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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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of which Thomas Vaughan a Subject of our said Lord the King that now is was Commander with several French Subjects Enemies of our said Lord the King to the Number of 15 Persons in a Warlike manner to take and destroy the Ships Goods and Moneys of our said Lord the King and his Subjects and against our said Lord the King to wage War upon the High-Seas within the Jurisdiction of the Admiralty of England And that at the time of the said War between our said Lord the King and the aforesaid Lewis the French King Tho. Vaughan late of Galloway in the Kingdom of Ireland Marriner being a Subject of our said now Lord the King as a false Rebel against the said King his Supreme Lord and not having the fear of God before his Eyes nor considering the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and altogether withdrawing the cordial Love and true and due Obedience which every true and faithful Subject of our said Lord the King ought by Law to have towards the said King and the said War as much as in him lay against our said Lord the King designing and intending to prosecute and assist The said Tho. Vaughan on the said 8th day of July in the said 7th Year of the King being a Souldier aboard the said Ship of Warr called the Loyal Clencarty in the Service of the said Lewis the French King And being then on the High-Seas within the Jurisdiction of the Admiralty of England about Fourteen Leagues from Deal did then and there by force and Arms falsly maliciously wickedly and Traiterously aid help and assist the Enemies of our said Lord the King in the Ship of War called the Loyal Clencarty And afterwards the said Thomas Vaughan in the Execution and Performance of his said aiding helping and assisting Maliciously Falsely and Traiterously sailed a Cruising to several Maratime Places within the Jurisdiction aforesaid by Force and Arms to take the Ships Goods and Money of our said Lord the King and his Subjects against the Duty of his Allegiance the Peace of our said Lord the King and also against a Statute in that Case made and Provided And the said Jurors for our said Lord the King upon their said Oaths farther represent That the aforesaid Thomas Vaughan as a false Traytor against our said Lord the King further desinging practising and with his whole strength intending the common Peace and Tranquility of this Kingdom of England to disturb And War and Rebellion against the said King upon the High-Seas within the Jurisdiction of the Admiralty of England to move stir up and procure And the said Lord the King from the Title Honour Royal Name and Imperial Crown of his Kingdom of England and Dominions upon the High-Seas to depose and deprive and miserable slaughter of the Subjects of the said Lord the King of this Kingdom of England upon the High-Seas and within the Jurisdiction aforesaid to cause and procure on the said 8th day of July in the said 7th Year of the King upon the High-Seas about Fourteen Leagues from Deal and within the Dominion of the Crown of England and within the Jurisdiction of the Admiralty of England aforesaid falsly maliciously devilishly and treacherously by force and Arms with divers others false Rebels and Traytors to the Jurors unknown War against our said now Lord the King prepared promoted levyed and waged And that the said Thomas Vaughan in performance of his said War and Rebellion then and there by Force and Arms maliciously wickedly and openly assembled and joined himself with several other false Traytors and Rebels to the Jurors unknown to the Number of Fifteen Persons being Armed and Provided in a Warlike manner with Guns and other Arms as well offensive as defensive And the said Thomas Vaughan then and there being aboard the said Ship of War called the Loyal Clencarty assembled with the other false Rebels and Traytors as aforesaid maliciously wickedly and Trayterously sailed a Cruising to several Maritime places with the aforesaid Ship of Warr called the Loyal Clencarty with an intent to take spoil and carry away the Ships Goods and Money of our said Lord the King and his Subjects by Force and Arms upon the High and open Seas within the jurisdiction aforesaid against the Duty of his Allegiance the Peace of our said Lord the King his Crown and Dignities and likewise against the Form of a Statute in this Case made and provided Thomas Noden Samuel Oldham Jurors Upon this Indictment he hath been Arraign'd and upon his Arraignment he hath pleaded Not Guilty and for his Tryal he hath put himself upon God and his Country which Country you are Your Charge is to enquire whether he be guilty of the High Treason whereof he stands Indicted or not Guilty If you find him Guilty you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since If you find him not Guilty you are to enquire whether he fled for it If you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Whitaker May it please you my Lord and you Gentlemen of the Jury The Prisoner at the Barr Thomas Vaughan stands Indicted for High Treason That whereas on the 9 th of July there was a War between his Majesty the King of England and Lewis the French King amongst other War-like Preparations that the French King did make he did set forth a Ship called the Loyal Clencarty That the Prisoner at the Bar as a false Traytor did list himself aboard this Ship And on the High-Seas about Eleven Leagues from Deal did Trayterously aid the Kings Enemies to take the King's Ships This is said to be against the Duty of his Allegiance and the Peace of our Soveraign Lord the King his Crown and Dignity He stands further Indicted for that he the said Thomas Vaughan with several other false Traytors did levy War and Arm themselves with Arms Offensive and Defensive and was Cruising on the High-Seas off of Deal with an intent to take the King's Ships and to kill and destroy the King's Subjects against the Duty of his Allegiance and the Peace of our Soveraign Lord the King his Crown and Dignity To this Indictment he has pleaded not Guilty We shall call our Witnesses and prove the Fact and doubt not but you will do your Duty Dr. Littleton Gentlemen of the Jury you have heard the Indictment opened and also what sort of Crime the Prisoner at the Bar stands charged with viz. That he being a Subject of the Crown of England has together with his Accomplices armed himself in a Military way to Murther and Destroy his fellow-Subjects and as much as in him lay to Ruin
Irish man and born in Galloway he has often discoursed with him about his Country and he told him that he was an Irish man and born at Galloway Then you hear what a Letter is produced writ to Cray when he was to come upon his Tryal he mentions what his Defence was and that it was impossible that any could do him any harm but he and two more Cray Swears it is his Hand that he hath seen him write and he belives it is his Hand Then there is a Gentleman Mr. Rivet that came here by chance who is a Galloway man he saith he knew the Prisoner's Father who was reputed to come thither about the time of the Rebellion in Ireland in 1641. and lived at Galloway and that this Prisoner Mr. Vaughan was his Son and he knew him of a Child was well acquainted with him lived hard by him remembers him an Apprentice in Galloway and tells you to whom and says he is sure this is the very man and that he saw the Prisoner in 1691 about the time of the Reduction of Galloway and he is confident that the Prisoner is the Son of John Vaughan at Galloway and he gives you a particular account of him and his Family viz. of the Reputation and Manner of living of his Father and what other Brothers he had so that there is no Objection against his Credit and it is hard to believe since he is so positive and circumstantial that he can be mistaken But the Prisoner and his Council have endeavoured to answer all this Evidence and first they have called Cray's Brother to prove that he is an ill man for that he came into this Town where his Brother lives who subsisted him and took him to his House and one day when he and his Wife went abroad he made bold with some of his Money but they thought the Maid had it and he charged her with it but to his Satisfaction it did afterwards appear that David had it Then there is another Christopher Hyden Christopher Cray's Servant who says he heard D. Cray say he was forc'd to be an Evidence against Vaughan to save himself and that he used to threaten his Brother that if he would not give him more Money he would swear against him Bryan saith much to the same purpose These are produced to take off the Credit of D. Cray's Testimony But then Gentlemen as to the place of the Prisoner's birth two other Witnesses are produc'd to give you Satisfaction that this Capt. Vaughan was not the Son of that Mr. Vvughan of Galloway whose Evidence I will open to you and then you will see how coherent they are in their Testimony The first is Creighton a Shoemaker he says he knew Thomas Vaughan the Son of John Vaughan of Galloway about ten years since he was a Galloway man bred and lived the next door to John Vaughan that had a Son Thomas He says he has been here about ten years in England He says he thinks that Thomas Vaughan the Son of John Vaughan was about the Age of fifteen years but that this Prisoner is not he for that Thomas Vaughan was disfigured with the Small-pox he remembred him well he had reason for it for he once basted him soundly and that he went away from Galloway when he was about fifteen years of Age and was reported to be dead and if it were so this Prisoner cannot be the Person The other Witness is as positive as Creighton for he saith He knew this John Vaughan of Galloway and his Son Thomas and that Thomas Vaughan Son of John Vaughan died about ten years since of the Small-pox So that they have found two Thomas Vaughans one tells you of one that was fifteen years old and was disfigured with the Small-pox and the other tells you of Thomas Vaughan who died of the Small-pox when he was ten years of Age. You are therefore to consider the Evidence on both sides The Question principally is Whether the Prisoner be a Subject of the King of England If you are satisfied that he is not an English Subject but a French man then he is not Guilty of this High-Treason but if you are satisfied by the series of the whole Evidence that he is an Irish man and that he had a Commission from the French King and that he cruized upon our English Coasts in Company with the King's Enemies with a design to take burn or destroy any of the King 's or his Subjects Ships you are to find him Guilty of High-Treason whereof he stands Indicted otherwise you are to acquit him Cl. of Arr. Swear an Officer to keep the Jury which was done After a short stay the Jury returned into Court and gave in their Verdict Cl. of Arr. Gentlemen answer to your Names E. Leeds Mr. Leeds Here. Cryer Vous avez and so of the rest Cl. of Arr. Gentlemen Are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Thomas Vaughan hold up thy Hand Which he did Look upon the Prisoner How say you Is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the Treason committed Foreman None to our knowledge Cl. of Arr. Then hearken to your Verdict as the Court hath Recorded it You say that Thomas Vaughan is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High-Treason committed or at any time since to your knowledge and so you say all Jury Yes Tho. Vaughan My Lord let me beg one Favour that I may be used like a Gentleman that I may be sent to a Chamber and not to a Dungeon and that my Friends may come to me L. C. J. Holt. Captain Vaughan they say you once made an escape and therefore the Keeper must keep you with Humanity but with all Security Tho. Vaughan I desire that I may be kept like a Christian. L. C. J. Holt. The Keeper must do his Duty Cl. of Arr. Thomas Vaughan hold up thy Hand which he did Thou standest Convicted of High-Treason against our Sovereign Lord the King What hast thou to say for thy self why Judgment should not pass against thee to dye according to the Law Tho. Vaughan I am altogether a Stranger to the Law my Lord I refer my self to my Council L. C. J. Holt. Well then you refer your self to your Council You have had a fair Tryal and have no reason to complain of it If your Council have any thing to say in arrest of Judgment they shall be heard Mr. Phipps My Lord the Indictment has two sorts of Treason laid in it the one for adhering to the King's Enemies the other levying of War and with submission I take it that the first is not well laid for it says that the Prisoner did adhere