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.
would produce is his being in another Vessel L. C. J. Holt. Go on and shew what he did in the Clancarty You the Prisoner will you ask this Man any Questions Mr. Phipps Crouch you said that the Prisoner did say he could not deny but he was an Irish man how came you to talk about it R. Crouch He said I cannot deny but I am an Irish Man L. C. J. Holt. Did he say he was an Irish man What were the words he used R. Crouch He told the Lieutenant he was an Irish Man Mr. Phipps What Discourse was there How came he to say that R. Crouch I went by only and heard the words spoken to the Lieutenant L. C. J. Holt. Did he speak English R. Crouch Yes my Lord. L. C. J. Holt. If he spoke English that is some Evidence he is an English man tho' the contrary may be proved by him T. Vaughan That would no more prove me an English-man than if an English man were in France and could speak French would prove him a French-man because he could speak French L. C. J. Holt. You shall he heard by and by to say what you will on your own behalf Mr. Phipps Were there any French men on board the Clancarty R. Crouch No Sir Mr. Phipps Mr. Vaughan will you ask him any Questions your self Mr. Cowper Call T. Noden T. Vaughan How did you know that there were no French-men aboard Did I address my self to you when I came aboard R. Crouch No Sir T. Vaugan Did I not address my self to the Captain when I came aboard How came I to tell you I was an Irish-Man R. Crouch They were all Scotch-men English-men and Irish men Mr. Phipps Mr. Vaughan you need not take up the time of the Court about that matter Mr. Cowper you may go on Mr. Sol. Gen. Did the Prisoner own that he acted by the Fr King's Commission Did you know any thing of his having a French Commission R. Crouch Yes I heard he had one but I did not see it but I heard so by the Company L. C. J. Holt. Were there any French-men a-board R. Crouch No not that I know of They were Dutch-men and English-Men and Scotch-men and Irish Men. Mr. Cowper Call T. Noden Who appear'd and was Sworn Do you give my Lord and the Jury an Account of taking the Vessel call'd the Two-and-Twenty-Oar-Barge T. Noden Last Year about June or July to the best of my Remembrance I belong'd to his Majesty's Ship the Coventry and we took the Two-and-Twenty-Oar-Barge L. C. J. Holt. How many Dutch men were aboard T. Noden I do not know of above one L. C. J. Treby What were the rest Were there any French-Men T. Noden Yes there were several French-Men aboard I belong'd to the Coventry And as we were sailing by the Nore and the Gunfleet our Captain spy'd a small Vessel sailing by the Sands and he suppos'd her to be a French Privateer and he fir'd a Gun to make them bring to and they did not obey and at last fir'd a Gun Shot and all and they would not come to Then the Captain order'd to Man the Boat and row after them So the Barge and Pinnace and Long-Boat were Mann'd and they came pretty near them This Barge we took was aground also and they got her afloat and she run aground again And as they were aground most of them out of the Boat our Long-Boat struck aground and waded after them near half a League and when we came to the Barge there was this Captain Vaughan and two or three and Twenty more And there was two Dutch-Men and as I apprehended some French-men there was in her a Blunderbuss and small Arms and a considerable quantity of Hand-Granadoes L. C. J. Holt. What Vessel was you aboard T. Noden The Coventry Mr. Sol. Gen. What Country-man did Captain Vaughan say he was T. Noden I did not hear any thing of it Our Captain Examin'd the Dutch-man what Country-man the Commander was and he said he was an Irish-man but I did not hear it my self When Captain Vaughan was brought aboard the Coventry I was put aboard the Prize we had taken Mr. Cowper Had you any discourse with Captain Vaughan T. Noden No. L. C. J. Holt. Did they endeavour to take your Ship T. Noden No but endeavour'd to get away from us L. C. J. Holt. What Guns or Ammunition had they T. Noden I cannot tell particularly there was some Canvass Baggs every Man had a Carteridge-bag and there were some Hand-Granadoes Mr. Whitaker What Fire-Arms had they T. Noden I cannot say how many but they had Muskets and Pistols and two Blunderbusses Mr. Cowp Did you understand whence this Ship the L. Clancarty came T. Noden The Dutch-man said they came from Calis As near as I can guess we spy'd them about Eleven a Clock and we weigh'd Anchor in the Afternoon on Sabbath-day and they took us to be a Light Collier and endeavour'd to board us as the Dutch-man said but when they knew what we were they endeavour'd to escape from us Mr. Cowp Call Sam. Oldham Who appear'd and was Sworn Mr. Oldham was you aboard the Coventry when she took the Ship call'd the Clancarty Sam. Oldham Yes I was Mr. Cowper Pray give an Account what you observed of the Prisoner T. Vaughan then Sam. Oldham We weigh'd our Anchor first at the Boy and Nore so we saw a Prize in the Morning the Captain said it was a Prize and we made Sail after him and they ran on the Goodwin Sands and the Captain seeing the Barge run aground we fir'd at her to bring her to we fir'd a second and she would not come to but ran aground again When she was aground by the Captain 's Order we mann'd our Boats and out we went after her Mr. Cowper Did you take her Sam. Oldham We went and our Long-Boat ran aground I was in the Long-boat and we waded I believe a Mile and half after her L. C. J. Holt. What French-men were aboard Sam. Oldham I cannot justly say whether there were any L. C. J. Holt. Were there any Sam. Oldham I think one or two Mr. Cowper Were there any Dunkirkers or Walloons aboard Sam. Oldham There was a Dutchman who they call'd a Fleming and I discours'd him L. C. J. Holt. How many Outlandish men were there aboard was there a dozen or how many Sam. Oldham I cannot say the quantity Mr. Cowper Was there more than two or three Sam. Oldham Yes more than two or three L. C. J. Holt. What Forraigners Sam. Oldham Yes And there were two English-men Mr. Cowper What did you observe of the Prisoner at the Bar at the taking of the Ship Sam. Oldham I did not come aboard along with the Prisoner but with his Man and his Man said he was an Irish-man and that he was Commander of the Boat Mr. Soll. Gen. What was their design in that Ship Clancarty Sam. Oldham I cannot tell that Mr. Cowper Did they resist
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 Batemâ—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
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
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