there he being on Board the said Ship Clancarty was taken Prisoner with a Commission by which he was Constituted Captain of the Loyal Clancarty under the Hand of Lewis the French King And to prove him aiding and abetting to the King's Enemies we shall prove against him this particular Fact that he and his Accomplices did in the Year 1692. come to London and went to Tower-Wharf to enquire what Vessels were ready to go down the River and there was one laden with Piece-Goods and he put himself and several other of his Accomplices into this Vessel to go down the River but they had contrived the matter and brought it so to pass that they fell on those Men who had the government of the Ship and carried away this Vessel to France Now if this be true the Prisoner is certainly guilty of aiding the King's Enemies And to prove he was guilty of this we will prove to you that even in France where he was at perfect Liberty he owned he was the Contriver of all this and that he had a thousand pound for his share of what was taken from our Merchants If we prove these two Facts against him I doubt not but you will find him guilty We will call our Witnesses CI. of Ar. T. Eglington Rich. Crouch Sam. Oldham John Bub Noden Who appeared and were Sworn T. Vaughan With submission to your Lordships and the Honourable Bench I beg that they may be put asunder out of hearing of one another L. C. J. Holt. Let it be so though you cannot insist upon it as your Right but only a Favour that we may grant Mr. Cowper Set up Richard Crouch Is your Name Richard Crouch R. Crouch Yes Sir Mr. Cowper Give my Lord and the Jury an account of what you know of the Ship Coventry taking of the Clancarty and what you know concerning the Prisoner at the Bar in the taking of her R. Crouch We weigh'd our Anchor about four a Clock Mr. Cowper Where were you R. Crouch At the Nore Mr. Cowper In what Ship R. Crouch The Coventry After we had been under Sail a matter of an hour we came to an Anchor with a little wind so Sir this Thomas Vaughan met with a couple of Pinks they were small Vessels that he design'd to take but he saw us and so lay by all Night Mr. Cowper Who lay by R. Crouch Thomas Vaughan the Prisoner at the Bar. Mr. Cowper In what Vessel was he R. Crouch In a two-and-twenty-Oar-Barge he lay by at the Gunfleet the next Morning we weigh'd Anchor at day-light we saw him and chac'd after him and we made them and he made us and we made what haste we could and coming up we fir'd a Gun at him and then we fir'd another and then he went ashore Mr. Cowper What do you mean that he run his Vessel on the Sands R. Crouch Yes and then we fired another Gun at him and then he got off again and then we fired another Gun and could not bring him to and then he got off the Sands again and when we came up to him we Mann'd our Long-Boat and Pinnace and Barge and had him at last When he came on Board he said I cannot deny but I am an Irish-Man and that my Design was to burn the Ships at the Nore Mr. Cowper Did he himself confess it R. Crouch Yes he did that is the Man I know him well enough L. C. J. Holt. You took him in what Ship was you R. Crouch In the Coventry L. C. J. Holt. Out of what Ship was he taken R. Crouch The two-and-twenty-Oar-Barge L. C. J. Holt. What Ship did it belong to R. Crouch I reckon it was my Lord Barclay's Barge L. C. J. Holt. Who did it belong to then R. Crouch To the King of France L. C. J. Holt. What Company was there in her how many Men had she aboard R. Crouch About five and twenty hands Mr. Cowper Did you ever hear him say any thing of a Commission he had R. Crouch I heard he had a French Commission but I did not see it Mr. Cowper Did you hear him say any thing of it R. Crouch No. Mr. Cowper But he told you his Design was to burn the Ships at the Nore R. Crouch Yes Mr. Cowper What Ships R. Crouch The English Ships there were several Ships there then L. C. J. Holt. Were there no Frenchmen aboard the Barge R. Crouch No that I can tell Mr. Lechmere From whence did he come from England or France R.

in this case because of the contrariety of the Witnesses for the first Witness said there was no Frenchman aboard the next said there were two Frenchmen and a Dutchman and Crutenden said there were 13. Now how can these be reconciled unless there had been a Legal Examination of the Parties But the thing we would chiefly go on is this I think they have sail'd in the Foundation of the Treason that is to prove the Prisoner a Subject of this Crown neither is there the least colour of proof thereof At Night he came to Mr. Crittenden and is in drink there he says he is an Irishman the next morning when he is examin'd before the Justices then he comes in a kind of Judgment and then such a confession would be of moment but then he confesses himself to be a Frenchman of Martenico Now my Lord what credit is to be given to these confessions when before the Marshal he shall say I am an Irishman and the next day when he is on examination he declares himself a Frenchman in one confession he is in drink in the other sober Now my Lord I say what proof is here Here then the Foundation of the Treason fails For the Indictment is That he being a Subject of the King of England levies War Now my Lord it this Quality be not proved all the rest of the Indictment falls to the ground for it is impossible for him to commit Treason where he is not a Subject because there can be no Violation of Allegiance So that if he be a Frenchman as he declared before the Justices he cannot be guilty of Treason So that here they have fail'd in the Foundation of all that is to prove him a Subject of England And because they affirm him to be so it lies on those that affirm it to prove it But perhaps now they will say that these little confessions of his will throw the burthen of proof on him By no means when here is a stronger presumption on the other side a meer extrajudicial saying to Seamen that he is an Irishman cannot ballance his confession examined before the Justices wherein he says he is a Frenchman and so can never throw the burden of proof on him Therefore it lies on them that assert this to prove it But my Lord tho it doth not lie on him yet we will prove him to be a Frenchman and born at Martenico by those that were at the christening of him and have known him from time to time ever since And because they say he can speak English if you please to examine him you shall hear him speak Natural French so that that cannot prove him to be a Natural Irishman Mr. Phipps Such a Saying of a Foreigner will be of no great weight because if a man go into a Foreign Country he may say he is that Countryman to get the more favour L. C. J. Holt. What to hang himself Mr. Phipps No my Lord a man that comes into a strange Country may very well think he shall find better usage by pretending to be of that Country than by owning himself to be a Foreigner But we will prove Vaughan to be a Frenchman Call Robert French Then Rob. French was sworn Mr. French Pray give the Court and Jury an account whether you know Mr. Vaughan the Prisoner at the Bar and how long you have known him and what Countryman you take him to be and the Reason why Rob. French I have known him this 14 years Mr. Phipps Where did you see him then Rob. French I saw him in Saint Christophers Mr. Phipps Pray give an Account how you came to know him Rob. French About 16 years ago I was at Mount-Surat and I came to St. Christophers and there I chanc'd to come into English Ground among the Factors and so they brought me to the French Ground and coming there I was in company with several others that Night and it happened I was told there was one Mr. Vaughan there and I coming acquainted with him he shewed me this Youth he was a Youth then He told me he was his Son and recommended him to me because he look'd on me to be a man in trust and business Mr. Phipps From that time what has he been reputed Rob. French A Sea-faring man Mr. Phipps But what Countryman Rob. French To be born in Martenico Mr. Phipps In whose Dominion is that Rob. French In the French King's Dominion Mr. Justice Turton What occasion had you to discourse of the place of his birth Rob. French Because his Father was look'd upon to be a Frenchman Mr. Justice Turton His Father was a Frenchman Rob. French Yes my Lord and lived at Martenico Mr. Cowper How old might he be at that time Rob. French About fifteen or sixteen Mr. Cowper How came you to be talking of his birth and with whom Rob. French One that was talking with me told me his Name was Vaughan and that he was born there Mr. Cowper What introduc'd this discourse How came he to tell you this that he was born in that place Rob. French His Father told me so Mr. Cowper You were talking of one Vaughan of his Name How many were in company when there was this talk Rob. French There were many of them Mr. Cowper Name them Rob. French It is so long ago I cannot remember them Mr. Cowper Name as many as you can of them as many as you do remember Rob. French One Mr. Bodiken a Factor Mr. Cowper Who else Rob. French Several others Mr. Cowper You named one Vaughan before Rob. French Yes I did Mr. Cowper But you had forgot him now Rob. French No there was one Vaughan L. C. J. Holt. Were there any more Rob. French Yes there was I remember the company that went along with me L. C. J. Holt. Who were they Rob. French There were several Passengers that went over with me L. C. J. Holt. How came you to talk of this man's Nativity Rob. French Because his Father said he had not been out of the Island in 20 years at which the People laught Mr. Cowper What place was this discourse in Rob. French At St. Christophers Mr. Cowper How did his Father's saying he had not been out of that Island in 20 years prove his Son was born there Rob. French Because he recommended him to me as a Sea-faring man Mr. Cowper What is that a Reason of What is that to his being born at Martenico Mr. Justice Turton What Countryman are you Rob. French I am an Irishman born L. C. J. Holt. His Father acknowledg'd himself to be an Irishman born did he not Rob. French No my Lord he did not say where he was born I do not know Mr. Justice Turton Have you continued any acquaintance with Mr. Vaughan since How long did you stay at St. Christophers Rob. French I stay'd but four and twenty hours to take in water L. C. J. Holt. How long was it after this before you saw this