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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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THE TRYAL AND Condemnation OF Capt. Thomas Uaughan FOR High Treason In Adhering to the 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-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