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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

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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