Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	aforesaid_a	kingdom_n	say_a	2,872	5	6.8874	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

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

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

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